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SECTION. 1. PURPOSE. The purpose of this Act is to make improvements in the codification of title 46, United States Code, as enacted by H.R. 1442 (109th Congress), based on-- (1) public comments submitted too late to be incorporated in the codification; and (2) amendments to laws, made after the cutoff date specified in section 18(a) of that bill, which were repealed and replaced by the codification. SEC. 2. PERSONAL INJURY TO OR DEATH OF SEAMEN. Section 30104 of title 46, United States Code, is amended by striking subsections (a) and (b) and inserting the following: ``(a) Cause of Action.--A seaman injured in the course of employment or, if the seaman dies from the injury, the personal representative of the seaman may bring an action relying on the laws of the United States regulating recovery for personal injury to, or death of, a railway employee. Such an action may be maintained in admiralty or, at the plaintiff's election, as an action at law, with the right of trial by jury. ``(b) Venue.--When the plaintiff elects to maintain an action at law, venue shall be in the judicial district in which the employer resides or the employer's principal office is located.''. SEC. 3. AMENDMENTS TO CHAPTER 537. (1) Section 53701 of title 46, United States Code, is amended by-- (A) redesignating paragraphs (2)-(13) as paragraphs (3)-(14), respectively; (B) inserting after paragraph (1) the following: ``(2) Administrator.--The term `Administrator' means the Administrator of the Maritime Administration.''; and (C) amending paragraph (13) (as redesignated) to read as follows: ``(13) Secretary.--The term `Secretary' means the Secretary of Commerce with respect to fishing vessels and fishery facilities.''. (2) Section 53706(c) of title 46, United States Code, is amended to read as follows: ``(c) Priorities for Certain Vessels.-- ``(1) Vessels.--In guaranteeing or making a commitment to guarantee an obligation under this chapter, the Administrator shall give priority to-- ``(A) a vessel that is otherwise eligible for a guarantee and is constructed with assistance under subtitle D of the Maritime Security Act of 2003 (46 U.S.C. 53101 note); and ``(B) after applying subparagraph (A), a vessel that is otherwise eligible for a guarantee and that the Secretary of Defense determines-- ``(i) is suitable for service as a naval auxiliary in time of war or national emergency; and ``(ii) meets a shortfall in sealift capacity or capability. ``(2) Time for determination.--The Secretary of Defense shall determine whether a vessel satisfies paragraph (1)(B) not later than 30 days after receipt of a request from the Administrator for such a determination.''. (3) Section 53707 of title 46, United States Code, is amended in-- (A) subsections (a) and (d), by inserting ``or Administrator'' after ``Secretary'' each place it appears; (B) subsection (b), by striking ``Secretary of Transportation'' and inserting ``Administrator''; (C) subsection (c), by striking ``of Commerce''; and (D) subsection (d)(2), by-- (i) inserting ``if the Secretary or Administrator considers necessary,'' before ``the waiver''; and (ii) striking ``the increased'' and inserting ``any significant increase in''. (4) Section 53708 of title 46, United States Code, is amended in-- (A) subsection (a), by striking ``Secretary'' and ``Secretary of Transportation'' each place they appear in the heading and in text and inserting ``Administrator''; (B) subsections (b) and (c), by striking ``of Commerce'' each place it appears in a heading and in text; (C) subsection (d), by-- (i) inserting ``or Administrator'' after ``Secretary'' the first place it appears; and (ii) striking ``financial structures, or other risk factors identified by the Secretary. Any independent analysis conducted under this subsection shall be performed by a party chosen by the Secretary.'' and inserting ``or financial structures. A third party independent analysis conducted under this subsection shall be performed by a private sector expert in assessing such risk factors who is selected by the Secretary or Administrator.''; and (D) subsection (e), by-- (i) inserting ``or Administrator'' after ``Secretary'' the first place it appears; and (ii) striking ``financial structures, or other risk factors identified by the Secretary'' and inserting ``or financial structures''. (5) Section 53712(b) of title 46, United States Code, is amended by striking the last sentence and inserting ``If the Secretary or Administrator has waived a requirement under section 53707(d) of this title, the loan agreement shall include requirements for additional payments, collateral, or equity contributions to meet the waived requirement upon the occurrence of verifiable conditions indicating that the obligor's financial condition enables the obligor to meet the waived requirement.''. (6) Subsections (c) and (d) of section 53717 of title 46, United States Code, are amended by striking ``of Commerce'' each place it appears in a heading and in text. (7) Section 53732(e)(2) of title 46, United States Code, is amended by inserting ``of Defense'' after ``Secretary'' the second time it appears. (8) The following provisions of title 46, United States Code, are amended by striking ``Secretary'' and ``Secretary of Transportation'' and inserting ``Administrator'': (A) Section 53710(b)(2)(A)(i). (B) Section 53717(b) each place it appears in a heading and in text. (C) Section 53718. (D) Section 53731 each place it appears, except when ``Secretary'' is followed by ``of Energy''. (E) Section 53732 each place it appears, except when ``Secretary'' is followed by ``of the Treasury'', ``of State'', or ``of Defense''. (F) Section 53733 each place it appears. (9) Section 53710(b)(1) of title 46, United States Code, is amended by striking ``Secretary's'' and inserting ``Administrator's''. (10) The following provisions of title 46, United States Code, are amended by inserting ``or Administrator'' after ``Secretary'' each place it appears in headings and text, except when ``Secretary'' is followed by ``of Transportation'' or ``of the Treasury'': (A) The items relating to sections 53722 and 53723 in the table of sections at the beginning of chapter 537. (B) Sections 53701(1), (4), and (9) (as redesignated by paragraph (1)(A)), 53702(a), 53703, 53704, 53706(a)(3)(B)(iii), 53709(a)(1), (b)(1) and (2)(A), and (d), 53710(a) and (c), 53711, 53712 (except the last place it appears, as amended by paragraph (5)), 53713 to 53716, 53721 to 53725, and 53734. (11) Sections 53715(d)(1), 53716(d)(3), 53721(c), 53722(a)(1) and (b)(1)(B), and 53724(b) of title 46, United States Code, are amended by inserting ``or Administrator's'' after ``Secretary's''. SEC. 4. MISCELLANEOUS AMENDMENTS. Title 46, United States Code, is amended as follows: (1) Chapters 513 and 515 are amended by striking ``Naval Reserve'' each place it appears in analyses, headings, and text and inserting ``Navy Reserve''. (2) Section 51504(f) is amended to read as follows: ``(f) Fuel Costs.-- ``(1) In general.--Subject to the availability of appropriations, the Secretary shall pay to each State maritime academy the costs of fuel used by a vessel provided under this section while used for training. ``(2) Maximum amounts.--The amount of the payment to a State maritime academy under paragraph (1) may not exceed-- ``(A) $100,000 for fiscal year 2006; ``(B) $200,000 for fiscal year 2007; and ``(C) $300,000 for fiscal year 2008 and each fiscal year thereafter.'' (3) Section 51505(b)(2)(B) is amended by striking ``$200,000'' and inserting ``$300,000 for fiscal year 2006, $400,000 for fiscal year 2007, and $500,000 for fiscal year 2008 and each fiscal year thereafter''. (4) Section 51701(a) is amended by inserting before the period at the end ``and to perform functions to assist the United States merchant marine, as determined necessary by the Secretary''. (5)(A) Section 51907 is amended to read as follows: ``Sec. 51907. Provision of decorations, medals, and replacements ``The Secretary of Transportation may provide-- ``(1) the decorations and medals authorized by this chapter and replacements for those decorations and medals; and ``(2) replacements for decorations and medals issued under a prior law.''. (B) In the table of sections of chapter 519, the item relating to section 51907 is amended to read as follows: ``51907. Provision of decorations, medals, and replacements.''. (6)(A) The following new chapter is inserted after chapter 539: ``CHAPTER 541--MISCELLANEOUS ``Sec. ``54101. Assistance for small shipyards and maritime communities.''. (B) Section 3506 of the National Defense Authorization Act for Fiscal Year 2006 (46 App. U.S.C. 1249) is transferred to and redesignated as section 54101 of title 46, United States Code, to appear at the end of chapter 541 of title 46, as enacted by subparagraph (A). (C) The heading of section 54101 is amended to read as follows: ``Sec. 54101. Assistance for small shipyards and maritime communities''. (D) The table of chapters at the beginning of subtitle V is amended by inserting after the item relating to chapter 539 the following new item: Miscellaneous...................................................54101''. (7) Section 55101(b) is amended by-- (A) inserting ``or'' after the semicolon at the end of paragraph (2); (B) striking paragraph (3); and (C) redesignating paragraph (4) as paragraph (3). (8) Section 60301 is amended in-- (A) subsection (a), by striking ``2 cents per ton (but not more than a total of 10 cents per ton per year)'' and inserting ``4.5 cents per ton, not to exceed a total of 22.5 cents per ton per year, for fiscal years 2006 through 2010, and 2 cents per ton, not to exceed a total of 10 cents per ton per year, for each fiscal year thereafter,''; and (B) subsection (b), by striking ``6 cents per ton (but not more than a total of 30 cents per ton per year)'' and inserting ``13.5 cents per ton, not to exceed a total of 67.5 cents per ton per year, for fiscal years 2006 through 2010, and 6 cents per ton, not to exceed a total of 30 cents per ton per year, for each fiscal year thereafter,''. SEC. 5. REPEALS. The following provisions are repealed, except with respect to rights and duties that matured, penalties that were incurred, or proceedings that were begun before the date of enactment of this Act: Statutes at Large ---------------------------------------------------------------------------------------------------------------- Statutes at Large Date Public Law Section -------------------------- U.S. Code (46 Volume Page App.) ---------------------------------------------------------------------------------------------------------------- 1936 June 29 858 1113.................. ...... ................ 1279f ............ 1114.................. ...... ................ 1279g 2006 Jan. 6 109-163 515(g)(2)............. 119 3236............ 1131, 1295b, 1295c ............ 3502.................. 119 3547............ 1295c ............ 3507(a)-(c)(3), (d)... 119 3555, 3557...... 1271-1280, 1280b ............ 3509.................. 119 3557............ 1295e ............ 3510.................. 119 3557............ 2004 Feb. 8 109-171 4001.................. 120 27.............. 121, 132 ---------------------------------------------------------------------------------------------------------------- SEC. 6. EFFECTIVE DATE. This Act shall be effective only if H.R. 1442 in the 109th Congress is enacted. If such bill is enacted, this Act shall be effective on the date of, and immediately after, enactment of such bill. | Makes revisions to the codification of title 46 ("Shipping") of the United States Code, as proposed by H.R. 1442. |
SECTION 1. FINDINGS. The Congress finds the following: (1) March 7, 2015, will mark 50 years since the brave Foot Soldiers of the Voting Rights Movement first attempted to march from Selma to Montgomery on ``Bloody Sunday'' in protest against the denial of their right to vote, and were brutally assaulted by Alabama state troopers. (2) Beginning in 1964, members of the Student Nonviolent Coordinating Committee attempted to register African-Americans to vote throughout the state of Alabama. (3) These efforts were designed to ensure that every American citizen would be able to exercise their constitutional right to vote and have their voices heard. (4) By December of 1964, many of these efforts remained unsuccessful. Dr. Martin Luther King, Jr., working with leaders from the Student Nonviolent Coordinating Committee and the Southern Christian Leadership Conference, began to organize protests throughout Alabama. (5) On March 7, 1965, over 500 voting rights marchers known as ``Foot Soldiers'' gathered on the Edmund Pettus Bridge in Selma, Alabama in peaceful protest of the denial of their most sacred and constitutionally protected right--the right to vote. (6) Led by John Lewis of the Student Nonviolent Coordinating Committee and Rev. Hosea Williams of the Southern Christian Leadership Conference, these Foot Soldiers began the march towards the Alabama State Capitol in Montgomery, Alabama. (7) As the Foot Soldiers crossed the Edmund Pettus Bridge, they were confronted by a wall of Alabama state troopers who brutally attacked and beat them. (8) Americans across the country witnessed this tragic turn of events as news stations broadcasted the brutality on a day that would be later known as ``Bloody Sunday.'' (9) Two days later on Tuesday, March 9, 1965, nearly 2,500 Foot Soldiers led by Dr. Martin Luther King risked their lives once more and attempted a second peaceful march starting at the Edmund Pettus Bridge. This second attempted march was later known as ``Turnaround Tuesday.'' (10) Fearing for the safety of these Foot Soldiers who received no protection from federal or state authorities during this second march, Dr. King led the marchers to the base of the Edmund Pettus Bridge and stopped. Dr. King kneeled and offered a prayer of solidarity and walked back to the church. (11) President Lyndon B. Johnson, inspired by the bravery and determination of these Foot Soldiers and the atrocities they endured, announced his plan for a voting rights bill aimed at securing the precious right to vote for all citizens during an address to Congress on March 15, 1965. (12) On March 17, 1965, one week after ``Turnaround Tuesday'', U.S. District Judge Frank M. Johnson ruled the Foot Soldiers had a First Amendment right to petition the government through peaceful protest, and ordered federal agents to provide full protection to the Foot Soldiers during the Selma to Montgomery Voting Rights March. (13) Judge Johnson's decision overturned Alabama Governor George Wallace's prohibition on the protest due to public safety concerns. (14) On March 21, 1965, under the court order, the U.S. Army, the federalized Alabama National Guard, and countless federal agents and marshals escorted nearly 8,000 Foot Soldiers from the start of their heroic journey in Selma, Alabama to their safe arrival on the steps of the Alabama State Capitol Building on March 25, 1965. (15) The extraordinary bravery and sacrifice these Foot Soldiers displayed in pursuit of a peaceful march from Selma to Montgomery brought national attention to the struggle for equal voting rights, and served as the catalyst for Congress to pass the Voting Rights Act of 1965, which President Johnson signed into law on August 6, 1965. (16) To commemorate the 50th anniversary of the Voting Rights Movement and the passage of the Voting Rights Act of 1965, it is befitting that Congress bestow the highest civilian honor, the Congressional Gold Medal, in 2015, to the Foot Soldiers who participated in Bloody Sunday, Turnaround Tuesday or the final Selma to Montgomery Voting Rights March during March of 1965, which served as a catalyst for the Voting Rights Act of 1965. SEC. 2. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The Speaker of the House of Representatives and the President Pro Tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of Congress, of a gold medal of appropriate design to the Foot Soldiers who participated in Bloody Sunday, Turnaround Tuesday, or the final Selma to Montgomery Voting Rights March during March of 1965, which served as a catalyst for the Voting Rights Act of 1965. (b) Design and Striking.--For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary. (c) Award of Medal.--Following the award of the gold medal described in subsection (a), the medal shall be given to the Selma Interpretative Center in Selma, Alabama, where it shall be available for display or temporary loan to be displayed elsewhere, as appropriate. SEC. 3. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 2 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. SEC. 4. STATUS OF MEDALS. (a) National Medals.--The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. Passed the Senate February 26, 2015. Attest: Secretary. 114th CONGRESS 1st Session S. 527 _______________________________________________________________________ AN ACT To award a Congressional Gold Medal to the Foot Soldiers who participated in Bloody Sunday, Turnaround Tuesday, or the final Selma to Montgomery Voting Rights March in March of 1965, which served as a catalyst for the Voting Rights Act of 1965. | . The expanded summary of the Senate reported version is repeated here.) (Sec. 2) This bill directs the Speaker of the House and the President Pro Tempore of the Senate to arrange for the presentation, on behalf of Congress, of a gold medal to the Foot Soldiers who participated in Bloody Sunday, Turnaround Tuesday, or the final Selma to Montgomery Voting Rights March during March of 1965, which served as a catalyst for the Voting Rights Act of 1965. (Sec. 4) The medals struck pursuant to this Act are national medals. |
SECTION 1. EXPANSION OF TRANSIT OPERATING ASSISTANCE GRANT PROGRAM. Section 5307(b) of title 49, United States Code, is amended-- (1) in paragraph (1)-- (A) in subparagraph (D), by striking ``of less than 200,000'' and inserting ``of-- ``(i) less than 200,000; ``(ii) not less than 200,000, and less than 400,000, if the State or regional authority providing public transportation for the area operates at least 100 buses in fixed-route service in the area during peak service hours; ``(iii) not less than 400,000, and less than 600,000, if the State or regional authority providing public transportation for the area operates at least 100 buses in fixed- route service in the area during peak service hours; ``(iv) not less than 600,000, and less than 800,000, if the State or regional authority providing public transportation for the area operates at least 100 buses in fixed-route service in the area during peak service hours; ``(v) not less than 800,000, and less than 1,000,000, if the State or regional authority providing public transportation for the area operates at least 100 buses in fixed-route service in the area during peak service hours; and ``(vi) not less than 1,000,000, if the State or regional authority providing public transportation for the area operates at least 100 buses in fixed-route service in the area during peak service hours;''. (2) in paragraph (2)-- (A) by striking subparagraphs (B) through (D); and (B) by redesignating subparagraph (E) as subparagraph (B); (3) by redesignating paragraph (3) as paragraph (6); and (4) by inserting after paragraph (2) the following: ``(3) Limitations on use of funds.--A designated recipient may use-- ``(A) not more than 50 percent of the funds made available to the designated recipient under this section for activities described in paragraph (2)(D)(iii); ``(B) not more than 45 percent of the funds made available to the designated recipient under this section for activities described in paragraph (2)(D)(iv); ``(C) not more than 40 percent of the funds made available to the designated recipient under this section for activities described in paragraph (2)(D)(v); ``(D) not more than 35 percent of the funds made available to the designated recipient under this section for activities described in paragraph (2)(D)(vi); and ``(E) not more than 30 percent of the funds made available to the designated recipient under this section for activities described in paragraph (2)(D)(vii). ``(4) Conditional use of funds in an urbanized area with a population of at least 200,000.-- ``(A) In general.--For each of fiscal years 2010 through 2015 and subject to subparagraph (B), a designated recipient may use a percentage of the funds made available to the designated recipient under this section, in addition to the percentage described in paragraph (3), to finance the operating costs of equipment and facilities for use in public transportation in an urbanized area with a population of not less than 200,000. ``(B) Operating cost.--To be eligible under subparagraph (A), the designated recipient's percentage of revenue for the operating cost of equipment and facilities for use in public transportation from non- Federal sources (excluding farebox revenue) must be greater than such revenue from the previous fiscal year. ``(C) Limitation.--The amount available for a grant under this paragraph shall not exceed the percentage of such increase. ``(5) TIGGER grant.-- ``(A) In general.--In addition to any other grant under this section, the Secretary may award a grant, from any funds that may be made available to carry out this section for each of fiscal years 2010 through 2015, to a designated recipient for the operating cost of equipment and facilities for use in public transportation in an urbanized area with a population of 200,000 or more, if the designated recipient-- ``(i) was awarded a grant under the Transit Investments for Greenhouse Gas and Energy Reduction program, established under the ninth proviso under the heading `transit capital assistance' under the heading `Federal Transit Administration' under the heading `DEPARTMENT OF TRANSPORTATION' of title XII of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111-105; 123 Stat. 210); and ``(ii) demonstrates that the designated recipient has achieved-- ``(I) total energy savings of not less than 10 percent, as a result of a project funded using a grant under the Transit Investments for Greenhouse Gas and Energy Reduction program; ``(II) energy savings of not less than 10 percent, as a percentage of the total energy usage of the public transit agency, as a result of a project funded using a grant under the Transit Investments for Greenhouse Gas and Energy Reduction program; or ``(III) total greenhouse gas emission reduction of not less than 10 percent as a result of a project funded using a grant under the Transit Investments for Greenhouse Gas and Energy Reduction program. ``(B) Funds.--The Secretary shall use not less than 10 percent of the funds made available to carry out this section for grants under this paragraph.''. | Expands the urbanized area formula grants program to include public transit projects in urbanized areas with specified population ranges if the state or regional authority that provides public transportation for the area operates less than 100 buses in fixed-route service in the area during peak service hours. Separates population categories by graduated increases of 200,000, starting with between 200,000 and 400,000, and capping at a minimum of 1 million. Establishes certain grant use limits for the operating costs of public transportation equipment and facilities in such projects, beginning with 50% of grant funds for certain activities and declining gradually to 30% for certain other activities. Revises grant eligibility requirements for FY2010-FY2015 for such projects in urbanized areas with a population of at least 200,000. Authorizes the Secretary of Transportation, during FY2010-FY2015, to award an additional grant to a designated recipient for the operating cost of public transportation equipment and facilities under this Act if the recipient: (1) was awarded a grant under the Transit Investments for Greenhouse Gas and Energy Reduction (TIGGER) program; and (2) demonstrates that it has achieved specified energy savings and total greenhouse gas emission reduction as a result of a TIGGER grant project. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Space Leadership Preservation Act of 2015''. SEC. 2. ADMINISTRATOR AND DEPUTY ADMINISTRATOR. Section 20111 of title 51, United States Code, is amended-- (1) in subsection (a)-- (A) by striking ``Administrator.--There is established'' and inserting ``Administrator.-- ``(1) In general.--There is established''; (B) in paragraph (1), as so designated by subparagraph (A) of this paragraph-- (i) by inserting ``, pursuant to paragraph (2),'' after ``who shall be appointed''; and (ii) by inserting ``The Administrator shall serve for a term of 10 years.'' after ``and activities thereof.''; and (C) by adding at the end the following new paragraph: ``(2) Board of directors nominations.--The President shall appoint the Administrator under paragraph (1) from among the list of nominees provided by the Board of Directors pursuant to section 20118(l)(2)(A). The President shall appoint a new Administrator not later than 3 months after the first set of nominees is so provided by the Board of Directors. The sitting Administrator may serve in the position until a new Administrator appointed pursuant to this paragraph is confirmed by the Senate.''; and (2) in subsection (b)-- (A) by striking ``Administrator.--There shall be'' and inserting ``Administrator.-- ``(1) In general.--There shall be''; (B) in paragraph (1), as so designated by subparagraph (A) of this paragraph, by inserting ``, pursuant to paragraph (2),'' after ``who shall be appointed''; and (C) by adding at the end the following new paragraph: ``(2) Board of directors nominations.--The President shall appoint the Deputy Administrator under paragraph (1) from among the list of nominees provided by the Board of Directors pursuant to section 20118(l)(2)(B).''. SEC. 3. BOARD OF DIRECTORS. (a) Establishment.--Subchapter II of chapter 201 of title 51, United States Code, is amended by adding at the end the following new section: ``Sec. 20118. Board of Directors ``(a) Establishment.--There shall be established a Board of Directors for the National Aeronautics and Space Administration in accordance with this section, not later than 9 months after the date of the enactment of the Space Leadership Preservation Act of 2015. ``(b) Membership and Appointment.--The Board shall consist of 11 members to be appointed as follows: ``(1) Three members shall be appointed by the President. ``(2) Three members shall be appointed by the President pro tempore of the Senate. ``(3) One member shall be appointed by the minority leader of the Senate. ``(4) Three members shall be appointed by the Speaker of the House of Representatives. ``(5) One member shall be appointed by the minority leader of the House of Representatives. In addition to the members appointed under paragraphs (1) through (5), the Administrator shall be an ex officio, nonvoting member of the Board. ``(c) Qualifications.--The individuals appointed as members of the Board shall be-- ``(1) former astronauts or scientists or engineers eminent in the fields of human spaceflight, planetary science, space science, Earth science, and aeronautics, or other scientific, engineering, business, and social science disciplines related to space and aeronautics; ``(2) selected on the basis of established records of distinguished service; and ``(3) so selected as to provide representation of the views of engineering, science, and aerospace leaders in all areas of the Nation. ``(d) Limitation on Members.--An individual employed by or representing an organization with which the Administration has a contract is not eligible to serve on the Board, except for scientists employed by or representing not-for-profit colleges and universities and other not-for-profit organizations. A former Board member may not take employment with or represent an organization with which the Administration has a contract, or which is seeking such a contract, for a period of 2 years following completion of service on the Board. ``(e) Terms.--The term of office of each member of the Board shall be 3 years, except that any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term. Any person who has been a member of the Board for 12 consecutive years shall thereafter be ineligible for appointment during the 2-year period following the expiration of such 12th year. ``(f) Travel Expenses.--Each member of the Board 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. ``(g) Meetings.--The Board shall meet quarterly and at such other times as the Chairman may determine, but the Chairman shall also call a meeting whenever one-third of the members so request in writing. The Board shall adopt procedures governing the conduct of its meetings, including delivery of notice and a definition of a quorum, which in no case shall be less than one-half plus one of the members of the Board. ``(h) Chairman and Vice Chairman.--The election of the Chairman and Vice Chairman of the Board shall take place at each first quarter meeting occurring in an even-numbered year. The Vice Chairman shall perform the duties of the Chairman in his absence. In case a vacancy occurs in the chairmanship or vice chairmanship, the Board shall elect a member to fill such vacancy. ``(i) Staff.-- ``(1) In general.--The Chairman may, with the concurrence of a majority of Board members, appoint professional staff, technical and professional personnel on leave of absence from academic, industrial, or research institutions for a limited term, and operations and support staff. The duties of such staff shall be assigned at the direction of the Board as necessary to assist the Board in exercising its powers and functions under this section. ``(2) Competitive service; compensation.--Professional staff and limited-term technical and professional personnel may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and the provisions of chapter 51 of such title relating to classification, and shall be compensated at a rate not exceeding the maximum rate payable under section 5376 of such title. ``(j) Special Commissions.--The Board is authorized to establish such special commissions as it may from time to time deem necessary for the purposes of this section. ``(k) Committees.--The Board is authorized to appoint from among its members such committees as it deems necessary, and to assign to committees so appointed such survey and advisory functions as the Board deems appropriate to assist it in exercising its powers and functions under this section. ``(l) Functions.-- ``(1) Budget proposal.--Not later than November 15 of each year, the Board shall provide to the President, the Committee on Appropriations of the House of Representatives, the Committee on Science, Space, and Technology of the House of Representatives, the Committee on Appropriations of the Senate, and the Committee on Commerce, Science, and Transportation of the Senate, a proposed budget for the National Aeronautics and Space Administration for the next fiscal year. Such budget shall-- ``(A) carry out the purpose described in section 20102(h); ``(B) be based on-- ``(i) the best professional judgment of the Board; ``(ii) recommendations from the scientific, engineering, and other technical experts communities; and ``(iii) the recommendations of the most recent National Research Council decadal surveys; and ``(C) follow such decadal survey's recommended decision rules regarding program implementation, including a strict adherence to the recommendation that the National Aeronautics and Space Administration include in a balanced program a flagship class mission, which may be executed in cooperation with one or more international partners. ``(2) Nominees for administrator, deputy administrator, and chief financial officer.--The Board shall provide to the President-- ``(A) a list of 3 nominees from which the President shall appoint an Administrator pursuant to section 20111(a); ``(B) a list of 3 nominees from which the President shall appoint a Deputy Administrator pursuant to section 20111(b); and ``(C) a list of 3 nominees from which the President shall appoint a Chief Financial Officer pursuant to section 205(a) of the Chief Financial Officers Act (31 U.S.C. 901(a)). The Board shall provide the first set of nominees under this paragraph not later than 15 months after the date of the enactment of the Space Leadership Preservation Act of 2015. ``(3) Reports.-- ``(A) Annual infrastructure, capabilities, and workforce assessment.--The Board shall provide to the President and the Congress annually a report assessing the status of United States spaceflight infrastructure, unique space capabilities, and the availability of qualified United States workers necessary to maintain such infrastructure and capabilities. The assessment shall also identify areas of concern, gaps in capability compared to foreign spaceflight capabilities, and recommendations on how to strengthen or improve United States capabilities and workforce. ``(B) Specific policy matter reports.--The Board shall provide to the President and the Congress reports on specific, individual policy matters within the authority of the Administration (or otherwise as requested by the Congress or the President) related to human spaceflight, planetary science, Earth science, aeronautics, and science, technology, engineering, and mathematics education, as the Board, the President, or the Congress determines the need for such reports. ``(4) Review.--The Board shall provide to the President and the Congress, not later than the later of 180 days after the establishment of the Board or the third quarterly meeting of the Board, and once every 4 years thereafter, a review of current space programs and a vision for future space exploration. ``(5) Removal of administrator for cause.--The Board may provide to the President and the Congress a report recommending the removal of the Administrator for cause. Any such report shall include the reasons for such recommendation. ``(m) Budget Meetings.--Portions of Board meetings in which the Board considers the budget proposal required under subsection (l)(1) for a particular fiscal year may be closed to the public until the Board submits the proposal to the President and the Congress. ``(n) Financial Disclosure.--Members of the Board shall be required to file a financial disclosure report under title I of the Ethics in Government Act of 1978 (5 U.S.C. App. 92 Stat. 1836), except that such reports shall be held confidential and exempt from any law otherwise requiring their public disclosure.''. (b) Table of Sections.--The table of sections for chapter 201 of title 51, United States Code, is amended by adding at the end of the items for subchapter II the following new item: ``20118. Board of Directors.''. SEC. 4. BUDGET PROPOSAL. Section 30103 of title 51, United States Code, is amended by adding at the end the following new subsection: ``(e) Board of Directors Proposal.-- ``(1) Inclusion in president's proposed budget.--The proposed budget for the Administration submitted to the Congress by the President for each fiscal year shall include a description of, and a detailed justification for, any differences between the President's proposed budget and the budget provided by the Board of Directors under section 20118(l)(1). ``(2) Elements of budget proposal.--Subsections (a) through (d) of this section shall apply to the proposed budget provided by the Board of Directors under section 20118(l)(1).''. SEC. 5. LONG-TERM CONTRACTING. (a) Amendments.--Section 20142 of title 51, United States Code, is amended-- (1) in the section heading, by striking ``Contracts regarding expendable launch vehicles'' and inserting ``Long- term contracting''; (2) in subsection (a), by-- (A) striking ``expendable launch vehicle services'' and inserting ``rocket propulsion systems and manned and unmanned space transportation vehicles and payloads, including expendable launch vehicles, and any other infrastructure intended for placement or operation in space or on celestial bodies, and services related thereto,''; and (B) striking ``related to launch'' and inserting ``related to''; and (3) in subsection (b), by striking ``launch services'' and inserting ``the goods and services to have been provided under the contract''. (b) Table of Sections Amendment.--The item relating to section 20142 in the table of sections for chapter 201 of title 51, United States Code, is amended to read as follows: ``20142. Long-term contracting.''. | Space Leadership Preservation Act of 2015 Establishes a 10-year term of office for the Administrator of the National Aeronautics and Space Administration (NASA). Establishes a NASA Board of Directors together with appointment criteria. Requires the President to appoint the Administrator from among a list of nominees provided by the Board, and a Deputy Administrator from among a separate list of Board nominees. Authorizes the Board to establish special commissions as it deems necessary. Requires the Board to provide: (1) NASA's proposed annual budget; (2) annual reports on spaceflight infrastructure, unique space capabilities, and the availability of qualified U.S. workers necessary to maintain such infrastructure and capabilities; (3) reports on specific policy matters; and (4) once every four years a review of current space programs and a vision for future space exploration. Authorizes NASA to enter into contracts for rocket propulsion systems and manned and unmanned space transportation vehicles and payloads. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Savings Through Energy Productivity Act'' or the ``STEP Act''. SEC. 2. DEFINITIONS. In this Act: (1) Eligible utility.--The term ``eligible utility'' means an electric utility that, during any 12-month period beginning on or after January 1, 2000, increased or increases the rates charged to all categories of its customers by a weighted average of 20 percent or more in order to cover increases in the cost of generating or acquiring electricity. (2) Energy productivity project.--The term ``energy productivity project'' means a project to-- (A) construct a facility or install equipment that uses energy-efficient technology in the generation or use of electric energy; or (B) conduct a program, not conducted by the applicant for a grant under section 4 before the date of application for the grant, to increase the productivity of a utility. (3) Fund.--The term ``Fund'' means the STEP Fund established by section 4. (4) Secretary.--The term ``Secretary'' means the Secretary of Energy. (5) Utility.--The term ``utility'' means an electric utility (as defined in section 3 of the Federal Power Act (16 U.S.C. 796)) that is subject to regulation by a State commission (as defined in that section). SEC. 3. IMMEDIATE ELECTRIC ENERGY COST RELIEF FOR CONSUMERS THAT REDUCE ENERGY CONSUMPTION. (a) In General.--The Secretary shall establish a program, to be known as the ``STEP Emergency Rebate Program'', under which the Secretary makes grants to eligible utilities to pay the costs of providing rebates or credits against the amounts of electric bills of customers that reduce the amount of electric energy consumed by the customer. (b) Credits for Reduction of Electric Energy Consumption.-- (1) In general.--To receive a grant under subsection (a), an eligible utility shall agree to provide its customers rebates and credits as provided in this subsection. (2) First period of qualification.--During the first 12- month period in which a utility customer qualifies for rebates or credits under this section, the customer shall be entitled to a rebate of a portion of the amount of an electric bill paid, or a credit against the amount of an electric bill, for each billing period, in an amount that is proportionate to the percentage by which the amount of electric energy consumed by the customer during the billing period is less than the amount consumed during the equivalent billing period in the preceding year (referred to in this section as the ``base billing period''). (3) Second period of qualification.--During the second 12- month period in which a utility customer qualifies for rebates or credits under this section, the customer shall be entitled to a rebate of a portion of the amount of an electric bill paid, or a credit against the amount of an electric bill, for each billing period, in an amount that is proportionate to the percentage by which the amount of electric energy consumed by the customer during the billing period is less than the amount consumed during the base billing period. (4) New customers.--In the case of a customer to which an eligible utility has sold electric energy for less than a year, the proportion by which the customer shall be considered to have reduced electric energy consumption during a month shall be determined by comparing the amount of electric energy consumed by the customer during the month against a local area baseline determined in accordance with regulations promulgated by the Secretary. (5) Percentage reduction.-- (A) Limitation.--A utility customer shall be entitled to a rebate or credit only to the extent that the percentage described in paragraph (3) or (4) is between 5.0 percent and 20.0 percent, inclusive. (B) Rounding.--For the purposes of determining the amount of a rebate or credit, a described in paragraph (3) or (4) shall be rounded to the nearest tenth of a percent. (c) Action by the Secretary.-- (1) Expeditious relief.--In order to provide energy cost relief to consumers as expeditiously as possible, the Secretary shall act on an application for a grant under subsection (a) within 30 days after receiving the application. (2) Failure to act.--If the Secretary fails to act on an application for a grant within 30 days after receiving the application, the application shall be deemed to be granted. (3) Denial of application.--If the Secretary denies an application, the Secretary shall include in the denial-- (A) a detailed statement of the reasons for the denial; and (B) a description any action that the applicant may make to obtain approval of the application. (d) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated such sums as are necessary to carry out this section for fiscal years 2002 and 2003. (2) Administrative expenses.--The Secretary shall use not more than 5 percent of the amount made available to carry out this section for a fiscal year to pay administrative expenses. (e) Cessation of Effectiveness.-- (1) In general.--This section ceases to be in effect on October 1, 2003. (2) Transfer to the fund.--Any balance of the amounts made available to carry out this section that remain unexpended on September 30, 2003, shall be transferred to the Fund. SEC. 4. STEP FUND. (a) Establishment.--There is established in the Treasury of the United States a revolving fund to be known as the ``STEP Fund'', consisting of-- (1) amounts appropriated to the Fund under subsection (f); (2) amounts of loans repaid to the Fund under subsection (b)(2)(B); (3) amounts of interest earned on investment of amounts in the Fund under subsection (c); and (4) amounts transferred to the Fund under section 3(e)(2). (b) Loan program.-- (1) In general.--The Secretary shall establish a program under which the Secretary, using amounts in the Fund, makes loans to utilities and nonprofit organizations, at no interest, to pay up to 100 percent of the cost of an energy productivity project. (2) Repayment.-- (A) Schedule.--The Secretary shall require repayment of a loan on a schedule that takes into account the length of time that will be required for the amount of savings that is expected to be realized from an energy productivity project to equal the cost of the energy productivity project. (B) Deposit in fund.--The Secretary shall deposit amounts received in repayment of a loan in the Fund. (c) Investment of Amounts.-- (1) In general.--The Secretary of the Treasury shall invest such portion of the Fund as is not, in the judgment of the Secretary of the Treasury, required to meet current withdrawals. Investments may be made only in interest-bearing obligations of the United States. (2) Acquisition of obligations.--For the purpose of investments under paragraph (1), obligations may be acquired-- (A) on original issue at the issue price; or (B) by purchase of outstanding obligations at the market price. (3) Sale of obligations.--Any obligation acquired by the Fund may be sold by the Secretary of the Treasury at the market price. (4) Credits to fund.--The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund. (d) Availability.--Amounts in the Fund shall be available to the Secretary, without further appropriation, to make loans under subsection (b). (e) Reports.--Not later than 1 year after the date on which a utility or nonprofit organization receives a loan under this section, and annually thereafter until such date as the loan is repaid in full, the loan recipient shall submit to the Secretary of Energy a report that describes-- (1) any electricity savings or peak demand reductions resulting from the implementation of activities carried out using loan funds; and (2) an estimate of the annual cost-effectiveness of all programs carried out by the loan recipient in the year for which the report is submitted. (f) Authorization of Appropriations.--There are authorized to be appropriated to the Fund such sums as are necessary to carry out this section. (g) Cessation of Effectiveness.--This section ceases to be in effect on the date that is 10 years after the date of enactment of this Act. | Savings Through Energy Productivity Act, or the STEP Act - Directs the Secretary of Energy to establish the STEP Emergency Rebate Program (STEP), under which the Secretary makes grants to eligible utilities to pay the costs of providing rebates or credits against the amounts of electric bills of customers that reduce the amount of electric energy consumed.Establishes the STEP Fund in the Treasury. Instructs the Secretary to establish a program making no-interest loans to utilities and nonprofit organizations to pay up to 100 percent of the cost of an energy productivity project. Requires an annual accounting by loan recipients. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Opioid Overdose Reduction Act of 2015''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Overdoses from opioids have increased dramatically in the United States. (2) Deaths from drug overdose, largely from prescription pain relievers, have tripled among men and increased fivefold among women over the past decade. (3) Nationwide, drug overdoses now claim more lives than car accidents. (4) Overdose deaths from heroin and other opioids can be prevented if the person who overdosed is timely administered an opioid overdose drug. (5) Medical personnel as well as non-medical personnel can be trained to administer opioid overdose drugs safely and effectively. (6) On April 13, 2014, the Food and Drug Administration approved a prescription opioid overdose drug hand held auto- injector for use by family members and caregivers to treat a person known or suspected to have had an opioid overdose. (7) Several States, including Massachusetts, have established programs allowing for the administration of opioid overdose drugs by non-medical personnel, and those programs have saved lives. (8) The willingness of medical and non-medical personnel to administer opioid overdose drugs may be deterred by potential civil liability, and the willingness of physicians to prescribe opioid overdose drugs to persons other than a patient may also be deterred by potential civil liability. (b) Purpose.--The purpose of this Act is to save the lives of people who intentionally or inadvertently overdose on heroin or other opioids by providing certain protections from civil liability with respect to the emergency administration of opioid overdose drugs. SEC. 3. DEFINITIONS. In this Act-- (1) the term ``health care professional'' means a person licensed by a State to prescribe prescription drugs; (2) the term ``opioid overdose drug'' means a drug that, when administered, reverses in whole or part the pharmacological effects of an opioid overdose in the human body; and (3) the term ``opioid overdose program'' means a program operated by a local health department, community-based organization, substance abuse treatment organization, law enforcement agency, fire department, other first responder department, or voluntary association or a program funded by a Federal, State, or local government that works to prevent opioid overdoses by in part providing opioid overdose drugs and education to individuals at risk of experiencing an opioid overdose or to an individual in a position to assist another individual at risk of experiencing an opioid overdose. SEC. 4. PREEMPTION AND ELECTION OF STATE NONAPPLICABILITY. (a) Preemption.--Except as provided in subsection (b), this Act preempts the law of a State to the extent that such law is inconsistent with this Act, except that this Act shall not preempt any State law that provides additional protection from liability relating to the administration of opioid overdose drugs or that shields from liability any person who provides or administers opioid overdose drugs. (b) Election of State Regarding Nonapplicability.--Sections 5, 6, and 7 shall not apply to any civil action in a State court against a person who administers opioid overdose drugs if-- (1) all parties to the civil action are citizens of the State in which such action is brought; and (2) the State enacts legislation in accordance with State requirements for enacting legislation-- (A) citing the authority of this subsection; (B) declaring the election of the State that such sections 5, 6, and 7 shall not apply, as of a date certain, to any civil actions covered by this Act; and (C) containing no other provisions. SEC. 5. LIMITATION ON CIVIL LIABILITY FOR HEALTH CARE PROFESSIONALS WHO PROVIDE OPIOID OVERDOSE DRUGS. (a) Limitation on Liability.-- (1) In general.--Notwithstanding any other provision of law, a health care professional who prescribes or provides an opioid overdose drug to an individual at risk of experiencing an opioid overdose, or who prescribed or provided an opioid overdose drug to a family member, friend, or other individual in a position to assist an individual at risk of experiencing an opioid overdose, shall not be liable for harm caused by the use of the opioid overdose drug if the individual to whom such drug is prescribed or provided has been educated in accordance with paragraph (2) about opioid overdose prevention and treatment by the health care professional or as part of an opioid overdose program. (2) Education requirements.--For purposes of paragraph (1), an individual who has been educated in accordance with this paragraph shall have been trained on-- (A) when to administer the opioid overdose drug; (B) how to administer the opioid overdose drug; and (C) the steps that need to be taken after administration of the opioid overdose drug. (b) Exception.--Subsection (a) shall not apply to a health care professional if the harm was caused by the gross negligence or reckless misconduct of the health care professional. SEC. 6. LIMITATION ON CIVIL LIABILITY FOR INDIVIDUALS WORKING FOR OR VOLUNTEERING AT A STATE OR LOCAL AGENCY OPIOID OVERDOSE PROGRAM. (a) In General.--Notwithstanding any other provision of law, except as provided in subsection (b), no individual who provides an opioid overdose drug shall be liable for harm caused by the emergency administration of an opioid overdose drug by another individual if the individual who provides such drug-- (1) works for or volunteers at an opioid overdose program; and (2) provides the opioid overdose drug as part of the opioid overdose program to an individual authorized by the program to receive an opioid overdose drug. (b) Exception.--Subsection (a) shall not apply if the harm was caused by the gross negligence or reckless misconduct of the individual who provides the drug. SEC. 7. LIMITATION ON CIVIL LIABILITY FOR INDIVIDUALS WHO ADMINISTER OPIOID OVERDOSE DRUGS. (a) In General.--Notwithstanding any other provision of law, except as provided in subsection (b), no individual shall be liable for harm caused by the emergency administration of an opioid overdose drug to an individual who has or reasonably appears to have suffered an overdose from heroin or other opioid, if-- (1) the individual who administers the opioid overdose drug-- (A) obtained the drug from a health care professional or as part of an opioid overdose program; or (B) is doing so pursuant to a prescription for an opioid overdose drug under section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) or is licensed under section 351 of the Public Health Service Act (42 U.S.C. 262); and (2) was educated in accordance with section 5(a)(2) by the health care professional or an opioid overdose program. (b) Exception.--Subsection (a) shall not apply to an individual if the harm was caused by the gross negligence or reckless misconduct of the individual who administers the drug. | Opioid Overdose Reduction Act of 2015 This bill exempts individuals from liability for harm caused by the emergency administration of an opioid overdose drug under certain circumstances. (An opioid is a drug with effects similar to opium, such as heroin.) The individuals exempted from liability are: a health care professional who prescribes or provides an opioid overdose drug to an individual at risk of experiencing an opioid overdose or to another individual in a position to assist the individual, if the individual has been educated about opioid overdose prevention and treatment by the health care professional or as part of a government opioid overdose program; an individual who provides an opioid overdose drug for emergency administration to another individual authorized to receive it as part of an opioid overdose program; and an individual who administers an opioid overdose drug to another individual who appears to have suffered an opioid overdose if the individual obtained the drug from a health care professional or as part of an opioid overdose program and was educated by the professional or program in the proper administration of the drug. These exemptions are inapplicable if the harm was caused by gross negligence or reckless misconduct. States can preempt these exemptions by providing additional protections from liability for individuals that administer opioid overdose drugs, or by enacting legislation making the Act not applicable to state civil action involving only citizens from that state. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Water Heater Rating Improvement Act of 2009''. SEC. 2. UNIFORM EFFICIENCY DESCRIPTOR FOR COVERED WATER HEATERS. Section 325(e) of the Energy Policy and Conservation Act (42 U.S.C. 6295(e)) is amended by adding at the end the following: ``(5) Uniform efficiency descriptor for covered water heaters.-- ``(A) Definitions.--In this paragraph: ``(i) Covered water heater.--The term `covered water heater' means-- ``(I) a water heater; and ``(II) a storage water heater, instantaneous water heater, and unfired water storage tank (as defined in section 340). ``(ii) Final rule.--The term `final rule' means the final rule published under this paragraph. ``(B) Publication of final rule.--Except as otherwise provided in this paragraph, the Secretary shall publish a final rule that establishes a uniform efficiency descriptor and accompanying test methods for covered water heaters-- ``(i) if the date of enactment of this paragraph is on or before March 31, 2010, not later than 270 days after that date; or ``(ii) if the date of enactment of this paragraph is after March 31, 2010, not later than 180 days after that date. ``(C) Purpose.--The purpose of the final rule shall be to replace with a uniform efficiency descriptor-- ``(i) the energy factor descriptor for water heaters established under this subsection; and ``(ii) the thermal efficiency and standby loss descriptors for storage water heaters, instantaneous water heaters, and unfired water storage tanks established under section 342(a)(5). ``(D) Effect of final rule.-- ``(i) In general.--Notwithstanding any other provision of this title, effective beginning on the effective date of the final rule, the efficiency standard for covered water heaters shall be the efficiency descriptor established by the final rule. ``(ii) Effective date.--The final rule shall take effect 1 year after the date of publication of the final rule under subparagraph (B). ``(E) Conversion factor.-- ``(i) In general.--The Secretary shall develop a mathematical conversion factor for converting the measurement of efficiency for covered water heaters from the test procedures in effect on the date of enactment of this paragraph to the new energy descriptor established under the final rule. ``(ii) Application.--The conversion factor shall apply to models of covered water heaters affected by the final rule and tested prior to the effective date of the final rule. ``(iii) Effect on efficiency requirements.--The conversion factor shall not affect the minimum efficiency requirements for covered water heaters otherwise established under this title. ``(iv) Use.--During the period described in clause (v), a manufacturer may apply the conversion factor established by the Secretary to rerate existing models of covered water heaters that are in existence prior to the effective date of the rule described in clause (v)(II) to comply with the new efficiency descriptor. ``(v) Period.--Subclause (I) shall apply during the period-- ``(I) beginning on the date of establishment of the conversion factor; and ``(II) ending on the effective date of the rule which is to be published by the Secretary not later than March 31, 2010, with respect to covered water heaters (as required by the consent decree filed on November 6, 2006, in the United Stated District Court for the Southern District of New York in consolidated civil actions by plaintiffs against Samuel W. Bodman as Secretary of Energy). ``(F) Exclusions.--The final rule may exclude a specific category of covered water heaters from the uniform efficiency descriptor established under this paragraph if the Secretary determines that the category of water heaters-- ``(i) does not have a residential use and can be clearly described in the final rule; and ``(ii) are effectively rated using the thermal efficiency and standby loss descriptors applied (as of the date of enactment of this paragraph) to the category under section 342(a)(5). ``(G) Options.--The descriptor set by the final rule may be-- ``(i) a revised version of the energy factor descriptor in use as of the date of enactment of this paragraph; ``(ii) the thermal efficiency and standby loss descriptors in use as of that date; ``(iii) a revised version of the thermal efficiency and standby loss descriptors; ``(iv) a hybrid of descriptors; or ``(v) a new approach. ``(H) Application.--The efficiency descriptor and accompanying test method established under the final rule shall apply, to the maximum extent practicable, to all water heating technologies in use as of the date of enactment of this paragraph and to future water heating technologies. ``(I) Participation.--The Secretary shall invite interested stakeholders to participate in the rulemaking process used to establish the final rule. ``(J) Testing of alternative descriptors.--In establishing the final rule, the Secretary shall contract with the National Institute of Standards and Technology, as necessary, to conduct testing and simulation of alternative descriptors identified for consideration. ``(K) Existing covered water heaters.--A covered water heater shall be considered to comply with the final rule on and after the effective date of the final rule and with any revised labeling requirements established by the Federal Trade Commission to carry out the final rule if the covered water heater-- ``(i) was manufactured prior to the effective date of the final rule; and ``(ii) complied with the efficiency standards and labeling requirements in effect prior to the final rule.''. | Water Heater Rating Improvement Act of 2009 - Amends the Energy Policy and Conservation Act to require the Secretary of Energy to publish a rule that establishes a uniform efficiency descriptor and accompanying test methods for water heaters, storage water heaters, instantaneous water heaters, and unfired water storage tanks (covered heaters). Requires: (1) the efficiency descriptor and accompanying test method to apply to all water heating technologies in use and to future water heating technologies; and (2) the efficiency descriptor to be the efficiency standard for covered heaters. Sets forth provisions concerning a mathematical conversion factor for converting the measurement of efficiency for covered heaters from the test procedures in effect on the date of enactment of this Act to the new energy descriptor. Authorizes the rule to exclude a specific category of covered water heaters from the uniform efficiency descriptor if the category of water heaters: (1) does not have a residential use and can be clearly described; and (2) are rated effectively using the thermal efficiency and standby loss descriptors applied to the category. Requires the Secretary, in establishing the rule, to contract with the National Institute of Standards and Technology to conduct testing and simulation of alternative descriptors identified for consideration. Considers a covered water heater to be in compliance with the rule and with any revised labeling requirements established by the Federal Trade Commission (FTC) to implement the rule if the covered water heater: (1) was manufactured prior to the effective date of the rule; and (2) complied with the efficiency standards and labeling requirements in effect prior to the rule. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Lessening Regulatory Costs and Establishing a Federal Regulatory Budget 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. Sense of Congress; purpose. Sec. 3. Regulatory reform officers. Sec. 4. Regulatory reform task forces. Sec. 5. Accountability. Sec. 6. Regulatory cap. Sec. 7. Annual regulatory cost submission to the Office of Management and Budget. Sec. 8. Waiver. Sec. 9. Definitions. SEC. 2. SENSE OF CONGRESS; PURPOSE. (a) Sense of Congress.--It is the sense of Congress that the Federal Government should be prudent and financially responsible in the expenditure of funds, from both public and private sources. In addition to the management of the direct expenditure of taxpayer dollars through the budgeting process, it is essential to manage the costs associated with the governmental imposition of private expenditures required to comply with Federal regulations. (b) Purpose.--The purpose of this Act is-- (1) to remove unnecessary and outdated regulations when a new significant regulation is issued; and (2) to prudently manage and control the cost of planned regulations through an annual budgeting process. SEC. 3. REGULATORY REFORM OFFICERS. (a) In General.--Except as provided for under section 8, not later than 60 days after the date of the enactment of this Act, the head of each agency shall designate an employee or officer of the agency as the Regulatory Reform Officer (in this Act referred to as the ``agency RRO''). Each RRO shall oversee the implementation of regulatory reform initiatives and policies for the agency to ensure that the agency effectively carries out regulatory reforms, consistent with applicable law. These initiatives and policies include the following: (1) Executive Order 13771 (82 Fed. Reg. 9339; relating to reducing regulation and controlling regulatory costs), regarding offsetting the number and cost of new regulations. (2) Executive Order 12866 (5 U.S.C. 601 note; relating to regulatory planning and review), regarding regulatory planning and review. (3) Executive Order 13563 (5 U.S.C. 601 note; relating to improving regulation and regulatory review), regarding retrospective review. (4) The termination, consistent with applicable law, of programs and activities that derive from or implement Executive orders, guidance documents, policy memoranda, rule interpretations, and similar documents, or relevant portions thereof, that have been repealed or rescinded. (b) Consultation Required.--Each agency RRO shall periodically report to the head of the agency and regularly consult with agency leadership. SEC. 4. REGULATORY REFORM TASK FORCES. (a) In General.--The head of each agency shall establish a Regulatory Reform Task Force composed of the following: (1) The agency RRO. (2) The agency Regulatory Policy Officer designated under section 6(a)(2) of Executive Order 12866. (3) A representative from the agency's central policy office or equivalent central office. (4) For each agency listed in section 901(b)(1) of title 31, United States Code, at least three additional senior agency officials involved in the development of rulemaking at the agency as determined by the head of the agency. (b) Chair.--Unless otherwise designated by the head of the agency, the agency RRO shall chair the Regulatory Reform Task Force of the agency. (c) Joint Task Forces.--Each Federal regulatory entity staffed by officials of multiple agencies, such as the Chief Acquisition Officers Council, shall form a joint regulatory reform task force composed of at least one official described in subsection (a) from each constituent agency's Regulatory Reform Task Force. Joint regulatory reform task forces shall implement this Act in coordination with the regulatory reform task forces of their members' respective agencies. (d) Tasks.--Each Regulatory Reform Task Force shall evaluate existing regulations and make recommendations to the head of the agency regarding repeal, replacement, or amendment, consistent with applicable law. The task force shall complete a review of each regulation issued by the agency not later than 5 years after the establishment of the task force. For each regulation reviewed, the task force shall estimate the cost savings that would be achieved if the agency followed the recommendation from the task force. Each regulatory reform task force shall identify regulations that-- (1) eliminate jobs or inhibit job creation; (2) are outdated, unnecessary, or ineffective; (3) impose costs that exceed benefits; (4) create a serious inconsistency or otherwise interfere with regulatory reform initiatives and policies; (5) are inconsistent with the requirements of section 515 of the Treasury and General Government Appropriations Act, 2001 (Public Law 106-554; 44 U.S.C. 3516 note), or the guidance issued pursuant to that section, including any rule that relies in whole or in part on data, information, or methods that are not publicly available or that are insufficiently transparent to meet the standard for reproducibility; or (6) were made pursuant to or to implement Executive orders or other Presidential directives that have been subsequently rescinded or substantially modified. (e) Consultation With Stakeholders.--In performing the evaluation described in subsection (d), each Regulatory Reform Task Force shall seek input and other assistance, from entities significantly affected by Federal regulations, including State, local, and Tribal governments, small businesses, consumers, non-governmental organizations, and trade associations. In the discretion of the task force, the task force may incorporate specific suggestions from stakeholders in the list of rules to be repealed. (f) Report.--Not later than 90 days after the date of the enactment of this Act, and not later than April 1 of each year thereafter, each Regulatory Reform Rask Force shall submit to the head of the agency a report (which shall be posted by such head on a publicly accessible website) on the following: (1) A description of any improvement made toward implementation of regulatory reform initiatives and policies described under section 3(a). (2) For each regulation reviewed by the task force, a detailed description of the review. (3) An inventory of each regulation the task force recommends the agency consider for repeal, replacement, or modifications. SEC. 5. ACCOUNTABILITY. (a) Incorporation in Performance Plans.-- (1) In general.--Each agency listed in section 901(b)(1) of title 31, United States Code, shall incorporate in the annual performance plan of the agency (required under section 1115(b) of title 31, United States Code) performance indicators that measure progress implementing this Act. (2) OMB guidance.--Not later than 60 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall issue guidance regarding the implementation of this subsection. (b) Performance Assessment.--The head of each agency shall consider the progress implementing this Act in assessing the performance of the Regulatory Reform Task Force of the agency and those individuals responsible for developing and issuing agency rules. SEC. 6. REGULATORY CAP. (a) Identification of Rules.--During fiscal year 2018, before an agency may publish a notice of proposed rulemaking under section 553(b) of title 5, United States Code, for a significant regulatory action or otherwise publicly propose promulgating a significant regulatory action, the head of the agency, in consultation with the Regulatory Reform Task Force of the agency, shall identify not less than 2 regulatory actions issued by the agency that are appropriate for repeal. In identifying regulatory actions for repeal, the head of each agency shall prioritize those regulatory actions that the Regulatory Reform Task Force of the agency identified under section (4)(d)(2). For each regulatory action identified, the head of the agency must confirm that the agency can continue to achieve regulatory objectives (such as health or environmental protection) if the identified regulatory actions were to be repealed. (b) Total Incremental Cost for 2018.--For fiscal year 2018, the total incremental cost of all new significant regulatory actions at each agency and any repealed regulatory action, to be finalized in fiscal year 2018 shall be no greater than zero, or consistent with a waiver provided by the Director of the Office of Management and Budget. (c) Offset of New Incremental Costs.--Any new incremental cost associated with a new significant regulatory action shall be offset by the elimination of existing costs associated with at least two prior regulatory actions. To the extent feasible, the two prior regulatory actions shall be eliminated before or on the same schedule as the new significant regulatory action. Any savings of the two eliminated regulatory actions shall offset the costs of the new significant regulatory action. (d) Guidance by OMB.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the Director shall establish and issue guidance on how to comply with the requirements of this section. Such guidance shall include the following: (A) A process for standardizing the measurement and estimation of regulatory costs. (B) Standards for determining what qualifies as new and offsetting regulatory actions. (C) Standards for determining the costs of existing regulatory actions that are considered for elimination. (D) A process for accounting for costs in different fiscal years. (E) Methods to oversee the issuance of significant regulatory actions with costs offset by savings at different times or different agencies. (F) Emergencies and other circumstances that might justify individual waivers of the requirements of this section. (2) Update to guidance.--The Director shall update the guidance issued pursuant to this section as necessary. SEC. 7. ANNUAL REGULATORY COST SUBMISSION TO THE OFFICE OF MANAGEMENT AND BUDGET. (a) Annual Regulatory Plan.--The head of each agency shall submit an annual regulatory plan to the Director, which shall include a list of the following: (1) Each new regulation to be finalized or proposed by the agency during that fiscal year. (2) The incremental cost associated with each regulation to be proposed or finalized by the agency during that fiscal year. (3) For each significant regulatory action to be proposed or finalized by the agency during that fiscal year-- (A) any regulatory action identified for repeal to offset the incremental cost of such significant regulatory action pursuant to section 4(c); (B) the agency's best approximation of the total cost or savings associated with new significant regulatory action and regulatory actions recommended for repeal under section 4; and (C) any estimate of the economic effects of the significant regulatory action, including any estimate of the net effect that such action will have on the number of jobs in the United States, that was considered in drafting the action, or, if such estimate is not available, a statement affirming that no information on the economic effects, including the effect on the number of jobs, of the action has been considered. (b) Regulations Approved by the Director.--Each regulation approved by the Director during the Presidential budget process shall be included in the Unified Regulatory Agenda required under Executive Order 12866, any successor thereto, or other similar order or directive. (c) No Significant Regulatory Action To Be Made Unless Included in Unified Regulatory Agenda.--Unless otherwise required by law, a significant regulatory action may not be issued by an agency if it was not included on the most recent version or update of the published Unified Regulatory Agenda as required under Executive Order 12866, any successor thereto, or other similar order or directive, unless the issuance of such significant regulatory action was approved in advance in writing by the Director. The Director's written approval shall be made publicly available online. (d) Incremental Cost Allowance.--During the Presidential budget process, the Director shall set a net amount of incremental costs allowed for each agency in issuing new significant regulatory actions and repealing regulatory actions for the next fiscal year. If the Director does not set a net amount of incremental costs allowed for an agency, the net incremental cost allowed shall be zero. No significant regulatory actions exceeding the agency's total incremental cost allowance may be made in that fiscal year, unless required by law or approved in writing by the Director. If an agency does not exhaust all the incremental cost allowance for a fiscal year, that remaining balance may be included in the incremental allowance for the subsequent fiscal year, in addition to the allowance otherwise available for the subsequent fiscal year. An agency's net incremental cost allowance may-- (1) require an increase, decrease, or no change to the total regulatory costs; (2) include any existing regulatory action that imposes costs and the repeal or revision of which will produce verified savings; and (3) include meaningful burden reduction through the repeal or streamlining of mandatory reporting, recordkeeping, or disclosure requirements. (e) Guidance.--Not later than 90 days after the date of the enactment of this Act, the Director shall provide the heads of each agency with additional guidance on the implementation of the requirements in this section, including a reasonable standard or methodology for estimating the reduction in incremental cost achieved by repealing a regulatory action. SEC. 8. WAIVER. Upon the request of an agency head, the Director of the Office of Management and Budget may waive the requirements of section 3 or 4, or both, if the Director determines that the agency generally issues very few or no rules. The Director may revoke such a waiver at any time. The Director shall maintain a publicly available list of each agency that is operating under a waiver issued under this section. A waiver is not in effect unless it is available on the publicly available list. SEC. 9. DEFINITIONS. In this Act: (1) Agency.--The term ``agency'' has the meaning given that term in section 551 of title 5, United States Code. (2) Costs.--The term ``costs'' means opportunity cost to society. (3) Director.--The term ``Director'' means the Director of the Office of Management and Budget. (4) Incremental cost.--The term ``incremental cost'' means, in the case of a rule, the difference between the direct incremental economic benefit to business and the direct incremental economic cost to business. (5) Regulation; rule.--The term ``regulation'' or ``rule'' has the meaning given the term ``rule'' in section 551 of title 5, United States Code. (6) Regulatory action; significant regulatory action.--The terms ``regulatory action'' and ``significant regulatory action'' have the meaning given those terms in Executive Order 12866. | Lessening Regulatory Costs and Establishing a Federal Regulatory Budget Act of 2017 This bill requires federal agencies to: (1) designate regulatory reform officers to oversee reduction, cost control, planning, review, and termination of regulatory programs; and (2) establish task forces to recommend, within a five-year period, the repeal or amendment of regulations that eliminate or inhibit jobs, impose costs exceeding benefits, create inconsistency, interfere with regulatory reform, are inconsistent with Paperwork Reduction Act guidelines, were made to implement executive orders or presidential directives subsequently rescinded or modified, or are outdated, unnecessary, or ineffective. Any new incremental cost of a new significant regulatory action must be offset by the elimination of existing costs associated with at least two prior regulatory actions. The Office of Management and Budget (OMB) must set a net amount of incremental costs allowed for each agency in issuing new significant regulatory actions and repealing regulatory actions for the each fiscal year. If an agency does not exhaust all the incremental cost allowance for a fiscal year, that remaining balance may be included in the incremental allowance for the subsequent fiscal year. Before proposing a significant regulatory action during FY2018, an agency must identify at least two regulatory actions for repeal. Total incremental cost of all such new significant regulatory actions and any repealed regulatory action must be: (1) no greater than zero, or (2) consistent with an OMB waiver. Agencies must submit an annual regulatory plan to the OMB about: (1) the costs of proposed or finalized regulations, and (2) the economic effects and the net effect on jobs considered when drafting significant regulatory actions. The bill prohibits issuance of a significant regulatory action if it was not included in the most recent version of the published unified agenda of regulations under development or review, unless it was approved by the OMB. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Teacher Victims' Family Assistance Act of 2002''. SEC. 2. TEACHER VICTIM FAMILY ASSISTANCE. The Secretary of Education shall provide to each applicable recipient the following amounts and forms of assistance: (1) Funeral assistance.--A payment of up to $1,500 to the surviving spouse, dependent child, or other next of kin, as determined by the Secretary, to assist with any funeral expenses of the victim. (2) Death benefit.--A payment of $75,000 to the surviving spouse, dependent child, or other next of kin, as determined by the Secretary. (3) Living assistance.--Beginning one year after the date of death of the victim, a payment of-- (A) $900 per month to the surviving spouse, until the earlier of the spouse's death or remarriage; and (B) $225 per month to each dependent child, until reaching the age of 18 years. (4) Dependent undergraduate education assistance.-- (A) In general.--For each dependent child enrolled or accepted for enrollment in a part-time or full-time program of undergraduate instruction at an institution of higher education, an annual amount not to exceed the lesser of $7,500 or half the total annual cost of attendance at such institution. (B) Relation to other assistance.--Assistance provided under this paragraph shall not be considered for the purpose of awarding Federal assistance under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), except that in no case shall the sum of the total amount of student financial assistance awarded to a dependent child under such title and the amount of assistance provided under this paragraph exceed the child's total cost of attendance. (C) Duration of assistance.--A dependent child may receive assistance under this paragraph for not more than a total of 5 years. (D) Good standing required.--The dependent child must maintain good standing at the institution in order to receive assistance under this paragraph. (E) Effect of parental death or remarriage.--The death or remarriage of the surviving spouse does not affect a dependent child's eligibility for assistance under this paragraph. SEC. 3. TAX PROVISIONS RELATING TO ELEMENTARY OR SECONDARY SCHOOL STAFF MEMBERS KILLED IN AN ACT OF VIOLENCE WHILE PERFORMING SCHOOL DUTIES. (a) Teacher's Wages in Year of Death Excluded From Income.-- (1) In general.--Part II of subchapter J of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 693. INCOME TAXES OF ELEMENTARY OR SECONDARY SCHOOL STAFF MEMBERS KILLED IN AN ACT OF VIOLENCE WHILE PERFORMING SCHOOL DUTIES. ``In the case of any individual who is a victim (as defined by section 2(f)(1) of the Teacher Victims' Family Assistance Act of 2002), any tax imposed by this subtitle on any amount received by such individual by reason of school employment shall not apply with respect to the taxable year in which falls the date of death of the individual.''. (2) Clerical amendment.--The table of sections for part II of subchapter J of chapter 1 of such Code is amended by inserting at the end the following new item: ``Sec. 693. Income taxes of elementary or secondary school staff members killed in an act of violence while performing school duties.''. (b) Exclusion of Teacher Victim Family Assistance.-- (1) In general.--Part III of subchapter B of chapter 1 of such Code (relating to items specifically excluded from gross income) is amended by redesignating section 139 as section 139A and by inserting after section 138 the following new section: ``SEC. 139. TEACHER VICTIM FAMILY ASSISTANCE. ``In the case of an individual, gross income does not include any amount received in a taxable year under section 2 of the Teacher Victims' Family Assistance Act of 2002.''. (2) Clerical amendment.--The table of sections for such part is amended by striking the last item and inserting the following new items: ``Sec. 139. Teacher victim family assistance. ``Sec. 139A. Cross references to other Acts.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000. SEC. 4. ENTITLEMENT TO MEDICARE BENEFITS. (a) Basic Medicare Health Benefits.--The surviving spouse and each dependent child of a victim may elect to be deemed to be entitled to hospital insurance benefits under part A of the Social Security Act (42 U.S.C. 1395c) et seq. and to be enrolled under part B of such Act (42 U.S.C. 1395j) for supplementary medical insurance benefits under the medicare program. (b) Medigap Benefits.--A surviving spouse and dependent child referred to in subsection (a) may enroll under a medicare supplemental policy under section 1882 of the Social Security Act (42 U.S.C. 1395ss) in the same manner and under the same terms and conditions as apply to individuals who first become entitled to benefits under part A of title XVIII of such Act, or enrolled under part B of such title. (c) Period of Entitlement.--Each surviving spouse and dependent child making an election under subsection (a) shall be so entitled and enrolled for the period that begins on the date of election and ends on-- (1) in the case of a surviving spouse, the date on which the surviving spouse remarries; and (2) in the case of an individual who is a dependent child, the date on which the individual attains 25 years of age. (d) Administration of Provision.--The Secretary of Health and Human Services shall take such steps as are necessary to implement the provisions of this section, and provide for appropriate enrollment periods under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq.) to carry out the provisions of this section. SEC. 5. ASSISTANCE SUPPLEMENTS, NOT SUPPLANTS OTHER BENEFITS. No assistance provided under this Act may supplant any benefit or other compensation paid or payable to the surviving spouse, dependent child, or other next of kin of the victim by the victim's employer, school, school district, or local or State government, or by any insurance coverage of the victim. SEC. 6. DEFINITIONS. In this Act: (1) The term ``victim'' means a teacher, administrator, employee, or paid or unpaid staff member of a public or private elementary or secondary school in the United States who was killed as a result of an act of violence committed by another person while performing school duties. (2) The term ``surviving spouse'' means the spouse of the victim, as determined under applicable State law, at the time of the victim's death. (3) The term ``dependent child'' means a son or daughter of the victim (whether natural or adopted) who is under 25 years old. (4) The term ``institution of higher education'' has the meaning given that term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (5) The term ``cost of attendance'' has the meaning give that term in section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll). (6) The term ``Secretary'' means the Secretary of Education. | Teacher Victims' Family Assistance Act of 2002 - Directs the Secretary of Education to provide assistance to the immediate families of teachers or other school employees who are killed by an another person's violent act during their performance of duties for a public or private elementary or secondary school (teacher-victims).Includes among such assistance: (1) funeral assistance; (2) a death benefit payment to the surviving spouse, dependent child, or other next of kin; (3) monthly living assistance for the surviving spouse until death or remarriage and for each dependent child until age18; and (4) undergraduate education assistance for each dependent child for five years or until age 25.Amends the Internal Revenue Code to exclude from income: (1) a teacher-victim's wages in the year of death; and (2) teacher victim family assistance under this Act in any taxable year.Directs the Secretary of Health and Human Services to allow a teacher-victim's surviving spouse until remarriage, and each dependent child up to age 25, to elect to be deemed to be entitled to hospital insurance benefits and enrolled for supplementary medical insurance benefits under Medicare, and to enroll for a Medigap supplemental policy, under the Social Security Act. |
SECTION 1. DELAY IN EFFECTIVE DATE FOR CHANGE IN POINT OF IMPOSITION OF TAX ON DIESEL FUEL. (a) In General.--Subsection (e) of section 13242 of the Revenue Reconciliation Act of 1993 is amended to read as follows: ``(e) Effective Date.--The amendments made by this section shall take effect on the earlier of-- ``(1) July 1, 1994, or ``(2) the 60th day after the date that final regulations are prescribed to carry out such amendments. In no event shall such amendments take effect before January 1, 1994.'' (b) Conforming Amendments to Floor Stocks Tax.-- (1) Section 13243 of such Act is amended by striking ``January 1, 1994'' each place it appears and inserting ``the effective date''. (2) Paragraph (1) of section 13243(a) of such Act is amended by striking ``December 31, 1993'' and inserting ``the day before the effective date''. (3) Paragraph (3) of section 13243(c) of such Act is amended by striking ``July 31, 1994'' and inserting ``the last day of the 6th month beginning after the effective date''. (4) Subsection (d) of section 13243 of such Act is amended by adding at the end thereof the following new paragraph: ``(3) Effective date.--The term `effective date' means the date on which the amendments made by section 13242 of this Act take effect.'' SEC. 2. EXPANSION OF VENDOR REFUND PROCEDURES WITH RESPECT TO DIESEL FUEL. (a) In General.--Subsection (l) of section 6427 of the Internal Revenue Code of 1986 (relating to nontaxable uses of diesel fuel and aviation fuel) is amended by striking paragraph (5), by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively, and by striking paragraph (1) and inserting the following new paragraphs: ``(1) Diesel fuel.--Except as otherwise provided in this subsection and in subsection (k), if-- ``(A) any diesel fuel on which tax has been imposed by section 4041 or 4081 is sold for use by any person in a nontaxable use, and ``(B) the ultimate vendor of such fuel-- ``(i) is registered under section 4101, and ``(ii) meets the requirements of subparagraph (A), (B), or (D) of section 6416(a)(1), the Secretary shall pay (without interest) to such ultimate vendor an amount equal to the aggregate amount of tax imposed on such fuel under section 4041 or 4081, as the case may be. ``(2) Aviation fuel.--Except as otherwise provided in this subsection and in subsection (k), if any aviation fuel on which tax has been imposed by section 4091 is used by any person in a nontaxable use, the Secretary shall pay (without interest) to the ultimate purchaser of such fuel an amount equal to the aggregate amount of tax imposed on such fuel under section 4091.'' (b) Conforming Amendments.-- (1) Subparagraph (A) of section 6427(i)(5) of such Code (relating to special rule for vendor refunds) is amended by striking ``subsection (l)(5)'' each place it appears and inserting ``subsection (l)(1)''. (2) Paragraph (5) of section 6427(l) of such Code, as redesignated by subsection (a), is amended by striking ``paragraph (1)'' and inserting ``paragraph (2)''. (c) Effective Date.--The amendments made by this section shall take effect as if included in the amendments made by section 13242 of the Revenue Reconciliation Act of 1993. SEC. 3. VENDOR REFUNDS ON GASOLINE SOLD TO STATE AND LOCAL GOVERNMENTS. (a) In General.--Subsection (c) of section 6421 of the Internal Revenue Code of 1986 (relating to gasoline used for certain exempt purposes) is amended to read as follows: ``(c) Exempt Purposes.-- ``(1) In general.--If gasoline is sold to any person for any purpose described in paragraph (2), (3), or (5) of section 4221(a), the Secretary shall pay (without interest) to such person an amount equal to the product of the number of gallons of gasoline so sold multiplied by the rate at which tax was imposed on such gasoline by section 4081. ``(2) Sales to state and local governments.-- ``(A) In general.--If-- ``(i) gasoline on which tax has been imposed by section 4081 is sold to a State or local government for the exclusive use of a State or local government, and ``(ii) the ultimate vendor of such fuel-- ``(I) is registered under section 4101, and ``(II) meets the requirements of subparagraph (A), (B), or (D) of section 6416(a)(1), the Secretary shall pay (without interest) to such ultimate vendor an amount equal to the product of the number of gallons of gasoline so sold multiplied by the rate at which tax was imposed on such gasoline by section 4081. ``(B) Payment of claim.--Notwithstanding subparagraph (A), if the Secretary has not paid a claim payable under this paragraph within 20 days after the date such claim is filed, such claim shall be paid with interest from such date, determined by using the overpayment rate and method under section 6621.'' (b) Effective Date.--The amendments made by this section shall take effect as if included in the amendments made by section 13242 of the Revenue Reconciliation Act of 1993. | Amends the Revenue Reconciliation Act of 1993 to delay the effective date of the change in the point of imposition of the tax on diesel fuel from January 1, 1994, to: (1) July 1, 1994; or (2) the 60th day after final regulations are prescribed. Amends the Internal Revenue Code to allow vendors of diesel fuel sold for any nontaxable use to claim tax refunds on behalf of ultimate users. Provides a similar rule for vendors of gasoline sold to State and local governments. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Armed Forces Behavioral Health Awareness Act''. SEC. 2. ELIGIBILITY OF MEMBERS OF THE ARMED FORCES WHO SERVE IN OPERATION IRAQI FREEDOM OR OPERATION ENDURING FREEDOM FOR READJUSTMENT COUNSELING AND SERVICES THROUGH VET CENTERS. (a) In General.--A member of the Armed Forces, including the Reserve components, who is deployed in support of Operation Enduring Freedom or Operation Iraqi Freedom shall be eligible for readjustment counseling and related mental health services under section 1712A of title 38, United States Code, through the centers for readjustment counseling and related mental health services (commonly known as ``Vet Centers'') operated by the Secretary of Veterans Affairs under that section. (b) Eligibility.-- (1) Regulations.--Except as provided in paragraph (2), the eligibility of a member of the Armed Forces, including the Reserve components, for counseling and services under subsection (a) shall be subject to such regulations as the Secretary of Defense and the Secretary of Veterans Affairs shall jointly prescribe for purposes of this section. (2) Duty status.--The duty status of a member may not have an effect on the eligibility of the member to receive counseling and services under subsection (a). SEC. 3. GRANTS FOR NONPROFIT ORGANIZATIONS FOR THE PROVISION OF EMOTIONAL SUPPORT SERVICES TO FAMILY MEMBERS OF MEMBERS OF THE ARMED FORCES. (a) In General.--The Secretary of Defense shall carry out a program to award grants to nonprofit organizations that provide emotional support services for family members of members of the Armed Forces, including the Reserve components. (b) Award of Grants.-- (1) Eligibility.--To be eligible for a grant under the program under this section, a nonprofit organization shall meet such criteria as the Secretary shall establish for purposes of the program. (2) Application.--A nonprofit organization seeking a grant under the program shall submit to the Secretary an application for the grant in such form and manner as the Secretary shall specify for purposes of the program. (c) Grants.-- (1) Amount.--The amount of each grant awarded to a nonprofit organization under the program under this section shall be such amount as the Secretary determines appropriate for purposes of the program. (2) Duration.--The duration of each grant awarded to a nonprofit organization shall be such period as the Secretary determines appropriate for purposes of the program. (d) Use of Grant Funds.--Each nonprofit organization awarded a grant under the program under this section shall use amounts under the grant to provide emotional support services for family members of members of the Armed Forces, including the Reserve components, through certain programs as the Secretary shall specify in the grant. (e) Funding.--Amounts for grants under the program under this section shall be derived from amounts authorized to be appropriated to the Department of Defense for military personnel. SEC. 4. PILOT PROGRAM TO ENHANCE AWARENESS OF POST-TRAUMATIC STRESS DISORDER. (a) Pilot Program Required.--The Secretary of the Army shall carry out a pilot program to enhance awareness of post-traumatic stress disorder among members of the Army. The Secretary shall carry out the pilot program in the following locations: (1) Fort Huachuca, Arizona. (2) Fort Carson, Colorado. (3) Fort Leonard Wood, Missouri. (b) Activities.-- (1) In general.--In carrying out the pilot program, the Secretary shall implement activities that-- (A) for a member of the Army who will be deployed in support of a contingency operation, increase the understanding of-- (i) the neurophysiological effects of stress and trauma associated with combat, including post-traumatic stress disorder; and (ii) the means of eliminating or mitigating such effects after returning from combat; (B) for a member of the Army deployed in support of a contingency operation, reinforce the information provided under subparagraph (A); (C) for a member of the Army who returns from being deployed in support of a contingency operation, assist the member in reintegrating into noncombat life; and (D) for the family of a member of the Army covered under this subsection, include training and assistance (including Internet-based training and assistance) at each stage of deployment in order to assist the family and member in recognizing and addressing post-traumatic stress disorder. (2) Development of activities.--In developing activities under this subsection, the Secretary shall consider methods to address stress and trauma used by other appropriate populations, including special operations forces and elite athlete communities. (c) Duration.--The Secretary shall carry out the pilot program for a period of three years. (d) Report.--Not later than two years after the date of the enactment of this Act, the Secretary shall submit to Congress a report assessing the pilot program, including the effectiveness of the activities under subsection (b). | Armed Forces Behavioral Health Awareness Act - Makes any member of the Armed Forces who is deployed in support of Operations Iraqi Freedom or Enduring Freedom eligible for readjustment counseling and related mental health services through Vet Centers (centers for such counseling and services for veterans), regardless of the member's duty status. Directs the Secretary of Defense to award grants to nonprofit organizations that provide emotional support services for family members of members of the Armed Forces, including members of the reserves. Requires the Secretary of the Army to carry out a pilot program to enhance awareness of post-traumatic-stress-disorder (PTSD) among members of the Army. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Border Security and Responsibility Act 2009''. SEC. 2. PURPOSE. The purposes of this Act are to provide a means whereby Federal lands and resources along the United States-Mexico border are provided the highest protection possible from the effects of unauthorized immigration, human and drug smuggling, and border enforcement activities, while ensuring that all operations necessary to achieve border security are undertaken. SEC. 3. DEFINITIONS. In this Act: (a) Indian Tribe.--The term ``Indian tribe'' has the meaning given such term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b). (b) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. (c) Secretary Concerned.--The term ``Secretary concerned'' means the Secretary of Agriculture with respect to land under the jurisdiction of the Secretary of Agriculture, the Secretary of the Interior with respect to land under the jurisdiction of the Secretary of the Interior, the Secretary of Defense with respect to land under the jurisdiction of the Secretary of Defense or the secretary of a military department, or the Secretary of Commerce with respect to land under the jurisdiction of the Secretary of Commerce SEC. 4. BORDER PROTECTION STRATEGY. (a) Border Protection Strategy.-- (1) In general.--Not later than September 30, 2009, the Secretary, the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Defense, and the Secretary of Commerce, in consultation with tribal, State, and local officials, shall jointly develop and submit to Congress a border protection strategy for the international land borders of the United States. (2) Elements of the strategy.--The strategy developed in accordance with paragraph (1) shall include the following components: (A) A comparative analysis of the levels of operational control, based on auditable and verifiable data, achievable through alternative tactical infrastructure and other security measures. Measures assessed shall include, at a minimum-- (i) pedestrian fencing; (ii) vehicle barriers, especially in areas in the vicinity of existing or planned roads; (iii) additional Border Patrol agents; (iv) efficacy of natural barriers and open space in response to unauthorized or unlawful border crossing; (v) fielding of advanced remote sensing and information integration technology, including the use of unmanned aerial vehicles and other advanced technologies and systems, including systems developed and employed, or under development, for tactical surveillance, multi- source information integration, and response analysis in difficult terrain and under adverse environmental conditions; (vi) regional as well as urban and rural variation in border security methodologies, and incorporation of natural barriers; (vii) enhanced cooperation with, and assistance to, intelligence, security, and law enforcement agencies in Mexico and Canada in detecting, reporting, analyzing, and successfully responding to unauthorized or unlawful border crossings from or into Mexico or Canada; and (viii) removal of obstructive non-native vegetation. (B) A comprehensive analysis of cost and other impacts of security measures assessed in subparagraph (A), including an assessment of-- (i) land acquisition costs, including related litigation and other costs; (ii) construction costs, including both labor and material costs; (iii) maintenance costs over 25 years; (iv) contractor costs; (v) management and overhead costs; (vi) the impacts on wildlife, wildlife habitat, natural communities, and functioning cross-border wildlife migration corridors and hydrology (including water quantity, quality, and natural hydrologic flows) on Federal, tribal, State, local, and private lands along the border; (vii) costs of fully mitigating the adverse impacts to Federal, tribal, State, local, and private lands, waters (including water quality, quantity, and hydrological flows), wildlife, and wildlife habitats, including, where such action is possible, the full costs of the replacement or restoration of severed wildlife migration corridors with protected corridors of equivalent biological functionality, as determined by each Secretary concerned, in consultation with appropriate authorities of tribal, State, and local governments and appropriate authorities of Mexico and Canada; and (viii) the impacts on culture, safety, and quality of life on residents in the vicinity of the border. (C) A comprehensive compilation of the fiscal investments in acquiring or managing Federal, tribal, state, local, and private lands and waters in the vicinity of, or ecologically related to, the land borders of the United States that have been acquired or managed in whole or in part for conservation purposes (including the creation or management of protected wildlife migration corridors) in-- (i) units of the National Park System; (ii) National Forest System land; (iii) land under the jurisdiction of the Bureau of Land Management; (iv) land under the jurisdiction of the United States Fish and Wildlife Service; (v) other relevant land under the jurisdiction of the Department of the Interior or the Department of Agriculture; (vi) land under the jurisdiction of the Department of Defense or the individual military department; (vii) land under the jurisdiction of the Department of Commerce; (viii) tribal lands; (ix) State and private lands; and (x) lands within Mexico and Canada. (D) Recommendations for strategic border security management based on comparative security as detailed in subparagraph (A), the cost-benefit analysis as detailed in subparagraph (B), as well as protection of investments in public lands specified in subparagraph (C). (3) Training.-- (A) Required training.--The Secretary, in cooperation with the Secretary concerned, shall provide-- (i) natural resource protection training for Customs and Border Protection agents or other Federal personnel assigned to plan or oversee the construction or operation of border security tactical infrastructure or to patrol land along or in the vicinity of a land border of the United States; and (ii) cultural resource training for Customs and Border Protection agents and other Federal personnel assigned to plan or oversee the construction or operation of border security tactical infrastructure or to patrol tribal lands. (B) Additional considerations.--In developing and providing training under clause (i) of subparagraph (A), the Secretary shall coordinate with the Secretary concerned and the relevant tribal government to ensure that such training is appropriate to the mission of the relevant agency and is focused on achieving border security objectives while avoiding or minimizing the adverse impact on natural and cultural resources resulting from border security tactical infrastructure, operations, or other activities. SEC. 5. ACTIONS TO GAIN OPERATIONAL CONTROL OF THE INTERNATIONAL LAND BORDERS OF THE UNITED STATES. (a) In General.--Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 8 U.S.C. 1103 note) is amended to read as follows: ``SEC. 102. IMPROVEMENT OF OPERATIONAL CONTROL OF BORDER. ``(a) In General.--The Secretary of Homeland Security shall take such actions as may be required to gain operational control of the international land borders of the United States. Such actions may be taken only in accordance with the border protection strategy developed under section 4(a) of the Border Security and Responsibility Act of 2009. ``(b) Priority of Methods.--In carrying out the requirements of subsection (a), the Secretary of Homeland Security shall, where practicable, give first priority to the use of remote cameras, sensors, removal of non-native vegetation, incorporation of natural barriers, additional manpower, unmanned aerial vehicles, or other low impact border enforcement techniques. ``(c) Consultation.-- ``(1) In general.--In carrying out this section, the Secretary of Homeland Security shall consult with the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Defense, Secretary of Commerce, States, local governments, tribal governments, and private property owners in the United States to minimize the impact on the environment, culture, commerce, safety, and quality of life for the communities and residents located near the sites at which actions under subsection (a) are proposed to be taken. ``(2) Rule of construction.--Nothing in this subsection may be construed to-- ``(A) create or negate any right of action for a State, local government, tribal government, or other person or entity affected by this subsection; ``(B) affect the eminent domain laws of the United States or of any State; or ``(C) waive the application of any other applicable Federal, State, local, or tribal law. ``(3) Limitation on requirements.--Notwithstanding subsection (a), nothing in this section shall require the Secretary of Homeland Security to install fencing, physical barriers, roads, lighting, cameras, or sensors in a particular location along an international border of the United States if the Secretary determines that the use or placement of such resources is not the most effective and appropriate means to achieve and maintain operational control over the international border at such location, or if the Secretary determines that the direct and indirect costs of or the impacts on the environment, culture, commerce, safety, or quality of life for the communities and residents along the border likely to result from the use or placement of such resources outweigh the benefits of such use or placement.''. (b) Preconditions.--In fulfilling the requirements of section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as amended by this section, the Secretary of Homeland Security shall not commence any construction of fencing, physical barriers, roads, lighting, cameras, sensors, or other tactical infrastructure along or in the vicinity of an international land border of the United States, or award or expend funds pursuant to any contract or other agreement related thereto, prior to 90 days following the submission to Congress of the border protection strategy required under section 4(a) of this Act. SEC. 6. BORDERLANDS MONITORING AND MITIGATION. (a) In General.--The Secretary, in consultation with the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Defense, the Secretary of Commerce, and the heads of appropriate State and tribal wildlife agencies and entities, shall develop and implement a comprehensive monitoring and mitigation plan to address the ecological and environmental impacts of border security infrastructure, measures, and activities along the international land borders of the United States. (b) Requirements.--The mitigation plan required under subsection (a) shall include, at a minimum, measures to address and mitigate the full range of ecological and environmental impacts of border security infrastructure, measures, and activities, including-- (1) preserving, maintaining, and, if necessary, restoring wildlife migration corridors, key habitats, and the ecologically functional connectivity between and among key habitats sufficient to ensure that species (whether or not designated as rare, protected, or of concern) remain viable and are able to adapt to the impacts of climate change; (2) addressing control of invasive species and implementing measures necessary to avoid the spread of such species; (3) maintaining hydrological functionality, including water quantity and quality; (4) incorporating adaptive management, including detailed provisions for long-term monitoring of the mitigation plan's effectiveness and for necessary adjustments to such plan based on such monitoring results; and (5) protection of cultural and historical resources. (c) Preemption.-- (1) In general.--Notwithstanding any other provision of law, the Secretary may, subject to paragraph (2), carry out the mitigation plan required under subsection (a) on any Federal, State, local, tribal, or private lands in the vicinity of or ecologically related to an international land border of the United States regardless of which individual, agency, or entity has ownership of or principal responsibility for the management of any such lands. (2) Conditions.--Activities carried out pursuant to paragraph (1) in connection with the mitigation plan shall be carried out in full consultation with, and with the concurrence of, the owner of, or entity with principal responsibility for, the management of the lands described in such paragraph. (d) Administration.-- (1) Authorization.--The Secretary of Homeland Security may transfer funds of the Department of Homeland Security to other Federal agencies for-- (A) expenditure under programs (including any international programs) of such agencies that are designed to fund conservation related activities (directly or through grants or similar mechanisms) on non-Federal lands, including land acquisition programs; and (B) mitigation activities on Federal lands managed by such agencies, if such activities are required to implement the mitigation plan required under subsection (a) and if the costs of such activities are higher than the costs associated with managing such lands in the absence of such activities. (2) Exemption from reprogramming requirements.--Funds transferred pursuant to the authorization under paragraph (1) shall not be subject to reprogramming requirements. (3) Acceptance and use of donations.--The Secretary may accept and use donations for the purpose of developing and implementing the mitigation plan required under subsection (a), and may transfer such funds to any other Federal agency for expenditure under such plan pursuant to paragraph (1). (e) Authorization of Appropriations.--Notwithstanding any other provision of law, funds appropriated to the Department of Homeland Security for border security infrastructure and activities may be used by the Secretary to develop and implement the mitigation plan required under subsection (a). | Border Security and Responsibility Act 2009 - Directs the Secretary of Homeland Security (Secretary), the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Defense, and the Secretary of Commerce, in consultation with tribal, state, and local officials, to submit to Congress a border protection strategy for the international land borders of the United States. Specifies strategy elements. Amends the the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to revise international land border security provisions, including: (1) eliminating existing southwest border fencing requirements; (2) requiring that border control actions be in accordance with the border strategy required under this Act; and (3) giving priority to the use of remote cameras, sensors, removal of nonnative vegetation, incorporation of natural barriers, additional manpower, unmanned aerial vehicles, or other low impact border enforcement techniques. Prohibits construction of border fencing, physical barriers, roads, lighting, cameras, sensors, or other tactical infrastructure prior to 90 days after such border strategy's submission to Congress. Directs the Secretary, in consultation with the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Defense, the Secretary of Commerce, and the heads of appropriate state and tribal wildlife agencies, to implement a comprehensive monitoring and mitigation plan to address the ecological and environmental impacts of security infrastructure and activities along the international land borders of the United States. Specifies plan requirements. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Stopping Taxpayer Outlays for Propaganda Act'' or the ``STOP Act''. SEC. 2. FINDINGS. Congress finds the following: (1) According to a study from Education Week and the Journal of the American Medical Association fewer than 4 in 10 elementary-aged children achieved the recommended guidelines for physical activity (60 minutes per day of moderate to vigorous activity) and television viewing (less than 2 hours per day of television screen time). As children get older, their prevalence of sedentary behavior increased. (2) During the 1950s, the United States began experiencing a physical inactivity crisis. The issue garnered sufficient attention that the Eisenhower Administration expressed concern about the United States meeting its Cold War military manpower needs. In response, the President's Council on Physical Fitness and Sports was established in 1956 under the name of the ``President's Council on Youth Fitness''. Today, only one state (Illinois) requires daily P.E. for grades K-12. (3) A 2009 study published in a supplement to the International Journal of Obesity found no association between particular segments of the diet and subsequent weight gain. Another key point from the study is that obesity is a complex, multifactorial issue that can be caused in part by genetic susceptibility, behavior, and level of physical activity. (4) The Centers for Disease Control and Prevention states the fundamental rule of weight management is to consume less calories than one expends. Studies have shown one way to limit the number of calories a person consumes is by controlling portion size. (5) According to Time's Health and Family, foods that are not inherently healthy can still be eaten, but they should only be consumed in moderation. A 1999 study found that ``flexible dieting'' was associated with less overeating and lower body weight then ``strict dieting.'' (6) The correlation between physical activity and longevity is well documented. According to ``Exercise is Medicine'', sponsored by the American College of Sports Medicine, regular, moderate physical activity reduces the risk of heart disease by 40 percent, lowers the risk of stroke by 27 percent, reduces the incidence of high blood pressure by almost 50 percent, reduces the incidence of diabetes by 50 percent, can reduce mortality and the risk of recurrent breast cancer by almost 50 percent, can lower the risk of colon cancer by over 60 percent, can reduce the risk of developing Alzheimer's Disease by one third, and can decrease depression as effectively as medications or behavioral therapy. (7) A 2005 review published in Obesity Reviews found that increasing physical activity participation and decreasing television viewing should be the focus of strategies aimed at preventing and treating overweight and obesity in youth. The authors compared estimates of the prevalence of overweight among school-aged youth in 34 countries and examined associations between overweight and selected dietary and physical activity patterns. (8) According to Full Service Restaurant Magazine, several chain restaurants now offer their customers the option of smaller portions of customer favorites. T.G.I. Friday's, for example, offers the ``Right Portion, Right Price'' menu while California Pizza Kitchen has a ``Smaller Cravings'' program. (9) As told by the New York Times, McDonald's restaurants in September 2012 began posting calorie information on the large menus inside their restaurants. McDonald's also lists items that have 400 calories or less in its ``Favorites Under 400'' menu. (10) According to Reuters, in 2010, Panera Bread became the first national restaurant chain to voluntarily post calorie information on their menus. Subway restaurants have also voluntarily made their calorie information accessible to the public. (11) Reported by the New York Times, non-alcoholic beverage companies such as PepsiCo, Coca-Cola, Dr Pepper Snapple, and Sunny D are revamping vending offerings and posting caloric information on the front of every can, bottle, and pack. In addition, these companies have removed full-calorie soft drinks from the nation's schools and continue to provide consumers with calorie information, a variety of choices, and smaller portions. SEC. 3. FUNDING RESTRICTION. No part of any appropriation contained in any Act may be used for print, radio, television or any other media advertisement, campaign, or form of publicity against the use of a food or non-alcoholic beverage that is lawfully marketed under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.). | Stopping Taxpayer Outlays for Propaganda Act or STOP Act - Prohibits the use of any part of any appropriation contained in any Act for print, radio, television or any other media advertisement, campaign, or form of publicity against the use of a food or non-alcoholic beverage that is lawfully marketed under the Federal Food, Drug, and Cosmetic Act. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Marine and Hydrokinetic Renewable Energy Promotion Act of 2010''. SEC. 2. DEFINITIONS. (a) In General.--For the purposes of this Act-- (1) the term ``marine and hydrokinetic renewable energy'' has the meaning given that term in section 632 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17211); and (2) the term ``Secretary'' means the Secretary of Energy. (b) Amendment.--Section 632 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17211) is amended to read as follows: ``SEC. 632. DEFINITION. ``For the purposes of this subtitle the term `marine and hydrokinetic renewable energy' means energy from-- ``(1) waves, tides, and currents in oceans, estuaries, and tidal areas; ``(2) free flowing water in rivers, lakes, man-made water systems, and streams; ``(3) salinity gradients; and ``(4) water temperature gradients, including ocean thermal energy conversion. The term `marine and hydrokinetic renewable energy' does not include energy from any source that uses a dam, diversionary structure, or impoundment for electric power purposes.''. SEC. 3. RESEARCH, DEVELOPMENT, DEMONSTRATION, AND COMMERCIAL APPLICATION PROGRAM. Section 633(a) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17212(a)) is amended to read as follows: ``(a) Establishment of Program.-- ``(1) In general.--The Secretary, in consultation with the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, shall establish a program of marine and hydrokinetic renewable energy technology research, development, demonstration, and commercial application, which shall include activities to address the following: ``(A) Testing technologies, devices, and systems at a variety of scales to facilitate their commercial application. ``(B) Identifying, assessing, and finding ways to avoid and minimize environmental impacts potentially arising from marine and hydrokinetic renewable energy technologies. ``(C) Establishing and expanding test centers and facilities. ``(D) Reducing the manufacturing, installation, operation, and maintenance costs of technologies. ``(E) Increasing performance, reliability, and survivability of technologies, devices, systems, and facilities. ``(F) Integrating technologies into the national electric grid. ``(G) Identifying, developing, demonstrating, and transferring to the private sector advanced systems engineering and system integration methods to identify critical interfaces. ``(H) Developing numerical and physical tools, including models and monitoring technologies, to assist industry in device and system design and operation. ``(I) Determining the potential availability, extractability, and cost-effectiveness of marine and hydrokinetic renewable energy generation in the United States. ``(J) Supporting material sciences, including the development of corrosive-resistant materials. ``(K) Designing and developing evaluation and performance standards domestically and with international partners. ``(L) Applying model predictions of relevant oceanic and atmospheric variables on time scales necessary for development and operation of marine and hydrokinetic renewable energy technologies, including for integration onto the electricity grid. ``(M) Identifying opportunities to transfer knowledge from existing marine and other industries to technology developers. ``(N) Identifying opportunities and benefits from colocated development of multiple renewable energy technologies or other activities. ``(O) Identifying the potential impacts on navigation of marine and hydrokinetic renewable energy technologies, and identifying measures to avoid and minimize adverse impacts on these uses. ``(P) Improving interagency collaboration to address challenges associated with the development of marine and hydrokinetic renewable energy technologies. ``(Q) Any other area of marine and hydrokinetic renewable energy technology development that the Secretary considers appropriate. ``(2) Separation.--The program established under paragraph (1) shall be separate from the Wind and Hydropower Program at the Department of Energy.''. SEC. 4. ENERGY GENERATION TECHNOLOGY DEMONSTRATION GRANTS. (a) In General.--In carrying out section 633 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17212), the Secretary shall establish a competitive marine and hydrokinetic renewable energy technology demonstration grant program to-- (1) verify the performance, reliability, maintainability, environmental impact, and cost of technology components, devices, and system designs in an operating environment; and (2) facilitate the commercial application of technology components, devices, and systems at a variety of scales. (b) Activities.--Activities that may be funded under this section include the following: (1) Providing stakeholders and industry with an opportunity to test and evaluate, including by connecting to the national electrical grid, marine and hydrokinetic renewable energy technologies at a variety of scales, including full-scale prototypes. (2) Documenting and communicating technical, environmental and, economic information from projects for the benefit of utilities, independent power producers, other nonutility generators, device suppliers, and other stakeholders. (3) Obtaining operating, maintenance, and cost data sufficiently rigorous to evaluate demonstrated technologies, components, devices, and systems. (4) Providing information to the public on potential positive and negative environmental impacts, effective monitoring techniques, and engineering design improvements to reduce environmental impacts throughout demonstration projects. (5) Conducting research, development, and monitoring activities necessary to support the demonstration project. SEC. 5. ENVIRONMENTAL RESEARCH, DEVELOPMENT, AND DEMONSTRATION GRANTS. In carrying out section 633 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17212), the Secretary shall establish a competitive research, development, and demonstration grant program to identify, assess, and find ways to avoid and minimize environmental impacts potentially arising from marine and hydrokinetic renewable energy technologies, devices, and systems. The program shall-- (1) measure such potential impacts; (2) evaluate any environmental risks associated with marine and hydrokinetic renewable energy technologies, devices, and systems; (3) research and evaluate the effectiveness of strategies, including adaptive management, to avoid, minimize, or eliminate such potential impacts; (4) develop and demonstrate monitoring and other technologies needed to identify such potential impacts; (5) support baseline environmental research, including ecological characterization of marine ecosystems, for specific demonstration projects; (6) facilitate public-private cooperation, including identification and assessment of relevant existing private sector technologies; and (7) communicate and disseminate to the public information generated from a grant awarded under this section to aid in efficient and environmentally responsible technology development, except to the extent that the information is protected from disclosure under applicable law. SEC. 6. TEST FACILITIES. (a) In General.--In carrying out section 633(a)(1)(C) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17212(a)(1)(C)), not later than 180 days after the date of enactment of this Act, the Secretary shall award competitive grants to support 3 or more geographically dispersed marine and hydrokinetic renewable energy technology research, development, and demonstration test facilities for the demonstration of multiple technologies in actual operating environments. These grants may support modification of an existing facility, including a Center established under section 634 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17213), or construction of a new test facility. (b) Program Objectives.--In awarding grants under this section, the Secretary shall provide for-- (1) the demonstration of a variety of technologies at each test facility; (2) the demonstration of a variety of technologies among all of the test facilities established; and (3) the demonstration of technologies at a variety of scales. (c) Activities.--Each test facility established under this section shall-- (1) provide infrastructure and resources for the evaluation and technical viability testing of marine and hydrokinetic renewable energy technologies; and (2) conduct and support research, development, and demonstration activities with respect to marine and hydrokinetic renewable energy technologies, including in support of the program and activities described in sections 4 and 5. (d) Applicants.--An applicant for a grant under this section shall be a nonprofit institution, State or local government, institution of higher education, National Laboratory, or Center established under section 634 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17213), which can demonstrate to the satisfaction of the Secretary the ability and intention to-- (1) combine expertise from relevant academic fields, including those related to the environment, marine sciences, energy, and electrical, mechanical, and civil engineering; and (2) partner with other entities that have expertise in advancing marine and hydrokinetic renewable energy technologies. (e) Maximum Amount.--The Secretary shall provide no more than a total of $50,000,000 in Federal assistance, under this or any other Act, for each test facility. (f) Amendments.--Section 634 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17213) is amended-- (1) in subsection (a), by striking ``marine renewable energy technologies'' and inserting ``marine and hydrokinetic renewable energy technologies''; and (2) by amending subsection (b) to read as follows: ``(b) Purposes.--The Centers shall advance research, development, demonstration, and commercial application of marine and hydrokinetic renewable energy technologies and-- ``(1) shall serve as information clearinghouses for the marine and hydrokinetic renewable energy industry, collecting and disseminating information on best practices in all areas related to developing and managing marine and hydrokinetic renewable energy technologies; and ``(2) may serve as technology test facilities established under section 6 of the Marine and Hydrokinetic Renewable Energy Promotion Act of 2010.''. SEC. 7. ORGANIZATION AND ADMINISTRATION OF PROGRAMS. (a) Coordination and Nonduplication.--In carrying out this Act the Secretary shall coordinate and avoid duplication of activities across programs of the Department of Energy and with other relevant Federal agencies, including with those of the National Laboratories. (b) Collaboration.--In carrying out this Act the Secretary shall collaborate with industry, stakeholders, the National Laboratories, other relevant Federal agencies, relevant academic institutions, and international bodies with relevant scientific expertise. (c) Public Availability.--The Secretary shall obtain from the recipient of assistance under this Act and make available to the public, through Department websites, reports, and databases, any research, development, demonstration, and commercial application information generated with respect to the technology supported under this Act, including information discovered after the completion of activities supported under this Act, except to the extent that the information is protected from disclosure under section 552(b) of title 5, United States Code. (d) Report to Congress.--Not later than 1 year after the date of enactment of this Act, and at least once every 2 years thereafter, the Secretary shall transmit to the Congress a report on the findings and activities under this Act. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary to carry out this Act-- (1) $200,000,000 for fiscal year 2011, to remain available until expended, of which-- (A) $40,000,000 shall be for carrying out section 4; (B) $40,000,000 shall be for carrying out section 5; and (C) $100,000,000 shall be for carrying out section 6; and (2) $150,000,000 for each of fiscal years 2012 through 2015, to remain available until expended, of which-- (A) $70,000,000 shall be for carrying out section 4; and (B) $60,000,000 shall be for carrying out section 5. | Marine and Hydrokinetic Renewable Energy Promotion Act of 2010 - Amends the Energy Independence and Security Act of 2007 to revise the program of marine and hydrokinetic renewable energy technology research, development, demonstration, and commercial application, including by requiring the program to include specified activities, including: (1) determining the potential availability, extractability, and cost-effectiveness of marine and hydrokinetic renewable energy generation in the United States; (2) designing and developing evaluation and performance standards domestically and with international partners; and (3) improving interagency collaboration to address challenges associated with the development of such technologies. Requires such program to be separate from the Department of Energy's (DOE) Wind and Hydropower Program. Requires the Secretary of Energy to establish a competitive marine and hydrokinetic renewable energy technology demonstration grant program to: (1) verify the performance, reliability, maintainability, environmental impact, and cost of technology components, devices, and system designs in an operating environment; and (2) facilitate the commercial application of technology components, devices, and systems at a variety of scales. Requires the Secretary to establish a competitive research, development, and demonstration grant program to identify and assess ways to avoid and minimize environmental impacts potentially arising from marine and hydrokinetic renewable energy technologies, devices, and systems. Requires the Secretary to award competitive grants to support modifying or constructing three or more geographically dispersed marine and hydrokinetic renewable energy technology research, development, and demonstration test facilities for the demonstration of multiple technologies in actual operating environments. Authorizes National Marine Renewable Energy Research, Development, and Demonstration Centers to serve as technology test facilities. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``End Operation Choke Point Act of 2014''. SEC. 2. BUSINESS ACCESS TO INSURED DEPOSITORY INSTITUTIONS. (a) In General.--The Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.) is amended by adding at the end the following new section: ``SEC. 51. BUSINESS ACCESS TO INSURED DEPOSITORY INSTITUTIONS. ``(a) In General.--The Federal banking agencies may not prohibit or otherwise restrict or discourage an insured depository institution from providing any product or service to an entity that demonstrates to the insured depository institution that such entity-- ``(1) is licensed and authorized to offer such product or service; ``(2) is registered as a money transmitting business under section 5330 of title 31, United States Code, or regulations promulgated under such section; or ``(3) has a reasoned legal opinion that demonstrates the legality of the entity's business under applicable law. ``(b) Rule of Construction.--Nothing in this section shall be construed to-- ``(1) require an insured depository institution-- ``(A) to provide any product or service to any particular entity; ``(B) to regularly review the status of any license of an entity; or ``(C) to determine the validity or veracity of any reasoned legal opinion obtained under subsection (a)(3); or ``(2) imply or require that an insured depository institution may only provide products or services to an entity that has met any of the requirements of paragraphs (1) through (3) of subsection (a). ``(c) Limitation on Rulemaking.--The Federal banking agencies may not issue any guidance under subsection (a). Any rule implementing subsection (a) shall be promulgated in accordance with section 553 of title 5, United States Code. ``(d) Reasoned Legal Opinion Defined.--For purposes of this section, the term `reasoned legal opinion'-- ``(1) means a written legal opinion by a State-licensed attorney that addresses the facts of a particular business and the legality of the business's provision of products or services to customers in the relevant jurisdictions under applicable Federal and State law, tribal ordinances, tribal resolutions, and tribal-State compacts; and ``(2) does not include a written legal opinion that recites the facts of a particular business and states a conclusion.''. SEC. 3. BUSINESS ACCESS TO FEDERAL CREDIT UNIONS. Title I of the Federal Credit Union Act (12 U.S.C. 1751 et seq.) is amended by adding at the end the following new section: ``SEC. 132. BUSINESS ACCESS TO INSURED CREDIT UNIONS. ``(a) In General.--The Board may not prohibit or otherwise restrict or discourage an insured credit union from providing any product or service to an entity that demonstrates to the insured credit union that such entity-- ``(1) is licensed and authorized to offer such product or service; ``(2) is registered as a money transmitting business under section 5330 of title 31, United States Code, or regulations promulgated under such section; and ``(3) has a reasoned legal opinion that demonstrates the legality of the entity's business under applicable law. ``(b) Rule of Construction.--Nothing in this section shall be construed to-- ``(1) require an insured credit union-- ``(A) to provide any products or services to any entity; ``(B) to regularly review the status of any license of an entity; or ``(C) to determine the validity or veracity of any reasoned legal opinion obtained under subsection (a)(3); or ``(2) imply or require that an insured credit union may only provide products or services to an entity that has met any of the requirements of paragraphs (1) through (3) of subsection (a). ``(c) Limitation on Rulemaking.--The Board may not issue any guidance under subsection (a). Any rule implementing subsection (a) shall be promulgated in accordance with section 553 of title 5, United States Code. ``(d) Reasoned Legal Opinion Defined.--For purposes of this section, the term `reasoned legal opinion'-- ``(1) means a written legal opinion by a State-licensed attorney that addresses the facts of a particular business and the legality of the business's provision of products or services to customers in the relevant jurisdictions under applicable Federal and State law, tribal ordinances, tribal resolutions, and tribal-State compacts; and ``(2) does not include a written legal opinion that recites the facts of a particular business and states a conclusion.''. SEC. 4. AMENDMENTS TO THE FINANCIAL INSTITUTIONS REFORM, RECOVERY, AND ENFORCEMENT ACT OF 1989. Section 951 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1833a) is amended-- (1) in subsection (c)(2), by inserting ``and where such violation or conspiracy to violate is in connection with a violation or conspiracy to violate a section described under paragraph (1)'' after ``financial institution''; and (2) in subsection (g)-- (A) in the header, by striking ``Subpoenas'' and inserting ``Investigations''; (B) in paragraph (1), by amending subparagraph (C) to read as follows: ``(C) request a court order from a court of competent jurisdiction, to summon witnesses and to require the production of any books, papers, correspondence, memoranda, or other records which the Attorney General deems relevant or material to the inquiry, and which shall be issued only if the Attorney General offers specific and articulable facts showing that there are reasonable grounds to believe that the information or testimony sought is relevant and material to an ongoing civil proceeding under this section.''; (C) by amending paragraph (2) to read as follows: ``(2) Annual report to congress on firrea court orders.-- The Attorney General shall submit a report before January 31 of each year, beginning the first January following the date of enactment of this Act, to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate, which shall include a detailed description of-- ``(A) the number of court orders sought by the Attorney General and the number of orders issued; ``(B) the recipient of the court orders; ``(C) the number of documents requested and received; ``(D) the number of witnesses requested to testify and the number who actually testified; and ``(E) whether a civil enforcement action was filed and the result of any such enforcement action, including settlements that led to the dismissal of charges.''; and (D) by striking paragraph (3). SEC. 5. REQUIRING COOPERATION TO DETER THE COMMISSION OF FINANCIAL FRAUD. Subsection (a) of section 314 of the USA PATRIOT Act (31 U.S.C. 5311 note) is amended-- (1) in paragraph (1), by inserting ``, the commission of financial fraud,'' after ``terrorist acts''; (2) in paragraph (2)-- (A) in subparagraph (B), by striking ``; and'' and inserting a semicolon; (B) in subparagraph (C), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(D) means of facilitating the identification of accounts and transactions involving persons engaged in committing financial fraud, subject to the limitations described in paragraph (5).''; and (3) in paragraph (5), by striking ``shall not be used'' and all that follows through the period at the end and inserting the following: ``shall not-- ``(A) be used for any purpose other than identifying and reporting on activities that may involve terrorist acts, financial fraud, or money laundering; and ``(B) be construed to require financial institutions to determine or assure compliance of any entity with any Federal, State, or other licensing requirements.''. SEC. 6. LIABILITY FOR DISCLOSURES IN REPORTING SUSPICIOUS TRANSACTIONS. Paragraph (3) of section 5318(g) of title 31, United States Code, is amended-- (1) in subparagraph (A), by inserting ``, for any underlying activity that is the subject of the disclosure,'' after ``for such disclosure''; and (2) in subparagraph (B)(ii), by striking ``civil or'' before ``criminal''. SEC. 7. FINANCIAL CRIMES ENFORCEMENT NETWORK DATA ACCOUNTABILITY METRICS. Section 310 of title 31, United States Code, is amended-- (1) in subsection (b)(2)(C)-- (A) in clause (vi), by striking ``; and'' and inserting a semicolon; (B) in clause (vii), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new clause: ``(viii) generate feedback and report on the utility of the data access service described in subparagraph (B) and the information collected by the service to improve cooperation among data providers and users while reducing regulatory burden and preserving payment system efficiency.''; (2) in subsection (c)-- (A) in paragraph (1)(C), by striking ``; and'' and inserting a semicolon; (B) in paragraph (2)(C), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(3) for appropriate metrics to monitor, track, assess, and report on access to information contained in the data maintenance system maintained by FinCEN for-- ``(A) identifying, tracking, and measuring how such information is used and the law enforcement results obtained as a consequence of that use; and ``(B) assuring accountability by law enforcement agencies for the utility, security, and privacy of such information while reducing unnecessary regulatory burdens.''. | End Operation Choke Point Act of 2014 - Amends the Federal Deposit Insurance Act and the Federal Credit Union Act to prohibit the federal banking agencies from prohibiting, restricting, or discouraging an insured depository institution or insured credit union from providing any product or service to an entity that demonstrates that it is: (1) licensed and authorized to offer such product or service, (2) registered as a money transmitting business under federal law or regulations, or (3) has a reasoned legal opinion that demonstrates the legality of the entity's business under applicable law. Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA) to repeal the Attorney General's subpoena authority to summon witnesses and require the production of books, papers, correspondence, memoranda, or other records relevant or material to an inquiry. Authorizes the Attorney General instead to request a court order from a court of competent jurisdiction to summon witnesses and require the production of relevant or material records. Permits issuance of such a court order, however, only if the Attorney General offers specific and articulable facts showing that there are reasonable grounds to believe that the information or testimony sought is relevant and material to an ongoing civil proceeding. Repeals the declaration that, in the case of a subpoena for which the return date is less than five days after the date of service, no person shall be found in contempt for failure to comply by the return date if he or she files a petition within those five days. Amends the USA PATRIOT Act, regarding cooperative efforts among financial institutions, regulatory authorities and law enforcement authorities to deter money laundering, to authorize regulations for procedures for information sharing that focuses upon facilitating the identification of accounts and transactions that involve committing financial fraud. Prohibits the use of information received by a financial institution: (1) for any purpose other than identifying and reporting activities that may involve financial fraud (or terrorist acts or money laundering, as under current law); and (2) to require financial institutions to determine or assure compliance of any entity with federal, state, or other licensing requirements. Revises the non-liability of financial institutions for making certain voluntary disclosures to a government agency to extend such protection to any underlying activity that is the subject of a disclosure. Makes it the duty of the Director of the Financial Crimes Enforcement Network (FinCEN) to analyze and disseminate available data to generate feedback and report on the utility of a certain data access service and the information collected by it to improve cooperation among data providers and users while reducing regulatory burden and preserving payment system efficiency. Directs the Secretary of the Treasury to establish operating procedures for the government-wide data access service and FinCEN's financial crimes communications center which provide for: (1) appropriate metrics to monitor, track, assess, and report on access to information contained in the FinCEN data maintenance system for identifying, tracking, and measuring how such information is used and the consequent law enforcement results; and (2) assured accountability by law enforcement agencies for the utility, security, and privacy of such information while reducing unnecessary regulatory burdens. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Kendell Frederick Citizenship Assistance Act''. SEC. 2. FINGERPRINTS FOR MEMBERS OF ARMED FORCES. (a) In General.--Notwithstanding any other provision of law, including section 552a of title 5, United States Code (commonly referred to as the ``Privacy Act of 1974''), the Secretary of Homeland Security shall use the fingerprints provided by an individual at the time the individual enlisted in the Armed Forces to satisfy any requirement for fingerprints that is part of an application for naturalization if-- (1) the individual may be naturalized pursuant to section 328 or 329 of the Immigration and Nationality Act (8 U.S.C. 1439-1440); (2) the individual was fingerprinted in accordance with the requirements of the Department of Defense at the time the individual enlisted in the Armed Forces; (3) the individual submits an application for naturalization not later than 24 months after the date on which the individual enlisted in the Armed Forces; and (4) the Secretary of Homeland Security determines that the fingerprints are sufficient to adjudicate the applicant's naturalization application. (b) Most Timely and Effective Adjudication.--Nothing in this section shall preclude an individual described in subsection (a) from submitting new fingerprints to the Secretary of Homeland Security. If the Secretary of Homeland Security determines that submitting new fingerprints would result in more timely and effective adjudication of the individual's naturalization application, the Secretary shall inform the individual that submitting new fingerprints would result in more timely and effective adjudication of the individual's naturalization application, along with a description of how to submit new fingerprints. (c) Cooperation.--The Secretary of Homeland Security, in consultation with the Secretary of Defense, shall determine the format of fingerprints acceptable for usage under subsection (a). The Secretary of Defense, or any other official having custody of the fingerprints referred to in subsection (a), shall make such prints available to the Secretary of Homeland Security for the purpose described in subsection (a) without charge and shall otherwise cooperate with the Secretary of Homeland Security in fulfilling the Secretary's satisfaction of the requirement under subsection (a). SEC. 3. PROVISION OF INFORMATION ON MILITARY NATURALIZATION. (a) In General.--Not later than 30 days after the effective date of any modification to a regulation related to naturalization under section 328 or 329 of the Immigration and Nationality Act (8 U.S.C. 1439-1440), the Secretary of Homeland Security shall update as necessary the appropriate Internet site or sites maintained by the Secretary to reflect such modification. (b) Sense of Congress.--It is the sense of the Congress that the Secretary of Homeland Security should update as necessary the appropriate application form or forms promulgated by the Secretary not later than 180 days after an effective date described in subsection (a). SEC. 4. REPORTS. (a) Adjudication Process.--Not later than 120 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate congressional committees a report on the entire process for the adjudication of an application for naturalization filed pursuant to section 328 or 329 of the Immigration and Nationality Act (8 U.S.C. 1439-1440), including the process that begins at the time the application is mailed to, or received by, the Secretary of Homeland Security, regardless of whether the Secretary determines that such application is complete, through the final disposition of such application. Such report shall include a description of-- (1) the methods of the Secretary of Homeland Security and the Secretary of Defense to prepare, handle, and adjudicate such applications; (2) the effectiveness of the chain of authority, supervision, and training of employees of the Federal Government or of other entities, including contract employees, who have any role in such process or adjudication; and (3) the ability of the Secretary of Homeland Security and the Secretary of Defense to use technology to facilitate or accomplish any aspect of such process or adjudication. (b) Implementation.-- (1) Study.--The Comptroller General of the United States shall conduct a study on the implementation of this Act by the Secretary of Homeland Security and the Secretary of Defense, including studying any technology that may be used to improve the efficiency of the naturalization process for members of the Armed Forces. (2) Report.--Not later than 180 days after the date that the Comptroller General submits the report required by subsection (a), the Comptroller General shall submit to the appropriate congressional committees a report on the study required by paragraph (1). The report shall include any recommendations of the Comptroller General for improving the implementation of this Act by the Secretary of Homeland Security or the Secretary of Defense. (c) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Armed Services and the Committee on the Judiciary of the Senate; and (2) the Committee on Armed Services and the Committee on the Judiciary of the House of Representatives. Passed the House of Representatives November 6, 2007. Attest: LORRAINE C. MILLER, Clerk. | Kendell Frederick Citizenship Assistance Act - Directs the Secretary of Homeland Security (Secretary) to use the fingerprints provided by an individual at the time of military enlistment to satisfy any naturalization fingerprint requirements if: (1) the individual may be naturalized under the Immigration and Nationality Act; (2) the individual was fingerprinted in accordance with Department of Defense (DOD) requirements; (3) the individual submits a naturalization application within 24 months of enlistment; and (4) the Secretary determines that the fingerprints are sufficient to adjudicate the naturalization application. Directs the Secretary to inform military naturalization applicants of their choice to provide new fingerprints if such submission would result in more timely and effective naturalization adjudication. Provides for cooperation between the Secretary and the Secretary of Defense to determine an appropriate fingerprint format. Directs the Secretary to update Department of Homeland Security (DHS) websites within 30 days of any change in naturalization law or regulation affecting members of the Armed Forces. Directs the Comptroller General to: (1) report to the congressional defense and judiciary committees on the naturalization application process for members of the Armed Forces; and (2) conduct a study of this Act's implementation by the Secretaries of Homeland Security and Defense. |
SECTION 1. LIQUIDATION OR RELIQUIDATION OF CERTAIN ENTRIES OF TRUCK TIRES ENTERED ON OR AFTER NOVEMBER 3, 2004, AND ON OR BEFORE SEPTEMBER 14, 2005. (a) Liquidation or Reliquidation Required.--Notwithstanding sections 514 and 520 of the Tariff Act of 1930 (19 U.S.C. 1514 and 1520), or any other provision of law, U.S. Customs and Border Protection shall, not later than 180 days after the date of the enactment of this Act-- (1) liquidate or reliquidate as free of duty each entry described in subsection (b) containing any merchandise which, at the time of original liquidation, was merchandise eligible for duty-free treatment under title V of the Trade Act of 1974 (19 U.S.C. 2461 et seq.); and (2) refund any duties and interest paid on such entries. (b) Affected Entries.--The entries referred to in subsection (a) are the following: ---------------------------------------------------------------------------------------------------------------- Port Code Entry Number Date of Entry ---------------------------------------------------------------------------------------------------------------- 2704 EA1-0153651-7 11/03/2004 ---------------------------------------------------------------------------------------------------------------- 2704 EA1-0153788-7 10/10/2004 ---------------------------------------------------------------------------------------------------------------- 2704 EA1-0154063-4 11/24/2004 ---------------------------------------------------------------------------------------------------------------- 2704 EA1-0154174-9 12/01/2004 ---------------------------------------------------------------------------------------------------------------- 2704 EA1-0154298-6 12/08/2004 ---------------------------------------------------------------------------------------------------------------- 2704 EA1-0154438-8 12/15/2004 ---------------------------------------------------------------------------------------------------------------- 2704 EA1-0154567-4 12/22/2004 ---------------------------------------------------------------------------------------------------------------- 2704 EA1-0154675-5 12/29/2004 ---------------------------------------------------------------------------------------------------------------- 2704 EA1-0154802-5 01/05/2005 ---------------------------------------------------------------------------------------------------------------- 2704 EA1-0154944-5 01/12/2005 ---------------------------------------------------------------------------------------------------------------- 2704 EA1-0155108-6 01/19/2005 ---------------------------------------------------------------------------------------------------------------- 2704 EA1-0155204-3 01/26/2005 ---------------------------------------------------------------------------------------------------------------- 2704 EA1-0155329-8 02/02/2005 ---------------------------------------------------------------------------------------------------------------- 2704 EA1-0155440-3 02/09/2005 ---------------------------------------------------------------------------------------------------------------- 2704 EA1-0155577-2 02/16/2005 ---------------------------------------------------------------------------------------------------------------- 2704 EA1-0155668-9 02/23/2005 ---------------------------------------------------------------------------------------------------------------- 2704 EA1-0155775-2 03/04/2005 ---------------------------------------------------------------------------------------------------------------- 2704 EA1-0155838-8 03/09/2005 ---------------------------------------------------------------------------------------------------------------- 2704 EA1-0155933-7 03/16/2005 ---------------------------------------------------------------------------------------------------------------- 2704 EA1-0156034-3 03/23/2005 ---------------------------------------------------------------------------------------------------------------- 2704 EA1-0156298-4 04/06/2005 ---------------------------------------------------------------------------------------------------------------- 2704 EA1-0156435-2 04/14/2005 ---------------------------------------------------------------------------------------------------------------- 2704 EA1-0156536-7 04/20/2005 ---------------------------------------------------------------------------------------------------------------- 2704 EA1-0156651-4 04/27/2005 ---------------------------------------------------------------------------------------------------------------- 2704 EA1-0156804-9 05/04/2005 ---------------------------------------------------------------------------------------------------------------- 2704 EA1-0156935-1 05/11/2005 ---------------------------------------------------------------------------------------------------------------- 2704 EA1-0157087-0 05/18/2005 ---------------------------------------------------------------------------------------------------------------- 2704 EA1-0157220-7 05/25/2005 ---------------------------------------------------------------------------------------------------------------- 2704 EA1-0157347-8 06/01/2005 ---------------------------------------------------------------------------------------------------------------- 2704 EA1-0157475-7 06/08/2005 ---------------------------------------------------------------------------------------------------------------- 2704 EA1-0157605-9 06/15/2005 ---------------------------------------------------------------------------------------------------------------- 2704 EA1-0157739-6 06/22/2005 ---------------------------------------------------------------------------------------------------------------- 2704 EA1-0157892-3 06/29/2005 ---------------------------------------------------------------------------------------------------------------- 2704 EA1-0158016-8 07/06/2005 ---------------------------------------------------------------------------------------------------------------- 2704 EA1-0158147-1 07/13/2005 ---------------------------------------------------------------------------------------------------------------- 2704 EA1-0158282-6 07/20/2005 ---------------------------------------------------------------------------------------------------------------- 2704 EA1-0158393-1 07/27/2005 ---------------------------------------------------------------------------------------------------------------- 2704 EA1-0158567-0 08/03/2005 ---------------------------------------------------------------------------------------------------------------- 2704 EA1-0158669-4 08/10/2005 ---------------------------------------------------------------------------------------------------------------- 2704 EA1-0158847-6 08/17/2005 ---------------------------------------------------------------------------------------------------------------- 2704 EA1-0158996-1 08/24/2005 ---------------------------------------------------------------------------------------------------------------- 2704 EA1-0159133-0 09/07/2005 ---------------------------------------------------------------------------------------------------------------- 2704 EA1-0159264-3 09/07/2005 ---------------------------------------------------------------------------------------------------------------- 2704 EA1-0159407-8 09/14/2005. ---------------------------------------------------------------------------------------------------------------- | Provides for the liquidation or reliquidation of, and refund of any duties and interest paid on, certain entries of truck tires. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Point Reyes National Seashore Farmland Protection Act of 1997''. SEC. 2. PURPOSES. The purposes of this Act are to-- (1) protect the pastoral nature of the land adjacent to the Point Reyes National Seashore from development that would be incompatible with the character, integrity, and visitor experience of the park; (2) create a model public/private partnership among the Federal, State, and local governments, as well as organizations and citizens that will preserve and enhance the historic agricultural lands along Tomales and Bodega Bay Watersheds; (3) protect the substantial Federal investment in Point Reyes National Seashore by furnishing watershed and environmental protection and maintaining the relatively undeveloped nature of the land surrounding Tomales and Bodega Bays; and (4) preserve productive long-term agriculture and aquaculture in Marin and Sonoma Counties, primarily by maintaining the land in private ownership restricted by conservation easements. SEC. 3. ADDITION OF FARMLAND PROTECTION AREA TO POINT REYES NATIONAL SEASHORE AND ACQUISITION OF DEVELOPMENT RIGHTS. (a) Addition.--Section 2 of the Act entitled ``An Act to establish the Point Reyes National Seashore in the State of California, and for other purposes'' (16 U.S.C. 459c-1) is amended by adding at the end the following: ``(c) The Point Reyes National Seashore shall also include the Farmland Protection Area depicted on the map numbered 612/60,163 and dated July, 1995. Such map shall be on file and available for public inspection in the Offices of the National Park Service, Department of the Interior, Washington, District of Columbia. ``(d) Within the Farmland Protection Area depicted on the map referred to in section 2(c) of this Act the primary objective shall be to maintain agricultural land in private ownership protected from nonagricultural development by conservation easements.'' (b) Authority for Farmland Acquisition and Management.--Section 3 of such Act (16 U.S.C. 459c-2) is amended by adding at the end the following: ``(d)(1) Notwithstanding subsections (a) through (c) of this section, the Secretary, to encourage continued agricultural use, may acquire lands or interests in lands from the owners of such lands within the Farmland Protection Area depicted on the map referred to in section 2(c) of this Act. Except as provided in paragraph (3), lands and interests in lands may only be acquired under this subsection by donation, purchase with donated or appropriated funds, or exchange. Lands acquired under this subsection by exchange may be exchanged for lands located outside of the State of California, notwithstanding section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)). ``(2)(A) The Secretary shall give priority to (i) acquiring interests in lands through the purchase of development rights and conservation easements, (ii) acquiring lands and interests therein from nonprofit corporations operating primarily for conservation purposes, and (iii) acquiring lands and interests therein by donation or exchange. ``(B) The Secretary shall not acquire any conservation easements on land within the Farmland Protection Area from nonprofit organizations which were acquired by such nonprofit organizations prior to January 1, 1997. ``(C) For the purpose of managing, in the most cost effective manner, interests in lands acquired under this subsection, and for the purpose of maintaining continuity with lands that have existing easements, the Secretary shall enter into cooperative agreements with public agencies or nonprofit organizations having substantial experience holding, monitoring, and managing conservation easements on agricultural land in the region, such as the Marin Agricultural Land Trust, the Sonoma County Agricultural Preservation and Open Space District, and the Sonoma Land Trust. ``(3)(A) Within the boundaries of the Farmland Protection Area depicted on the map referred to in section 2(c), absent an acquisition of privately owned lands or interests therein by the United States, nothing in this Act shall authorize any Federal agency or official to regulate the use or enjoyment of privately owned lands, including lands currently subject to easements held by the Marin Agricultural Land Trust, the Sonoma County Agricultural Preservation and Open Space District, and the Sonoma Land Trust, and such privately owned lands shall continue under the jurisdiction of the State and political subdivisions within which they are located. ``(B) The Secretary may permit, or lease, lands acquired in fee under this subsection. Any such permit or lease shall be subject to such conditions and restrictions as the Secretary deems necessary to assure the continued agricultural use of such lands in a manner compatible with the purposes of the Point Reyes National Seashore Farmland Protection Act of 1997. Notwithstanding any other provision of law, revenues derived from any such permit, or lease, may be retained by the Secretary, and such revenues shall be available, without further appropriation, for expenditure to further the goals and objectives of agricultural preservation within the boundaries of the area depicted on the map referred to in section 2(c). ``(C) Lands, and interests in lands, within the area depicted on the map referred to in section 2(c) of this Act which are owned by the State of California, or any political subdivision thereof, may be acquired only by donation or exchange. ``(4) Section 5 shall not apply with respect to lands and interests in lands acquired under this subsection.''. (c) Authorization of Appropriations.--Section 9 of such Act (16 U.S.C. 459c-7) is amended by adding at the end the following: ``In addition to the sums authorized to be appropriated by this section before the enactment of the Point Reyes National Seashore Farmland Protection Act of 1997, there is authorized to be appropriated $30,000,000 to be used on a matching basis to acquire lands and interests in lands under section 3(d). The Federal share of the costs for acquiring land and interests in lands under section 3(d) shall be one half of the total costs of such acquisition. The non-Federal share of such acquisition costs may be in the form of property, monies, services, or in-kind contributions, fairly valued. For such purposes, any lands or interests in lands that are within the boundaries of the area depicted on the map referred to in section 2(c), that are currently held under a conservation easement by the Marin Agricultural Land Trust, the Sonoma County Agricultural Preservation and Open Space District, the Sonoma Land Trust, or any other land protection agency or by the State of California or any political subdivision thereof shall be considered a matching contribution from non-Federal sources in an amount equal to the fair market value of such lands or interests in land, as determined by the Secretary.''. | Point Reyes National Seashore Farmland Protection Act of 1997 - Amends Federal law to include the Farmland Protection Area in the Point Reyes National Seashore, California, with the primary objective being to protect private agricultural land from nonagricultural development by conservation easements. Authorizes the Secretary of Agriculture to make farmland acquisitions within the Area. Authorizes appropriations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Promoting Cross-Border Energy Infrastructure Act''. SEC. 2. APPROVAL FOR BORDER-CROSSING FACILITIES. (a) Authorization of Certain Energy Infrastructure Projects at an International Boundary of the United States.-- (1) Authorization.--Except as provided in paragraph (3) and subsection (e), no person may construct, connect, operate, or maintain a border-crossing facility for the import or export of oil or natural gas, or the transmission of electricity, across an international border of the United States without obtaining a certificate of crossing for the border-crossing facility under this subsection. (2) Certificate of crossing.-- (A) Requirement.--Not later than 120 days after final action is taken, by the relevant official or agency identified under subparagraph (B), under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to a border-crossing facility for which a person requests a certificate of crossing under this subsection, the relevant official or agency, in consultation with appropriate Federal agencies, shall issue a certificate of crossing for the border-crossing facility unless the relevant official or agency finds that the construction, connection, operation, or maintenance of the border-crossing facility is not in the public interest of the United States. (B) Relevant official or agency.--The relevant official or agency referred to in subparagraph (A) is-- (i) the Federal Energy Regulatory Commission with respect to border-crossing facilities consisting of oil or natural gas pipelines; and (ii) the Secretary of Energy with respect to border-crossing facilities consisting of electric transmission facilities. (C) Additional requirement for electric transmission facilities.--In the case of a request for a certificate of crossing for a border-crossing facility consisting of an electric transmission facility, the Secretary of Energy shall require, as a condition of issuing the certificate of crossing under subparagraph (A), that the border-crossing facility be constructed, connected, operated, or maintained consistent with all applicable policies and standards of-- (i) the Electric Reliability Organization and the applicable regional entity; and (ii) any Regional Transmission Organization or Independent System Operator with operational or functional control over the border-crossing facility. (3) Exclusions.--This subsection shall not apply to any construction, connection, operation, or maintenance of a border-crossing facility for the import or export of oil or natural gas, or the transmission of electricity-- (A) if the border-crossing facility is operating for such import, export, or transmission as of the date of enactment of this Act; (B) if a permit described in subsection (d) for the construction, connection, operation, or maintenance has been issued; or (C) if an application for a permit described in subsection (d) for the construction, connection, operation, or maintenance is pending on the date of enactment of this Act, until the earlier of-- (i) the date on which such application is denied; or (ii) two years after the date of enactment of this Act, if such a permit has not been issued by such date. (4) Effect of other laws.-- (A) Application to projects.--Nothing in this subsection or subsection (e) shall affect the application of any other Federal statute to a project for which a certificate of crossing for a border- crossing facility is requested under this subsection. (B) Natural gas act.--Nothing in this subsection or subsection (e) shall affect the requirement to obtain approval or authorization under sections 3 and 7 of the Natural Gas Act for the siting, construction, or operation of any facility to import or export natural gas. (C) Oil pipelines.--Nothing in this subsection or subsection (e) shall affect the authority of the Federal Energy Regulatory Commission with respect to oil pipelines under section 60502 of title 49, United States Code. (D) Scope of nepa review.--Nothing in this Act, or the amendments made by this Act, shall affect the scope of any review required to be conducted under section 102 of the National Environmental Policy Act of 1969 with respect to a project for which a certificate of crossing for a border-crossing facility is requested under this subsection. (b) Importation or Exportation of Natural Gas to Canada and Mexico.--Section 3(c) of the Natural Gas Act (15 U.S.C. 717b(c)) is amended by adding at the end the following: ``In the case of an application for the importation of natural gas from, or the exportation of natural gas to, Canada or Mexico, the Commission shall grant the application not later than 30 days after the date on which the Commission receives the complete application.''. (c) Transmission of Electric Energy to Canada and Mexico.-- (1) Repeal of requirement to secure order.--Section 202(e) of the Federal Power Act (16 U.S.C. 824a(e)) is repealed. (2) Conforming amendments.-- (A) State regulations.--Section 202(f) of the Federal Power Act (16 U.S.C. 824a(f)) is amended by striking ``insofar as such State regulation does not conflict with the exercise of the Commission's powers under or relating to subsection 202(e)''. (B) Seasonal diversity electricity exchange.-- Section 602(b) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 824a-4(b)) is amended by striking ``the Commission has conducted hearings and made the findings required under section 202(e) of the Federal Power Act'' and all that follows through the period at the end and inserting ``the Secretary has conducted hearings and finds that the proposed transmission facilities would not impair the sufficiency of electric supply within the United States or would not impede or tend to impede the coordination in the public interest of facilities subject to the jurisdiction of the Secretary.''. (d) No Presidential Permit Required.--No Presidential permit (or similar permit) required under Executive Order No. 13337 (3 U.S.C. 301 note), Executive Order No. 11423 (3 U.S.C. 301 note), section 301 of title 3, United States Code, Executive Order No. 12038, Executive Order No. 10485, or any other Executive order shall be necessary for the construction, connection, operation, or maintenance of an oil or natural gas pipeline or electric transmission facility, or any border- crossing facility thereof. (e) Modifications to Existing Projects.--No certificate of crossing under subsection (a), or permit described in subsection (d), shall be required for a modification to-- (1) an oil or natural gas pipeline or electric transmission facility that is operating for the import or export of oil or natural gas or the transmission of electricity as of the date of enactment of this Act; (2) an oil or natural gas pipeline or electric transmission facility for which a permit described in subsection (d) has been issued; or (3) a border-crossing facility for which a certificate of crossing has previously been issued under subsection (a). (f) Effective Date; Rulemaking Deadlines.-- (1) Effective date.--Subsections (a) through (e), and the amendments made by such subsections, shall take effect on the date that is 1 year after the date of enactment of this Act. (2) Rulemaking deadlines.--Each relevant official or agency described in subsection (a)(2)(B) shall-- (A) not later than 180 days after the date of enactment of this Act, publish in the Federal Register notice of a proposed rulemaking to carry out the applicable requirements of subsection (a); and (B) not later than 1 year after the date of enactment of this Act, publish in the Federal Register a final rule to carry out the applicable requirements of subsection (a). (g) Definitions.--In this section-- (1) the term ``border-crossing facility'' means the portion of an oil or natural gas pipeline or electric transmission facility that is located at an international boundary of the United States; (2) the term ``modification'' includes a reversal of flow direction, change in ownership, change in flow volume, addition or removal of an interconnection, or an adjustment to maintain flow (such as a reduction or increase in the number of pump or compressor stations); (3) the term ``natural gas'' has the meaning given that term in section 2 of the Natural Gas Act (15 U.S.C. 717a); (4) the term ``oil'' means petroleum or a petroleum product; (5) the terms ``Electric Reliability Organization'' and ``regional entity'' have the meanings given those terms in section 215 of the Federal Power Act (16 U.S.C. 824o); and (6) the terms ``Independent System Operator'' and ``Regional Transmission Organization'' have the meanings given those terms in section 3 of the Federal Power Act (16 U.S.C. 796). Passed the House of Representatives July 19, 2017. Attest: KAREN L. HAAS, Clerk. | Promoting Cross-Border Energy Infrastructure Act (Sec.2)This bill prohibits any person from constructing, connecting, operating, or maintaining a border-crossing facility for the import or export of oil, natural gas, or electricity across an international border of the United States without obtaining a certificate of crossing. The Federal Energy Regulatory Commission (FERC), with respect to oil or natural gas pipelines, or the Department of Energy (DOE), with respect to electric transmission facilities, must issue a certificate of crossing for the border-crossing facility within 120 days after final action is taken under the National Environmental Policy Act of 1969, unless it is not in the public interest. DOE, as a condition of issuing a certificate, must require that the border-crossing facility be constructed, connected, operated, or maintained consistent with specified policies and standards of: (1)the Electric Reliability Organization and applicable regional entity, and (2)the Regional Transmission Organization or Independent System Operator with operational or functional control over the border-crossing facility. The bill amends the Natural Gas Act to require FERC to approve within 30 days after receipt any application for the importation or exportation of natural gas to or from Canada or Mexico. No presidential permit as required under specified executive orders shall be necessary for the construction, connection, operation, or maintenance of an oil or natural gas pipeline or electric transmission facility, including any border-crossing facility. No certificate of crossing shall be required for a modification to an existing facility that is operating for the import or export of oil, natural gas, or electricity prior to the enactment of this bill. FERC and DOE must publish a final rule in the Federal Register within one year to carry out the requirements of this bill. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Family-Owned Business Multiemployer Pension Correction Act of 2017''. SEC. 2. WITHDRAWAL BY CERTAIN SMALL EMPLOYERS FROM MULTIEMPLOYER PLANS IN CONNECTION WITH ESTABLISHMENT OF A COLLECTIVELY BARGAINED PLAN. (a) Determination of Eligibility.-- (1) Period for making application.--Not later than 90 days after the date of the enactment of this Act, the Secretary of the Treasury shall establish a program under which covered small employers may, during the 1-year period beginning 6 months after the date that the Secretary establishes such program, apply to have the Secretary determine the eligibility of such employer for the benefits of subsection (d) with respect to a multiemployer plan. (2) Deadline for determination.--Not later than 90 days after the close of the 1-year period described in paragraph (1), the Secretary shall notify each covered small employer which applied under such program of whether such employer is eligible for the benefits of subsection (d) with respect to the multiemployer plan to which the employer's application relates. (b) Application.-- (1) Contents of application.--Any application of a covered small employer submitted under subsection (a)(1) shall include-- (A) the name of such employer, (B) the multiemployer plan with respect to which such application relates, (C) the total plan liabilities of such plan determined as of the close of the last plan year ending before the date of such application, (D) the portion of the total plan liabilities of such plan which are properly attributable to plan participants with respect to which such employer is required to contribute to such plan determined as of the close of the plan year referred to in subparagraph (C), (E) the amounts described in paragraphs (C) and (D) which are projected (on the basis of reasonable actuarial assumptions) to be determined as of the close of each of the 2 plan years succeeding the plan year referred to in subparagraph (C), (F) the address of each separate business location of such employer at which plan participants are employed by such employer, (G) the highest number of such plan participants so employed at each such separate business location on any time during the 3-year period ending on the date of such application, and (H) such other information as the Secretary may require. (2) User fees.--An application submitted by an employer under subsection (a)(1) shall be treated as described in section 7528(a)(2) of the Internal Revenue Code of 1986 and the user fee imposed with respect to each such application shall be $1,000 multiplied by the number of separate business locations of such employer at which plan participants are employed by such employer. (3) Additional information.--The Secretary may request such additional information after submission of the application described in paragraph (1) as the Secretary may require for purposes of determining the employer's eligibility for the benefits of subsection (d). (c) Standard for Making Eligibility Determination.-- (1) In general.--The Secretary shall not determine that any covered small employer making application for the benefits of subsection (d) with respect to any multiemployer plan is eligible for such benefits unless the Secretary determines that the aggregate affected plan liabilities of such plan do not exceed 1 percent of the total plan liabilities of such plan with respect to any of the 3 plan years beginning with the plan year referred to in subsection (b)(1)(C) (determined as of the close of each such year). (2) Aggregate affected plan liabilities.--For purposes of paragraph (1), the term ``aggregate affected plan liabilities'' means, with respect to any multiemployer plan, the aggregate plan liabilities of such plan which are properly attributable to plan participants with respect to one more employers who applied for the benefits of subsection (d) with respect to such plan. (d) Limitation on Withdrawal Liability.-- (1) In general.--In the case of a covered small employer which-- (A) is determined by the Secretary to be eligible for the benefits of this subsection with respect to a multiemployer plan to which such employer is required to contribute, and (B) is required to contribute (as determined by the Pension Benefit Guaranty Corporation, in consultation with the Secretary, immediately after the employer's withdrawal from such multiemployer plan) to a collectively bargained plan the plan participants of which include all of the plan participants of such multiemployer plan who were accruing benefits with respect to such employer under such multiemployer plan immediately before such withdrawal, section 4225(a) of the Employee Retirement Income Security Act of 1974 shall apply to such employer in the same manner as such section applies in the case of a bona fide sale of substantially all of the employer's assets in an arm's length transaction to an unrelated party. (2) Application.--For purposes of title IV of the Employee Retirement Income Security Act of 1974, a determination of withdrawal liability pursuant to paragraph (1) shall be treated as a determination made under such title. (3) Time limitation.--Paragraph (1) shall not apply with respect to any withdrawal from a multiemployer plan by a covered small employer if the date of such of withdrawal is more than 3 years after the date of the notice described in subsection (a)(2). (e) Definitions.-- (1) Covered small employer.--The term ``covered small employer'' means an employer-- (A) that is described in the North American Industry Classification System industry sector for retail trade; and (B) that does not employ more than 100 plan participants at any separate business location on any day during the 3-year period ending on the date of the application referred to in subsection (b). (2) Multiemployer plan.--The term ``multiemployer plan'' has the meaning given such term in section 4001 of the Employee Retirement Income Security Act of 1974. (3) Collectively bargained plan.--The term ``collectively bargained plan'' means a plan maintained pursuant to one or more collective bargaining agreements between employee representatives and one or more employers. (4) Secretary of the treasury.--The terms ``Secretary of the Treasury'' and ``Secretary'' both mean the Secretary of the Treasury (or his delegate), after consultation with the Secretary of Labor and the Pension Benefit Guaranty Corporation. | Family-Owned Business Multiemployer Pension Correction Act of 2017 This bill directs the Department of the Treasury to establish a program to limit the liability of retail employers who do not employ more than 100 employees who are multiemployer pension plan participants (covered small employer) for withdrawing from a multiemployer pension plan to begin making contributions to a collectively bargained plan. A covered small employer is not eligible for such benefit unless Treasury determines that the affected multiemployer plan liabilities do not exceed 1% of total plan liabilities during a specified 3-year period. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Deficit Reduction Lock-box Act of 1995''. SEC. 2. DEFICIT REDUCTION LOCK-BOX LEDGER. (a) Establishment of Ledger.--Title III of the Congressional Budget Act of 1974 is amended by adding at the end the following new section: ``deficit reduction lock-box ledger ``Sec. 314. (a) Establishment of Ledger.--The Director of the Congressional Budget Office (hereinafter in this section referred to as the ``Director'') shall maintain a ledger to be known as the ``Deficit Reduction Lock-box Ledger''. The Ledger shall be divided into entries corresponding to the subcommittees of the Committees on Appropriations. Each entry shall consist of three parts: the `House Lock-box Balance'; the `Senate Lock-box Balance'; and the `Joint House-Senate Lock-box Balance'. ``(b) Components of Ledger.--Each component in an entry shall consist only of amounts credited to it under subsection (c). No entry of a negative amount shall be made. ``(c) Credit of Amounts to Ledger.--(1) The Director shall, upon the engrossment of any appropriation bill by the House of Representatives and upon the engrossment of that bill by the Senate, credit to the applicable entry balance of that House amounts of new budget authority and outlays equal to the net amounts of reductions in new budget authority and in outlays resulting from amendments agreed to by that House to that bill. ``(2) The Director shall, upon the engrossment of Senate amendments to any appropriation bill, credit to the applicable Joint House-Senate Lock-box Balance the amounts of new budget authority and outlays equal to-- ``(A) an amount equal to one-half of the sum of (i) the amount of new budget authority in the House Lock-box Balance plus (ii) the amount of new budget authority in the Senate Lock-box Balance for that bill; and ``(B) an amount equal to one-half of the sum of (i) the amount of outlays in the House Lock-box Balance plus (ii) the amount of outlays in the Senate Lock-box Balance for that bill. ``(3) Calculation of Lock-Box Savings in Senate.--For purposes of calculating under this section the net amounts of reductions in new budget authority and in outlays resulting from amendments agreed to by the Senate on an appropriation bill, the amendments reported to the Senate by its Committee on Appropriations shall be considered to be part of the original text of the bill. ``(d) Definition.--As used in this section, the term `appropriation bill' means any general or special appropriation bill, and any bill or joint resolution making supplemental, deficiency, or continuing appropriations through the end of a fiscal year.''. (b) Conforming Amendment.--The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after the item relating to section 313 the following new item: ``Sec. 314. Deficit reduction lock-box ledger.''. SEC. 3. TALLY DURING HOUSE CONSIDERATION. There shall be available to Members in the House of Representatives during consideration of any appropriations bill by the House a running tally of the amendments adopted reflecting increases and decreases of budget authority in the bill as reported. SEC. 4. DOWNWARD ADJUSTMENT OF 602(a) ALLOCATIONS AND SECTION 602(b) SUBALLOCATIONS. (a) Allocations.--Section 602(a) of the Congressional Budget Act of 1974 is amended by adding at the end the following new paragraph: ``(5) Upon the engrossment of Senate amendments to any appropriation bill (as defined in section 314(d)) for a fiscal year, the amounts allocated under paragraph (1) or (2) to the Committee on Appropriations of each House upon the adoption of the most recent concurrent resolution on the budget for that fiscal year shall be adjusted downward by the amounts credited to the applicable Joint House-Senate Lock-box Balance under section 314(c)(2). The revised levels of budget authority and outlays shall be submitted to each House by the chairman of the Committee on the Budget of that House and shall be printed in the Congressional Record.''. (b) Suballocations.--Section 602(b)(1) of the Congressional Budget Act of 1974 is amended by adding at the end the following new sentence: ``Whenever an adjustment is made under subsection (a)(5) to an allocation under that subsection, the chairman of the Committee on Appropriations of each House shall make downward adjustments in the most recent suballocations of new budget authority and outlays under subparagraph (A) to the appropriate subcommittees of that committee in the total amounts of those adjustments under section 314(c)(2). The revised suballocations shall be submitted to each House by the chairman of the Committee on Appropriations of that House and shall be printed in the Congressional Record.''. SEC. 5. PERIODIC REPORTING OF LEDGER STATEMENTS. Section 308(b)(1) of the Congressional Budget Act of 1974 is amended by adding at the end the following new sentence: ``Such reports shall also include an up-to-date tabulation of the amounts contained in the ledger and each entry established by section 314(a).''. SEC. 6. DOWNWARD ADJUSTMENT OF DISCRETIONARY SPENDING LIMITS. The discretionary spending limits for new budget authority and outlays for any fiscal year set forth in section 601(a)(2) of the Congressional Budget Act of 1974, as adjusted in strict conformance with section 251 of the Balanced Budget and Emergency Deficit Control Act of 1985, shall be reduced by the amounts set forth in the final regular appropriation bill for that fiscal year or joint resolution making continuing appropriations through the end of that fiscal year. Those amounts shall be the sums of the Joint House-Senate Lock-box Balances for that fiscal year, as calculated under section 602(a)(5) of the Congressional Budget Act of 1974. That bill or joint resolution shall contain the following statement of law: ``As required by section 6 of the Deficit Reduction Lock-box Act of 1995, for fiscal year [insert appropriate fiscal year] and each outyear, the adjusted discretionary spending limit for new budget authority shall be reduced by $ [insert appropriate amount of reduction] and the adjusted discretionary limit for outlays shall be reduced by $ [insert appropriate amount of reduction] for the budget year and each outyear.'' Notwithstanding section 904(c) of the Congressional Budget Act of 1974, section 306 of that Act as it applies to this statement shall be waived. This adjustment shall be reflected in reports under sections 254(g) and 254(h) of the Balanced Budget and Emergency Deficit Control Act of 1985. SEC. 7. EFFECTIVE DATE. (a) In General.--This Act shall apply to all appropriation bills making appropriations for fiscal year 1996 or any subsequent fiscal year. (b) FY96 Application.--In the case of any appropriation bill for fiscal year 1996 engrossed by the House of Representatives after August 4, 1995 and before the date of enactment of this bill, the Director of the Congressional Budget Office, the Director of the Office of Management and Budget, and the Committees on Appropriations and the Committees on the Budget of the House of Representatives and of the Senate shall, within 10 calendar days after that date of enactment of this Act, carry out the duties required by this Act and amendments made by it that occur after the date this Act was engrossed by the House of Representatives. (c) FY96 Allocations.--The duties of the Director of the Congressional Budget Office and of the Committees on the Budget and on Appropriations of the House of Representatives pursuant to this Act and the amendments made by it regarding appropriation bills for fiscal year 1996 shall be based upon the revised section 602(a) allocations in effect on August 4, 1995. (d) Definition.--As used in this section, the term ``appropriation bill'' means any general or special appropriation bill, and any bill or joint resolution making supplemental, deficiency, or continuing appropriations through the end of a fiscal year. Passed the House of Representatives September 13, 1995. Attest: Clerk. | Deficit Reduction Lock-box Act of 1995 - Amends the Congressional Budget Act of 1974 to require the Director of the Congressional Budget Office to maintain a Deficit Reduction Lock-box Ledger which shall be divided into entries corresponding to the subcommittees of the Committees on Appropriations. Requires each entry to consist of three parts: (1) the House Lock-box Balance; (2) the Senate Lock-box Balance; and (3) the Joint House-Senate Lock-box Balance. Requires the Director of the Congressional Budget Office, upon the engrossment of any appropriation bill by the House of Representatives and upon the engrossment of that bill by the Senate, to credit to the applicable entry balance of that House amounts of new budget authority and outlays equal to the net amounts of reductions in new budget authority and in outlays resulting from amendments agreed to by that House to that bill. Specifies the amounts to be credited to the Joint House- Senate Lock-box Balance. (Sec. 3) Requires a running tally to be available to Members of the House of Representatives, during the consideration of any appropriations bill by the House, of the amendments reflecting increases and decreases of budget authority in such bill as reported. (Sec. 4) Provides for the downward adjustment of: (1) allocations for the House and Senate upon the engrossment of Senate amendments to any appropriation bill; and (2) suballocations, whenever a such a downward adjustment is made to an allocation. (Sec. 5) Requires the Director of the Congressional Budget Office to include an up-to-date tabulation of the amounts contained in the Deficit Reduction Lock-box Ledger and each entry in periodic reports. (Sec. 6) Provides for the downward adjustment of discretionary spending limits. (Sec. 7) Makes this Act applicable to all appropriation bills making appropriations for FY 1996 or any subsequent fiscal years. Makes special retroactive provisions for any appropriation bill for FY 1996 engrossed by the House after August 4, 1995, but before the enactment of this bill. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Promoting Healthy Eating Behaviors in Youth Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Anorexia Nervosa is an eating disorder characterized by self-starvation and excessive weight loss. (2) Anorexia Nervosa is common: an estimated .5 to 3.7 percent of American women will suffer from this disorder in their lifetime. (3) Anorexia Nervosa is associated with serious health consequences including heart failure, kidney failure, osteoporosis, and death. (4) Anorexia Nervosa has the highest mortality rate of all psychiatric disorders. A young woman is 12 times more likely to die than other women her age without Anorexia. (5) Anorexia Nervosa usually appears in adolescence. (6) Bulimia Nervosa is an eating disorder characterized by excessive food consumption followed by inappropriate compensatory behaviors, such as self-induced vomiting, misuse of laxatives, fasting, or excessive exercise. (7) Bulimia Nervosa is common: an estimated 1.1 to 4.2 percent of American women will suffer from this disorder in their lifetime. (8) Bulimia Nervosa is associated with cardiac, gastrointestinal, and dental problems including irregular heartbeats, gastric rupture, peptic ulcer, and tooth decay. (9) Bulimia Nervosa usually appears in adolescence. (10) On the 1999 Youth Risk Behavior Survey, 7.5 percent of high school girls reported recent use of laxatives or vomiting to control their weight. (11) Binge Eating Disorder is characterized by frequent episodes of uncontrolled overeating. (12) Binge Eating Disorder is common: an estimated 2 to 5 percent of Americans experience this disorder in a 6-month period. (13) Binge Eating is associated with obesity, heart disease, gall bladder disease, and diabetes. (14) Eating disorders are commonly associated with substantial psychological problems, including depression, substance abuse, and suicide. (15) Obesity is reaching epidemic proportions: 27 percent of United States adults are obese and 13 percent of children and 14 percent of adolescents are seriously overweight. (16) Poor eating habits have led to a ``calcium crisis'' among American youth: only 13.5 percent of adolescent girls get the recommended daily amount of calcium, placing them at serious risk for osteoporosis and other bone diseases. Because nearly 90 percent of adult bone mass is established by the end of this age range, the Nation's youth's insufficient calcium intake is truly a calcium crisis. (17) Eating disorders of all types are more common in women than men. (18) Eating preferences and habits are established in childhood. (19) Poor eating habits are a risk factor for the development of eating disorders, obesity and osteoporosis. (20) However, simply urging overweight youth to be thin has not reduced the prevalence of obesity and may result in other problems including body dissatisfaction, low self-esteem, and eating disorders. (21) Therefore, effective interventions for promoting healthy eating behaviors in youth should promote healthy lifestyle and not inadvertently promote unhealthy weight management techniques. SEC. 3. PURPOSES. The purposes of this Act are as follows: (1) To increase preventive health activities designed to promote the development of healthy eating habits and behaviors in youth. (2) To support research to develop and test educational curricula and intervention programs aimed at promoting healthy eating habits and behaviors in youth. (3) To identify and disseminate effective intervention programs aimed at promoting healthy eating habits and behaviors in youth. SEC. 4. AMENDMENTS. (a) Use of Allotments.--Section 1904(a)(1) of the Public Health Service Act (42 U.S.C. 300w-3) is amended by adding after subparagraph (G) the following: ``(H) Activities designed to address and prevent eating disorders, obesity, and osteoporosis through effective programs to promote healthy eating and exercise habits and behaviors in youth.''. (b) Part A of title XIX of the Public Health Service Act (42 U.S.C. 300w et seq.) is amended by adding after section 1910 the following: ``SEC. 1911. GRANT PROGRAM FOR EATING DISORDERS, OBESITY, AND INADEQUATE CALCIUM INTAKE. ``(a) Program Authorized.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention (hereafter the `Director'), shall award grants or cooperative agreements to accredited universities, colleges, or nonprofit organizations with demonstrated capability to conduct research to comprehensively promote healthy eating behaviors in youth. Such grants or cooperative agreements may be awarded to target youth or specific at-risk populations, such as adolescent girls. ``(b) Duration.--Grants or cooperative agreements awarded under this section shall be awarded for a period of not more than 4 years. ``(c) Use of Funds.--A university, college, or nonprofit organization that receives a grant or cooperative agreement under this section shall use funds received to develop and test educational curricula and intervention programs designed to promote healthy eating behaviors and habits in youth, including science-based interventions with multiple components such as-- ``(1) nutritional content; ``(2) understanding and responding to hunger and satiety; ``(3) positive body image development; ``(4) positive self-esteem development; and ``(5) learning life skills, such as stress management, communication skills, problem solving and decision making skills, as well as consideration of cultural and developmental issues, and the role of family, school, and community. ``(d) In Addition.--Grants or cooperative agreements awarded under this section shall be awarded in addition to any grants awarded under section 1904. ``(e) Report.--The Director shall review the results of the grants or cooperative agreements awarded under this section and other related research and identify programs that have demonstrated effectiveness in promoting healthy eating behaviors and habits in youth. Such programs shall be referred to as ``Programs that Work''. Information about Programs that Work, including program curricula, shall be made readily available to the public. ``(f) Definition.--In this section, the term `healthy eating' means having regular eating habits, such as eating 3 meals a day to satisfy hunger, eating for nourishment, health, and energy, eating in such a manner as to acknowledge internal signals of appetite and satiety, and eating in a healthy manner in ordinary social environments to promote healthy social relationships with family, peers, and community. ``(g) Sunset.--The provisions of this section shall be effective for 5 years after the date of enactment of this section. ``(h) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $5,000,000 for fiscal year 2003, $5,500,000 for fiscal year 2004, $6,000,000 for fiscal year 2005, $6,500,000 for year 2006, and $1,000,000 for year 2007.''. | Promoting Healthy Eating Behaviors in Youth Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, to award research grants or make cooperative agreements for up to four years for the promotion of healthy eating behaviors in youth, specifically at-risk populations such as adolescent girls.Includes nutritional content, hunger and satiety, positive body image and self-esteem development, and life skills among the components of such a program.Requires the Director to evaluate the results and identify "Programs that Work" for dissemination to the public. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Shareholder Bill of Rights Act of 2009''. SEC. 2. FINDINGS. Congress finds that-- (1) among the central causes of the financial and economic crises that the United States faces today has been a widespread failure of corporate governance; (2) within too many of the Nation's most important businesses and financial institutions, both executive management and boards of directors have failed in their most basic duties, including to enact compensation policies that are linked to the long-term profitability of their institutions, to appropriately analyze and oversee enterprise risk, and most importantly, to prioritize the long-term health of their firms and their shareholders; (3) such failure has led to the loss of trillions of dollars in shareholder value, losses that have been borne by millions of Americans who are shareholders through their pension plans, 401(k) plans, and direct investments; (4) a key contributing factor to such failure was the lack of accountability of boards to their ultimate owners, the shareholders; (5) policies that serve to limit the ability of shareholders to nominate and elect board members have served to minimize the accountability of boards and management to shareholders; (6) it has always been the intent of Congress that the Securities and Exchange Commission should have full authority to determine the use of the issuer proxy with regards to the nomination and election of directors by shareholders; and (7) providing a greater voice to shareholders while not impinging on management prerogatives is in the best interests of shareholders, public corporations, and the economy as a whole. SEC. 3. SHAREHOLDER VOTE ON EXECUTIVE COMPENSATION DISCLOSURES. (a) Amendment.--The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is amended by inserting after section 14 the following new section: ``SEC. 14A. ANNUAL SHAREHOLDER APPROVAL OF EXECUTIVE COMPENSATION. ``(a) Separate Resolution Required.--Any proxy or consent or authorization for an annual or other meeting for which the proxy solicitation rules of the Commission require compensation disclosure of the shareholders occurring after the end of the 1-year period beginning on the date of enactment of this subsection, shall include a separate resolution subject to shareholder vote to approve the compensation of executives as disclosed pursuant to the compensation disclosure rules of the Commission (which disclosure shall include the compensation discussion and analysis, the compensation tables, and any related material). ``(b) Rule of Construction.--The shareholder vote referred to in subsection (a) shall not be binding on the board of directors and shall not be construed-- ``(1) as overruling a decision by such board; ``(2) to create or imply any change to the current fiduciary duties of such board; ``(3) to create or imply any additional fiduciary duty by such board; or ``(4) to restrict or limit the ability of shareholders to make proposals for inclusion in such proxy materials related to executive compensation. ``(c) Shareholder Approval of Golden Parachute Compensation.-- ``(1) Disclosure.--In any proxy solicitation material for an annual or other meeting of the shareholders occurring after the end of the 1-year period beginning on the date of enactment of this subsection, that concerns an acquisition, merger, consolidation, or proposed sale or other disposition of substantially all of the assets of an issuer, the person making such solicitation shall disclose in the proxy solicitation material, in a clear and simple form in accordance with regulations of the Commission, any agreements or understandings that such person has with any principal executive officers of such issuer (or of the acquiring issuer, if such issuer is not the acquiring issuer) concerning any type of compensation (whether present, deferred, or contingent) that are based on or are otherwise related to the acquisition, merger, consolidation, sale, or other disposition, and that have not been subject to a shareholder vote under subsection (a). ``(2) Shareholder approval.-- ``(A) In general.--The proxy solicitation material containing the disclosure required by paragraph (1) shall require a separate shareholder vote to approve such agreements or understandings. ``(B) Rule of construction.--A vote by the shareholders referred to in subparagraph (A) shall not be binding on the board of directors and shall not be construed-- ``(i) as overruling a decision by such board; ``(ii) to create or imply any change to the current fiduciary duties of such board; ``(iii) to create or imply any additional fiduciary duty by such board; or ``(iv) to restrict or limit the ability of shareholders to make proposals for inclusion in such proxy materials related to executive compensation.''. (b) Deadline for Rulemaking.--Not later than 1 year after the date of the enactment of this Act, the Securities and Exchange Commission (in this Act referred to as the ``Commission'') shall issue final rules to carry out section 14A of the Securities Exchange Act of 1934, as added by this section. SEC. 4. SHAREHOLDER INPUT IN BOARD ELECTIONS. Section 14A of the Securities Exchange Act of 1934, as added by this Act, is amended by adding at the end the following: ``(d) Confirmation of Commission Authority on Shareholder Access to Proxies for Board Nominations.-- ``(1) Commission rules.--The Commission shall establish rules relating to the use by shareholders of proxy solicitation materials supplied by the issuer for the purpose of nominating individuals to membership on the board of directors of an issuer. ``(2) Shareholder requirements.--The rules of the Commission under this paragraph relating to the use by shareholders of proxy solicitation materials supplied by the issuer for the purpose of nominating individuals to membership on the board of directors of an issuer may not provide for such use, unless the shareholder, or a group of shareholders acting by agreement, has beneficially owned, directly or indirectly, an aggregate of not less than one percent of the voting securities of the issuer for at least the 2-year period preceding the date of the next scheduled annual meeting of the issuer.''. SEC. 5. CORPORATE GOVERNANCE STANDARDS. Section 14A of the Securities Exchange Act of 1934, as added by this Act, is amended by adding at the end the following: ``(e) Corporate Governance Standards.-- ``(1) Listing standards.-- ``(A) In general.--Not later than 1 year after the date of enactment of this subsection, the Commission shall, by rule, direct the national securities exchanges and national securities associations to prohibit the listing of any security of an issuer that is not in compliance with any of the requirements of paragraphs (2) through (5), notwithstanding any other provision of law. ``(B) Opportunity to comply and cure.--The rules under this paragraph shall provide for appropriate procedures for an issuer to have an opportunity to come into compliance with the requirements of this subsection and to cure any defects that would be the basis for a prohibition under subparagraph (A), before the imposition of such prohibition. ``(C) Authority to exempt.--The Commission may, by rule or order, exempt certain issuers from any or all of the requirements of this subsection and the rules issued under this subsection, based on the size of the issuer, market capitalization, public float, number of shareholders of record, or other criteria, as the Commission deems necessary or appropriate. ``(2) Director independence.--Each issuer shall provide in governing documents or in a public statement of corporate policy that, consistent with the status of the issuer as a company having a class of equity securities that are registered under subsection (b) or (g) of section 12, the chairperson of the board of directors of the issuer-- ``(A) shall be independent, as determined in accordance with the rules of the exchange on which the securities of such issuer are listed, and otherwise by rule of the Commission; and ``(B) shall not have previously served as an executive officer of the issuer. ``(3) Annual elections required.--Each issuer shall provide in its governing documents that each member of the board of directors of the issuer shall be subject to annual election by the shareholders. Nothing in this subsection may be construed to establish a maximum period of service, or otherwise limit the terms of service, on the board of directors of an issuer. ``(4) Commission rules on elections.--In board elections-- ``(A) directors in uncontested elections shall be elected by a majority of votes cast as to each nominee; ``(B) if such election is contested, where the number of nominees exceeds the number of directors to be elected, directors shall be elected by the vote of a plurality of the shares represented at an any meeting and entitled to vote; and ``(C) if a member of the board of directors of an issuer is not elected to a new term in an uncontested election-- ``(i) such director shall tender his or her resignation to the board of directors; and ``(ii) the board of directors shall-- ``(I) accept such resignation; ``(II) determine a date on which such resignation will take effect, within a reasonable period of time, as established by the Commission; and ``(III) make that date public within a reasonable period of time. ``(5) Risk committee.-- ``(A) In general.--Each issuer shall, 1 year after the date of issuance of final rules under subparagraph (B), establish a risk committee, comprised entirely of independent directors, which shall be responsible for the establishment and evaluation of the risk management practices of the issuer. ``(B) Commission rulemaking.--The Commission shall issue final rules regarding the establishment of risk committees under this paragraph, not later than 1 year after the date of enactment of this subsection.''. | Shareholder Bill of Rights Act of 2009 - Amends the Securities Exchange Act of 1934 to require any proxy or consent or authorization for an annual or other meeting for which the proxy solicitation rules of the Securities Exchange Commission (SEC) require shareholder compensation disclosure to include a separate resolution subject to shareholder vote to approve the compensation of executives. Requires any person making a proxy solicitation concerning an acquisition, merger, consolidation, or proposed sale or other disposition of substantially all of the assets of an issuer (transaction) to disclose in the proxy solicitation material, in a clear and simple form, any agreements or understandings of that person with any of the issuer's principal executive officers concerning any type of (golden parachute) compensation based on or otherwise related to the transaction that have not been subject to a shareholder vote. Requires the proxy solicitation material for a golden parachute to require a separate shareholder vote to approve it. Directs the SEC to establish rules for the use by shareholders of issuer proxy solicitation materials for the purpose of nominating individuals to membership on the issuer's board of directors. Prohibits such rules from providing for such use, however, unless the shareholder, or a group of shareholders acting by agreement, has beneficially owned, directly or indirectly, an aggregate of at least 1% of the issuer's voting securities for at least the two-year period preceding the date of the issuer's next scheduled annual meeting. Requires the SEC to direct the national securities exchanges and national securities associations to prohibit the listing of any security of an issuer that is not in compliance with any specified requirements pertaining to director independence, mandatory annual elections, SEC rules on elections, and mandatory establishment of a risk committee to establish and evaluate the issuer's risk management practices. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Excess Uranium Transparency and Accountability Act''. SEC. 2. URANIUM TRANSFERS AND SALES. Section 3112 of the USEC Privatization Act (42 U.S.C. 2297h-10) is amended-- (1) by redesignating subsections (b) through (f) as subsections (d) through (h), respectively; (2) by striking subsection (a) and inserting the following: ``(a) Definitions.--In this section: ``(1) Depleted uranium.--The term `depleted uranium' means uranium having an assay less than the assay for-- ``(A) natural uranium; or ``(B) 0.711 percent of the uranium-235 isotope. ``(2) Highly enriched uranium.--The term `highly enriched uranium' means uranium having an assay of 20 percent or greater of the uranium-235 isotope. ``(3) Low-enriched uranium.--The term `low-enriched uranium' means uranium having an assay greater than 0.711 percent but less than 20 percent of the uranium-235 isotope. ``(4) Metric ton of uranium.--The term `metric ton of uranium' means 1,000 kilograms of uranium. ``(5) Natural uranium.--The term `natural uranium' means uranium having an assay of 0.711 percent of the uranium-235 isotope. ``(6) Off-spec uranium.--The term `off-spec uranium' means uranium in any form, including depleted uranium, highly enriched uranium, low-enriched uranium, natural uranium, UF6, and any byproduct of uranium processing, that does not meet the specification for commercial material (as defined by the standards of the American Society for Testing and Materials). ``(7) Uranium.--Other than in subsection (c), the term `uranium' includes natural uranium, uranium hexafluoride, highly enriched uranium, low-enriched uranium, depleted uranium, and any byproduct of uranium processing. ``(8) Uranium hexafluoride; uf6.--The terms `uranium hexafluoride' and `UF6' mean uranium that has been combined with fluorine, to form a compound that, dependent on temperature and pressure, can be a solid, liquid, or gas. ``(b) Transfers and Sales by the Secretary.--The Secretary shall not provide enrichment services, or transfer, sell or otherwise provide any uranium to any person except in accordance with this section. ``(c) Development of Federal Excess Uranium Management Plan.-- ``(1) In general.--Beginning on January 1, 2017, and not less frequently than once every 10 years thereafter, the Secretary shall issue a long-term Federal excess uranium inventory management plan (referred to in this section as the `plan') that details the management of the excess uranium inventories of the Department of Energy and covers a period of not fewer than 10 years. ``(2) Content.-- ``(A) In general.--The plan shall cover all forms of uranium within the excess uranium inventory of the Department of Energy, including depleted uranium, highly enriched uranium, low-enriched uranium, natural uranium, off-spec uranium, and UF6. ``(B) Reducing impact on domestic industry.--The plan shall outline steps the Secretary will take to minimize the impact of transferring, selling, or otherwise providing uranium on the domestic uranium mining, conversion, and enrichment industries, including any actions for which the Secretary would require new authority. ``(C) Maximizing benefits to the federal government.--The plan shall outline steps the Secretary shall take to ensure that the Federal Government maximizes the potential value of uranium for the Federal Government. ``(3) Proposed plan.--Before issuing the final plan, the Secretary shall publish a proposed plan in the Federal Register pursuant to a rulemaking under section 553 of title 5, United States Code. ``(4) Deadlines for submission.--The Secretary shall issue-- ``(A) a proposed plan for public comment under paragraph (3) not later than 180 days after the date of enactment of this paragraph; and ``(B) a final plan not later than 1 year after the date of enactment of this paragraph.''; (3) in subsection (d) (as redesignated by paragraph (1))-- (A) in the sixth sentence of paragraph (3), by striking ``subsections (b)(5), (b)(6) and (b)(7) of this section'' and inserting ``paragraphs (5), (6), and (7)''; and (B) in paragraph (8), by striking ``(b)''; (4) in subsection (e)(1) (as redesignated by paragraph (1)), by striking ``subsection (c)(2)'' and inserting ``paragraph (2)''; (5) in subsection (f) (as redesignated by paragraph (1))-- (A) by striking paragraph (1) and inserting the following: ``(1) In general.--Notwithstanding the transfers authorized under subsections (e) and (g), the Secretary may transfer, sell, or otherwise provide any uranium from the stockpile of the Department of Energy, subject to the following limitations: ``(A) Effective for the period of calendar years 2016 through 2023, and notwithstanding any other provision of law, the Secretary shall not transfer, sell, or otherwise provide more than 2,100 metric tons of natural uranium equivalent annually in any form, including depleted uranium, highly enriched uranium, low-enriched uranium, natural uranium, off-spec uranium, and UF6. ``(B) Effective beginning on January 1, 2024, and notwithstanding any other provision of law, the Secretary shall not transfer, sell, or otherwise provide more than 2,700 metric tons of natural uranium equivalent annually in any form, including depleted uranium, highly enriched uranium, low-enriched uranium, natural uranium, off-spec uranium, and UF6.''; (B) in paragraph (2), in the matter preceding subparagraph (A), by striking ``(2) Except as provided in subsections (b), (c), and (e)'' and inserting the following: ``(2) Determinations.--Except as provided in subsections (d), (e), and (g), and subject to paragraph (3)''; and (C) by adding at the end the following: ``(3) Requirements for determinations.-- ``(A) Proposed determination.--Before making a determination under paragraph (2)(B), the Secretary shall publish a proposed determination in the Federal Register pursuant to a rulemaking under section 553 of title 5, United States Code. ``(B) Quality of market analysis.--Any market analysis that is prepared by the Department of Energy, or that the Department of Energy commissions for the Secretary as part of the determination process under paragraph (2)(B), shall be subject to a peer review process consistent with the guidelines of the Office of Management and Budget published at 67 Fed. Reg. 8452- 8460 (February 22, 2002) (or successor guidelines), to ensure and maximize the quality, objectivity, utility, and integrity of information disseminated by Federal agencies. ``(C) Waiver of secretarial determination.-- Beginning on January 1, 2021, the requirement for a determination by the Secretary under paragraph (2)(B) shall be waived for transferring, selling, or otherwise providing uranium by the Secretary if the uranium has been identified in the updated long-term Federal excess uranium inventory management plan under subsection (c)(1).''; and (6) in subsection (g) (as redesignated by paragraph (1)), in the matter preceding paragraph (1), by striking ``(d)(2)'' and inserting ``(f)(2)''. | Excess Uranium Transparency and Accountability Act This bill amends the USEC Privatization Act governing uranium transfers and sales to require the Department of Energy (DOE) to issue, beginning January 1, 2017, and at least once every 10 years afterwards, a long-term excess uranium inventory management plan that details how all forms of excess DOE uranium inventories will be managed for a minimum period of 10 years. This management plan must outline DOE steps that will: (1) minimize the impact of DOE's transferring, selling, or otherwise providing uranium upon the domestic uranium mining, conversion, and enrichment industries; and (2) ensure that the federal government maximizes for itself the potential value of uranium. DOE may provide from its stockpile up to 2100 and up to 2700 metric tons of uranium in any form (currently, only natural and low-enriched uranium) for the periods calendar 2016-2023 and beginning January 1, 2024, respectively. Before making any determination that the sale of the material will not have an adverse material impact on the domestic uranium mining, conversion, or enrichment industry, DOE shall publish the proposed determination in the Federal Register pursuant to a rulemaking. Any market analysis prepared by or for DOE as part of the determination process shall be subject to a peer review process consistent with Office of Management and Budget guidelines. Beginning on January 1, 2021, the requirement for a DOE determination of no adverse material impact on the domestic uranium industry shall be waived for transferring, selling, or otherwise providing uranium if it has been identified in an updated long-term federal excess uranium inventory management plan. |
SECTION 1. CLARIFICATION OF CASH ACCOUNTING RULES FOR SMALL BUSINESS. (a) Cash Accounting Permitted.-- (1) In general.--Section 446 of the Internal Revenue Code of 1986 (relating to general rule for methods of accounting) is amended by adding at the end the following new subsection: ``(g) Certain Small Business Taxpayers Permitted to Use Cash Accounting Method Without Limitation.-- ``(1) In general.--An eligible taxpayer shall not be required to use an accrual method of accounting for any taxable year. ``(2) Eligible taxpayer.--For purposes of this subsection, a taxpayer is an eligible taxpayer with respect to any taxable year if-- ``(A) for all prior taxable years beginning after December 31, 2006, the taxpayer (or any predecessor) met the gross receipts test of section 448(c), and ``(B) the taxpayer is not subject to section 447 or 448.''. (2) Expansion of gross receipts test.-- (A) In general.--Paragraph (3) of section 448(b) of such Code (relating to entities with gross receipts of not more than $5,000,000) is amended by striking ``$5,000,000'' in the text and in the heading and inserting ``$10,000,000''. (B) Conforming amendments.--Section 448(c) of such Code is amended-- (i) by striking ``$5,000,000'' each place it appears in the text and in the heading of paragraph (1) and inserting ``$10,000,000'', and (ii) by adding at the end the following new paragraph: ``(4) Inflation adjustment.--In the case of any taxable year beginning in a calendar year after 2007, the dollar amount contained in subsection (b)(3) and paragraph (1) of this subsection shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, by substituting `calendar year 2006' for `calendar year 1992' in subparagraph (B) thereof. If any amount as adjusted under this subparagraph is not a multiple of $100,000, such amount shall be rounded to the nearest multiple of $100,000.''. (b) Clarification of Inventory Rules for Small Business.-- (1) In general.--Section 471 of the Internal Revenue Code of 1986 (relating to general rule for inventories) is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: ``(c) Small Business Taxpayers Not Required to Use Inventories.-- ``(1) In general.--A qualified taxpayer shall not be required to use inventories under this section for a taxable year. ``(2) Treatment of taxpayers not using inventories.--If a qualified taxpayer does not use inventories with respect to any property for any taxable year beginning after December 31, 2006, such property shall be treated as a material or supply which is not incidental. ``(3) Qualified taxpayer.--For purposes of this subsection, the term `qualified taxpayer' means-- ``(A) any eligible taxpayer (as defined in section 446(g)(2)), and ``(B) any taxpayer described in section 448(b)(3).''. (2) Conforming amendments.-- (A) Subpart D of part II of subchapter E of chapter 1 of such Code is amended by striking section 474. (B) The table of sections for subpart D of part II of subchapter E of chapter 1 of such Code is amended by striking the item relating to section 474. (c) Effective Date and Special Rules.-- (1) In general.--The amendments made by this section shall apply to taxable years beginning after December 31, 2006. (2) Change in method of accounting.--In the case of any taxpayer changing the taxpayer's method of accounting for any taxable year under the amendments made by this section-- (A) such change shall be treated as initiated by the taxpayer; (B) such change shall be treated as made with the consent of the Secretary of the Treasury; and (C) the net amount of the adjustments required to be taken into account by the taxpayer under section 481 of the Internal Revenue Code of 1986 shall be taken into account over a period (not greater than 4 taxable years) beginning with such taxable year. | Amends the Internal Revenue Code to exempt certain small business taxpayers from the requirements of using the accrual method of accounting and of using inventories. Allows such taxpayers to use a cash method of accounting if they meet the gross receipts test and are not engaged in farming as a corporation. Increases the amount of the gross receipts test to $10 million (currently, $5 million) and permits an annual inflation adjustment of that amount. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Marine Mineral Resources Research Act of 1996''. SEC. 2. RESEARCH PROGRAM. The Mining and Minerals Policy Act of 1970 (30 U.S.C. 21a) is amended-- (1) by inserting after the first section the following: ``TITLE I--MINING POLICY''; (2) by redesignating section 2 as section 101; and (3) by adding at the end the following: ``TITLE II--MARINE MINERAL RESOURCES RESEARCH PROGRAM ``SEC. 201. DEFINITIONS. ``In this title: ``(1) The term `contract' has the same meaning as `procurement contract' in section 6303 of title 31, United States Code. ``(2) The term `cooperative agreement' has the same meaning as in section 6305 of title 31, United States Code. ``(3) The term `eligible entity' means-- ``(A) a research or educational entity chartered or incorporated under Federal or State law; ``(B) an individual who is a United States citizen; or ``(C) a State or regional agency. ``(4) The term `grant' has the same meaning as `grant agreement' in section 6304 of title 31, United States Code. ``(5) The term `in-kind contribution' means a noncash contribution provided by a non-Federal entity that directly benefits and is related to a specific project or program. An in- kind contribution may include real property, equipment, supplies, other expendable property, goods, and services. ``(6) The term `marine mineral resource' means-- ``(A) sand and aggregates; ``(B) placers; ``(C) phosphates; ``(D) manganese nodules; ``(E) cobalt crusts; ``(F) metal sulfides; and ``(G) other marine resources that are not-- ``(i) oil and gas; ``(ii) fisheries; or ``(iii) marine mammals. ``(7) The term `Secretary' means the Secretary of the Interior. ``SEC. 202. RESEARCH PROGRAM. ``(a) In General.--The Secretary shall establish and carry out a program of research on marine mineral resources. ``(b) Program Goal.--The goal of the program shall be to-- ``(1) promote research, identification, assessment, and exploration of marine mineral resources in an environmentally responsible manner; ``(2) assist in developing domestic technologies required for efficient and environmentally sound development of marine mineral resources; ``(3) coordinate and promote the use of technologies developed with Federal assistance, and the use of available Federal assets, for research, identification, assessment, exploration, and development of marine mineral resources; and ``(4) encourage academia and industry to conduct basic and applied research, on a joint basis, through grants, cooperative agreements, or contracts with the Federal Government. ``(c) Responsibilities of the Secretary.--In carrying out the program, the Secretary shall-- ``(1) promote and coordinate partnerships between industry, government, and academia to research, identify, assess, and explore marine mineral resources in an environmentally sound manner; ``(2) undertake programs to develop the basic information necessary to the long-term national interest in marine mineral resources (including seabed mapping) and to ensure that data and information are accessible and widely disseminated as needed and appropriate; ``(3) identify, and promote cooperation among agency programs that are developing, technologies developed by other Federal programs that may hold promise for facilitating undersea applications related to marine mineral resources, including technologies related to vessels and other platforms, underwater vehicles, survey and mapping systems, remote power sources, data collection and transmission systems, and various seabed research systems; and ``(4) foster communication and coordination between Federal and State agencies, universities, and private entities concerning marine mineral research on seabeds of the continental shelf, ocean basins, and arctic and cold water areas. In carrying out these responsibilities, the Secretary shall ensure the participation of non-Federal users of technologies and data related to marine mineral resources in planning and priority setting. ``SEC. 203. GRANTS, CONTRACTS, AND COOPERATIVE AGREEMENTS. ``(a) Assistance and Coordination.-- ``(1) In general.--The Secretary shall award grants or contracts to, or enter into cooperative agreements with, eligible entities to support research for the development or utilization of-- ``(A) methods, equipment, systems, and components necessary for the identification, assessment, and exploration of marine mineral resources in an environmentally responsible manner; ``(B) methods of detecting, monitoring, and predicting the presence of adverse environmental effects in the marine environment and remediating the environmental effects of marine mineral resource exploration, development, and production; and ``(C) education and training material in marine mineral research and resource management. ``(2) Cost-sharing for contracts or cooperative agreements.-- ``(A) Federal share.--Except as provided in subparagraph (B)(ii), the Federal share of the cost of a contract or cooperative agreement carried out under this subsection shall not be greater than 80 percent of the total cost of the project. ``(B) Non-federal share.--The remaining non-Federal share of the cost of a project carried out under this section may be-- ``(i) in the form of cash or in-kind contributions, or both; and ``(ii) comprised of funds made available under other Federal programs, except that non-Federal funds shall be used to defray at least 10 percent of the total cost of the project. ``(C) Consultation.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish, after consultation with other Federal agencies, terms and conditions under which Federal funding will be provided under this subsection that are consistent with the Agreement on Subsidies and Countervailing Measures referred to in section 101(d)(12) of the Uruguay Round Agreement Act (19 U.S.C. 3511(d)(12)). ``(b) Competitive Review.-- ``(1) In general.--An entity shall not be eligible to receive a grant or contract, or participate in a cooperative agreement, under subsection (a) unless-- ``(A) the entity submits a proposal to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require; and ``(B) the proposal has been evaluated by a competitive review panel under paragraph (3). ``(2) Competitive review panels.-- ``(A) Composition.--A competitive review panel shall be chaired by the Secretary or by the Secretary's designee and shall be composed of members who meet the following criteria: ``(i) Appointment.--The members shall be appointed by the Secretary. ``(ii) Experience.--Not less than 50 percent of the members shall represent or be employed by private marine resource companies that are involved in exploration of the marine environment or development of marine mineral resources. ``(iii) Interest.--None of the members may have an interest in a grant, contract, or cooperative agreement being evaluated by the panel. ``(B) No compensation.--A review panel member who is not otherwise a Federal employee shall receive no compensation for performing duties under this section, except that, while engaged in the performance of duties away from the home or regular place of business of the member, the member may be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as a person employed intermittently in the Government service under section 5703 of title 5, United States Code. ``(3) Evaluation.--A competitive review panel shall base an evaluation of a proposal on criteria developed by the Secretary that shall include-- ``(A) the merits of the proposal; ``(B) the research methodology and costs of the proposal; ``(C) the capability of the entity submitting the proposal and any other participating entity to perform the proposed work and provide in-kind contributions; ``(D) the amount of matching funds provided by the entity submitting the proposal or provided by other Federal, State, or private entities; ``(E) the extent of collaboration with other Federal, State, or private entities; ``(F) in the case of a noncommercial entity, the existence of a cooperative agreement with a commercial entity that provides for collaboration in the proposed research; ``(G) whether the proposal promotes responsible environmental stewardship; and ``(H) such other factors as the Secretary considers appropriate. ``(c) Limitations.-- ``(1) Administrative expenses.--Not more than 10 percent of the amount made available to carry out this section during a fiscal year may be used by the Secretary for expenses associated with administration of the program authorized by this section. ``(2) Construction costs.--None of the funds made available under this section may be used for the construction of a new building or the acquisition, expansion, remodeling, or alteration of an existing building (including site grading and improvement and architect fees). ``(d) Reports.--An eligible entity that receives a grant or contract or enters into a cooperative agreement under this section shall submit an annual progress report and a final technical report to the Secretary that-- ``(1) describes project activities, implications of the project, the significance of the project to marine mineral research, identification, assessment, and exploration, and potential commercial and economic benefits and effects of the project; and ``(2) in the case of an annual progress report, includes a project plan for the subsequent year. ``SEC. 204. MARINE MINERAL RESEARCH CENTERS. ``(a) In general.--No later than 90 days after the date of enactment of this section, the Secretary shall designate 3 centers for marine mineral research and related activities. ``(b) Concentration.--One center shall concentrate primarily on research in the continental shelf regions of the United States, 1 center shall concentrate primarily on research in deep seabed and near- shore environments of islands, and 1 center shall concentrate primarily on research in arctic and cold water regions. ``(c) Criteria.--In designating a center under this section, the Secretary shall give priority to a university that-- ``(1) administers a federally funded center for marine minerals research; ``(2) matriculates students for advanced degrees in marine geological sciences, nonenergy natural resources, and related fields of science and engineering; ``(3) is a United States university with established programs and facilities that primarily focus on marine mineral resources; ``(4) has engaged in collaboration and cooperation with industry, governmental agencies, and other universities in the field of marine mineral resources; ``(5) has demonstrated significant engineering, development, and design experience in two or more of the following areas; ``(A) seabed exploration systems; ``(B) marine mining systems; and ``(C) marine mineral processing systems; and ``(6) has been designated by the Secretary as a State Mining and Mineral Resources Research Institute. ``(d) Center Activities.--A center shall-- ``(1) provide technical assistance to the Secretary concerning marine mineral resources; ``(2) advise the Secretary on pertinent international activities in marine mineral resources development; ``(3) engage in research, training, and education transfer associated with the characterization and utilization of marine mineral resources; and ``(4) promote the efficient identification, assessment, exploration, and management of marine mineral resources in an environmentally sound manner. ``(e) Allocation of Funds.--In distributing funds to the centers designated under subsection (a), the Secretary shall, to the extent practicable, allocate an equal amount to each center. ``(f) Limitations.-- ``(1) Administrative expenses.--Not more than 5 percent of the amount made available to carry out this section during a fiscal year may be used by the Secretary for expenses associated with administration of the program authorized by this section. ``(2) Construction costs.--None of the funds made available under this section may be used for the construction of a new building or the acquisition, expansion, remodeling, or alteration of an existing building (including site grading and improvement and architect fees). ``SEC. 205. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated such sums as are necessary to carry out this title.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate. | Marine Mineral Resources Research Act of 1996 - Amends the Mining and Minerals Policy Act of 1970 to direct the Secretary of the Interior to: (1) establish and implement a marine mineral resources research program; (2) award grants and contracts and enter into cooperative agreements for the attendant research and development undertaken by industry, government, and academic sectors; and (3) establish terms and conditions under which Federal funding will be provided consistent with the Agreement on Subsidies and Countervailing Measures referred to in the Uruguay Round Agreement Act. Prescribes guidelines for competitive review of such Federal grants, contracts, and cooperative agreements. Directs the Secretary to designate three marine mineral research centers, one in the continental shelf regions of the United States, the second in deep seabed and near-shore environments of islands, and the third in arctic and cold water regions. Restricts administrative expenses to not more than five percent during a fiscal year. Authorizes appropriations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Affordable Housing Improvements Act''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to ensure that amounts provided under the section 8 rental assistance program for low-income families for use in communities having affordable housing needs can be fully used within such communities to benefit low-income families needing affordable housing; (2) to provide flexibility in the use of unused amounts made available under the section 8 tenant-based rental assistance program so that amounts made available to public housing agencies in jurisdictions having insufficient numbers of affordable housing dwelling units to exhaust their section 8 funds can be used under the HOME investment partnerships program, or for activities eligible for assistance under the public housing Capital Fund; (3) to provide for development of affordable housing in communities needing such housing, without supplanting existing appropriations for the section 8 program; and (4) to promote and facilitate quality and affordable housing for low-income families. SEC. 3. AUTHORITY TO TRANSFER UNUSED SECTION 8 RENTAL ASSISTANCE AMOUNTS. Section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) is amended by adding at the end the following new subsection: ``(ee) Transfer of Unused Tenant-Based Assistance Amounts for Use Under HOME and Public Housing Capital Fund Programs.-- ``(1) Authority.--In lieu of reallocating the unused tenant-based assistance of a public housing agency, the Secretary may authorize the agency to transfer all or a portion of such assistance, as provided in this subsection only-- ``(A) to the HOME Investment Trust Fund for an applicable participating jurisdiction of the agency for use only under section 212(a)(4) of the Cranston- Gonzalez National Affordable Housing Act (42 U.S.C. 12742(a)(4)); or ``(B) for use for activities eligible for assistance by such agency with amounts provided from the Capital Fund under section 9(d). ``(2) Period of use.--Any amounts transferred under this subsection shall be available for use as provided in paragraph (1) only until the expiration of the 18-month period beginning upon approval of the request under paragraph (2) for such transfer. ``(3) Request for transfer.--The Secretary may authorize transfer of unused tenant-based assistance of a public housing agency pursuant to this subsection only pursuant to a written request for transfer of such amounts that complies with the following requirements: ``(A) Preparation.--The request shall be prepared, and submitted to the Secretary, by-- ``(i) in the case of a request for transfer of amounts to the HOME Investment Trust Fund, the applicable participating jurisdiction of the agency, after consultation and agreement with the public housing agency having such unused assistance amounts; and ``(ii) in the case of a request for transfer of amounts for use for Capital Fund activities, the public housing agency. ``(B) Contents.--The request shall include-- ``(i) information on the affordable housing needs, conditions, and availability in the geographical area served by the agency, which shall include information regarding vacancy rates, waiting lists for rental assistance under this section, rates for return of vouchers for such rental assistance, and any other information the agency considers appropriate; ``(ii) a certification that the agency is in compliance with applicable laws and regulations regarding management of the program for tenant-based assistance under this section and, because of circumstances beyond the control of the agency, cannot increase its rate of use of tenant-based assistance amounts; ``(iii) a detailed description of the agency's efforts to assist eligible families to utilize the unused assistance; ``(iv) a proposal describing how the unused assistance will be used under title II of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12721 et seq.) or for activities eligible for assistance with amounts provided from the Capital Fund under section 9(d) of this Act (42 U.S.C. 1437g(d)), as applicable; and ``(v) any other information or certifications that the Secretary considers appropriate. ``(C) Timing.--A request under this paragraph shall be submitted to the Secretary during the 60-day period ending upon the conclusion of the fiscal year of the public housing agency involved. The Secretary shall determine whether to approve such request, and notify the applicable participating jurisdiction and the public housing agency involved of such determination, not later than 30 days after the request is submitted. ``(4) Determination regarding use of assistance.--The Secretary may authorize transfer of unused tenant-based assistance of a public housing agency pursuant to this subsection only if the Secretary determines, on the basis of the request under paragraph (3), that the unused assistance-- ``(A) if used under title II of the Cranston- Gonzalez National Affordable Housing Act, will be used in accordance with sections 212(a)(4) and 214(b) of such Act (42 U.S.C. 12742(a)(4), 12744(b)); ``(B) will be used to meet the needs described in the request submitted pursuant to paragraph (3)(B)(i); ``(C) will be used consistent with the comprehensive housing affordability strategy of the jurisdiction submitted under section 105 of such Act (42 U.S.C. 12705) and, if applicable, the public housing agency plan for the agency; and ``(D) can and will be used as provided in this subsection within 18 months of the Secretary's determination to authorize use under this subsection. ``(5) Definitions.--For purposes of this subsection, the following definitions shall apply: ``(A) Applicable participating jurisdiction.--The term `applicable participating jurisdiction' means, with respect to a public housing agency, a participating jurisdiction (as such term is defined in section 104 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12704)) any part of which is located within the geographical area served by such agency. ``(B) Leasing rate.--The term `leasing rate' means, with respect to an amount of budget authority made available for tenant-based assistance, the ratio of the number of dwelling units leased using such budget authority to the number of reserved units for such budget authority. ``(C) Reserved units.--The term `reserved units' means, with respect to an amount of budget authority made available for tenant-based assistance, the total number of dwelling units that may be leased using such budget authority. ``(D) Unused tenant-based assistance.--The term `unused tenant-based assistance' means any budget authority for tenant-based assistance made available to a public housing agency that remains unused and, under the regulations and notices of the Secretary, is subject to reallocation to other agencies based upon the leasing rate of the agency.''. SEC. 4. USE OF TRANSFERRED AMOUNTS UNDER HOME INVESTMENT PARTNERSHIPS PROGRAM. (a) Use Within Jurisdiction of Transferring PHA.--Section 212(a) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12742(a)) is amended by inserting after paragraph (3) the following new paragraph: ``(4) Unused public housing agency amounts.--Any amounts in the HOME Investment Trust Fund for a participating jurisdiction pursuant to transfer under section 8(ee) of the United States Housing Act of 1937 (42 U.S.C. 1437f(ee)) may be used, as provided in this section, to develop and support only affordable rental housing and affordable housing for homeownership, that is located in a geographical area of the participating jurisdiction that is within the area served by the public housing agency that transferred such amounts.''. (b) Targeting Requirements.--Section 214 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12744) is amended-- (1) by striking ``Each'' and inserting ``(a) In General.-- Except as provided in subsection (b), each''; and (2) by adding at the end the following new subsection: ``(b) Unused Public Housing Agency Amounts.--In the case only of amounts in the HOME Investment Trust Fund for a participating jurisdiction pursuant to transfer under section 8(ee) of the United States Housing Act of 1937 (42 U.S.C. 1437f(ee)), the participating jurisdiction shall invest such amounts so that-- ``(1) with respect to rental assistance and rental units-- ``(A) not less than 75 percent of (i) the families receiving such rental assistance are families whose incomes do not exceed 30 percent of the median family income for the area, as determined by the Secretary with adjustments for smaller and larger families (except that the Secretary may establish income ceilings higher or lower than 30 percent of the median income for the area on the basis of the Secretary's findings that such variations are necessary because of prevailing levels of construction cost or fair market rent, or unusually high or low family income) at the time of occupancy or at the time funds are invested, whichever is later, or (ii) the dwelling units assisted with such funds are occupied by families having such incomes; and ``(B) the remainder of (i) the families receiving such rental assistance are households that qualify as low-income families (other than families described in subparagraph (A)) at the time of occupancy or at the time funds are invested, whichever is later, or (ii) the dwelling units assisted with such funds are occupied by such households; ``(2) with respect to homeownership assistance, not less than 75 percent of such funds are invested with respect to dwelling units that are occupied by households having incomes described in paragraph (1)(A)(i) and the remainder of such funds are invested with respect to dwelling units that are occupied by households that qualify as low-income families; and ``(3) all such funds are invested with respect to housing that qualifies as affordable housing under section 215.''. SEC. 5. APPLICABILITY. The amendments made by this Act shall apply only to tenant-based assistance under section 8 of the United States Housing Act of 1937 that is appropriated for fiscal year 2003 or any fiscal year thereafter. SEC. 6. REGULATIONS. Not later than 6 months after the date of the enactment of this Act, the Secretary of Housing and Urban Development shall issue final regulations to carry out the amendments made by this Act. | Affordable Housing Improvements Act - Amends the United States Housing Act of 1937 to authorize the Secretary of Housing and Urban Development to transfer unused section 8 rental assistance amounts for use under the HOME investment partnerships and public housing Capital Fund programs. Limits such funds' availability to18 months.Amends the Cranston-Gonzalez National Affordable Housing Act respecting HOME investment program use of such funds to: (1) require use within the jurisdiction of the recipient public housing agency; and (2) target specified income-based families for rental and homeownership assistance. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Including Families in Mental Health Recovery Act of 2015''. SEC. 2. CLARIFICATION OF CIRCUMSTANCES UNDER WHICH DISCLOSURE OF PROTECTED HEALTH INFORMATION OF MENTAL ILLNESS PATIENTS IS PERMITTED. The HITECH Act (title XIII of division A of Public Law 111-5) is amended by adding at the end of subtitle D of such Act (42 U.S.C. 17921 et seq.) the following: ``PART 3--IMPROVED PRIVACY AND SECURITY PROVISIONS FOR MENTAL ILLNESS PATIENTS ``SEC. 13431. CLARIFICATION OF CIRCUMSTANCES UNDER WHICH DISCLOSURE OF PROTECTED HEALTH INFORMATION IS PERMITTED. ``(a) In General.--Not later than one year after the date of enactment of the Including Families in Mental Health Recovery Act of 2015, the Secretary shall promulgate final regulations clarifying the circumstances under which, consistent with the standards governing the privacy and security of individually identifiable health information promulgated by the Secretary under sections 262(a) and 264 of the Health Insurance Portability and Accountability Act of 1996, health care providers and covered entities may disclose the protected health information of patients with a mental illness, including for purposes of-- ``(1) communicating with a patient's family, caregivers, friends, or others involved in the patient's care, including communication about treatments, side effects, risk factors, and the availability of community resources; ``(2) communicating with family or caregivers when the patient is an adult; ``(3) communicating with the parent or caregiver of a patient who is a minor; ``(4) considering the patient's capacity to agree or object to the sharing of their information; ``(5) communicating and sharing information with a patient's family or caregivers when-- ``(A) the patient consents; or ``(B) the patient does not consent, but the patient lacks the capacity to agree or object and the communication or sharing of information is in the patient's best interest; ``(6) involving a patient's family members, friends, or caregivers, or others involved in the patient's care in the patient's care plan, including treatment and medication adherence, in dealing with patient failures to adhere to medication or other therapy; ``(7) listening to or receiving information from family members or caregivers about their loved ones receiving mental illness treatment; ``(8) communicating with family members, caregivers, law enforcement, or others when the patient presents a serious and imminent threat of harm to self or others; and ``(9) communicating to law enforcement and family members or caregivers about the admission of a patient to receive care at a facility or the release of a patient who was admitted to a facility for an emergency psychiatric hold or involuntary treatment. ``(b) Coordination.--The Secretary shall carry out this section in coordination with the Director of the Office for Civil Rights within the Department of Health and Human Services. ``(c) Consistency With Guidance.--The Secretary shall ensure that the regulations under this section are consistent with the guidance entitled `HIPAA Privacy Rule and Sharing Information Related to Mental Health', issued by the Department of Health and Human Services on February 20, 2014.''. SEC. 3. DEVELOPMENT AND DISSEMINATION OF MODEL TRAINING PROGRAMS. (a) Initial Programs and Materials.--Not later than one year after promulgating final regulations under section 13431 of the HITECH Act, as added by section 2, the Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall develop and disseminate-- (1) a model program and materials for training health care providers (including physicians, emergency medical personnel, psychologists, counselors, therapists, behavioral health facilities and clinics, care managers, and hospitals) regarding the circumstances under which, consistent with the standards governing the privacy and security of individually identifiable health information promulgated by the Secretary under sections 262(a) and 264 of the Health Insurance Portability and Accountability Act of 1996, the protected health information of patients with a mental illness may be disclosed with and without patient consent; (2) a model program and materials for training lawyers and others in the legal profession on such circumstances; and (3) a model program and materials for training patients and their families regarding their rights to protect and obtain information under the standards specified in paragraph (1). (b) Periodic Updates.--The Secretary shall-- (1) periodically review and update the model programs and materials developed under subsection (a); and (2) disseminate the updated model programs and materials. (c) Contents.--The programs and materials developed under subsection (a) shall address the guidance entitled ``HIPAA Privacy Rule and Sharing Information Related to Mental Health'', issued by the Department of Health and Human Services on February 20, 2014. (d) Coordination.--The Secretary shall carry out this section in coordination with the Director of the Office for Civil Rights within the Department of Health and Human Services, the Administrator of the Substance Abuse and Mental Health Services Administration, the Administrator of the Health Resources and Services Administration, and the heads of other relevant agencies within the Department of Health and Human Services. (e) Input of Certain Entities.--In developing the model programs and materials required by subsections (a) and (b), the Secretary shall solicit the input of relevant national, State, and local associations, medical societies, and licensing boards. (f) Funding.--There is authorized to be appropriated to carry out this section $5,000,000 for fiscal year 2016 and $25,000,000 for the period of fiscal years 2017 through 2022. | Including Families in Mental Health Recovery Act of 2015 Amends the HITECH Act to direct the Department of Health and Human Services (HHS) to promulgate regulations clarifying the circumstances under which, consistent with the standards governing the privacy and security of individually identifiable health information promulgated under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), health care providers and covered entities may disclose the protected health information of patients with a mental illness, including for purposes of: communicating with a patient's family, friends, or caregivers, including about treatments, side effects, risk factors, and the availability of community resources, with or without patient consent; considering the patient's capacity to agree or object to the sharing of patient information; involving a patient's family members, friends, or caregivers in the patient's care plan in dealing with patient failures to adhere to medication or other therapy; communicating with family members, caregivers, law enforcement, or others when the patient presents a serious and imminent threat of harm to self or others; and communicating to law enforcement and family members or caregivers about the admission or release of a patient who was admitted to a facility for an emergency psychiatric hold or involuntary treatment. Requires HHS to: (1) carry out such provisions in coordination with its Office for Civil Rights of HHS; and (2) ensure that the regulations pertaining to such provisions are consistent with the guidance entitled "HIPAA Privacy Rule and Sharing Information Related to Mental Health," issued by HHS on February 20, 2014. Directs HHS to develop and disseminate model programs for: (1) training health care providers regarding the circumstances under which the protected health information of patients with a mental illness may be disclosed, (2) training lawyers and others in the legal profession on such circumstances, and (3) training patients and their families regarding their rights to protect and obtain information. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Preserving Rehabilitation Innovation Centers Act of 2016''. SEC. 2. FINDINGS. Congress makes the following findings: (1) In the United States, there are an estimated 1,181 inpatient rehabilitation facilities. Among these facilities is a small group of inpatient rehabilitation institutions that are contributing to the future of rehabilitation care medicine, as well as to patient recovery, scientific innovation, and quality of life. (2) This unique category of inpatient rehabilitation institutions treats the most complex patient conditions, such as traumatic brain injury, stroke, spinal cord injury, childhood disease, burns, and wartime injuries. (3) These leading inpatient rehabilitation institutions are all not-for-profit or Government-owned institutions and serve a high volume of Medicare or Medicaid beneficiaries. (4) These leading inpatient rehabilitation institutions have been recognized by the Federal Government for their contributions to cutting-edge research to develop solutions that enhance quality of care, improve patient outcomes, and reduce health care costs. (5) These leading inpatient rehabilitation institutions help to improve the practice and standard of rehabilitation medicine across the Nation in urban, suburban, and rural communities by training physicians, medical students, and other clinicians, and providing care to patients from all 50 States. (6) It is vital that these leading inpatient rehabilitation institutions are supported so they can continue to lead the Nation's efforts to-- (A) advance integrated, multidisciplinary rehabilitation research; (B) provide cutting-edge medical care to the most complex rehabilitation patients; (C) serve as education and training facilities for the physicians, nurses, and other health professionals who serve rehabilitation patients; (D) ensure Medicare and Medicaid beneficiaries receive state-of-the-art, high-quality rehabilitation care by developing and disseminating best practices and advancing the quality of care utilized by post-acute providers in all 50 States; and (E) support other inpatient rehabilitation institutions in rural areas to help ensure access to quality post-acute care for patients living in these communities. SEC. 3. STUDY AND REPORT RELATING TO THE COSTS INCURRED BY, AND THE MEDICARE PAYMENTS MADE TO, REHABILITATION INNOVATION CENTERS. (a) In General.--Section 1886(j) of the Social Security Act (42 U.S.C. 1395ww(j)) is amended-- (1) by redesignating paragraph (8) as paragraph (9); and (2) by inserting after paragraph (7) the following new paragraph: ``(8) Study and report relating to the costs incurred by, and the medicare payments made to, rehabilitation innovation centers.-- ``(A) Study.--The Secretary shall conduct a study to assess the costs incurred by rehabilitation innovation centers (as defined in subparagraph (C)) that are beyond the prospective rate for each of the following activities: ``(i) Furnishing items and services to individuals under this title. ``(ii) Conducting research. ``(iii) Providing medical training. ``(B) Report.--Not later than July 1, 2019, the Secretary shall submit to Congress a report containing the results of the study under subparagraph (A), together with recommendations for such legislation and administrative action as the Secretary determines appropriate. ``(C) Rehabilitation innovation center defined.-- ``(i) In general.--In this paragraph, the term `rehabilitation innovation center' means a rehabilitation facility that, determined as of the date of the enactment of this paragraph, is described in clause (ii) or clause (iii). ``(ii) Not-for-profit.--A rehabilitation facility described in this clause is a facility that-- ``(I) is classified as a not-for- profit entity under the IRF Rate Setting File for the Correction Notice for the Inpatient Rehabilitation Facility Prospective Payment System for Federal Fiscal Year 2012 (78 Fed. Reg. 59256); ``(II) holds at least one Federal rehabilitation research and training designation for research projects on traumatic brain injury, spinal cord injury, or stroke rehabilitation research from the Rehabilitation Research and Training Centers or the Rehabilitation Engineering Research Center at the National Institute on Disability and Rehabilitation Research at the Department of Education, based on such data submitted to the Secretary by a facility, in a form, manner, and time frame specified by the Secretary; ``(III) has a minimum Medicare case mix index of 1.1144 for fiscal year 2012 according to the IRF Rate Setting File described in subclause (I); and ``(IV) had at least 300 Medicare discharges or at least 200 Medicaid discharges in a prior year as determined by the Secretary. ``(iii) Government-owned.--A rehabilitation facility described in this clause is a facility that-- ``(I) is classified as a Government-owned institution under the IRF Rate Setting File described in clause (ii)(I); ``(II) holds at least one Federal rehabilitation research and training designation for research projects on traumatic brain injury, spinal cord injury, or stroke rehabilitation research from the Rehabilitation Research and Training Centers, the Rehabilitation Engineering Research Center, or the Model Spinal Cord Injury Systems at the National Institute on Disability and Rehabilitation Research at the Department of Education, based on such data submitted to the Secretary by a facility, in a form, manner, and time frame specified by the Secretary; ``(III) has a minimum Medicare case mix index of 1.1144 for 2012 according to the IRF Rate Setting File described in clause (ii)(I); and ``(IV) has a Medicare disproportionate share hospital (DSH) percentage of at least 0.6300 according to the IRF Rate Setting File described in clause (ii)(I)).''. Passed the Senate December 10 (legislative day, December 9), 2016. Attest: Secretary. 114th CONGRESS 2d Session S. 1168 _______________________________________________________________________ AN ACT To amend title XVIII of the Social Security Act to preserve access to rehabilitation innovation centers under the Medicare program. | Preserving Rehabilitation Innovation Centers Act of 2016 This bill amends title XVIII (Medicare) of the Social Security Act to direct the Department of Health and Human Services to conduct a study to assess the costs incurred by rehabilitation innovation centers that are beyond the prospective rates for each of the following activities: (1) furnishing items and services to individuals under Medicare; (2) conducting research; and (3) providing medical training. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Preserving America's Battlefields Act''. SEC. 2. CIVIL WAR BATTLEFIELD PRESERVATION ACT OF 2002. Section 2 of the Civil War Battlefield Preservation Act of 2002 (Public Law 107-359) is amended to read as follows: ``SEC. 2. FINDINGS AND PURPOSES. ``(a) Findings.--Congress finds the following: ``(1) Battlefields of the American Revolution, War of 1812 and the Civil War-- ``(A) provide a means for the people of the United States to understand our Nation's turbulent first century; ``(B) serve as living memorials to those who fought and sacrificed in these conflicts to establish and maintain our freedom and liberty; ``(C) serve as training grounds for our Nation's Armed Forces; and ``(D) serve as heritage tourism destinations, generating revenue for local economies. ``(2) According to the Report on the Nation's Civil War Battlefields, prepared by the National Park Service and updated in 2010, of the 383 Civil War battlefields identified as national preservation priorities-- ``(A) only at 31 battlefields is more than half of the surviving landscape permanently protected; ``(B) at 227 battlefields, less than half of the surviving landscape is permanently protected; ``(C) 65 battlefields have no protection at all; and ``(D) 113 battlefields have been severely hampered by development since the Civil War or are on the verge of being overwhelmed. ``(3) According to the 2007 Report to Congress on the Historic Preservation of Revolutionary War and War of 1812 Sites in the United States, prepared by the National Park Service, of the 243 principal Revolutionary War and War of 1812 battlefields identified as national preservation priorities-- ``(A) almost 70 percent lie within urban areas as denoted in the 2000 U.S. Census; ``(B) 141 are lost or extremely fragmented, with residential and commercial development being the chief threats; ``(C) 100 other battlefields retain significant features and lands from the period of battle, although on average these battlefields retain only 37 percent of the original historic scene; ``(D) of these 100 surviving but diminished battle landscapes, 82 are partially owned and protected by public and nonprofit stewards, although the extent of that protection varies from site to site; ``(E) 18 are without any legal protection; ``(F) the condition of two battlefields is unknown, with additional research and survey being required to determine their exact location and condition; and ``(G) the paucity of existing battlefield landscapes necessitates preservation and maintenance of what precious little remains today. ``(b) Purposes.--The purposes of this Act are-- ``(1) to act quickly and proactively to preserve and protect nationally significant battlefields of the American Revolution, War of 1812, and Civil War through conservation easements and fee-simple purchases of those battlefields from willing sellers; and ``(2) to create partnerships among State and local governments, regional entities, and the private sector to preserve, conserve, and enhance the visitor experience at nationally significant battlefields of the American Revolution, War of 1812, and Civil War.''. SEC. 3. PRESERVATION ASSISTANCE. Section 308103(f) of title 54, United States Code, is amended to read as follows: ``(f) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to provide grants under this section $20,000,000 for each fiscal year through 2028, of which not more than 10 percent may be used each fiscal year as follows: ``(1) Not more than $1,000,000 for projects and programs that modernize battlefield interpretive and educational assets through the deployment of technology, disbursed through the competitive grant process to non-profit organizations. ``(2) Not more than $1,000,000 for grants to organizations described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code to be used for projects that restore day-of-battle conditions on land preserved through Battlefield Land Acquisition Grant Program funds.''. | Preserving America's Battlefields Act This bill reauthorizes though FY2028 the Battlefield Acquisition Grant Program and expands the purposes of the Civil War Battlefield Preservation Act of 2002. Specifically, the Act's purposes shall include: the preservation and protection of nationally significant battlefields of not only the Civil War but also the American Revolution and the War of 1812, and the enhancement of visitors' experiences at those battlefields. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Ivanpah Valley Airport Public Lands Transfer Act''. SEC. 2. CONVEYANCE OF LANDS TO CLARK COUNTY, NEVADA. (a) In General.--Notwithstanding the land use planning requirements contained in sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712 and 1713), but subject to subsection (b) of this section and valid existing rights, the Secretary shall convey to the County all right, title, and interest of the United States in and to the Federal public lands identified for disposition on the map entitled ``Ivanpah Valley, Nevada-Airport Selections'' numbered 01, and dated April 1999, for the purpose of developing an airport facility and related infrastructure. The Secretary shall keep such map on file and available for public inspection in the offices of the Director of the Bureau of Land Management and in the district office of the Bureau located in Las Vegas, Nevada. (b) Conditions.--The Secretary shall make no conveyance under subsection (a) until each of the following conditions are fulfilled: (1) The County has conducted an airspace assessment, using the airspace management plan required by section 4(a), to identify any potential adverse effects on access to the Las Vegas Basin under visual flight rules that would result from the construction and operation of a commercial or primary airport, or both, on the land to be conveyed. (2) The Federal Aviation Administration has made a certification under section 4(b). (3) The County has entered into an agreement with the Secretary to retain ownership of Jean Airport, located at Jean, Nevada, and to maintain and operate such airport for general aviation purposes. (c) Payment.-- (1) In general.--As consideration for the conveyance of each parcel, the County shall pay to the United States an amount equal to the fair market value of the parcel. (2) Deposit in special account.--(A) The Secretary shall deposit the payments received under paragraph (1) into the special account described in section 4(e)(1)(C) of the Southern Nevada Public Land Management Act of 1998 (112 Stat. 2345). Such funds may be expended only for the acquisition of private inholdings in the Mojave National Preserve and for the protection and management of the petroglyph resources in Clark County, Nevada. The second sentence of section 4(f) of such Act (112 Stat. 2346) shall not apply to interest earned on amounts deposited under this paragraph. (B) The Secretary may not expend funds pursuant to this section until-- (i) the provisions of section 5 of this Act have been completed; and (ii) a final Record of Decision pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) has been issued which permits development of an airport at the Ivanpah site. (d) Reversion and Reentry.--If, following completion of compliance with section 5 of this Act and in accordance with the findings made by the actions taken in compliance with such section, the Federal Aviation Administration and the County determine that an airport should not be constructed on the conveyed lands-- (1) the Secretary of the Interior shall immediately refund to the County all payments made to the United States for such lands under subsection (c); and (2) upon such payment-- (A) all right, title, and interest in the lands conveyed to the County under this Act shall revert to the United States; and (B) the Secretary may reenter such lands. SEC. 3. MINERAL ENTRY FOR LANDS ELIGIBLE FOR CONVEYANCE. The public lands referred to in section 2(a) are withdrawn from mineral entry under the Act of May 10, 1872 (30 U.S.C. 22 et seq.; popularly known as the Mining Law of 1872) and the Mineral Leasing Act (30 U.S.C. 181 et seq.). SEC. 4. ACTIONS BY THE DEPARTMENT OF TRANSPORTATION. (a) Development of Airspace Management Plan.--The Secretary of Transportation shall, in consultation with the Secretary, prior to the conveyance of the land referred to in section 2(a), develop an airspace management plan for the Ivanpah Valley Airport that shall, to the maximum extent practicable and without adversely impacting safety considerations, restrict aircraft arrivals and departures over the Mojave Desert Preserve in California. (b) Certification of Assessment.--The Administrator of the Federal Aviation Administration shall certify to the Secretary that the assessment made by the County under section 2(b)(1) is thorough and that alternatives have been developed to address each adverse effect identified in the assessment, including alternatives that ensure access to the Las Vegas Basin under visual flight rules at a level that is equal to or better than existing access. SEC. 5. COMPLIANCE WITH NATIONAL ENVIRONMENTAL POLICY ACT OF 1969 REQUIRED. Prior to construction of an airport facility on lands conveyed under section 2, all actions required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to initial planning and construction shall be completed by the Secretary of Transportation and the Secretary of the Interior as joint lead agencies. Any actions conducted in accordance with this section shall specifically address any impacts on the purposes for which the Mojave National Preserve was created. SEC. 6. DEFINITIONS. In this Act-- (1) the term ``County'' means Clark County, Nevada; and (2) the term ``Secretary'' means the Secretary of the Interior. Speaker of the House of Representatives. Vice President of the United States and President of the Senate. | Requires the Secretary to deposit payments received from the County as consideration for the conveyance of each parcel into the special account established under the Southern Nevada Public Land Management Act. Allows such funds to be expended only for the acquisition of private inholdings in the Mojave National Preserve and for the protection and management of the petroglyph resources in the County. Prohibits interest earned on amounts deposited from being invested and expended as required under such Act.Prohibits the Secretary from expending funds pursuant to this Act until: (1) the provisions of this Act regarding all actions required under the National Environmental Policy Act with respect to initial planning and construction have been completed; and (2) a final Record of Decision pursuant to such Act has been issued which permits development of an airport at the Ivanpah site.Requires such payments to be refunded to the County and such lands to revert to the United States if the FAA and the County determine that an airport should not be constructed on the conveyed lands.Withdraws the conveyed lands from mineral entry under the Mining Law of 1872 and the Mineral Leasing Act.Directs the Secretary of Transportation, in consultation with the Secretary, prior to such conveyance, to develop an airspace management plan for the Ivanpah Valley Airport that shall, without adversely impacting safety considerations, restrict aircraft arrivals and departures over the Mojave Desert Preserve in California.Requires: (1) prior to construction of an airport facility on the conveyed lands, all actions required under the National Environmental Policy Act with respect to initial planning and construction to be completed by the Secretary of Transportation and the Secretary as joint lead agencies; and (2) any such actions to specifically address any impacts on the purposes for which the Mojave National Preserve was created. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Clone Pager Authorization Act of 1999''. SEC. 2. CLONE PAGERS. (a) In General.--Section 2511(2)(h) of title 18, United States Code, is amended by striking clause (i) and inserting the following: ``(i) to use a pen register, a trap and trace device, or a clone pager, as those terms are defined in chapter 206 (relating to pen registers, trap and trace devices, and clone pagers) of this title; or''; (b) Exception.--Section 3121 of title 18, United States Code, is amended-- (1) by striking subsection (a) and inserting the following: ``(a) In General.--Except as provided in this section, no person may install or use a pen register, trap and trace device, or clone pager without first obtaining a court order under section 3123 or section 3129 of this title, or under the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).''; (2) in subsection (b), by striking ``a pen register or a trap and trace device'' and inserting ``a pen register, trap and trace device, or clone pager''; and (3) by striking the section heading and inserting the following: ``Sec. 3121. General prohibition on pen register, trap and trace device, and clone pager use; exception''. (c) Assistance.--Section 3124 of title 18, United States Code, is amended-- (1) by redesignating subsections (c) through (f) as subsections (d) through (g), respectively; (2) by inserting after subsection (b) the following: ``(c) Clone Pager.--Upon the request of an attorney for the Government or an officer of a law enforcement agency authorized to use a clone pager under this chapter, a provider of electronic communication service shall furnish to such investigative or law enforcement officer all information, facilities, and technical assistance necessary to accomplish the use of the clone pager unobtrusively and with a minimum of interference with the services that the person so ordered by the court provides to the subscriber, if such assistance is directed by a court order, as provided in section 3129(b)(2) of this title.''; and (3) by striking the section heading and inserting the following: ``Sec. 3124. Assistance in installation and use of a pen register, trap and trace device, or clone pager''. (d) Emergency Installations.--Section 3125 of title 18, United States Code, is amended-- (1) by striking ``pen register or a trap and trace device'' and ``pen register or trap and trace device'' each place those terms appear, and inserting ``pen register, trap and trace device, or clone pager''; (2) in subsection (a), by striking ``an order approving the installation or use is issued in accordance with section 3123 of this title'' and inserting ``an application is made for an order approving the installation or use in accordance with section 3122 or section 3128 of this title''; (3) in subsection (b), by adding at the end the following: ``In the event that such application for the use of a clone pager is denied, or in any other case in which the use of the clone pager is terminated without an order having been issued, an inventory shall be served as provided for in section 3129(e).''; and (4) by striking the section heading and inserting the following: ``Sec. 3125. Emergency pen register, trap and trace device, and clone pager installation and use''. (e) Reports.--Section 3126 of title 18, United States Code, is amended-- (1) by striking ``pen register orders and orders for trap and trace devices'' and inserting ``orders for pen registers, trap and trace devices, and clone pagers''; and (2) by striking the section heading and inserting the following: ``Sec. 3126. Reports concerning pen registers, trap and trace devices, and clone pagers''. (f) Definitions.--Section 3127 of title 18, United States Code, is amended-- (1) in paragraph (2)-- (A) in subparagraph (A), by striking ``or'' at the end; and (B) by striking subparagraph (B) and inserting the following: ``(B) with respect to an application for the use of a pen register or trap and trace device, a court of general criminal jurisdiction of a State authorized by the law of that State to enter orders authorizing the use of a pen register or a trap and trace device; or ``(C) with respect to an application for the use of a clone pager, a court of general criminal jurisdiction of a State authorized by the law of that State to issue orders authorizing the use of a clone pager;''; (2) in paragraph (5), by striking ``and'' at the end; (3) in paragraph (6), by striking the period at the end and inserting ``; and''; and (4) by adding at the end the following: ``(7) the term `clone pager' means a numeric display device that receives communications intended for another numeric display paging device.''. (g) Applications.--Chapter 206 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 3128. Application for an order for use of a clone pager ``(a) Application.-- ``(1) Federal representatives.--Any attorney for the Government may apply to a court of competent jurisdiction for an order or an extension of an order under section 3129 of this title authorizing the use of a clone pager. ``(2) State representatives.--A State investigative or law enforcement officer may, if authorized by a State statute, apply to a court of competent jurisdiction of such State for an order or an extension of an order under section 3129 of this title authorizing the use of a clone pager. ``(b) Contents of Application.--An application under subsection (a) of this section shall include-- ``(1) the identity of the attorney for the Government or the State law enforcement or investigative officer making the application and the identity of the law enforcement agency conducting the investigation; ``(2) the identity, if known, of the individual or individuals using the numeric display paging device to be cloned; ``(3) a description of the numeric display paging device to be cloned; ``(4) a description of the offense to which the information likely to be obtained by the clone pager relates; ``(5) the identity, if known, of the person who is subject of the criminal investigation; and ``(6) an affidavit or affidavits, sworn to before the court of competent jurisdiction, establishing probable cause to believe that information relevant to an ongoing criminal investigation being conducted by that agency will be obtained through use of the clone pager. ``Sec. 3129. Issuance of an order for use of a clone pager ``(a) In General.--Upon an application made under section 3128 of this title, the court shall enter an ex parte order authorizing the use of a clone pager within the jurisdiction of the court if the court finds that the application has established probable cause to believe that information relevant to an ongoing criminal investigation being conducted by that agency will be obtained through use of the clone pager. ``(b) Contents of an Order.--An order issued under this section-- ``(1) shall specify-- ``(A) the identity, if known, of the individual or individuals using the numeric display paging device to be cloned; ``(B) the numeric display paging device to be cloned; ``(C) the identity, if known, of the subscriber to the pager service; and ``(D) the offense to which the information likely to be obtained by the clone pager relates; and ``(2) shall direct, upon the request of the applicant, the furnishing of information, facilities, and technical assistance necessary to use the clone pager under section 3124 of this title. ``(c) Time period and extensions.-- ``(1) In general.--An order issued under this section shall authorize the use of a clone pager for a period not to exceed 30 days. Such 30-day period shall begin on the earlier of the day on which the investigative or law enforcement officer first begins use of the clone pager under the order or the tenth day after the order is entered. ``(2) Extensions.--Extensions of an order issued under this section may be granted, but only upon an application for an order under section 3128 of this title and upon the judicial finding required by subsection (a). An extension under this paragraph shall be for a period not to exceed 30 days. ``(3) Report.--Within a reasonable time after the termination of the period of a clone pager order or any extensions thereof under this subsection, the applicant shall report to the issuing court the number of numeric pager messages acquired through the use of the clone pager during such period. ``(d) Nondisclosure of Existence of Clone Pager.--An order authorizing the use of a clone pager shall direct that-- ``(1) the order shall be sealed until otherwise ordered by the court; and ``(2) the person who has been ordered by the court to provide assistance to the applicant may not disclose the existence of the clone pager or the existence of the investigation to the listed subscriber, or to any other person, until otherwise ordered by the court. ``(e) Notification.--Within a reasonable time, not later than 90 days after the date of termination of the period of a clone pager order or any extensions thereof, the issuing judge shall cause to be served, on the individual or individuals using the numeric display paging device that was cloned, an inventory including notice of-- ``(1) the fact of the entry of the order or the application; ``(2) the date of the entry and the period of clone pager use authorized, or the denial of the application; and ``(3) whether or not information was obtained through the use of the clone pager. Upon an ex-parte showing of good cause, a court of competent jurisdiction may in its discretion postpone the serving of the notice required by this section.''. (h) Clerical Amendments.--The table of sections for chapter 206 of title 18, United States Code, is amended-- (1) by striking the item relating to section 3121 and inserting the following: ``3121. General prohibition on pen register, trap and trace device, and clone pager use; exception.''; (2) by striking the items relating to sections 3124, 3125, and 3126 and inserting the following: ``3124. Assistance in installation and use of a pen register, trap and trace device, or clone pager. ``3125. Emergency pen register, trap and trace device, and clone pager installation and use. ``3126. Reports concerning pen registers, trap and trace devices, and clone pagers.''; and (3) by adding at the end the following: ``3128. Application for an order for use of a clone pager. ``3129. Issuance of an order for use of a clone pager.''. (i) Conforming Amendment.--Section 605(a) of title 47, United States Code, is amended by striking ``chapter 119'' and inserting ``chapters 119 and 206''. | Clone Pager Authorization Act of 1999 - Amends the Federal criminal code to authorize the use of a clone pager (a numeric display device that receives communications intended for another numeric display paging device) in appropriate Federal investigative or law enforcement circumstances. Directs a provider of clone pagers, upon request of a Government attorney or law enforcement officer authorized to use such a device, to furnish to such attorney or officer all information, facilities, and technical assistance necessary to accomplish the use of such pager unobtrusively and with a minimum of interference with the paging services provided. Amends provisions regarding the use of pen registers and trap and trace devices to cover the use of clone pagers. Authorizes any U.S. attorney or authorized State investigative or law enforcement officer to apply for the use of a clone pager. Directs the court to enter into an ex parte order authorizing the installation and use of a clone pager if the court finds probable cause to believe that information relevant to an ongoing criminal investigation will be obtained. Limits such order to 30 days, with extensions for good cause shown. Requires the applicant to report to the issuing court the number of pager messages acquired through the use of the clone pager during such period. Requires: (1) the nondisclosure of the existence of an order authorizing clone pager use during the period covered by the order; and (2) after such period, notification to the party whose messages were acquired that an order authorizing such use was issued by such court. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Senior Citizen's Improved Quality of Life Act''. SEC. 2. PRESERVATION OF SOCIAL SECURITY. (a) Investment of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund.-- (1) In general.--Section 201(d) of the Social Security Act (42 U.S.C. 401(d)) is amended-- (A) by inserting ``(1)'' after ``(d)''; (B) by striking ``Such investments may be made only'' and inserting the following: ``Except as provided in paragraph (2), such investments may be made only''; (C) by striking the last sentence; and (D) by adding at the end the following new paragraph: ``(2)(A) The Managing Trustee shall determine the annual surplus (as defined in subparagraph (B)) for each of the Trust Funds as of the end of each fiscal year. The Managing Trustee shall ensure that such annual surplus is invested, throughout the next following fiscal year, in-- ``(i) marketable interest-bearing obligations of the United States or obligations guaranteed as to both principal and interest by the United States, purchased on original issue or at the market price, or ``(ii) certificates of deposit in insured depository institutions (as defined in section 3(c)(2) of the Federal Deposit Insurance Act). ``(B) For purposes of this paragraph, the `annual surplus' for either of the Trust Funds as of the end of a fiscal year is the excess (if any) of-- ``(i) the sum of-- ``(I) in the case of the Federal Old-Age and Survivors Insurance Trust Fund, the amounts appropriated to such Trust Fund under paragraphs (3) and (4) of subsection (a) for the fiscal year, ``(II) in the case of the Federal Disability Insurance Trust Fund, the amounts appropriated to such Trust Fund under paragraphs (1) and (2) of subsection (b) for the fiscal year, and ``(III) in either case, the amount appropriated to such Trust Fund under section 121(e) of the Social Security Amendments of 1983 for the fiscal year, and any amounts otherwise credited to or deposited in such Trust Fund under this title for the fiscal year, over ``(ii) the amounts paid or transferred from such Trust Fund during the fiscal year.''. (2) Effective date.--The amendments made by this subsection shall apply with respect to annual surpluses as of the end of fiscal years beginning on or after October 1, 2005. (b) Protection of the Social Security Trust Funds From the Public Debt Limit.-- (1) Protection of trust funds.--Notwithstanding any other provision of law-- (A) no officer or employee of the United States may-- (i) delay the deposit of any amount into (or delay the credit of any amount to) the Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund or otherwise vary from the normal terms, procedures, or timing for making such deposits or credits, or (ii) refrain from the investment in public debt obligations of amounts in either of such Trust Funds, if a purpose of such action or inaction is to not increase the amount of outstanding public debt obligations, and (B) no officer or employee of the United States may disinvest amounts in either of such Trust Funds which are invested in public debt obligations if a purpose of the disinvestment is to reduce the amount of outstanding public debt obligations. (2) Protection of benefits and expenditures for administrative expenses.-- (A) In general.--Notwithstanding paragraph (1), during any period for which cash benefits or administrative expenses would not otherwise be payable from the Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund by reason of an inability to issue further public debt obligations because of the applicable public debt limit, public debt obligations held by such Trust Fund shall be sold or redeemed only for the purpose of making payment of such benefits or administrative expenses and only to the extent cash assets of such Trust Fund are not available from month to month for making payment of such benefits or administrative expenses. (B) Issuance of corresponding debt.--For purposes of undertaking the sale or redemption of public debt obligations held by the Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund pursuant to subparagraph (A), the Secretary of the Treasury may issue corresponding public debt obligations to the public, in order to obtain the cash necessary for payment of benefits or administrative expenses from such Trust Fund, notwithstanding the public debt limit. (C) Advance notice of sale or redemption.--Not less than 3 days prior to the date on which, by reason of the public debt limit, the Secretary of the Treasury expects to undertake a sale or redemption authorized under subparagraph (A), the Secretary of the Treasury shall report to each House of the Congress and to the Comptroller General of the United States regarding the expected sale or redemption. Upon receipt of such report, the Comptroller General shall review the extent of compliance with paragraph (1) and subparagraphs (A) and (B) of this paragraph and shall issue such findings and recommendations to each House of the Congress as the Comptroller General considers necessary and appropriate. (3) Public debt obligation.--For purposes of this subsection, the term ``public debt obligation'' means any obligation subject to the public debt limit established under section 3101 of title 31, United States Code. SEC. 3. SOCIAL SECURITY FOR AMERICANS ONLY. (a) Limitations on Coverage of Individuals Based on Earnings of Individuals Who Are not Citizens or Nationals of the United States.-- Section 215(e) of the Social Security Act (42 U.S.C. 415(e)) is amended-- (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (2) by inserting ``(1)'' after ``(e)''; and (3) by adding at the end the following new paragraph: ``(2) For purposes of subsections (b) and (d), in computing an individual's average indexed monthly earnings, or in the case of an individual whose primary insurance amount is computed under section 215(a) as in effect prior to January 1979, average monthly wage, such individual shall not be credited with-- ``(A) any wages paid to such individual after December 31, 2006, while such individual is not a citizen or national of the United States, or ``(B) any self-employment income derived by such individual during any taxable year beginning after December 31, 2006, while such individual is not a citizen or national of the United States.''. (b) Revision of Authorization for Totalization Agreements.-- (1) In general.--Section 233 of the Social Security Act (42 U.S.C. 433) is amended to read as follows: ``international agreements ``Sec. 233. The President is authorized to enter into agreements (subject to the other provisions of this title and of chapters 2 and 21 of the Internal Revenue Code of 1986) establishing arrangements between the United States and any foreign country for the purpose of resolving questions of entitlement to, and participation in, the social security system established by this title and the social security system of such foreign country. Any such agreement shall take into account the limitations on the crediting of wages and self-employment income under section 215(e)(2).''. (2) Effective date; termination of existing agreements.-- The amendment made by paragraph (1) shall apply with respect to agreements taking effect after the date of the enactment of this Act. Any agreement in effect on such date which was entered into under section 233 of the Social Security Act (as in effect immediately before such date of enactment) shall terminate on December 31, 2006 (or as provided in such agreement, if earlier). SEC. 4. SENIORS' HEALTH CARE FREEDOM. (a) Facilitating the Use of Private Contracts Under the Medicare Program.--Section 1802(b) of the Social Security Act (42 U.S.C. 1395a(b)) is amended by striking paragraph (3) and by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively. (b) No Eligibility Condition Based on Refusal to Participate in a Government Program.--No persons otherwise eligible for old-age benefits under Social Security shall be denied such benefits because of their voluntary refusal to participate in any part of the Medicare program. SEC. 5. REPEAL OF INCLUSION IN GROSS INCOME OF SOCIAL SECURITY BENEFITS. (a) In General.--Section 86 of the Internal Revenue Code of 1986 (relating to social security benefits) is amended by adding at the end the following new subsection: ``(g) Termination.--This section shall not apply to any taxable year beginning after the date of the enactment of this subsection.''. (b) Social Security Trust Funds Held Harmless.-- (1) In general.--There are hereby appropriated (out of any money in the Treasury not otherwise appropriated) for each fiscal year to each fund under the Social Security Act or the Railroad Retirement Act of 1974 an amount equal to the reduction in the transfers to such fund for such fiscal year by reason of section 86(g) of the Internal Revenue Code of 1986. (2) No tax increases.--It is the sense of the Congress that tax increases will not be used to provide the revenue necessary to carry out paragraph (1). SEC. 6. INCOME TAX CREDIT FOR PRESCRIPTION DRUGS PURCHASED BY INDIVIDUALS WHO HAVE ATTAINED RETIREMENT AGE. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25D the following new section: ``SEC. 25E. PRESCRIPTION DRUGS PURCHASED BY INDIVIDUALS WHO HAVE ATTAINED SOCIAL SECURITY RETIREMENT AGE. ``(a) In General.--In the case of an individual who has attained social security retirement age, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 80 percent of the amount paid by the taxpayer during the taxable year (and not compensated for by insurance or otherwise) for any prescribed drug (as defined in section 213(d)(3)) for use by such individual. ``(b) Social Security Retirement Age.--For purposes of this section, the term `social security retirement age' means retirement age (as defined in section 216(l)(1) of the Social Security Act). ``(c) Denial of Double Benefit.-- ``(1) Coordination with medical expense deduction.--The amount which would (but for this subsection) be taken into account by the taxpayer under section 213 for the taxable year shall be reduced by the credit (if any) allowed by this section to the taxpayer for such year. ``(2) Coordination with medical and health savings accounts.--No credit shall be allowed under this section for amounts paid from any Archer MSA (as defined in section 220(d)) or any health savings account (as defined in section 223(d)). ``(d) Election not to Have Credit Apply.--This section shall not apply to a taxpayer for a taxable year if the taxpayer elects not to have this section apply for such year.''. (b) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25D the following new item: ``Sec. 25E. Prescription drugs purchased by individuals who have attained social security retirement age'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning more than 1 year after the date of the enactment of this Act. SEC. 7. FACILITATION OF IMPORTATION OF DRUGS APPROVED BY FOOD AND DRUG ADMINISTRATION AND INTERNET SALES OF PRESCRIPTION DRUGS. (a) Facilitation of Importation of Drugs Approved by Food and Drug Administration.--Chapter VIII of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381 et seq.) is amended-- (1) by striking section 804; and (2) in section 801(d)-- (A) by striking paragraph (2); and (B) by striking ``(d)(1)'' and all that follows through the end of paragraph (1) and inserting the following: ``(d)(1)(A) A person who meets applicable legal requirements to be an importer of drugs described in subparagraph (B) may import such a drug (without regard to whether the person is a manufacturer of the drug) if the person submits to the Secretary an application to import the drug and the Secretary approves the application. ``(B) For purposes of subparagraph (A), the drugs described in this subparagraph are drugs that are subject to section 503(b)(1) or that are composed wholly or partly of insulin. ``(C) The Secretary shall approve an application under subparagraph (A) if the application demonstrates that the drug to be imported meets all requirements under this Act for the admission of the drug into the United States, including demonstrating that-- ``(i) an application for the drug has been approved under section 505, or as applicable, under section 351 of the Public Health Service Act; and ``(ii) the drug is not adulterated or misbranded. ``(D) Not later than 60 days after the date on which an application under subparagraph (A) is submitted to the Secretary, the Secretary shall-- ``(i) approve the application; or ``(ii) refuse to approve the application and provide to the person who submitted the application the reason for such refusal. ``(E) This paragraph may not be construed as affecting any right secured by patent.''. (b) Internet Sales of Prescription Drugs.--Section 503(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(b)) is amended by adding at the end the following paragraph: ``(6)(A) With respect to the interstate sale of a prescription drug through an Internet site, the Secretary may not with respect to such sale take any action under this Act against any of the persons involved if-- ``(i) the sale was made in compliance with this Act and with State laws that are applicable to the sale of the drug; and ``(ii) accurate information regarding compliance with this Act and such State laws is posted on the Internet site. ``(B) For purposes of subparagraph (A), the sale of a prescription drug by a person shall be considered to be an interstate sale of the drug through an Internet site if-- ``(i) the purchaser of the drug submits the purchase order for the drug, or conducts any other part of the sales transaction for the drug, through an Internet site; and ``(ii) pursuant to such sale, the person introduces the drug into interstate commerce or delivers the drug for introduction into such commerce. ``(C) Subparagraph (A) may not be construed as authorizing the Secretary to enforce any violation of State law. ``(D) For purposes of this paragraph, the term `prescription drug' means a drug that is subject to paragraph (1).''. (c) Conforming Amendments.--Section 801(d) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381(d)) is amended-- (1) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; (2) in subclause (III) of paragraph (2)(A)(i) (as redesignated by this subsection), by striking ``paragraph (4)'' and inserting ``paragraph (3)''; and (3) in paragraph (3) (as redesignated by this subsection), by striking ``paragraph (3)'' each place such term appears and inserting ``paragraph (2)''. (d) Regulations of Secretary of Health and Human Services; Effective Date.-- (1) Regulations.--Before the expiration of the period specified in paragraph (2), the Secretary of Health and Human Services shall promulgate regulations to carry out the amendments to the Federal Food, Drug, and Cosmetic Act that are made by this section. (2) Effective date.--The amendments to the Federal Food, Drug, and Cosmetic Act that are made by this section take effect upon the expiration of the one-year period beginning on the date of the enactment of this Act, without regard to whether the regulations required in paragraph (1) have been promulgated. | Senior Citizen's Improved Quality of Life Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSA) to require the Managing Trustee of the Board of Trustees of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund (Social Security trust funds) to ensure that the annual surplus of the Social Security Trust Funds is invested in: (1) marketable interest-bearing obligations of the United States or obligations guaranteed by the United States; or (2) certificates of deposit in insured depository institutions. Prescribes a formula for determining the annual surplus of the Trust Funds. Prohibits any delay in making normal deposits in such Trust Funds, any refraining from making such investments to avoid increasing the public debt, or any disinvestment of Trust Fund amounts invested in public debt obligations to reduce the public debt. Requires the sale of Trust Fund public debt obligations, despite the public debt limit, for the payment of cash benefits and administrative expenses in certain circumstances. Prohibits the crediting for OASDI coverage of any wages earned, and self-employment income derived, by individuals during any time they were not U.S. citizens or nationals. Revises the President's authority to enter into agreements establishing totalization arrangements between the U.S. Social Security System and the social security system of any foreign country. Extends such authority to arrangements to resolve entitlement and participation questions about the respective systems, taking into account the limitation placed by this Act on the crediting of wages and self-employment. Amends SSA title XVIII (Medicare) to repeal the physician or practitioner affidavit requirements for private, non-reimbursement contracts with Medicare beneficiaries. Declares that no persons otherwise eligible for old-age benefits under Social Security shall be denied such benefits because of their voluntary refusal to participate in any part of the Medicare program. Amends the Internal Revenue Code to: (1) repeal the inclusion in gross income of Social Security benefits; and (2) allow a nonrefundable tax credit for 80% of the amount paid for a prescribed drug (not compensated for by insurance or otherwise) by a taxpayer who has attained Social Security retirement age. Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to repeal certain requirements relating to the importation of prescription drugs. Allows a person who meets applicable legal requirements to be an importer, with an approved import application, to import a prescription drug. Requires the Secretary to approve such an application if the drug meets all FFDCA requirements for admission into the United States, including approval by the Food and Drug Administration (FDA), and absence of adulteration or misbranding. Prohibits the Secretary from taking any action against any of the persons involved with the interstate sale of a prescription drug through an Internet site if: (1) the sale was made in compliance with applicable federal and state laws; and (2) accurate information regarding compliance with such laws is posted on the website. |
SECTION 1. ENCOURAGING THE PREPARATION OF TANF RECIPIENTS FOR HIGH- SKILL, HIGH-DEMAND JOBS. (a) In General.--Section 407(c)(2)(D) of the Social Security Act (42 U.S.C. 607(c)(2)(D)) is amended to read as follows: ``(D) Limitation on number of persons who may be treated as engaged in work by reason of participation in educational activities.-- ``(i) In general.--Except as provided in clause (ii), for purposes of paragraphs (1)(B)(i) and (2)(B) of subsection (b), not more than 30 percent of the number of individuals in all families in a State who are treated as engaged in work for a month may consist of individuals who are-- ``(I) determined to be engaged in work for the month by reason of participation in vocational educational training (but only with respect to such training that does not exceed 12 months with respect to any individual); or ``(II) deemed to be engaged in work for the month by reason of subparagraph (C) of this paragraph. ``(ii) Exception for education in preparation for sector-specific, high-skill occupations to meet employer demand.-- ``(I) In general.--Notwithstanding clause (i) and subsection (d)(8), for purposes of determining monthly participation rates under paragraphs (1)(B)(i) and (2)(B) of subsection (b) with respect to an individual who is enrolled, in preparation for a sector- specific, high-skill occupation to meet employer demand (as defined in subclause (II)), in a postsecondary 2- or 4-year degree program or in vocational educational training-- ``(aa) the State may count the number of hours per week that the individual attends such program or training for purposes of determining the number of hours for which a family is engaged in work for the month without regard to the 30 percent limitation under clause (i); and ``(bb) the individual shall be permitted to complete the requirements of the degree program or vocational educational training within the normal time frame for full-time students seeking the particular degree or completing such vocational educational training. ``(II) Sector-specific, high-skill occupation to meet employer demand defined.--In subclause (I), the term `sector-specific, high-demand, high- skill occupation to meet employer demand' means an occupation-- ``(aa) that has been identified by the State workforce investment board established under section 111 of the Workforce Investment Act of 1998 (29 U.S.C. 2821) as within the needs of the State with regard to current and projected employment opportunities in specific industry sectors or that has been defined by the State agency administering the State program funded under this part as within the needs of the State with regard to current and projected employment opportunities in specific industry sectors and is consistent with high demand jobs identified in the State plan in accordance with section 402(a)(1)(A)(vii); ``(bb) that requires occupational training; and ``(cc) that provides a wage of at least 75 percent of the State median hourly wage, as calculated by the Bureau of Labor Statistics on the basis of the most recent Occupational Employment and Wage Survey.''. (b) Conforming State Plan Amendment.--Section 402(a)(1)(B) of the Social Security Act (42 U.S.C. 602(a)(1)(B)) is amended by adding at the end the following: ``(vii) The document shall describe any strategies and programs the State plans to use to address employment placement, retention, and advancement for recipients of assistance under the program, including placement into high- demand jobs and whether such jobs are identified using labor market information.''. (c) Effective Date.--The amendments made by this section take effect on October 1, 2005. | Revises the mandatory work requirements of part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act with respect to the limitation on the number of persons in a state who may be treated as engaged in work by reason of participation in educational activities. Removes two-parent families from the formula for such limitation. Creates an exception to the limitation for education in preparation for sector-specific, high-skill occupations to meet employer demand. Defines sector-specific, high-demand, high-skill occupation to meet employer demand as an occupation that: (1) has been identified by the state workforce investment board or by the state agency administering the state TANF program as within state needs with regard to current and projected employment opportunities in specific industry sectors; (2) requires occupational training; and (3) provides a wage of at least 75 percent of the state median hourly wage. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Value-Based Insurance Design Seniors Copayment Reduction Act of 2015''. SEC. 2. FINDINGS. Congress makes the following findings: (1) A growing body of evidence demonstrates that increases in patient-level financial barriers (including deductibles, copayments, and coinsurance) for high-value medical services (such as prescription medications, clinician visits, diagnostic tests, and procedures) systematically reduces the use of such services. Savings attributable to cost-related, decreased utilization of specific services may lead to an increase in total medical expenditures due to increased use of other related clinical services, such as hospitalizations and emergency room visits. (2) Empirical research studies demonstrate that reductions in beneficiary out-of-pocket expenses for high-value prescription medications and clinical services can mitigate the adverse health and financial consequences attributable to cost- related decreased utilization of high-value services. (3) Financial barriers to prescription medications and clinical services that are deemed to be high-value should be reduced or eliminated to increase their use. (4) Value-Based Insurance Design is a methodology that adjusts patient out-of-pocket costs for prescription medications and clinical services according to the clinical value, not exclusively the cost. Value-Based Insurance Design is based on the concept of clinical nuance that recognizes-- (A) prescription medications and clinical services differ in the clinical benefit provided; and (B) the clinical benefit derived from a specific prescription medication or clinical service depends on the clinical situation, the provider, and where the care is delivered. (5) The current ``one-size-fits-all'' copayment or coinsurance design for prescription medications and clinical services provided under the Medicare program does not recognize the well-established value differences in health outcomes produced by various medical interventions. (6) The establishment by Medicare of copayment and coinsurance requirements using Value-Based Insurance Design methodologies will improve patient-centered health outcomes, enhance personal responsibility, and afford a more efficient use of taxpayer dollars. SEC. 3. DEMONSTRATION PROGRAM. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall establish a demonstration program to test Value-Based Insurance Design methodologies in Medicare Advantage plans under part C of title XVIII of the Social Security Act for beneficiaries with chronic clinical conditions. (b) Demonstration Program Design.-- (1) In general.--The Secretary shall select not less than 2 Medicare Advantage plans to participate in the demonstration program under this section. (2) Requirements.--A Medicare Advantage plan selected to participate in the demonstration program under paragraph (1) shall meet the following requirements: (A) The plan offers a coordinated Medicare Part D drug benefit. (B) The plan and the Medicare Advantage organization offering the plan meet such other criteria as the Secretary determines appropriate. (c) Expansion of Demonstration Program.--The Secretary shall expand the demonstration program by issuing regulations to implement, on a permanent basis, the components of the demonstration program that are beneficial to Medicare beneficiaries and the Medicare program, unless the report under subsection (e) or (f)(3) contains an evaluation that the demonstration program under this section-- (1) increases Medicare program expenditures for beneficiaries participating in the demonstration program; or (2) decreases the quality of health care services provided to Medicare beneficiaries participating in the demonstration program. (d) Value-Based Insurance Design Methodology.-- (1) Value-based insurance design.--For purposes of this section, ``Value-Based Insurance Design'' is a methodology for identifying specific prescription medications and clinical services for which copayments or coinsurance should be reduced or eliminated due to the high-value and effectiveness of such medications and services for specific clinical conditions. (2) Reduction of copayments and coinsurance.--Under the demonstration program, a Medicare Advantage organization, using Value-Based Insurance Design methodologies, shall identify each prescription medication and clinical service for which the amount of the copayment or coinsurance payable should be reduced or eliminated. (3) Reduction of copayments and coinsurance to encourage use of specific clinical services.--Under the demonstration program, the Medicare Advantage organization, using Value-Based Insurance Design, may lower cost-sharing under the plan for the purpose of encouraging enrollees to use prescription medications and clinical services (such as preventive care, primary care, specialty visits, diagnostic tests, procedures, and durable medical equipment) that such organization has identified as high-value for the management of specified clinical conditions in paragraph (5). Any such variation on copayment or coinsurance by a Medicare Advantage organization must occur on an annual basis and be evidence-based. (4) Reduction of copayments and coinsurance to encourage use of specific high-performing providers.--Under the demonstration program, the Medicare Advantage organization, using Value-Based Insurance Design, may lower cost-sharing under the plan for the purpose of encouraging enrollees to use providers that such organization has identified as high- performing based on quality metrics. Any such variation on copayment or coinsurance by a Medicare Advantage organization must occur on an annual basis. (5) Specific clinical conditions.--In identifying clinical conditions for purposes of paragraph (3), the Medicare Advantage organization shall, at a minimum, consider the services utilized across the spectrum of care in the management of the following clinical conditions: (A) Asthma. (B) Atrial fibrillation. (C) Deep venous thrombosis. (D) Cancer. (E) Chronic obstructive pulmonary disease. (F) Chronic renal failure/End stage renal disease. (G) Congestive heart failure. (H) Ischemic heart disease/Myocardial infarction. (I) Depression. (J) Diabetes mellitus. (K) Hyperlipidemia. (L) Hypertension. (M) Osteoporosis. (N) Stroke. (O) Tobacco abuse disorder. (6) Prohibition of increases of copayments and coinsurance.--A Medicare Advantage plan selected to participate in the demonstration program under paragraph (1) may not raise cost-sharing on any item or service to discourage its use. (e) Report on Implementation.-- (1) In general.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the implementation by the Secretary of the demonstration program under this section. (2) Elements.--The report required by paragraph (1) shall include the following: (A) A statement setting forth each medication and clinical service identified pursuant to subsection (d)(3). (B) For each such medication or clinical service identified pursuant to subsection (d)(3), a statement of the amount of the copayment or coinsurance required to be paid for such service and the amount of the reduction from previous cost-sharing levels. (C) For each such high-performing provider identified pursuant to subsection (d)(4), a statement of the amount of the copayment or coinsurance required to be paid for such clinician visit and the amount of the reduction from previous cost-sharing levels. (f) Review and Assessment of Utilization of Value-Based Insurance Design Methodologies.-- (1) In general.--The Secretary shall enter into a contract or agreement with an independent, nonbiased entity having expertise in Value-Based Insurance Design to review and assess the implementation of the demonstration program under this section. The review and assessment shall include the following: (A) An assessment of the utilization of Value-Based Insurance Design methodologies referred to in subsection (d). (B) An analysis of whether reducing or eliminating the copayment or coinsurance for each medication and clinical service identified pursuant to subsection (d)(3) resulted in increased adherence to medication regimens, increased service utilization, improvement in quality metrics, better health outcomes, or enhanced beneficiary experience. (C) An analysis of the cost-savings resulting from reducing or eliminating the copayment or coinsurance for each medication or clinical service so identified. (D) An analysis of whether reducing or eliminating the copayment or coinsurance for each high-performing provider identified pursuant to subsection (d)(4) resulted in improvement in quality metrics, better health outcomes, or enhanced beneficiary experience. (E) An analysis of the cost-savings resulting from reducing or eliminating the copayment or coinsurance for each high-performing provider so identified. (F) Such other matters as the Secretary considers appropriate. (2) Report.--The contract or agreement entered into under paragraph (1) shall require the entity concerned to submit to the Secretary a report on the review and assessment conducted by the entity under that paragraph in time for the inclusion of the results of such report in the report required by paragraph (3). (3) Report to congress.--Not later than 3 years after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the review and assessment conducted under this subsection. The report shall include the following: (A) A description of the results of the review and assessment. (B) Such recommendations as the Secretary considers appropriate for enhancing the utilization of the methodologies referred to in subsection (d)(1) so as to reduce copayments and coinsurance paid by Medicare beneficiaries for high-value prescription medications and clinical services furnished under the Medicare program and to otherwise improve the quality of health care provided under such Medicare program. (g) Waiver.--The Secretary may waive such provisions of titles XI and XVIII of the Social Security Act as may be necessary to carry out the demonstration program under this section. (h) Implementation Funding.--For purposes of carrying out the demonstration program under this section, the Secretary shall provide for the transfer from the Federal Hospital Insurance Trust Fund under section 1817 of the Social Security Act (42 U.S.C. 1395i) and the Federal Supplementary Insurance Trust Fund under section 1841 of the Social Security Act (42 U.S.C. 1395t), including the Medicare Prescription Drug Account in such Trust Fund, in such proportion as determined appropriate by the Secretary, of such sums as may be necessary. | Value Based Insurance Design Seniors Copayment Reduction Act of 2015 Directs the Department of Health and Human Services (HHS) to establish a demonstration program to test Value-Based Insurance Design methodologies in Medicare Advantage plans under part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act for beneficiaries with chronic clinical conditions. Defines "value-based insurance design methodology" as one for identifying specific prescription medications and clinical services for which copayments or coinsurance should be reduced or eliminated due to the high-value and effectiveness of such medications and services for specific clinical conditions. Directs HHS to expand the demonstration program, except in certain circumstances, by issuing regulations to implement, on a permanent basis, those components that are beneficial to Medicare beneficiaries and the Medicare program. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Women in Military Service for America Memorial Commemorative Coin Act''. SEC. 2. COIN SPECIFICATIONS. (a) Five Dollar Gold Coins.-- (1) Issuance.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall issue not more than 50,000 $5 gold coins each of which shall weigh 8.359 grams, have a diameter of 0.850 inches, and be composed of 90 percent gold and 10 percent alloy. (2) Design.--The design of the coins issued under paragraph (1) shall be symbolic of women's service in the Armed Forces of the United States. On each such coin there shall be a designation of the value of the coin, an inscription of the year ``1993'', and inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) One Dollar Silver Coins.-- (1) Issuance.--The Secretary shall issue not more than 500,000 $1 silver coins, each of which shall weigh 26.73 grams, have a diameter of 1.500 inches, and be composed of 90 percent silver and 10 percent copper. (2) Design.--The design of the coins issued under paragraph (1) shall be symbolic of women's service in the Armed Forces of the United States. On each such coin there shall be a designation of the value of the coin, an inscription of the year ``1993'', and inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (c) Legal Tender.--The coins issued under this Act shall be legal tender as provided in section 5103 of title 31, United States Code. (d) Numismatic Items.--The coins issued under this Act shall be numismatic items for purposes of section 5134 of title 31, United States Code. SEC. 3. SOURCES OF BULLION. (a) Gold.--The Secretary shall obtain gold for minting coins under this Act pursuant to the authority of the Secretary under existing law. (b) Silver.--The Secretary shall obtain silver for the coins minted under this Act from stockpiles established under the Strategic and Critical Minerals Stock Piling Act. SEC. 4. SELECTION OF DESIGN. (a) In General.--The design for the coins authorized by this Act shall be selected by the Secretary after consultation with the Commission of Fine Arts and the Women in Military Service for America Memorial Foundation, Incorporated. (b) Review by Citizens Commemorative Design Committee.--The design for the coins authorized by this Act shall be reviewed by the Citizens Commemorative Advisory Committee in accordance with section 5135 of title 31, United States Code. SEC. 5. ISSUANCE OF THE COINS. (a) Period for Issuance.--The Secretary may issue coins minted under this Act during the period beginning on November 1, 1993, and ending on December 31, 1994. (b) Quality of Coins.--The coins minted under this Act shall be issued in uncirculated and proof qualities. (c) Mint Facility.--Not more than 1 facility of the United States Mint may be used to strike any particular combination of denomination and quality of the coins minted under this Act. SEC. 6. SALE OF COINS. (a) Sales Price.--The coins issued under this Act shall be sold by the Secretary at a price not less than the sum of the face value of the coins, the surcharge provided in subsection (c) with respect to such coins, and the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Prepaid Orders at a Discount.--The Secretary shall accept prepaid orders for the coins prior to the issuance of such coins. Sales under this subsection shall be at a reasonable discount. (c) Surcharge Required.--All sales shall include a surcharge of $40 per coin for the $5 coins and $11 per coin for the $1 coins. SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS. (a) In General.--No provision of law governing procurement or public contracts shall be applicable to the procurement of goods or services necessary for carrying out the provisions of this Act. (b) Equal Employment Opportunity.--Subsection (a) shall not relieve any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity. SEC. 8. DISTRIBUTION OF SURCHARGES. The total surcharges received by the Secretary from the sale of the coins issued under this Act shall be promptly paid by the Secretary to the Women in Military Service for America Memorial Foundation, Inc., for the purpose of creating, endowing, and dedicating the Women in Military Service for America Memorial. SEC. 9. AUDITS. The Comptroller General shall have the right to examine such books, records, documents, and other data of the Women in Military Service for America Memorial Foundation, Inc., as may be related to the expenditure of amounts paid under section 8. SEC. 10. FINANCIAL ASSURANCES. (a) No Net Cost to the Government.--The Secretary shall take such actions as may be necessary to ensure that the minting and issuance of the coins referred to in section 2 will not result in any net cost to the Federal Government. (b) Payment for Issuance of Coins.--No coin shall be issued under this Act unless the Secretary has received-- (1) full payment for such coin; (2) security satisfactory to the Secretary to indemnify the United States for full payment for such coin; or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution whose deposits are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration. | Women in Military Service for America Memorial Commemorative Coin Act - Directs the Secretary of the Treasury to issue five-dollar gold coins and one-dollar silver coins symbolic of women's service in the armed forces. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Maritime Revitalization Act of 1993''. SEC. 2. MODIFICATIONS IN EXCISE TAX ON TRANSPORTATION OF PASSENGERS BY WATER. (a) In General.--Section 4471 of the Internal Revenue Code of 1986 is amended by adding at the end thereof the following new paragraph: ``(4) Tax on vessels having a capacity of at least 150 passengers.--In the case of a vessel having berth or stateroom accommodations for at least 150 passengers, the amount of the tax imposed by paragraph (1) shall be equal to 5 percent of the amount paid by each passenger for a covered voyage.'' (b) Modification to Covered Voyages.--Clause (i) of section 4472(1)(A) of such Code is amended by inserting before the comma ``and which has a port of call not located in the United States or a possession of the United States''. (c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. SEC. 3. EXCISE TAX ON CONTAINERS USED TO IMPORT OR EXPORT COMMERCIAL CARGO. (a) In General.--Chapter 36 of the Internal Revenue Code of 1986 (relating to certain other excise taxes) is amended by inserting after subchapter B the following new subchapter: ``Subchapter C--Containers Used To Import or Export Cargo ``Sec. 4476. Imposition of tax. ``SEC. 4476. IMPOSITION OF TAX. ``(a) General Rule.--There is hereby imposed a tax on any taxable container use. ``(b) Amount of Tax.--The amount of the tax imposed by subsection (a) on any taxable container use is $15 per 20-foot equivalent unit of the container. ``(c) Liability and Time of Imposition of Tax.-- ``(1) Liability.--The tax imposed by subsection (a) shall be paid by the shipper. ``(2) Time of imposition.--Except as otherwise provided by regulations, the tax imposed by subsection (a) shall be imposed-- ``(A) at the time of exportation in the case of a use described in subsection (d)(1), and ``(B) at the time of entry in the case of a use in subsection (d)(2). ``(d) Taxable Container Use.--For purposes of this section, the term `taxable container use' means-- ``(1) the loading of a container containing commercial cargo on a commercial vessel at a port if-- ``(A) such cargo is being exported from the United States, and ``(B) such vessel is to provide the transport from the United States, and ``(2) the unloading of a container containing commercial cargo from a commercial vessel at a port if such cargo is being entered into the United States. ``(e) Other Definitions.--For purposes of this section-- ``(1) In general.--The terms `commercial cargo', `commercial vessel', and `port' have the respective meanings given such terms under section 4462. ``(2) United states.--The term `United States' includes the possessions of the United States. ``(f) Special Rules.--Rules similar to the rules of subsections (d), (e), (f), (h), and (i) of section 4462 shall apply for purposes of this section.'' (b) Clerical Amendment.--The table of subchapters for chapter 36 of such Code is amended by inserting after the item relating to subchapter B the following new item: ``Subchapter C. Containers used to import or export cargo.'' (c) Effective Date.--The amendments made by this section shall take effect on January 1, 1996. SEC. 4. MARITIME REVITALIZATION FUND. (a) In General.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 (relating to trust fund code) is amended by adding at the end thereof the following new section: ``SEC. 9512. MARITIME REVITALIZATION FUND. ``(a) Creation of Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Maritime Revitalization Fund', consisting of such amounts as may be appropriated or credited to such Fund as provided in this section or section 9602(b). ``(b) Transfers to Fund.-- ``(1) In general.--There are hereby appropriated to the Maritime Revitalization Fund amounts equivalent to the net revenues received in the Treasury from the maritime taxes. ``(2) Net revenues.--For purposes of paragraph (1), the term `net revenues' means the amount estimated by the Secretary based on the excess of-- ``(A) the maritime taxes received in the Treasury, over ``(B) the decrease in the tax imposed by chapter 1 resulting from the maritime taxes. ``(3) Maritime taxes.--For purposes of this subsection, the term `maritime taxes' means-- ``(A) the taxes imposed by section 4471 (relating to transportation of passengers by water) to the extent the taxes received in the Treasury under such section exceed the amount that the Secretary estimates would have been received under such section without regard to the amendments made by the Maritime Revitalization Fund Act of 1993, and ``(B) the taxes imposed by section 4476 (relating to containers used to import or export commercial cargo). ``(c) Expenditures From Fund.--Amounts in the Maritime Revitalization Fund shall be available, as provided in appropriation Acts, only for purposes of making expenditures to carry out any law which is substantially similar to the title IV of the Merchant Marine Act, 1936 (46 App. U.S.C. 1171) proposed to be added by H.R. 2151 (The Maritime Security and Competitiveness Act of 1993) of the 103d Congress, as introduced.'' (b) Clerical Amendment.--The table of sections for such subchapter A is amended by adding at the end thereof the following new item: ``Sec. 9512. Maritime Revitalization Fund.'' | Maritime Revitalization Act of 1993 - Amends the Internal Revenue Code to increase the tax on transportation of passengers by water on vessels having a capacity of at least 150 passengers to five percent of the amount paid by each passenger. (Currently, such tax is three dollars per passenger.) Requires such covered voyages to have a port of call not located in the United States or its possessions. Imposes an excise tax on the loading of certain containers used to import or export commercial cargo on commercial vessels. Establishes the Maritime Revitalization Fund consisting of the maritime taxes imposed by this Act. Requires such Fund to support the maritime security fleet proposed by the Maritime Security and Competitiveness Act of 1993. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Patients and Hospitals From Price Gouging Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) many pharmaceutical drugs are necessary to maintain the health and welfare of the American people; (2) currently the Nation is facing a chronic shortage of vital drugs necessary in surgery, to treat cancer, and to fight other life-threatening illnesses; and (3) in order to prevent any party within the chain of distribution of any vital drugs from taking unfair advantage of consumers during market shortages, the public interest requires that such conduct be prohibited and made subject to criminal penalties. (b) Purpose.--The purpose of this Act is to prohibit excessive pricing during market shortages. SEC. 3. DEFINITIONS. As used in this Act-- (1) the term ``market shortage'' means a situation in which the total supply of all clinically interchangeable versions of an FDA-regulated drug is inadequate to meet the current or projected demand at the user level; (2) the term ``drug'' means a drug intended for use by human beings, which-- (A) because of its toxicity or other potentiality for harmful effect, or the method of its use, or the collateral measures necessary to its use, is not safe for use except under the supervision of a practitioner licensed by law to administer such drug; or (B) is limited by an approved application under section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) to use under the professional supervision of a practitioner licensed by law to administer such drug; (3) the term ``biologic'' means a virus, therapeutic serum, toxin, antitoxin, vaccine, blood, blood component or derivative, allergenic product, or analogous product, or arsphenamine or derivative of arsphenamine (or any other trivalent organic arsenic compound), applicable to the prevention, treatment, or cure of a disease or condition of human beings; and (4) the term ``vital drug'' means any drug or biologic used to prevent or treat a serious or life-threatening disease or medical condition, for which there is no other available source with sufficient supply of that drug or biologic or alternative drug or biologic available. SEC. 4. UNREASONABLY EXCESSIVE DRUG PRICING. (a) In General.-- (1) Authority.--The President may issue an Executive order declaring a market shortage for a period of 6 months with regard to one or more vital drugs due to a market shortage under this Act. (2) Unlawful act.--If the President issues an Executive order under paragraph (1), it shall be unlawful for any person to sell vital drugs at a price that is unreasonably excessive and indicates that the seller is taking unfair advantage of the circumstances related to a market shortage to unreasonably increase prices during such period. (b) Authority.--The Attorney General is authorized to enforce penalties under this Act. SEC. 5. ENFORCEMENT. (a) Enforcement.-- (1) In general.--Whoever sells, or offers to sell, any vital drug during a declared market shortage with the knowledge and intent to charge a price that is unreasonably excessive under the circumstances shall be guilty of an offense under this section and subject to injunction and penalties as provided in paragraphs (2) and (3). (2) Action in district court for injunction.--Whenever it shall appear to the Attorney General that any person is engaged in or about to engage in acts or practices constituting a violation of any provision of this section and until such complaint is dismissed by the Attorney General or set aside by a court on review, the Attorney General may in his or her discretion bring an action in the proper district court of the United States, the United States District Court for the District of Columbia, or the United States courts of any territory or other place subject to the jurisdiction of the United States to enjoin such acts or practices, and upon a proper showing a permanent or temporary injunction or restraining order shall be granted without bond in the interest of the public. (3) Criminal penalties.--Any person acting with the knowledge and intent to charge a price that is unreasonably excessive under the circumstances shall be guilty of an offense under this section and title 18, United States Code, and subject to imprisonment for a term not to exceed 3 years, fined an amount not to exceed $5,000,000, or both. (b) Enforcement.--The criminal penalty provided by subsection (a) may be imposed only pursuant to a criminal action brought by the Attorney General or other officer of the Department of Justice. (c) Multiple Offenses.--In assessing the penalty provided by subsection (a) each day of a continuing violation shall be considered a separate violation. (d) Application.-- (1) In general.--This section shall apply-- (A) in the geographical area where the vital drug market shortage has been declared; and (B) to all wholesalers and distributors in the chain of distribution. (2) Inapplicable.--This section shall not apply to a hospital (as defined in section 1861(e) of the Social Security Act (42 U.S.C. 1395x(e)) or a physician (as defined in section 1861(q) of the Social Security Act (42 U.S.C. 1395x(q)). SEC. 6. DETERMINATION OF UNREASONABLY EXCESSIVE. (a) In General.--The Attorney General, in determining whether an alleged violator's price was unreasonably excessive, shall consider whether-- (1) the price reasonably reflected additional costs, not within the control of that person or company, that were paid, incurred, or reasonably anticipated by that person or company; (2) the price reasonably reflected additional risks taken by that person or company to produce, distribute, obtain, or sell such product under the circumstances; (3) there is a gross disparity between the challenged price and the price at which the same or similar goods were readily available in the same region and during the same Presidentially declared market shortage; (4) the marginal benefit received by the wholesaler or distributor is significantly changed in comparison with marginal earnings in the year before a market shortage was declared; (5) the price charged was comparable to the price at which the goods were generally available in the trade area if the wholesaler or distributor did not sell or offer to sell the prescription drug in question prior to the time a market shortage was declared; and (6) the price was substantially attributable to local, regional, national, or international market conditions. (b) Consultation.--Not later than 1 year after the date of enactment of this Act and annually thereafter, the Attorney General or designee, shall consult with representatives of the National Association of Wholesalers, Group Purchasing Organizations, Pharmaceutical Distributors, Hospitals, Manufacturers, patients, and other interested community organizations to reassess the criteria set forth in subsection (a) in determining unreasonably excessive and prepare and submit to Congress a report on the results of the reassessment. SEC. 7. DURATION. (a) In General.--Any market shortage declared by the President in accordance with this Act shall be in effect for a period of not to exceed 6 months from the date on which the President issues the Executive order. (b) Termination.--Any market shortage declared by the President in accordance with this Act shall terminate if-- (1) there is enacted a law terminating the market shortage which shall be passed by Congress after a national market shortage is declared; or (2) the President issues a proclamation terminating the market shortage; whichever comes first. (c) Declaration Renewal.--The President may renew the state of market shortage declared under subsection (a), if the President declares that the severe shortage continues to affect the health and well being of citizens beyond the initial 6-month period. | Protecting Patients and Hospitals From Price Gouging Act - Authorizes the President to issue an executive order declaring a market shortage for six months with regard to one or more vital drugs if the total supply of all clinically interchangeable versions of a drug regulated by the Food and Drug Administration (FDA) is inadequate to meet the current or projected demand at the user level. Defines a "vital drug" as any drug or biologic used to prevent or treat a serious or life-threatening disease or medical condition, for which there is no other available source with sufficient supply available. Makes it unlawful, when the President issues such an executive order, for any person to sell vital drugs at a price that: (1) is unreasonably excessive, and (2) indicates that the seller is taking unfair advantage of the circumstances related to a market shortage to increase prices unreasonably during that period. Gives the Attorney General authority to enforce penalties under this Act. Makes any person who sells, or offers to sell, any vital drug during a declared market shortage with the knowledge and intent to charge a price unreasonably excessive under the circumstances guilty of an offense and subject to injunction and penalties. Applies such sanctions, except to a hospital or a physician, in the geographical area where the vital drug market shortage has been declared and to all wholesalers and distributors in the chain of distribution. Sets forth factors for the Attorney General to consider in determining whether an alleged violator's price was unreasonably excessive. Makes a declaration under this Act terminate if: (1) there is enacted a law terminating the market shortage after a national market shortage is declared, or (2) the President issues a proclamation terminating the declaration. Authorizes the President to renew such a market shortage declaration if the severe shortage continues to affect the health and well-being of citizens beyond the initial six-month period. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Drug Use Prevention Act of 1997''. SEC. 2. DEFINITION OF ``RECOMMEND''. Section 102 of the Controlled Substances Act (21 U.S.C. 802) is amended by adding at the end the following: ``(47) A practitioner will be deemed to have `recommended' the use of marihuana if the practitioner offered advice, or responded to a request for advice, suggesting the use of marihuana while acting in the course of his or her professional capacity.''. SEC. 3. DENIAL OR REVOCATION OF REGISTRATION. (a) Denial of Registration.--Section 303(f) of the Controlled Substances Act (21 U.S.C. 823(f)) is amended-- (1) by redesignating paragraphs (1) through (5) as subclauses (I) through (V), respectively, and indenting accordingly; (2) by striking ``(f) The Attorney General'' and inserting the following: ``(f) Registration of Practitioners to Dispense or Conduct Research With Controlled Substances.-- ``(1) In general.--Subject to paragraph (2), the Attorney General''; (3) in the second sentence, by striking ``The Attorney'' and inserting the following: ``(2) Denial of registration.-- ``(A) Discretionary denial of application.-- ``(i) In general.--The Attorney''; (4) in the third sentence, by striking ``In determining the public interest'' and inserting the following: ``(ii) Determination of public interest.-- In determining the public interest for purposes of clause (i)''; (5) in the undesignated paragraph following subclause (V), as redesignated by paragraph (1) of this subsection, by striking ``Separate registration'' and inserting the following: ``(3) Registration for research purposes.--Separate registration''; and (6) by adding at the end of paragraph (2), as so designated by paragraph (3) of this subsection, the following: ``(B) Mandatory denial of application.--The Attorney General shall deny an application for registration under this subsection upon a finding by the Attorney General that the applicant practitioner-- ``(i) administered, dispensed, or recommended the use of marihuana to an individual in violation of Federal or State law; or ``(ii) has been excluded (or directed to be excluded) from participation in a program pursuant to section 1128(a)(5) of the Social Security Act (42 U.S.C. 1320a-7(a)(5)).''. (b) Revocation of Registration.--Section 304(a) of the Controlled Substances Act (21 U.S.C. 824(a)) is amended-- (1) in subsection (a)-- (A) by redesignating paragraphs (1) through (5) as subparagraphs (A) through (E), respectively, and indenting accordingly; (B) by striking ``(a) A registration'' and inserting ``(a)(1) Subject to paragraph (3), a registration''; and (C) in the undesignated paragraph following subparagraph (E), as redesignated, by striking ``A registration'' and inserting the following: ``(2) Revocation of registration to dispense a narcotic drug.--A registration''; and (2) by adding at the end the following: ``(3) Mandatory revocation of registration.--The Attorney General shall revoke a registration described in paragraph (1) upon a finding by the Attorney General that the registrant-- ``(A) administered, dispensed, or recommended the use of marihuana to an individual in violation of Federal or State law; or ``(B) has been excluded (or directed to be excluded) from participation in a program pursuant to section 1128(a)(5) of the Social Security Act (42 U.S.C. 1320a-7(a)(5)).''. SEC. 4. PROHIBITED ACTS RELATING TO MARIHUANA. Section 403(a) of the Controlled Substances Act (21 U.S.C. 843(a)) is amended-- (1) in paragraph (3), by inserting before the semicolon ``, including acquiring or obtaining possession of marihuana by means of claiming a medical need, with the intent of selling or distributing the marihuana''; (2) in paragraph (8), by striking ``or'' at the end; (3) in paragraph (9), by striking the period at the end and inserting ``; or''; and (4) by adding at the end the following: ``(10) if that person is a practitioner, to prescribe, dispense, or recommend the use of marihuana.''. SEC. 5. ENHANCED PENALTIES RELATING TO MARIHUANA. Section 403 of the Controlled Substances Act (21 U.S.C. 843) is amended by adding at the end the following: ``(g) In addition to any other applicable penalty, any practitioner who violates this section by prescribing, dispensing, or recommending the use of marihuana to a person under 21 years of age shall be sentenced to a term of imprisonment of not more than 8 years, a fine of not more than $60,000, or both.''. SEC. 6. EXCLUSION OF CERTAIN INDIVIDUALS AND ENTITIES FROM PARTICIPATION IN MEDICARE AND STATE HEALTH CARE PROGRAMS FOR ILLEGALLY DISPENSING MARIHUANA. Section 1128(a) of the Social Security Act (42 U.S.C. 1320a-7(a)) is amended by adding at the end the following: ``(5)(A) Any person (including an organization, agency, or other entity, but excluding a beneficiary, as defined in subsection 1128A(i)(5)) that administers, dispenses, or recommends the use of marihuana to an individual in violation of a Federal or State law. ``(B) In this paragraph, the terms `administer', `dispense', `recommend', and `marihuana' have the same meanings as in section 102 of the Controlled Substances Act (21 U.S.C. 802)).''. | Drug Use Prevention Act of 1997 - Amends: (1) the Social Security Act to exclude individuals and entities from participation in Medicare and State health care programs (participation) for administering, dispensing, or recommending the use of marihuana to an individual in violation of Federal or State law; and (2) the Controlled Substances Act (CSA) to direct the Attorney General to deny an application for registration, or revoke a registration, of a practitioner to dispense, or conduct research with, controlled substances upon a finding by the Attorney General that the applicant practitioner administered, dispensed, or recommended the use of marihuana to an individual in violation of Federal or State law or that the applicant practitioner has been excluded (or directed to be excluded) from participation for illegally dispensing marihuana. Deems a practitioner to have "recommended" the use of marihuana if he or she offered advice, or responded to a request for advice, suggesting the use of marihuana while acting in the course of his or her professional capacity. Amends the CSA to prohibit: (1) an individual from acquiring or obtaining possession of marihuana by means of claiming a medical need, with the intent of selling or distributing the marihuana; and (2) a practitioner from prescribing, dispensing, or recommending the use of marihuana. Directs that, in addition to any other applicable penalty, any practitioner who violates the CSA by prescribing, dispensing, or recommending the use of marihuana to a person under age 21 be sentenced to up to eight years' imprisonment, fined up to $60,000, or both. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Persian Gulf War Veterans Health and Services Enhancement Act''. SEC. 2. TOLL-FREE HOTLINE FOR PERSIAN GULF WAR VETERAN HEALTH INFORMATION. (a) In General.--The Secretary of Veterans Affairs shall maintain an information system involving the use of a toll-free telephone number to provide veterans of the Persian Gulf War and their family members (and other members of the public at the Secretary's discretion) with information regarding the following: (1) The Persian Gulf War Veterans Health Registry established by the Persian Gulf War Veterans' Health Status Act (38 U.S.C. 527 note). (2) Access to health services and health-related benefits provided by or under the auspices of the Department of Veterans Affairs, including-- (A) marriage and family counseling available under section 121 of the Veterans' Medical Programs Amendments of 1992 (38 U.S.C. 1712A note); (B) health care available under section 1710(e)(1)(C) of title 38, United States Code; and (C) health examinations, consultation, and counseling available under section 703 of the Persian Gulf War Veterans' Health Status Act (38 U.S.C. 527 note). (3) Compensation and benefits related to disabilities resulting from service in the Persian Gulf War, including disabilities resulting from illness that resulted from such service. (4) Significant developments in research relating to the health consequences of service in the Persian Gulf War. (5) Any other information that the Secretary determines to be appropriate. (b) Date of Establishment of Information System.--The Secretary of Veterans Affairs shall establish the information system required by subsection (a) not later than 90 days after the date of the enactment of this Act. SEC. 3. OUTREACH TO VETERANS OF PERSIAN GULF WAR. Section 702(f) of the Persian Gulf War Veterans' Health Status Act (38 U.S.C. 527 note) is amended to read as follows: ``(f) Ongoing Outreach to Individuals Listed in Registry.-- ``(1) In general.--The Secretary of Veterans Affairs shall notify each individual listed in the Registry, or, in the case of such an individual who is deceased, the surviving spouse, children, or parents of such individual, at least quarterly, by newsletter or by other means that the Secretary determines to be appropriate, of-- ``(A) the status and findings of federally sponsored research relating to the illnesses of individuals who served as members of the Armed Forces in the Persian Gulf theater of operations during the Persian Gulf War or to the illnesses of the family members of such individuals; ``(B) compensation and benefits, including health care and other health-related benefits, that may be provided by the Department of Veterans Affairs or the Department of Defense to an individual who served as a member of the Armed Forces in the Persian Gulf theater of operations during the Persian Gulf War or, in the case of such an individual who is deceased, to the surviving spouse, children, or parents of such an individual; and ``(C) any other information that the Secretary determines to be appropriate. ``(2) Consultation with veterans service organizations.--In preparing the newsletter or other means used to conduct the notification required by paragraph (1), the Secretary of Veterans Affairs shall consult with veterans' service organizations. ``(3) Date that quarterly notifications begin.--The Secretary of Veterans Affairs shall make the first of the periodic notifications required by paragraph (1) not later than 90 days after the date of the enactment of the Persian Gulf War Veterans Health and Services Enhancement Act.''. SEC. 4. EXTENSION OF AUTHORITY TO PROVIDE PRIORITY HEALTH CARE TO VETERANS OF THE PERSIAN GULF WAR. (a) Hospital and Nursing Home Care.--Section 1710(e)(3) of title 38, United States Code, is amended by striking ``December 31, 1994'' and inserting ``December 31, 1998''. (b) Outpatient Care.--Section 1712(a)(1)(D) of title 38, United States Code, is amended by striking ``December 31, 1994'' and inserting ``December 31, 1998''. SEC. 5. EXTENSION OF MARRIAGE AND FAMILY COUNSELING AVAILABILITY FOR PERSIAN GULF WAR VETERANS. (a) In General.--Section 121(a) of the Veterans' Medical Programs Amendments of 1992 (38 U.S.C. 1712A note) is amended by striking ``September 30, 1994'' and inserting ``December 31, 1998''. (b) Authorization of Appropriations.--Section 121(g) of the Veterans' Medical Programs Amendments of 1992 (38 U.S.C. 1712A note) is amended by striking ``and 1994'' and inserting ``through 1999''. | Persian Gulf War Veterans Health and Services Enhancement Act - Directs the Secretary of Veterans Affairs to maintain an information system involving the use of a toll-free telephone number to provide Persian Gulf War veterans and their families (and members of the public at the Secretary's discretion) with information regarding: (1) the Persian Gulf War Veterans Health Registry; (2) access to Department of Veterans Affairs health services and benefits; (3) compensation and benefits relating to disabilities resulting from service in the Persian Gulf War (War); and (4) significant developments in research related to health consequences from such service. Amends the Persian Gulf War Veterans' Health Status Act to direct the Secretary to notify such veterans, or, if deceased, the veteran's surviving spouse, children, or parents at least quarterly concerning research findings, compensation and benefits, and other appropriate matters relating to service by veterans in the War. Extends through December 31, 1998, the authority of the Department to provide hospital, nursing home, and outpatient care to veterans of the War. Amends the Veterans' Medical Program Amendments of 1992 to extend through December 31, 1998, the authority of the Secretary to furnish marriage and family counseling to such veterans. Extends through FY 1999 the authorization of appropriations for such counseling. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Menopausal Hormone Replacement Therapies and Alternative Treatments and Fairness Act of 2011''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Medicare coverage of menopausal hormone replacement therapy and alternative treatments for menopausal hormone replacement therapy. Sec. 4. Medicaid coverage of alternative treatments for menopausal hormone replacement therapy. Sec. 5. Coverage of menopausal hormone replacement therapy and alternative treatments for menopausal hormone replacement therapy under group health plans and individual health insurance coverage. Sec. 6. Coverage of menopausal hormone replacement therapy and alternative treatments for menopausal hormone replacement therapy under FEHBP. Sec. 7. Coverage of alternative treatments for menopausal hormone replacement therapy under Department of Veterans Affairs health care system. SEC. 2. FINDINGS. Congress finds the following: (1) The Women's Health Initiative terminated its study of hormone therapy three years early because of findings that the combination of estrogen and progestin increases the risk of heart disease, stroke, blood clots, and breast cancer, and that estrogen alone increases the risk of stroke and, in women over 65 years of age, increases the risk of dementia. (2) The National Institutes of Health has stated unequivocally that while menopause is a natural process in women's lives, some women at midlife experience hot flashes, night sweats, vaginal dryness, sleep disturbances, and mood disturbances that disrupt quality of life. Women who have had menopause induced by surgery, chemotherapy, or radiation are more likely to experience these symptoms. (3) Women deserve relief from menopause-related symptoms. (4) The National Institutes of Health have stated that while estrogen and progestin have been found to be effective remedies for these symptoms, these remedies are not without risk. (5) Concerned about these risks, women seek alternative types of treatments for symptoms that disrupt quality of life, such as hot flashes, night sweats, vaginal dryness, sleep disturbances, and mood disturbances. (6) The National Institutes of Health have found that although there are many alternatives to synthetic hormones available, including bio-identical or ``natural'' hormones as well as herbal remedies and food supplements, the effectiveness and long-term safety of these products need to be rigorously studied in diverse populations. (7) Government insurance programs, such as Medicare, Medicaid, the Federal Employees Health Benefits Program (FEHBP), and the Department of Veterans Affairs, do not cover non-prescription alternative treatments for menopause-related symptoms because of a lack of demonstrated safety and efficacy of these products. (8) Most private health insurance coverage does not cover non-prescription alternative treatments for menopause-related symptoms because of a lack of demonstrated safety and efficacy of these products. SEC. 3. MEDICARE COVERAGE OF MENOPAUSAL HORMONE REPLACEMENT THERAPY AND ALTERNATIVE TREATMENTS FOR MENOPAUSAL HORMONE REPLACEMENT THERAPY. (a) In General.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (1) by striking ``and'' at the end of subparagraph (EE); (2) by adding ``and'' at the end of subparagraph (FF); and (3) by adding at the end the following new subparagraph: ``(GG)(i) hormone replacement therapy for treatment of menopausal symptoms; and ``(ii) an alternative therapy for hormone replacement therapy for treatment of menopausal symptoms if the therapy is recommended by a health care provider who is licensed, accredited, or certified under State law, if it has been proven safe and effective in peer-reviewed scientific studies, and if it is administered only after the health care provider obtains the informed consent of the patient to receive it;''. (b) Effective Date.--The amendments made by subsection (a) shall apply to therapies furnished on or after the date of the enactment of this Act. SEC. 4. MEDICAID COVERAGE OF ALTERNATIVE TREATMENTS FOR MENOPAUSAL HORMONE REPLACEMENT THERAPY. (a) Requirement for Coverage.--Section 1902(a)(10) of the Social Security Act (42 U.S.C. 1396a(a)(10)) is amended-- (1) in subparagraph (A) in the matter before clause (i), by striking ``and (28)'' and inserting ``, (28), and (29)''; and (2) in subparagraph (C)(iv)-- (A) by striking ``and (17)'' and inserting ``, (17), and (29)''; and (B) by striking ``through (24)'' and inserting ``through (29)''. (b) Description of Covered Therapies.--Section 1905(a) of such Act (42 U.S.C. 1396d(a)) is amended-- (1) by striking ``and'' at the end of paragraph (28); (2) by redesignating paragraph (29) as paragraph (30); and (3) by inserting after paragraph (28) the following new paragraph: ``(29) an alternative therapy for hormone replacement therapy for treatment of menopausal symptoms if the therapy is recommended by a health care provider who is licensed, accredited, or certified under State law, if it has been proven safe and effective in peer-reviewed scientific studies, and if it is administered only after the health care provider obtains the informed consent of the patient to receive it; and''. (c) Effective Date.--The amendments made by this section apply to therapies furnished on or after the date of the enactment of this Act, without regard to whether or not final regulations to carry out such amendments have been promulgated by such date. SEC. 5. COVERAGE OF MENOPAUSAL HORMONE REPLACEMENT THERAPY AND ALTERNATIVE TREATMENTS FOR MENOPAUSAL HORMONE REPLACEMENT THERAPY UNDER GROUP HEALTH PLANS AND INDIVIDUAL HEALTH INSURANCE COVERAGE. (a) Public Health Service Act Amendments.-- (1) In general.--Title XXVII of the Public Health Service Act is amended by inserting after section 2728 of such Act (42 U.S.C. 300gg-28), as redesignated by section 1001(2) of the Patient Protection and Affordable Care Act (Public Law 111- 148), the following new section: ``SEC. 2729. STANDARD RELATING TO COVERAGE OF MENOPAUSAL HORMONE REPLACEMENT THERAPY AND ALTERNATIVE TREATMENTS FOR MENOPAUSAL HORMONE REPLACEMENT THERAPY. ``(a) Requirements.-- ``(1) Menopausal hormone replacement therapy.--If a group health plan, or a health insurance issuer offering group or individual health insurance coverage, provides benefits for outpatient prescription drugs, the plan or coverage may not exclude or restrict benefits for hormone replacement therapy for treatment of menopausal symptoms. ``(2) Alternative treatments for menopausal hormone replacement therapy.--If a group health plan, or a health insurance issuer offering group or individual health insurance coverage, provides benefits for hormone replacement therapy for treatment of menopausal symptoms, the plan or coverage may not exclude or restrict benefits for an alternative therapy for hormone replacement therapy for treatment of menopausal symptoms if-- ``(A) the therapy is recommended by a health care provider who is licensed, accredited, or certified under State law; ``(B) it has been proven safe and effective in peer-reviewed scientific studies; and ``(C) it is administered only after the health care provider obtains the informed consent of the patient to receive it. ``(b) Notice.--A group health plan under this part shall comply with the notice requirement under section 716(b) of the Employee Retirement Income Security Act of 1974 with respect to the requirements of this section as if such section applied to such plan. A health insurance issuer under this part shall comply with the notice requirement under such section with respect to the requirements of this section as if such section applied to such issuer and such issuer were a group health plan. ``(c) Effective Date.--Notwithstanding any other provision of law, this section shall apply with respect to plan years beginning on or after the date of the enactment of the Menopausal Hormone Replacement Therapies and Alternative Treatments and Fairness Act of 2011 and with respect to health insurance coverage issued on or after such date.''. (2) Conforming amendment.--Section 2724(c) of such Act (42 U.S.C. 300gg-23(c)), as redesignated by sections 1001(4) and 1563(c)(14)(B) of the Patient Protection and Affordable Care Act (Public Law 111-148) is amended by striking ``section 2704'' and inserting ``sections 2704 and 2729''. (3) Application rule.--For purposes of applying section 2729 of the Public Health Service Act, as inserted by paragraph (1), to individual health insurance coverage before 2014, the provisions of such section shall be treated as also included under part B of title XXVII of the Public Health Service Act. (b) ERISA Amendments.-- (1) In general.--Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following new section: ``SEC. 716. STANDARD RELATING TO COVERAGE OF MENOPAUSAL HORMONE REPLACEMENT THERAPY AND ALTERNATIVE TREATMENTS FOR MENOPAUSAL HORMONE REPLACEMENT THERAPY. ``(a) Requirements.-- ``(1) Menopausal hormone replacement therapy.--If a group health plan, or a health insurance issuer offering group health insurance coverage, provides benefits for outpatient prescription drugs, the plan or coverage may not exclude or restrict benefits for hormone replacement therapy for treatment of menopausal symptoms. ``(2) Alternative treatments for menopausal hormone replacement therapy.--If a group health plan, or a health insurance issuer offering group health insurance coverage, provides benefits for hormone replacement therapy for treatment of menopausal symptoms, the plan or coverage may not exclude or restrict benefits for an alternative therapy for hormone replacement therapy for treatment of menopausal symptoms if-- ``(A) the therapy is recommended by a health care provider who is licensed, accredited, or certified under State law; ``(B) it has been proven safe and effective in peer-reviewed scientific studies; and ``(C) it is administered only after the health care provider obtains the informed consent of the patient to receive it. ``(b) Notice Under Group Health Plan.--The imposition of the requirement of this section shall be treated as a material modification in the terms of the plan described in the last sentence of section 102(a), for purposes of assuring notice of such requirements under the plan; except that the summary description required to be provided under the fourth sentence of section 104(b)(1) with respect to such modification shall be provided by not later than 60 days after the first day of the first plan year in which such requirement applies.''. (2) Conforming amendments.-- (A) Section 731(c) of such Act (29 U.S.C. 1191(c)) is amended by striking ``section 711'' and inserting ``sections 711 and 716''. (B) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is amended by striking ``section 711'' and inserting ``sections 711 and 716''. (C) The table of contents in section 1 of such Act is amended by inserting after the item relating to section 714 the following new item: ``Sec. 716. Standard relating to coverage of menopausal hormone replacement therapy and alternative treatments for menopausal hormone replacement therapy.''. (c) Internal Revenue Code Amendments.-- (1) In general.--Subchapter B of chapter 100 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``SEC. 9816. STANDARD RELATING TO COVERAGE OF MENOPAUSAL HORMONE REPLACEMENT THERAPY AND ALTERNATIVE TREATMENTS FOR MENOPAUSAL HORMONE REPLACEMENT THERAPY. ``(a) Menopausal Hormone Replacement Therapy.--If a group health plan provides benefits for outpatient prescription drugs, the plan may not exclude or restrict benefits for hormone replacement therapy for treatment of menopausal symptoms. ``(b) Alternative Treatments for Menopausal Hormone Replacement Therapy.--If a group health plan provides benefits for hormone replacement therapy for treatment of menopausal symptoms, the plan may not exclude or restrict benefits for an alternative therapy for hormone replacement therapy for treatment of menopausal symptoms if-- ``(1) the therapy is recommended by a health care provider who is licensed, accredited, or certified under State law; ``(2) it has been proven safe and effective in peer- reviewed scientific studies; and ``(3) it is administered only after the health care provider obtains the informed consent of the patient to receive it.'' (2) Conforming amendments.-- (A) Section 4980D(d)(1) of such Code is amended by striking ``section 9811'' and inserting ``sections 9811 and 9816''. (B) The table of sections for subchapter B of chapter 100 of such Code is amended by adding at the end the following new item: ``Sec. 9816. Standard relating to coverage of menopausal hormone replacement therapy and alternative treatments for menopausal hormone replacement therapy.''. (d) Coordination of Administration.--The Secretary of Labor, the Secretary of the Treasury, and the Secretary of Health and Human Services shall ensure, through the execution of an interagency memorandum of understanding among such Secretaries, that-- (1) regulations, rulings, and interpretations issued by such Secretaries relating to the same matter over which two or more such Secretaries have responsibility under the provisions of this section (and the amendments made thereby) are administered so as to have the same effect at all times; and (2) coordination of policies relating to enforcing the same requirements through such Secretaries in order to have a coordinated enforcement strategy that avoids duplication of enforcement efforts and assigns priorities in enforcement. (e) Effective Date.--The amendments made by subsections (b) and (c) shall apply with respect to group health plans for plan years beginning on or after the date of the enactment of this Act. SEC. 6. COVERAGE OF MENOPAUSAL HORMONE REPLACEMENT THERAPY AND ALTERNATIVE TREATMENTS FOR MENOPAUSAL HORMONE REPLACEMENT THERAPY UNDER FEHBP. (a) In General.--Section 8902 of title 5, United States Code, is amended by adding at the end the following new subsection: ``(p)(1) If a contract or plan provides benefits for outpatient prescription drugs, the contract or plan may not exclude or restrict benefits for hormone replacement therapy for treatment of menopausal symptoms. ``(2) If a contract or plan provides benefits for hormone replacement therapy for treatment of menopausal symptoms, the contract or plan may not exclude or restrict benefits for an alternative therapy for hormone replacement therapy for treatment of menopausal symptoms if-- ``(A) the therapy is recommended by a health care provider who is licensed, accredited, or certified under State law; ``(B) it has been proven safe and effective in peer- reviewed scientific studies; and ``(C) it is administered only after the health care provider obtains the informed consent of the patient to receive it.''. (b) Effective Date.--The amendment made by this section shall apply with respect to contracts made and plans approved on or after the date of the enactment of this Act. SEC. 7. COVERAGE OF ALTERNATIVE TREATMENTS FOR MENOPAUSAL HORMONE REPLACEMENT THERAPY UNDER DEPARTMENT OF VETERANS AFFAIRS HEALTH CARE SYSTEM. (a) In General.--Section 1701(6) of title 38, United States Code, is amended by adding at the end the following new subparagraph: ``(H) An alternative therapy for hormone replacement therapy for treatment of menopausal symptoms if the therapy is recommended by a health care provider who is licensed, accredited, or certified under State law, if the therapy has been proven safe and effective in peer-reviewed scientific studies, and if it is administered only after the health care provider obtains the informed consent of the patient to receive it.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to therapies furnished on or after the date of the enactment of this Act. | Menopausal Hormone Replacement Therapies and Alternative Treatments and Fairness Act of 2011 - Amends title XVIII (Medicare) of the Social Security Act (SSA) tocover hormone replacement therapy for menopausal symptoms and alternative treatments for such therapy. Amends SSA title XIX (Medicaid) to cover alternative treatments for hormone replacement therapy for menopausal symptoms. Requires coverage of hormone replacement therapy for menopausal symptoms and alternative treatments for such therapy on the same basis as outpatient prescription drugs under: (1) the Public Health Service Act and the Employee Retirement Income Security Act of 1974 (ERISA) (group health plans and group and individual health insurance); (2) the Internal Revenue Code (group health plans); and (3) federal employee health benefit plans. Includes alternative treatments for hormone replacement therapy for menopausal symptoms under veterans' benefits. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Children From Identity Theft Act''. SEC. 2. REDUCING IDENTITY FRAUD. (a) Purpose.--The purpose of this section is to reduce the prevalence of synthetic identity fraud, which disproportionally affects vulnerable populations, such as minors and recent immigrants, by facilitating the validation by permitted entities of fraud protection data, pursuant to electronically received consumer consent, through use of a database maintained by the Commissioner. (b) Definitions.--In this section: (1) Commissioner.--The term ``Commissioner'' means the Commissioner of the Social Security Administration. (2) Financial institution.--The term ``financial institution'' has the meaning given the term in section 509 of the Gramm-Leach-Bliley Act (15 U.S.C. 6809). (3) Fraud protection data.--The term ``fraud protection data'' means a combination of the following information with respect to an individual: (A) The name of the individual (including the first name and any family forename or surname of the individual). (B) The Social Security number of the individual. (C) The date of birth (including the month, day, and year) of the individual. (4) Permitted entity.--The term ``permitted entity'' means a financial institution or a service provider, subsidiary, affiliate, agent, subcontractor, or assignee of a financial institution. (c) Efficiency.-- (1) Reliance on existing methods.--The Commissioner shall evaluate the feasibility of making modifications to any database that is in existence as of the date of enactment of this Act or a similar resource such that the database or resource-- (A) is reasonably designed to effectuate the purpose of this section; and (B) meets the requirements of subsection (d). (2) Execution.--The Commissioner shall make the modifications necessary to any database that is in existence as of the date of enactment of this Act or similar resource, or develop a database or similar resource, to effectuate the requirements described in paragraph (1). (d) Protection of Vulnerable Consumers.--The database or similar resource described in subsection (c) shall-- (1) compare fraud protection data provided in an inquiry by a permitted entity against such information maintained by the Commissioner in order to confirm (or not confirm) the validity of the information provided; (2) be scalable and accommodate reasonably anticipated volumes of verification requests from permitted entities with commercially reasonable uptime and availability; (3) allow permitted entities to submit-- (A) one or more individual requests electronically for real-time machine-to-machine (or similar functionality) accurate responses; and (B) multiple requests electronically, such as those provided in a batch format, for accurate electronic responses within a reasonable period of time from submission, not to exceed 24 hours; (4) be funded, including any appropriate upgrades, maintenance, and associated direct and indirect administrative costs, by users of the database or similar resource, in a manner consistent with that described in section 1106(b) of the Social Security Act (42 U.S.C. 1306(b)); and (5) not later than 180 days after the date of enactment of this Act, be fully operational. (e) Certification Required.--Before providing confirmation of fraud protection data to a permitted entity, the Commissioner shall ensure that the Commissioner has a certification from the permitted entity that is dated not more than 2 years before the date on which that confirmation is provided that includes the following declarations: (1) The entity is a permitted entity. (2) The entity is in compliance with this section. (3) The entity is, and will remain, in compliance with its privacy and data security requirements, as described in title V of the Gramm-Leach-Bliley Act (15 U.S.C. 6801 et seq.), with respect to information the entity receives from the Commissioner pursuant to this section. (4) The entity will retain sufficient records to demonstrate its compliance with its certification and this section for a period of not less than 2 years. (f) Consumer Consent.-- (1) In general.--Notwithstanding any other provision of law or regulation, a permitted entity may submit a request to the database or similar resource described in subsection (c) only-- (A) pursuant to the written, including electronic, consent received by a permitted entity from the individual who is the subject of the request; and (B) in connection with a credit transaction or any circumstance described in section 604 of the Fair Credit Reporting Act (15 U.S.C. 1681b). (2) Electronic consent requirements.--For a permitted entity to use the consent of an individual received electronically pursuant to paragraph (1)(A), the permitted entity must obtain the individual's electronic signature, as defined in section 106 of the Electronic Signatures in Global and National Commerce Act (15 U.S.C. 7006). (3) Effectuating electronic consent.--No provision of law or requirement, including section 552a of title 5, United States Code, shall prevent the use of electronic consent for purposes of this subsection or for use in any other consent based verification under the discretion of the Commissioner. (g) Compliance and Enforcement.-- (1) Audits and monitoring.-- (A) In general.--The Commissioner may-- (i) conduct audits and monitoring to-- (I) ensure proper use by permitted entities of the database or similar resource described in subsection (c); and (II) deter fraud and misuse by permitted entities with respect to the database or similar resource described in subsection (c); and (ii) terminate services for any permitted entity that prevents or refuses to allow the Commissioner to carry out the activities described in clause (i). (2) Enforcement.-- (A) In general.--Notwithstanding any other provision of law, including the matter preceding paragraph (1) of section 505(a) of the Gramm-Leach- Bliley Act (15 U.S.C. 6805(a)), any violation of this section and any certification made under this section shall be enforced in accordance with paragraphs (1) through (7) of such section 505(a) by the agencies described in those paragraphs. (B) Relevant information.--Upon discovery by the Commissioner, pursuant to an audit described in paragraph (1)(A), of any violation of this section or any certification made under this section, the Commissioner shall forward any relevant information pertaining to that violation to the appropriate agency described in subparagraph (A) for evaluation by the agency for purposes of enforcing this section. | Protecting Children From Identity Theft Act This bill requires the Social Security Administration to develop a database to facilitate the verification of consumer information upon request by a certified financial institution. Such verification shall be provided only with the consumer's consent and in connection with a credit transaction. Users of the database shall pay system costs. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Patient Safety Act of 1996''. SEC. 2. FINDINGS. Congress finds as follows: (1) There has been increased and growing public concern expressed regarding the quality and safety of services provided by health care facilities and institutions, as such facilities have instituted aggressive efforts to reduce levels of staff who provide direct patient care services as a principal means of decreasing expenses. (2) A growing body of data suggests a linkage between the number and mix of nursing staff and positive patient care outcomes, including the avoidance of patient death and injury. (3) Many employees of health care facilities have expressed fear for their employment if they report unsafe conditions, including violations of State or Federal law. (4) Unprecedented consolidation among health care institutions has led to increasing concern regarding the effect of such activity on the health and safety of communities served by these facilities, yet the Federal Government has little authority to evaluate such effect in deciding whether or not to approve mergers and acquisitions among health care facilities. SEC. 3. DEFINITIONS. For purposes of this Act: (1) Licensed practical nurse or licensed vocational nurse.--The term ``licensed practical nurse or licensed vocational nurse'' means an individual who is entitled under State law or regulation to practice as a licensed practical nurse or a licensed vocational nurse. (2) Made publicly available.--The term ``made publicly available'' means, with respect to information of a provider, information that is-- (A) provided to the Secretary and to any State agency responsible for licensing or accrediting the provider; (B) provided to any State agency which approves or oversees health care services delivered by the provider directly or through an insuring entity or corporation; and (C) provided to any member of the public which requests such information directly from the provider. (3) Medicare program.--The term ``medicare program'' means the programs under title XVIII of the Social Security Act. (4) Provider.--The term ``provider'' means an entity that is-- (A) a psychiatric hospital described in section 1861(f) of the Social Security Act, (B) a provider of services described in section 1861(u) of such Act, (C) a rural health clinic described in section 1861(aa)(2) of such Act, (D) an ambulatory surgical center described in section 1832(a)(2)(F)(i) of such Act, or (E) a renal dialysis facility described in section 1881(b)(1)(A) of such Act. (5) Registered nurse.--The term ``registered nurse'' means an individual who is entitled under State law or regulation to practice as a registered nurse. (6) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 4. PUBLIC DISCLOSURE OF STAFFING AND OUTCOMES DATA. (a) Disclosure of Staffing and Outcomes.--Any provider under the medicare program shall, as a condition of continued participation in such program, make publicly available information regarding nurse staffing and patient outcomes as specified by the Secretary. Such information shall include at least the following: (1) The number of registered nurses providing direct care. This information shall be expressed both in raw numbers, in terms of total hours of nursing care per patient (including adjustment for case mix and acuity), and as a percentage of nursing staff, and shall be broken down in terms of the total nursing staff, each unit, and each shift. (2) The number of licensed practical nurses or licensed vocational nurses providing direct care. This information shall be expressed both in raw numbers, in terms of total hours of nursing care per patient (including adjustment for case mix and acuity), and as a percentage of nursing staff, and shall be broken down in terms of the total nursing staff, each unit, and each shift. (3) Numbers of unlicensed personnel utilized to provide direct patient care. This information shall be expressed both in raw numbers and as a percentage of nursing staff and shall be broken down in terms of the total nursing staff, each unit, and each shift. (4) The average number of patients per registered nurse providing direct patient care. This information shall be broken down in terms of the total nursing staff, each unit, and each shift. (5) Patient mortality rate (in raw numbers and by diagnosis or diagnostic-related group). (6) Incidence of adverse patient care incidents, including as such incidents at least medication errors, patient injury, decubitus ulcers, nosocomial infections, and nosocomial urinary tract infections. (7) Methods used for determining and adjusting staffing levels and patient care needs and the provider's compliance with these methods. (b) Disclosure of Complaints.--Data regarding complaints filed with the State agency, the Health Care Financing Administration, or an accrediting agency, compliance with the standards of which have been deemed to demonstrate compliance with conditions of participation under the medicare program, and data regarding investigations and findings as a result of those complaints and the findings of scheduled inspection visits, shall be made publicly available. (c) Information on Data.--All data made publicly available under this section shall indicate the source and currency of the data provided. (d) Waiver for Small Providers.--The Secretary may waive or reduce reporting requirements under this section in the case of a small provider (as defined by the Secretary) for whom the imposition of the requirements would be unduly burdensome. SEC. 5. PROTECTION OF CERTAIN ACTIVITIES BY EMPLOYEES OF MEDICARE PROVIDERS. (a) In General.--No provider under the medicare program shall terminate or take other adverse action against any employee or groups of employees for actions taken for the purpose of-- (1) notifying the provider of conditions which the employee or group of employees identifies, in communications with the provider, as dangerous or potentially dangerous or injurious to-- (A) patients who currently receive services from the provider; (B) individuals who are likely to receive services from the provider; or (C) employees of the provider; (2) notifying a Federal or State agency or an accreditation agency, compliance with the standards of which have been deemed to demonstrate compliance with conditions of participation under the medicare program, of such conditions as are identified in paragraph (1); (3) notifying other individuals of conditions which the employee or group of employees reasonably believe to be such as are described in paragraph (1); (4) discussing such conditions as are identified in paragraph (1) with other employees for the purposes of initiating action described in paragraph (1), (2), or (3); or (5) other related activities as specified in regulations promulgated by the Secretary. (b) Sanction.--A determination by the Secretary that a provider has taken such action as described in subsection (a) shall result in termination from participation in the medicare program for a period of time to be specified by the Secretary, such period to be not less than 1 month. (c) Exception.--The protections of this section shall not apply to any employee who knowingly or recklessly provides substantially false information to the Secretary. SEC. 6. EVALUATION OF HEALTH AND SAFETY OF CERTAIN MERGERS AND ACQUISITIONS BY OR AMONG MEDICARE PROVIDERS. (a) Impact Report.--Any provider under the medicare program that files with the Department of Justice and the Federal Trade Commission notification of a transaction which is required to be reported pursuant to section 7A of the Clayton Act (15 U.S.C. 18a) shall, on the same date as such notification is submitted, provide the Secretary with a written report that includes the overall impact of such transaction on the health services available and readily accessible to the community and that includes the impact of such transaction on each of the following: (1) On the availability and accessibility of primary, acute care, and emergency services. (2) On the availability and accessibility of services for mothers and children. (3) On the availability and accessibility of services to the elderly. (4) On the availability and accessibility of services to other specific populations, including the poor, the uninsured, ethnic minorities, women, the disabled, and the lesbian and gay communities. (5) On the availability and accessibility of specialized services, including services for the prevention, detection, and treatment of the human immunodeficiency virus and related illnesses, mental health services, and substance abuse services. (6) On the safety and quality of health care services to be provided, including anticipated changes in numbers and mix of nursing and other patient care staff and on other factors related to patient outcomes. (7) On the availability and accessibility of social services and other services within the community. (8) On overall employment within the community. (9) On the provider's workforce, including-- (A) the status of existing collective bargaining contracts, if any; and (B) plans for retraining and redeployment of employees who are displaced as a result of the contemplated transaction. (10) On the financial stability of the merged entity, taking into account at least projected acquisition costs, related expenses, and planned marketing or advertising campaigns for the new entity. (11) On other factors to be specified in regulations to be promulgated by the Secretary. Such report shall be in addition to any documentation required by any other Federal or State agency. (b) Availability.--A report under subsection (a) shall be made publicly available by the provider and by the Secretary upon request. In addition, the provider shall make publicly available any documentation submitted to the Department of Justice, the Federal Trade Commission, or other Federal or State agency regarding the contemplated transaction. (c) Hearings.--The Secretary shall conduct, or arrange for, public hearings on the elements of each report submitted under subsection (a) and any other factors related to the health, safety, and welfare of patients served by the provider and the community involved, including the provider's workforce. Such hearings shall be held at a time or times and location or locations readily accessible to the public and may be conducted jointly with relevant State agencies. (d) Review.--The Secretary shall review each such proposed transaction. Such review shall be based on the written report submitted under subsection (a), a transcript of testimony at the public hearing under subsection (c), and any other factors which the Secretary finds are relevant to the health, safety, and welfare of the patients served by the provider and the community, including the provider's workforce. (e) Findings.--(1) The Secretary shall, within 45 days of completion of a hearing under subsection (c), issue written findings on the likely impact of the contemplated transaction on the health and safety of the patients and communities served by the provider, including the provider's workforce. (2) If the Secretary determines that the overall impact of the transaction on the health and safety of patients and the community is a negative one, the Secretary shall issue, as part of the findings, a finding of negative impact on health and safety. (3) In issuing findings under this subsection, the Secretary may confer with such other agencies (such as the Department of Justice, the Federal Trade Commission, and the Department of Labor) as may have an interest in the impact on the public of the proposed transaction. (f) Sanctions.--A provider that executes a transaction which is the subject of a finding of negative impact on health and safety under subsection (e)(2) (or a provider which fails to file a report with the Secretary pursuant to subsection (a)) shall be deemed not to be in compliance with the conditions of participation under the medicare program. Such a determination shall be subject to such procedures and appeal as provided for in regulations promulgated by the Secretary. In the case of a determination that conditions effected by the transaction in question pose immediate jeopardy or irreparable harm to patient health, safety, and welfare, the Secretary shall (if such transaction is completed) immediately suspend the entity's participation in the medicare program and such suspension shall continue in force during any administrative or judicial review for the transaction sought by the entity. | Patient Safety Act of 1996 - Requires providers under the Medicare program, as a condition for continued participation in the program, to make publicly available certain minimum information, in addition to information specified by the Secretary of Health and Human Services, regarding nurse staffing and patient outcomes. Requires the following to be made public along with its source and currency status: (1) data regarding complaints filed with the State agency with oversight over health care services, the Health Care Financing Administration, or a provider accrediting agency; (2) compliance with the standards deemed to demonstrate compliance with conditions of Medicare participation; and (3) data regarding investigations and findings as a result of those complaints and the findings of scheduled inspection visits. Allows the Secretary to waive or reduce reporting requirements in the case of a small provider for whom their imposition would be unduly burdensome. Prohibits Medicare providers from terminating or taking any other adverse action against any employee or groups of employees for certain actions, including those taken for the purpose of notifying the provider of conditions potentially dangerous or injurious to patients receiving services from the provider or to employees of the provider. Requires provider termination from participation in Medicare for taking such an adverse action. Requires any provider under Medicare that files with the Department of Justice and the Federal Trade Commission notification of a transaction required to be reported under the Clayton Act to provide to the Secretary a report that includes: (1) the overall impact of such transaction on the health services available and readily accessible to the community; and (2) the impact of such transaction on each of various specified subjects, including the availability and accessibility of services to the poor, the uninsured, ethnic minorities, women, the disabled, and the lesbian and gay communities. Requires public availability of such reports, public hearings on their elements and any other factors related to the health, safety, and welfare of patients and the community involved, secretarial review of each such proposed transaction based on the report, hearing testimony, and any other relevant factors. Deems any provider that executes a transaction found to have a negative impact on health and safety (or that fails to file a required report) not to be in compliance with the conditions of Medicare participation. Mandates the provider's immediate suspension from program participation if it completes a transaction that poses immediate jeopardy or irreparable harm to patient health, safety, or welfare. |
SECTION 1. LAW ENFORCEMENT POWERS OF INSPECTOR GENERAL AGENTS. (a) In General.--Section 6 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following: ``(e)(1) In addition to the authority otherwise provided by this Act, each Inspector General appointed under section 3, any Assistant Inspector General for Investigations under such an Inspector General, and any special agent supervised by such an Assistant Inspector General may be authorized by the Attorney General to-- ``(A) carry a firearm while engaged in official duties as authorized under this Act or other statute, or as expressly authorized by the Attorney General; ``(B) make an arrest without a warrant while engaged in official duties as authorized under this Act or other statute, or as expressly authorized by the Attorney General, for any offense against the United States committed in the presence of such Inspector General, Assistant Inspector General, or agent, or for any felony cognizable under the laws of the United States if such Inspector General, Assistant Inspector General, or agent has reasonable grounds to believe that the person to be arrested has committed or is committing such felony; and ``(C) seek and execute warrants for arrest, search of a premises, or seizure of evidence issued under the authority of the United States upon probable cause to believe that a violation has been committed. ``(2) The Attorney General may authorize exercise of the powers under this subsection only upon an initial determination that-- ``(A) the affected Office of Inspector General is significantly hampered in the performance of responsibilities established by this Act as a result of the lack of such powers; ``(B) available assistance from other law enforcement agencies is insufficient to meet the need for such powers; and ``(C) adequate internal safeguards and management procedures exist to ensure proper exercise of such powers. ``(3) The Inspector General offices of the Department of Commerce, Department of Education, Department of Energy, Department of Health and Human Services, Department of Housing and Urban Development, Department of the Interior, Department of Justice, Department of Labor, Department of State, Department of Transportation, Department of the Treasury, Department of Veterans Affairs, Agency for International Development, Environmental Protection Agency, Federal Deposit Insurance Corporation, Federal Emergency Management Agency, General Services Administration, National Aeronautics and Space Administration, Nuclear Regulatory Commission, Office of Personnel Management, Railroad Retirement Board, Small Business Administration, Social Security Administration, and the Tennessee Valley Authority are exempt from the requirement of paragraph (2) of an initial determination of eligibility by the Attorney General. ``(4) The Attorney General shall promulgate, and revise as appropriate, guidelines which shall govern the exercise of the law enforcement powers established under paragraph (1). ``(5)(A) Powers authorized for an Office of Inspector General under paragraph (1) may be rescinded or suspended upon a determination by the Attorney General that any of the requirements under paragraph (2) is no longer satisfied or that the exercise of authorized powers by that Office of Inspector General has not complied with the guidelines promulgated by the Attorney General under paragraph (4). ``(B) Powers authorized to be exercised by any individual under paragraph (1) may be rescinded or suspended with respect to that individual upon a determination by the Attorney General that such individual has not complied with guidelines promulgated by the Attorney General under paragraph (4). ``(6) A determination by the Attorney General under paragraph (2) or (5) shall not be reviewable in or by any court. ``(7) To ensure the proper exercise of the law enforcement powers authorized by this subsection, the Offices of Inspector General described under paragraph (3) shall, not later than 180 days after the date of enactment of this subsection, collectively enter into a memorandum of understanding to establish an external review process for ensuring that adequate internal safeguards and management procedures continue to exist within each Office and within any Office that later receives an authorization under paragraph (2). The review process shall be established in consultation with the Attorney General, who shall be provided with a copy of the memorandum of understanding that establishes the review process. Under the review process, the exercise of the law enforcement powers by each Office of Inspector General shall be reviewed periodically by another Office of Inspector General or by a committee of Inspectors General. The results of each review shall be communicated in writing to the applicable Inspector General and to the Attorney General. ``(8) No provision of this subsection shall limit the exercise of law enforcement powers established under any other statutory authority, including United States Marshals Service special deputation.''. (b) Promulgation of Initial Guidelines.-- (1) Definition.--In this subsection, the term ``memoranda of understanding'' means the agreements between the Department of Justice and the Inspector General offices described under section 6(e)(3) of the Inspector General Act of 1978 (5 U.S.C. App) (as added by subsection (a) of this section) that-- (A) are in effect on the date of enactment of this Act; and (B) authorize such offices to exercise authority that is the same or similar to the authority under section 6(e)(1) of such Act. (2) In general.--Not later than 180 days after the date of enactment of this Act, the Attorney General shall promulgate guidelines under section 6(e)(4) of the Inspector General Act of 1978 (5 U.S.C. App) (as added by subsection (a) of this section) applicable to the Inspector General offices described under section 6(e)(3) of that Act. (3) Minimum requirements.--The guidelines promulgated under this subsection shall include, at a minimum, the operational and training requirements in the memoranda of understanding. (4) No lapse of authority.--The memoranda of understanding in effect on the date of enactment of this Act shall remain in effect until the guidelines promulgated under this subsection take effect. (c) Effective Dates.-- (1) In general.--Subsection (a) shall take effect 180 days after the date of enactment of this Act. (2) Initial guidelines.--Subsection (b) shall take effect on the date of enactment of this Act. Passed the Senate October 17, 2002. Attest: JERI THOMSON, Secretary. | Amends the Inspector General Act of 1978 to permit each Inspector General, any Assistant Inspector General for Investigations, and any special agent supervised by such an Assistant Inspector General to be authorized by the Attorney General to: (1) carry a firearm while engaged in official duties or as expressly authorized by the Attorney General; (2) make an arrest without a warrant while engaged in such duties (or as such expressly authorized) for any offense against the United States committed in the presence of such Inspector, Assistant Inspector, or agent, or for any felony; and (3) seek and execute warrants for an arrest, search, or seizure.Empowers the Attorney General to authorize the exercise of such powers only upon an initial determination that: (1) the affected Office of Inspector General is significantly hampered in the performance of such responsibilities as a result of the lack of such powers; (2) available assistance from other law enforcement agencies is insufficient to meet the need for exercising such powers; and (3) adequate internal safeguards and management procedures exist to ensure proper exercise of those powers.Exempts specified Offices of Inspector General from such an initial determination of eligibility. Directs such Offices to collectively enter into a memorandum of understanding to establish an external review process for ensuring that such safeguards and procedures continue to exist within each Office and any Office that receives such an authorization. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Regulatory Fair Warning Act of 1998''. SEC. 2. FINDINGS. The Congress finds the following: (1) Federal regulations advance many important goals, including protecting the environment and the health and safety of all Americans. (2) For regulations to effectively protect the public and promote the public interest, the fact of their existence and what they mean must be available to the persons and entities willing to investigate what the law and regulations require. (3) Fairness also requires that a person should be able to learn of regulations and of their meanings before they can be sanctioned for violating them. (4) Fairness also should prevent a person from being sanctioned for violating a regulation if an official has mislead the person as to what the regulation prohibits or requires and the person has reasonably relied upon such misleading information. (5) The Due Process Clause of the Fifth Amendment gives Americans a right to have access to regulations and the opportunity to learn their meanings before such regulations can be the basis for depriving them of life, liberty, or property. (6) Effective procedures for protecting this right can improve the effectiveness of regulation, foster the sense that regulations are fairly enforced, and ensure that the right to due process actually benefits Americans. (7) Ensuring that agencies give Americans access to regulations and the opportunity to learn their meanings and accurate information about them before any sanction can be imposed will encourage agencies to make regulatory requirements clearly known, will encourage people and entities to learn what regulations require of them, and will foster legality, fairness, and justice in the enforcement of Federal regulations. SEC. 3. BAN ON IMPOSITION OF SANCTIONS BY AGENCIES IN CERTAIN CIRCUMSTANCES. Section 558 of title 5, United States Code, is amended by adding at the end the following new subsection: ``(d)(1) No sanction shall be imposed on a person by an agency for a violation of a rule if the agency finds-- ``(A) that the rule was not-- ``(i) printed in the Code of Federal Regulations; ``(ii) printed in the Federal Register; ``(iii) known to the person; or ``(iv) knowable to a person who has engaged in a reasonable, good faith investigation of the rules applicable to the conduct that allegedly violated the rule; ``(B) that the rule failed to give the person fair warning of the conduct that the rule prohibits or requires; or ``(C) that, with respect only to a retrospective sanction, official representations to the person about what the rule prohibits or requires were misleading and were reasonably relied upon by the person. ``(2) For purposes of this subsection, an agency shall find that a rule gives fair warning of the conduct that the rule prohibits or requires if a reasonable person, acting in good faith, would be able to identify, with ascertainable certainty, the standards with which the rule requires the person's conduct to conform.''. SEC. 4. BAN ON IMPOSITION OF SANCTIONS BY COURTS IN CERTAIN CIRCUMSTANCES. (a) In General.--Chapter 111 of title 28, United States Code, is amended by adding at the end the following new section: ``Sec. 1660. Ban on sanctions for violations of agency rules in certain circumstances ``(a) No civil or criminal sanction may be imposed by a court for a violation of a rule if the court finds-- ``(1) that the rule was not-- ``(A) printed in the Code of Federal Regulations; ``(B) printed in the Federal Register; ``(C) known to the person; or ``(D) knowable to a person who has engaged in a reasonable, good faith investigation of the rules applicable to the conduct that allegedly violated the rule; ``(2) that the rule failed to give the person fair warning of the conduct that the rule prohibits or requires; or ``(3) that, with respect only to a retrospective sanction, official representations to the person about what the rule prohibits or requires were misleading and were reasonably relied upon by the person. ``(b) For purposes of this section, a court shall find that a rule gives fair warning of the conduct that the rule prohibits or requires if a reasonable person, acting in good faith, would be able to identify, with ascertainable certainty, the standards with which the rule requires the person's conduct to conform. ``(c) For purposes of this section, the term `rule' shall have the meaning given that term by section 551 of title 5.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 111 of title 28, United States Code, is amended by adding after the item relating to section 1659 the following new item: ``1660. Ban on sanctions for violations of agency rules in certain circumstances.''. | Regulatory Fair Warning Act of 1998 - Prohibits a Federal agency or court from imposing a sanction for a violation of a rule if the agency or court finds that: (1) the rule was not printed in the Code of Federal Regulations or in the Federal Register, was not known to the person, or was not knowable to a person who has engaged in a reasonable, good faith investigation of the rules applicable to the conduct that allegedly violated the rule; (2) the rule failed to give the person fair warning of the conduct that it prohibits or requires; or (3) with respect only to a retrospective sanction, official representations to the person about what the rule prohibits or requires were misleading and were reasonably relied upon by the person. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Revitalize Rural America Act of 2018''. SEC. 2. REVITALIZE RURAL AMERICA GRANT PROGRAM. (a) Establishment.-- (1) In general.--Not later than 120 days after the date of enactment of this Act, the Secretary of Transportation shall establish a Revitalize Rural America Grant Program (in this section referred to as the ``Program'') to facilitate infrastructure projects in rural areas. (2) Goals.--The goals of the Program shall be to-- (A) generate regional and national economic benefits; (B) improve the safety, efficiency, and reliability of the movement of people, commodities, and goods; (C) reduce highway congestion and bottlenecks; (D) improve connectivity between modes of transportation; (E) enhance the resiliency of critical infrastructure; (F) improve infrastructure vital to national energy and food security; (G) increase access to reliable high-speed internet; and (H) improve the health and vitality of rural communities. (b) Grant Authority.-- (1) In general.--In carrying out the Program, the Secretary may make grants, on a competitive basis, to public and private entities in accordance with this section. (2) Limitations.-- (A) Location.--The Secretary may only make a grant under the Program for a project carried out in a rural area (as such term is defined in section 117(i)(3) of title 23, United States Code). (B) Amount.--The aggregate amount of grant funding that the Secretary may provide under the Program for an individual project may not exceed $40,000,000. (c) Applications.--To be eligible for a grant under the Program an entity shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary determines is appropriate. (d) Eligible Projects.--The Secretary may make a grant under the Program for a project that is-- (1) a highway or bridge project carried out on the National Highway System; (2) a highway freight project carried out on the National Highway Freight Network established under section 167 of title 23, United States Code; (3) a drinking water or wastewater project; (4) a telecommunications project; (5) a project for flood control or waterborne navigation; or (6) a project related to the electric grid. (e) Eligible Project Costs.--Grant amounts received for a project under the Program may be used for-- (1) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities; and (2) construction, reconstruction, rehabilitation, acquisition of real property (including land related to the project and improvements to the land), environmental mitigation, construction contingencies, acquisition of equipment, and operational improvements directly related to improving system performance. (f) Project Requirements.--The Secretary may select a project for funding under the Program only if the Secretary determines that-- (1) the project will generate national and regional economic, mobility, or safety benefits; (2) the project will be cost effective and have a measurable return on investment; (3) the project will contribute to the accomplishment of one or more of the goals described under subsection (a)(2); (4) the project is based on the results of preliminary engineering; (5) with respect to related non-Federal financial commitments-- (A) one or more stable and dependable sources of funding and financing are available to construct, maintain, and operate the project; and (B) contingency amounts are available to cover unanticipated cost increases; (6) the project cannot be easily and efficiently completed without Federal funding or financial assistance available to the project sponsor; and (7) the project is reasonably expected to begin construction not later than 18 months after the date of obligation of funds for the project. (g) Priority Consideration.--In making a grant under the Program, the Secretary shall give priority to-- (1) a project for which non-Federal contributions exceed 25 percent of the costs of the project; and (2) a project in an area with an unemployment rate that exceeds the national average. (h) Federal Share.-- (1) In general.--Except as provided in paragraph (2), the Federal share of the cost of a project assisted with a grant under the Program may not exceed 75 percent. (2) Maximum federal involvement.--Federal assistance other than a grant under the Program may be used to satisfy the non- Federal share of the cost of a project for which such a grant is made, except that the total Federal assistance provided for a project receiving a grant under the Program may not exceed 80 percent of the total project cost. (i) Consultation.--In carrying out the Program, the Secretary shall consult with the heads of other Federal departments and agencies as appropriate. (j) Congressional Notification.-- (1) Notification.-- (A) Requirement.--At least 60 days before making a grant for a project under the Program, the Secretary shall notify, in writing, the Committee on Transportation and Infrastructure, the Committee on Agriculture, and the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works, the Committee on Agriculture, Nutrition, and Forestry, and the Committee on Commerce, Science, and Transportation of the Senate of the proposed grant. (B) Contents.--A notification under subparagraph (A) shall include an evaluation and justification for the relevant project and the amount of the proposed grant award. (2) Congressional disapproval.--The Secretary may not make a grant or any other obligation or commitment to fund a project under the Program if a joint resolution is enacted disapproving funding for the project before the last day of the 60-day period described in paragraph (1). (k) Reports.-- (1) Annual report.--The Secretary shall make available on the website of the Department of Transportation at the end of each fiscal year an annual report that lists each project for which a grant has been provided under the Program during that fiscal year. (2) Comptroller general.-- (A) Assessment.--The Comptroller General of the United States shall conduct an assessment of the administrative establishment, solicitation, selection, and justification process with respect to grants under the Program. (B) Report.--Not later than 1 year after the initial awarding of grants under the Program, the Comptroller General shall submit to the Committee on Transportation and Infrastructure, the Committee on Agriculture, and the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works, the Committee on Agriculture, Nutrition, and Forestry, and the Committee on Commerce, Science, and Transportation of the Senate a report that describes-- (i) the adequacy and fairness of the process by which each project selected for a grant under the Program was selected; and (ii) the justification and criteria used for the selection of each such project. SEC. 3. SURFACE TRANSPORTATION BLOCK GRANT PROGRAM. (a) STP Set-Aside.--Section 133(h) of title 23, United States Code, is amended-- (1) by striking paragraphs (2) through (7); and (2) by adding at the end the following: ``(2) Use of funds.--Funds reserved under paragraph (1) shall be used by the Secretary to carry out and make grants under the Revitalize Rural America Grant Program.''. (b) Treatment of Projects.--Section 133(i) of title 23, United States Code, is amended by striking ``(excluding those carried out under subsection (h)(5))''. SEC. 4. ADDITIONAL FUNDING FOR REVITALIZE RURAL AMERICA GRANT PROGRAM. (a) Authorization of Appropriations.--There is authorized to be appropriated to carry out the Revitalize Rural America Grant Program (established under section 2 of this Act) $1,301,785,760 for each of fiscal years 2019 and 2020. (b) Capital Investment Grants.--Section 5338(d) of title 49, United States Code, is amended by striking ``through 2020'' and inserting ``through 2018 and $1,000,000,000 for each of fiscal years 2019 and 2020''. | Revitalize Rural America Act of 2018 This bill requires the Department of Transportation to establish a Revitalize Rural America Grant Program to facilitate infrastructure projects in rural areas. Priority must be given to projects for which nonfederal contributions exceed 25% of the costs of the project and projects in an area with an unemployment rate that exceeds the national average. The bill requires that the set-aside of funds for states under the surface transportation block grant program be used for the Revitalize Rural America Grant Program. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``ANCSA Cook Inlet Region Land Conveyance Finalization Act of 2017''. SEC. 2. CIRI LAND ENTITLEMENT. (a) Definitions.--In this section: (1) Alaska native corporation; anc.--The terms ``Alaska Native Corporation'' and ``ANC'' have the meaning given the term ``Native Corporation'' in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602). (2) CIRI.--The term ``CIRI'' means Cook Inlet Region, Inc. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) State.--The term ``State'' means the State of Alaska. (b) Conveyance.-- (1) In general.--In order to allow CIRI to satisfy the acreage of land to which CIRI is entitled under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), subject to paragraph (2), the Secretary shall convey to CIRI the acreage of land selected by CIRI under subsections (c) and (d). (2) Condition.--The conveyance under paragraph (1) shall be subject to the condition that, with respect to any land subject to selection under subsection (c) that is located within the boundaries of another regional ANC, CIRI may not select, and the Secretary shall not convey to CIRI, that land unless CIRI has obtained the written consent of the other regional ANC in an instrument signed by an authorized officer of that regional ANC. (c) Selection.--CIRI shall select from among the following land, 43,000 acres, which is an acreage quantity equivalent to the unsatisfied portion of the acreage of land to which CIRI is entitled under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.): (1) Land in the State located outside of the boundaries of Cook Inlet Region-- (A) that was previously selected for conveyance by one or more other Alaska Native Corporations; and (B) the selection of which under subparagraph (A) was later withdrawn by those one or more ANCs. (2) Land in the State located outside of the boundaries of Cook Inlet Region that is adjacent to land owned by other ANCs. (3) Land located within the boundaries of the National Petroleum Reserve-Alaska. (4) Land located within a unit of the National Wildlife Refuge System in the State, except that no land may be selected inside the Arctic National Wildlife Refuge. (5) Federal land in the State that is located outside of the boundaries of any National Monument, unit of the National Park System, or land designated as wilderness under the Wilderness Act (16 U.S.C. 1131 et seq.). (6) Land selected under subsection (d). (d) Selection of Excess Federal Land or Property.-- (1) In general.--In accordance with paragraph (2), CIRI shall have a right of notice and first refusal to select land or property located within the region of CIRI in the State that is identified by the Federal Government as excess to the needs of the Federal Government, except to the extent that right would conflict with section 1425(b) of the Alaska National Interest Lands Conservation Act (Public Law 96-487; 94 Stat. 2515). (2) Requirements.-- (A) Notice.--Prior to any conveyance of excess Federal land or property within the region of CIRI, the Federal Government shall provide to CIRI notice of the intent of the Federal Government to convey that excess Federal land or property. (B) Deadline.--Not later than 180 days after the date on which the Federal Government provides notice under subparagraph (A), CIRI shall determine whether to acquire the excess Federal land or property. (C) Conveyance and relinquishment.--If CIRI chooses to acquire the excess Federal land or property under subparagraph (B), on conveyance, CIRI shall relinquish the number of acres from the unsatisfied portion of the acreage of land to which CIRI is entitled under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) that is equal to-- (i) the fair market value per acre of the excess Federal land or the surplus value of the property to be conveyed; divided by (ii) the difference between-- (I) the value per acre of land determined from the most recent census of the National Agricultural Statistics Service of the Department of Agriculture of agricultural land values for the State, specifically by the statewide value of land in the State; and (II) the value of land in the Juneau and Anchorage census areas used for Federal surplus property credits, adjusted for inflation. | ANCSA Cook Inlet Region Land Conveyance Finalization Act of 2017 This bill requires the Department of the Interior to convey to Cook Inlet Region, Inc. (CIRI), an Alaska Native regional corporation, land CIRI selects from specified areas to satisfy its claim to an additional 43,000 acres under the Alaska Native Claims Settlement Act. CIRI is granted a right of notice and first refusal for federal land or property identified as excess in CIRI's region. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Anti-Redlining and Anti-Mortgage Fraud Act of 2010''. SEC. 2. RESIDENTIAL MORTGAGE APPLICATION RECORDATION REQUIREMENT. (a) Recordation Requirement.--It shall be unlawful for any person or entity to extend credit (including in connection with a lease- purchase transaction), or to provide funds or collect any payments in connection with such an extension of credit, that is secured by a single-family residence unless the originator has recorded the applicant's application for such extension of credit with the clearinghouse established under subsection (b). The Secretary of the Treasury shall, by regulation, require originators to record each application to enter into a transaction covered by this subsection with the clearinghouse established under subsection (b), at the time that application is first received by the originator. (b) Mortgage Application Recordation System.-- (1) Establishment.--The Secretary of the Treasury, acting through the Director of FinCEN, shall establish a system in accordance with this subsection to record applications for extensions of credit that are subject to the requirement under subsection (a), which shall include the establishment of a clearinghouse (in this section referred to as the ``clearinghouse'') for recording all such applications. (2) Clearinghouse operator.--The clearinghouse shall be established and managed by a private sector entity selected, in accordance with standards established by the Secretary, from applicants that-- (A) demonstrate the capacity to operate the clearinghouse in accordance with this section and provide technology sufficient to carry out all functions and activities of the clearinghouse; (B) meet such standards, as the Secretary shall establish, to ensure that the clearinghouse operator is independent of ownership of, by, or with, and affiliation of any kind with, any entity that is engaged in the business of originating, funding, guaranteeing, purchasing, selling, securitizing, or assuming any risk related to residential mortgages other than from the operation of the clearinghouse; and (C) are small business concerns, as such term is defined pursuant to section 3 of the Small Business Act (15 U.S.C. 632). (3) Costs.-- (A) Responsibility.--All costs of the establishment and operation of the clearinghouse shall be borne by the clearinghouse operator. (B) Fees.-- (i) Authority.--The clearinghouse operator may assess and collect fees to cover the costs of the establishment and operation of the clearinghouse established under this subsection. (ii) Limitation.--Such fees may be assessed and collected only in such manner as may reasonably be expected to result in an aggregate amount of fees collected that does not exceed the aggregate amount of the costs for establishment and operation of the clearinghouse, plus a market rate of return on the investment in establishing and operating costs of the clearinghouse, as determined by the Secretary. (iii) Persons subject to fees.--Fees under this subparagraph shall be assessed against and collected from originators, for each application for an extension of credit that is required to be recorded with the clearinghouse. (C) Guarantee.--The Secretary may guarantee repayment of principal and interest on a loan to the clearinghouse operator in an amount sufficient to cover the costs of establishing, and operating, the clearinghouse established under this section and there is authorized to be appropriated such sums as may be necessary for costs (as such term is defined in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a)) of such guarantee. (c) Collection of Information.--For each application for an extension of credit recorded with the clearinghouse, the clearinghouse shall, through an internet-based electronic system-- (1) provide a unique identifier that shall be permanently assigned to the application; and (2) collect and maintain-- (A) the name, social security number, and address of each applicant and co-applicant; (B) the address of the property or properties that provide security for the extension of credit for which the application is filed; (C) the identity of the legal entity receiving the application and the identity of the agent or employee of that entity actually taking the application; (D) the identity of any entity or individual that enters any information into the clearinghouse system with respect to an application; (E) identification of whether property securing the extension of credit is a principal residence, an additional residence, or an investment property; (F) identification of whether the extension of credit was secured by a first or subsequent lien on property and whether it was made for purchase, refinance, a home equity loan or line of credit, construction finance, home equity conversion, or lease- purchase, or such other category as the Secretary may provide; (G) the name of each lender to which the application is submitted; (H) the name of each lender that accepts the application; (I) the date and type of transaction that results from the approval of the application or the date of termination of the application; and (J) such other information as the Secretary may, by regulation, require that is consistent with the fraud prevention and detection purposes of the clearinghouse. (d) Use and Protection of Information.-- (1) In general.--All information collected by the clearinghouse shall be the property of the Secretary and access to and use of the information shall be limited as prescribed in this section and regulations issued under this section by the Secretary. (2) Disclosures to applicants.--The Secretary shall require each originator accepting applications for extensions of credit subject to the requirement under subsection (a) to provide to each applicant, at the time of application, a written disclosure, in such form and containing such information as the Secretary shall require, sufficient to inform the applicant of the existence and purpose of the clearinghouse, the information regarding the application to be collected by the clearinghouse, who has access to such information collected by the clearinghouse, and the manner in which the information may be used. (3) Access.--Access to information collected by the clearinghouse shall be limited as follows: (A) An individual or entity that accepts applications for extensions of credit shall have access solely to information that was submitted to the clearinghouse by that individual or entity. (B) An entity that considers an extension of credit based upon an application shall have access solely to information associated with applications submitted to such entity and to other currently or recently active applications involving the same applicants or co- applicants or the same property or properties. (C) A prospective purchaser or guarantor of any instrument related to an extension of credit for which application information was collected by the clearinghouse shall have access to the same information as the entity that extended the credit. (D) The Secretary and any other Federal and State regulatory or law enforcement agencies shall have access to all data collected by the clearinghouse to the extent and in the manner prescribed by the Secretary for the purpose of investigating fraudulent, discriminatory, or predatory activities and other activities that are potential violations of Federal or State law. (4) Protection of information.--The Secretary shall, by regulation pursuant to subsection (e), provide for the operation of the clearinghouse and establish guidelines and procedures necessary to ensure that the clearinghouse operates in a secure manner that protects the information collected from unauthorized access or misuse by any individual or entity. (e) Definitions.--For purposes of this section, the following definitions shall apply: (1) Application.--The term ``application'' means, any writing whether or not in paper or electronic form and whether or not signed by the applicant, that-- (A) is prepared or received by an originator; (B) is submitted or is intended to be submitted for consideration by any creditor for an extension of credit to be secured by a single-family residence; and (C) identifies the applicant and the security property. (2) Credit; extension of credit.--The terms ``credit'' and ``extension of credit'' mean the provision of time for payment pursuant to contractual terms, including lease-purchase contracts, home equity lines of credit, and home equity conversion transactions. (3) FinCEN.--The term ``FinCEN'' means the Financial Crimes Enforcement Network of the Department of the Treasury. (4) Secretary.--The term ``Secretary'' means the Secretary of the Treasury, acting through the Director of FinCEN. (5) Single family residence.--The term ``single-family residence'' means residential real property that contains one to four dwelling units, or individual units of condominiums or cooperatives. (6) Originator.--The term ``originator'' means any entity that is in the business of receiving applications for extensions of credit. (f) Regulations.--The Secretary shall issue any regulations necessary to carry out this section. (g) Effective Date.--The provisions of this section shall take effect with respect to extensions of credit entered into on and after January 1, 2011. (h) Conforming Amendment.--Paragraph (2) of section 310 of title 31, United States Code, is amended-- (1) by redesignating subparagraph (J) as subparagraph (K); and (2) by inserting after subparagraph (I) the following new subparagraph: ``(J) Carry out the responsibilities of the Secretary under section 2 of the Anti-Redlining and Anti-Mortgage Fraud Act of 2010 (relating to residential mortgage application recordation requirement and establishment of a clearinghouse for such recording).''. | Anti-Redlining and Anti-Mortgage Fraud Act of 2010 - Makes it unlawful for any person or entity to extend credit, provide funds, or collect any payments in connection with an extension of credit secured by a single-family residence unless the originator has recorded the credit application with the clearinghouse established under this Act. Directs the Secretary of the Treasury, acting through the Director of the Financial Crimes Enforcement Network (FinCEN) of the Department of the Treasury, to: (1) establish a mortgage application recordation system which includes a clearinghouse, managed by a private sector entity, to record single-family residence mortgage applications; and (2) require mortgage originators to record such credit applications with the clearinghouse. Prescribes criteria for the clearinghouse operator, which shall bear all clearinghouse costs. Authorizes the Secretary to guarantee repayment of principal and interest on a loan to the clearinghouse operator sufficient to cover clearinghouse costs. Requires the clearinghouse to collect information using an Internet-based electronic system. Makes all information collected by the clearinghouse is property of the Secretary. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Relief and Investment for Student Entrepreneurs Act'' or the ``RISE Act''. SEC. 2. DEFERMENT OF FEDERAL STUDENT LOAN PAYMENTS FOR QUALIFIED ENTREPRENEURS. Section 455(f) of the Higher Education Act of 1965 (20 U.S.C. 1087e(f)) is amended-- (1) in paragraph (2)-- (A) in subparagraph (C), by striking ``or'' at the end; (B) in subparagraph (D), by striking the period at the end and inserting ``; or''; and (C) by adding at the end the following new subparagraph: ``(E) subject to paragraph (5), not in excess of 3 years during which the borrower is a qualified entrepreneur.''; and (2) by adding at the end the following new paragraph: ``(5) Deferment for qualified entrepreneurs.-- ``(A) Definition of qualified entrepreneur.--For the purpose of this subsection, the term `qualified entrepreneur' means a borrower who-- ``(i) received a degree from an institution of higher education during the 10-year period ending on the date on which deferment is granted under paragraph (2)(E); ``(ii) registered at least 1 business entity in a State during the 18-month period ending on such date; ``(iii) raised capital investment of not less than $30,000 for such business entity; and ``(iv) has an outstanding balance of principal and interest on loans made under this part of not less than $5,000. ``(B) Minimum employee requirement.--A borrower granted deferment under paragraph (2)(E) shall not be eligible to continue such deferment unless, on the date that is 1 year after date on which such deferment is granted, the borrower-- ``(i) employs at the business entity described in subparagraph (A)(ii) not fewer than 2 full-time employees who are not the borrower or relatives of the borrower; and ``(ii) pays such employees at a rate not less than the minimum wage prescribed by the State in which the business entity is located.''. SEC. 3. LOAN CANCELLATION FOR ENTREPRENEURS. Part D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.) is further amended by adding at the end the following: ``SEC. 460A. LOAN CANCELLATION FOR ENTREPRENEURS. ``(a) Program Authorized.--The Secretary is authorized to carry out a program of canceling the obligation to repay a qualified loan amount in accordance with subsection (b) for Federal Direct Stafford Loans and Federal Direct Unsubsidized Stafford Loans made under this part for any borrower who-- ``(1) for not less than a 3-year period ending on the date of application under this section, has carried out a qualified HUBZone small business concern listed under section 3(p)(5)(B) of the Small Business Act, which has been registered as business in a State; and ``(2) is not in default on a loan for which the borrower seeks forgiveness. ``(b) Qualified Loan Amount.-- ``(1) In general.--The Secretary shall cancel not more than $17,500 in the aggregate of the loan obligation on a Federal Direct Stafford Loan or a Federal Direct Unsubsidized Stafford Loan that is outstanding. ``(2) Treatment of consolidation loans.--A loan amount for a Federal Direct Consolidation Loan may be a qualified loan amount for the purposes of this subsection only to the extent that such loan amount was used to repay a Federal Direct Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, or a loan made under section 428 or 428H, for a borrower who meets the requirements of subsection (a), as determined in accordance with regulations prescribed by the Secretary. ``(c) Priority.--The Secretary shall grant loan forgiveness under this section on a first-come, first-served basis, and subject to the availability of appropriations. ``(d) Rule of Construction.--Nothing in this section shall be construed to authorize the refunding of any repayment of a loan.''. SEC. 4. PUBLICATION AND REPORT. (a) Publication.--The Secretary of Education and the Administrator of the Small Business Administration shall each make available, on publicly accessible websites of the Department of Education and the Small Business Administration, respectively, information on the student loan deferment program for qualified entrepreneurs under section 455(f) of the Higher Education Act of 1965 (20 U.S.C. 1087e(f)), as amended by this Act. (b) Report to Congress.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Education shall submit to Congress a report that includes-- (1) an assessment of the progress of the Secretary in carrying out the student loan deferment program for qualified entrepreneurs under section 455(f) of the Higher Education Act of 1965 (20 U.S.C. 1087e(f)), as amended by this Act; and (2) a description of any ongoing efforts to increase participation in such program. | Relief and Investment for Student Entrepreneurs Act or the RISE Act This bill amends the Higher Education Act of 1965 by allowing a qualified entrepreneur with a loan under the William D. Ford Federal Direct Loan program to defer loan payments for up to 3 years. A "qualified entrepreneur" is a borrower who: (1) has received a degree during the 10-year period before the date of the deferment, (2) has at least one registered business entity, (3) has raised capital of not less than $30,000 for such business entity, and (4) has an outstanding loan balance of not less than $5,000. The Department of Education may cancel up to $17,500 of federal direct and unsubsidized Stafford loans for a borrower who: (1) has operated a small business located in a historically underutilized business zone for at least three years, and (2) is not currently in default on the loan. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Scleroderma and Fibrosis Research Enhancement Act of 2015''. SEC. 2. FINDINGS. Congress finds as follows: (1) Scleroderma, or systemic sclerosis, is a chronic and potentially fatal rheumatic autoimmune disease of the connective tissue. (2) About 100,000 Americans have systemic sclerosis, which causes fibrosis (very similar to scarring where excess connective tissue is created). The symptoms of scleroderma vary greatly for each person, and the effects of scleroderma can range from very mild to life-threatening. The seriousness of scleroderma depends on the parts of the body that are affected and the extent to which they are affected. (3) Nearly 45 percent of all deaths in the developed world are attributed to some type of chronic fibroproliferative disease. As scleroderma impacts multiple organ systems, systemic sclerosis can be considered as a prototypical disease for study, and any insights into its causes are likely to be applicable more broadly to other forms of organ fibrosis and fibrotic illnesses (such as pulmonary fibrosis and liver fibrosis). (4) Various institutes and centers of the National Institutes of Health currently support research into forms of fibrotic illness, but there is little coordination and limited cross-cutting opportunity between these research portfolios. Much scientific progress will be gained by taking a broad, collaborative, and systematic approach to studying fibrosis. SEC. 3. NATIONAL COMMISSION ON SCLERODERMA AND FIBROSIS RESEARCH. (a) Establishment.--Not later than 1 year after the date of enactment of this Act, the Director of the National Institute of Arthritis and Musculoskeletal and Skin Diseases, acting jointly with the Director of the National Institutes of Health, shall establish a National Commission on Scleroderma and Fibrosis Research (in this section referred to as the ``Commission'') to develop the long-term plan under subsection (b). (b) Long-Term Plan.-- (1) In general.--Not later than 18 months after the date of establishment of the Commission, the Commission shall develop and submit to the Congress a long-term plan on opportunities and challenges in scleroderma and fibrosis research. (2) Recommendations on research opportunities.--The plan under paragraph (1) shall include recommendations on relevant research opportunities over the next decade, including-- (A) a comprehensive research plan which prioritizes fibrosis research opportunities that have cross-cutting value and require coordination across multiple institutes and centers of the National Institutes of Health; (B) topic-specific research recommendations for each organ or system; and (C) an overview of common themes and specific steps for implementation of scleroderma and fibrosis research. (c) Working Groups.--The Commission shall establish working groups-- (1) to consider the various organs and systems impacted by fibrotic illness; and (2) to formulate the topic-specific research recommendations under subsection (b)(2)(B). (d) Membership.--The Commission shall be composed of-- (1) the Director of the National Institute of Arthritis and Musculoskeletal and Skin Diseases (or the Director's representative); (2) a representative of the Office of the Director of the National Institutes of Health who can provide input on program coordination across the institutes and centers of the National Institutes of Health; (3) staff from institutes and centers of the National Institutes of Health, as determined appropriate; and (4) non-Federal medical experts and patient advocates representing the various manifestations of scleroderma and fibrosis, as determined necessary to form effective working groups under subsection (c). (e) Termination.--The Commission shall terminate not later than 2 years after the date of its establishment. SEC. 4. SCLERODERMA AND FIBROSIS WORKING GROUP. (a) Establishment.--Not later than 180 days after the development and dissemination of the long-term plan under section 3(b), the Director of the National Institute of Arthritis and Musculoskeletal and Skins Diseases shall create a working group, to be known as the Scleroderma and Fibrosis Working Group (in this section referred to as the ``Working Group''). (b) Responsibilities.--The Working Group shall-- (1) oversee and assist with the implementation of the recommendations and research opportunities identified in the long-term plan under section 3(b); (2) coordinate with the Office of the Director of the National Institutes of Health and the various institutes and centers of the National Institutes of Health as appropriate to oversee and assist with such implementation; and (3) report, as needed, to the advisory council of the National Institute of Arthritis and Musculoskeletal and Skin Diseases. (c) Membership.--The Working Group shall be composed of-- (1) representatives of the institutes and centers at the National Institutes of Health with active or planned research projects in scleroderma or fibrosis, particularly staff who are serving or have served on the National Commission on Scleroderma and Fibrosis Research under section 3; and (2) patient advocates and extramural researchers who can provide meaningful input on the recommendations and research opportunities identified in the long-range plan under section 3(b), particularly individuals who are serving or have served on the National Commission on Scleroderma and Fibrosis Research under section 3. (d) Meetings.--The Director of the National Institute of Arthritis and Musculoskeletal and Skin Diseases shall convene the Working Group for a meeting at least 3 times each year. SEC. 5. REPORT TO CONGRESS. Not later than 2 years after the date of establishment of the National Commission on Scleroderma and Fibrosis Research under section 3, the Director of the National Institute of Arthritis and Musculoskeletal and Skin Diseases shall submit to the Congress a report on implementation of the long-range plan under section 3(b). | Scleroderma and Fibrosis Research Enhancement Act of 2015 This bill requires the National Institute of Arthritis and Musculoskeletal and Skin Diseases (NIAMS) to establish the National Commission on Scleroderma and Fibrosis Research. (Scleroderma and fibrosis are connective tissue conditions that cause hardening or scarring of skin and organs.) The commission must develop a long-term, comprehensive plan for scleroderma and fibrosis research. The plan must: (1) prioritize research that has cross-cutting value and requires coordination across NIH, and (2) include specific steps for implementation of the research. The commission must establish working groups to make research recommendations for the various organs and systems impacted by fibrotic illness. The commission must be terminated not later than two years after establishment. The NIAMS must create the Scleroderma and Fibrosis Working Group to oversee and assist with implementation of the long-term plan. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Prompt Notification of Short Sales Act''. SEC. 2. PROMPT DECISION REGARDING SHORT SALE. (a) Requirement for Prompt Decision.-- (1) In general.-- (A) Written response to mortgagor requests required.-- (i) In general.--Each servicer shall respond in writing to a mortgagor of a residential mortgage loan who has submitted a written request that meets the requirements of paragraph (2), not later than the end of the 75-calendar day period beginning on the date of receipt of such request, subject to subparagraphs (B) and (C). (ii) Applicability.--Clause (i) shall apply, except as provided in subsection (b), and notwithstanding any other provision of law or of any contract, including a contract between a servicer of a residential mortgage loan and a securitization vehicle or other investment vehicle. (B) Content.--A written response by a servicer under subparagraph (A) shall specify-- (i) a decision on whether such request has been denied, approved, or that such request has been approved subject to specified changes; or (ii) that additional time is required, in which case the servicer shall provide a new decision date. (C) Single extension of new decision date authorized.--A servicer may, upon written notice to the mortgagor, extend a new decision date provided under subparagraph (B)(ii) one single time, for a period of not longer than 21 additional calendar days. (2) Mortgagor submission.--Paragraph (1) shall apply in any case in which the mortgagor under a residential mortgage loan submits to the servicer thereof-- (A) a written offer for a short sale of the dwelling or residential real property that is subject to the mortgage, deed of trust, or other security interest that secures the mortgage loan; and (B) all information required by the servicer in connection with such a request (including a copy of an executed contract between the owner of the dwelling or property and the prospective buyer that is subject to approval by the servicer). (3) Civil actions authorized.--An aggrieved individual may bring an action in a court of competent jurisdiction, asserting a violation of this Act. Aggrieved individuals may be awarded all appropriate relief, including equitable relief, and a monetary award of $1,000 per violation, plus reasonable attorneys' fees, or such higher amount as may be appropriate in the case of an established pattern or practice of such failures. (b) Inapplicability to Certain Existing Mortgages.--Subsection (a) shall not apply with respect to any residential mortgage with respect to which the mortgagor and the mortgagee or servicer have entered into a written agreement before the date of enactment of this Act explicitly providing a procedure or terms for approval of a short sale. (c) Treatment of Other Time Limits.--This section may not be construed to preempt, annul, or otherwise affect any other provision of law or of any contract or program that provides a shorter period than is provided under subsection (a) for a decision by the servicer of a residential mortgage loan regarding a short sale of the dwelling or residential real property that is subject to the mortgage, deed or trust, or other security interest that secures the mortgage loan. (d) Definitions.--For purposes of this Act, the following definitions shall apply: (1) Residential mortgage loan.--The term ``residential mortgage loan'' means any consumer credit transaction that is secured by a mortgage, deed of trust, or other equivalent consensual security interest on a dwelling or on residential real property that includes a dwelling, other than a consumer credit transaction under an open end credit plan or an extension of credit relating to a plan described in section 101(53D) of title 11, United States Code. (2) Securitization vehicle.--The term ``securitization vehicle'' means a trust, special purpose entity, or other legal structure that is used to facilitate the issuing of securities, participation certificates, or similar instruments backed by or referring to a pool of assets that includes residential mortgage loans (or instruments that are related to residential mortgage loans, such as credit-linked notes). (3) Servicer.--The term ``servicer'' has the same meaning as in section 129A, except that such term includes a person who makes or holds a residential mortgage loan (including a pool of residential mortgage loans), if such person also services the loan. (4) Short sale.--The term ``short sale'' means the sale of the dwelling or residential real property that is subject to the mortgage, deed or trust, or other security interest that secures a residential mortgage loan that-- (A) will result in proceeds in an amount that is less than the remaining amount due under the mortgage loan; and (B) requires authorization by the securitization vehicle or other investment vehicle or holder of the mortgage loan, or the servicer acting on behalf of such a vehicle or holder. | Prompt Notification of Short Sales Act - Requires each servicer of a home mortgage to respond in writing within 75 days to a mortgagor of a residential mortgage loan who has requested in writing a short sale of the dwelling or residential real property that is subject to the mortgage, deed of trust, or other security interest securing the mortgage loan. Authorizes an aggrieved individual to bring a civil action for damages and equitable relief for any violation of this Act. Declares this Act inapplicable to certain residential mortgages entered into before its enactment whose mortgage agreements explicitly provide a procedure or terms for a short sale approval. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Legislative Branch Financial Accountability Act of 2004''. SEC. 2. CONGRESS. (a) In General.--The Senate and the House of Representatives each shall annually have a financial statement prepared in accordance with United States generally accepted accounting principles, and have the statement independently audited, for the preceding calendar year covering all the accounts and associated activities of the Senate and the House of Representatives, respectively. (b) Financial Statement.--Each financial statement shall reflect the organizational structure of the Senate and House of Representatives, respectively, and shall cover accounts and financial information for all entities of the Senate and House of Representatives, respectively. Joint activities shall be reflected in the financial statement of a House of Congress to the extent that the House funds the activities. SEC. 3. AGENCIES. (a) In General.--Each agency under subsection (b) shall annually have a financial statement prepared in accordance with United States generally accepted accounting principles, and have the statement independently audited, for the preceding fiscal year covering all the accounts and associated activities of the agency. (b) The agencies referred to under subsection (a) are the-- (1) Library of Congress; (2) Congressional Budget Office; (3) Government Accountability Office; (4) Government Printing Office; (5) United States Botanic Garden; (6) Architect of the Capitol; (7) United States Capitol Police; and (8) any other entity of the legislative branch established by Congress and not required by statute to have annual financial statements independently audited. SEC. 4. REPORT. (a) In General.--Not later than 90 days after the date of enactment of this Act, a report described under subsection (b)-- (1) shall be submitted by the Committee on Rules and Administration of the Senate, with respect to the entities of the Senate, to the Committee on Governmental Affairs of the Senate; (2) shall be submitted by the Committee on Administration of the House of Representatives, with respect to entities of the House of Representatives, to the Committee on Government Reform of the House of Representatives; and (3) shall be submitted by each legislative agency or entity under section 3 to the-- (A) Committee on Rules and Administration of the Senate and the Committee on Governmental Affairs of the Senate; and (B) Committee on Administration of the House of Representatives and the Committee on Government Reform of the House of Representatives. (b) Content.--Each report under subsection (a) shall include-- (1) a plan for implementation of this Act, including whether the establishment of an office is necessary to carry out this Act; and (2) recommendations, including legislative actions and amendments to this Act, if necessary, to effectively carry out this Act. SEC. 5. PREPARATION AND AUDIT OF STATEMENTS. (a) Preparation.-- (1) Congress.--Not later than 60 days after the submission of the report under section 4, the majority leader of the Senate in consultation with the minority leader of the Senate, and the Speaker of the House of Representatives in consultation with the minority leader of the House of Representatives, shall establish offices in the Senate and the House of Representatives, respectively, that shall prepare the financial statements for each House required by this Act in accordance with United States generally accepted accounting principles. (2) Legislative agencies and entities.--Not later than 60 days after the submission of the report under section 5, the head of each legislative agency or entity shall designate an individual or establish an office that shall prepare the financial statements required by this Act in accordance with United States generally accepted accounting principles. (b) Audit.--With respect to the financial statements of each House of Congress and each legislative agency or other entity, the majority leader of the Senate in consultation with the minority leader of the Senate, the Speaker of the House of Representatives in consultation with the minority leader of the House of Representatives, and the head of each legislative agency or other entity, respectively, shall provide, by contract, for an independent audit of the financial statements required by this Act in accordance with generally accepted government auditing standards. Not later than 45 days after the end of the applicable fiscal year, whether calendar or fiscal, and each year thereafter, each House of Congress and head of legislative agency or entity shall complete and make available to the public the independently audited financial statement. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act in fiscal year 2005, and each fiscal year thereafter. SEC. 7. EFFECTIVE DATES. (a) In General.--Sections 2 and 3 shall take effect in the applicable fiscal year, whether calendar or fiscal, during which the office referred to in section 5 is established. (b) Administrative Provisions.--Sections 1, 4, 5, and 6 shall take effect on the date of enactment of this Act. | Legislative Branch Financial Accountability Act of 2004 - Requires the Senate, House of Representatives, Library of Congress, Congressional Budget Office, Government Accountability Office, Government Printing Office, U.S. Botanic Garden, Architect of the Capitol, U.S. Capitol Police, and any congressional legislative branch entity not required by statute to have annual financial statements independently audited to each have a financial statement prepared in accordance with U.S. generally accepted accounting principles, and have the statement independently audited, for the preceding calendar year covering all such entity's accounts and associated activities. Requires the entities to report to appropriate congressional committees on: (1) the implementation of this Act, including whether the establishment of an office is necessary; and (2) recommendations, including legislative actions and amendments to this Act, if necessary, to effectively carry it out. Sets forth requirements for the preparation and audit of the statements. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Air Force Science and Technology for the 21st Century Act of 2001''. SEC. 2. FINDINGS. Congress finds the following: (1) The development of science and technology has been a core mission of the Air Force since its inception as an independent service. (2) From fiscal year 1989 to fiscal year 2001, spending on Air Force science and technology programs dropped significantly, from $2,720,000,000 to $1,460,000,000 when measured in constant fiscal year 2001 dollars and from 2.2 percent to 1.7 percent when measured as a percentage of the total obligational authority of the Air Force. (3) In recent years, the focus of Air Force science and technology has shifted to include a smaller percentage of long- term, revolutionary projects with the promise of significant payoff and a higher percentage of short-term projects with the possibility only of incremental technology advances. (4) The steep decline over the last decade in spending on Air Force science and technology programs and the absence of long-term science and technology planning are the result of factors including: (A) The Air Force organization has not included, at a sufficiently high level, a single official with clear responsibility for advocating the development of science and technology. (B) The science and technology program has had inadequate visibility at the highest levels of Air Force decisionmaking. (C) The Air Force does not have a planning process that clearly links long-term warfighting requirements with planning for science and technology development within the budget planning process. (D) The methodologies used to determine the overall budgetary requirements for Air Force science and technology programs and to prioritize among those programs are ineffective. (5) The decline in Air Force science and technology development will likely diminish national security in the future, because important technologies may be unavailable to be incorporated into weapon systems. (6) In recent years, Congress has made efforts to reverse the decline in Air Force science and technology development by appropriating greater amounts for such development than requested in the budget submitted by the President. (7) The Air Force is in the process of making fundamental changes in how it makes budgetary and nonbudgetary policy decisions with respect to its science and technology development programs and how it carries out those programs. (8) The Air Force has made a significant effort over the past two years to increase the emphasis on science and technology development by senior-level decisionmakers through the use of science and technology summits, applied technology councils, and a new advocacy process for science and technology. (9) The Secretary of the Air Force has designated the commander of the Air Force Materiel Command with the grade of general as the budget advocate for science and technology programs. (10) The Secretary of the Air Force has implemented a new planning process for science and technology development that is linked to the Air Force Strategic Plan. (11) The Air Force is, in a good faith effort, conducting a comprehensive review of the long-term challenges and short-term objectives of the Air Force science and technology programs, as specified in section 252 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted by Public Law 106-398; 114 Stat. 1654A-46). (12) Despite the recent Air Force efforts, additional measures are needed to ensure that advocacy for Air Force science and technology development is at its highest and that planning and technology investment prioritization is at its best. SEC. 3. SCIENCE AND TECHNOLOGY INVESTMENT AND DEVELOPMENT PLANNING. (a) Sense of Congress.--It is the sense of Congress that the Secretary of the Air Force should carry out each of the following: (1) Continue and improve efforts to ensure that-- (A) the Air Force science and technology community is represented, and the recommendations of that community are considered, at all levels of program planning and budgetary decisionmaking within the Air Force; (B) advocacy for science and technology development is institutionalized across all levels of Air Force management in a manner that is not dependent on individuals; and (C) the value of Air Force science and technology development is made increasingly apparent to the warfighters, by linking the needs of those warfighters with decisions on science and technology development. (2) Complete and adopt the policy directive that provides for changes in how the Air Force makes budgetary and nonbudgetary decisions with respect to its science and technology development programs and how it carries out those programs. (3) At least once every five years, conduct a review of the long-term challenges and short-term objectives of the Air Force science and technology programs that is consistent with the review specified in section 252 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted by Public Law 106-398; 114 Stat. 1654A-46). (4) Ensure that development and science and technology planning and investment activities are carried out for future space warfighting systems and for future nonspace warfighting systems in an integrated manner. (b) Reinstatement of Development Planning.--(1) The Secretary of the Air Force shall reinstate and implement a revised development planning process that provides for each of the following: (A) Coordinating the needs of Air Force warfighters with decisions on science and technology development. (B) Giving input into the establishment of priorities among science and technology programs. (C) Analyzing Air Force capability options for the allocation of Air Force resources. (D) Developing concepts for technology, warfighting systems, and operations with which the Air Force can achieve its critical future goals. (E) Evaluating concepts for systems and operations that leverage technology across Air Force organizational boundaries. (F) Ensuring that a ``system-of-systems'' approach is used in carrying out the various Air Force capability planning exercises. (G) Utilizing existing analysis capabilities within the Air Force product centers in a collaborative and integrated manner. (2) Not later than one year after the date of the enactment of this Act, the Secretary of the Air Force shall submit to Congress a report on the implementation of the planning process required by paragraph (1). (3) There are authorized to be appropriated to carry out paragraph (1) $20,000,000 for each fiscal year beginning with fiscal year 2002. SEC. 4. STUDY AND REPORT ON EFFECTIVENESS OF AIR FORCE SCIENCE AND TECHNOLOGY PROGRAM CHANGES. (a) Requirement.--The Secretary of the Air Force, in cooperation with the National Research Council of the National Academy of Sciences, shall carry out a study to determine how the changes to the Air Force science and technology program implemented during the past two years affect the future capabilities of the Air Force. (b) Matters Studied.--(1) The study shall independently review and assess whether such changes as a whole are sufficient to ensure the following: (A) The concerns about the management of the science and technology program that have been raised by the Congress, the Defense Science Board, the Air Force Science Advisory Board, and the Air Force Association have been adequately addressed. (B) Appropriate and sufficient technology is available to ensure the military superiority of the United States and counter future high-risk threats. (C) The science and technology investments are balanced to meet the near-, mid-, and long-term needs of the Air Force. (D) Technologies are made available that can be used to respond flexibly and quickly to a wide range of future threats. (E) The Air Force organizational structure provides for a sufficiently senior level, effective advocate of science and technology to ensure an on-going presence of the science and technology community during the budget and planning process. (2) In addition, the study shall independently assess the specific changes as follows: (A) Whether the biannual science and technology summits provide sufficient visibility into, and understanding and appreciation of, the value of the science and technology program to the senior level of Air Force budget and policy decisionmakers. (B) Whether the Applied Technology Councils are effective in contributing the input of all levels beneath the senior leadership into the coordination, focus, and content of the science and technology program. (C) Whether the designation of the Commander of the Air Force Materiel Command as the science and technology budget advocate is effective to assure that an adequate budget top line is set. (D) Whether the revised development planning process is effective to aid in the coordination of the needs of the Air Force warfighters with decisions on science and technology investments and the establishment of priorities among different science and technology programs. (E) Whether the implementation of section 252 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398; 114 Stat. 1654A-46) is effective to identify the basis for the appropriate science and technology program top line and investment portfolio. (c) Report.--Not later than 60 days after the date on which the study required by subsection (a) is completed, the Secretary of the Air Force shall submit to Congress the results of the study. (d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $950,000. SEC. 5. GRADE OF DEPUTY ASSISTANT SECRETARY. It is the sense of Congress that the Deputy Assistant Secretary of the Air Force, Science, Technology, and Engineering, shall be paid at the highest rate of basic pay payable for a member of the Senior Executive Service. | Air Force Science and Technology for the 21st Century Act of 2001 - Expresses the sense of Congress that the Secretary of the Air Force should: (1) continue and improve efforts to ensure the advocacy of science and technology within the Air Force budgetary decisionmaking process; (2) complete and adopt policy directives for changes in Air Force science and technology budgetary and nonbudgetary decisions; (3) review the long-term challenges and short-term objectives of Air Force science and technology programs; and (4) ensure that development and science and technology planning and investment activities are carried out for future space warfighting systems and future nonspace warfighting systems.Directs the Secretary to: (1) reinstate and implement a revised Air Force science and technology development planning process; and (2) carry out a study to determine how changes to the Air Force science and technology program implemented during the past two years affect future Air Force capabilities.Expresses the sense of Congress that the Deputy Assistant Secretary of the Air Force, Science, Technology, and Engineering shall be paid at the highest rate of basic pay for a member of the Senior Executive Service. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeland Security Strategy Act of 2001''. SEC. 2. FINDINGS. Congress finds the following: (1) The United States needs to enhance activities to improve homeland security for its citizens and territory in providing protection from the threat of terrorist or strategic attacks, including cyber attacks and attacks involving the use of chemical, biological, radiological, or nuclear weapons. (2) The two key aspects of homeland security are-- (A) antiterrorism activities, including activities relating to force protection, prevention and detection of attack, law enforcement, public health, reporting, and other activities that precede a domestic attack against the United States; and (B) consequence management, including activities carried out by government entities that are designed to respond to and mitigate the effects of a domestic attack against the United States. (3) There is currently no well-publicized, widely understood, comprehensive, governmentwide strategy concerning the role of the United States Government in homeland security crisis and consequence management. (4) Development and implementation of a homeland security strategy will necessarily involve several executive departments and agencies and will only succeed if the heads of those departments and agencies agree to fully support implementation of the strategy within and across those departments and agencies, including implementation of all aspects of the strategy relating to resourcing and funding of personnel and equipment. (5) The United States Government does not currently have an adequate strategic sense of the unconventional threats to the United States. Due to the significant conventional military superiority of the United States, future adversaries are unlikely to risk a direct head-to-head military confrontation with the United States, but rather are likely to seek to exploit weaknesses in the domestic preparedness and counterterrorism preparedness of the United States. (6) A United States homeland security strategy should reflect a layered approach to homeland security that provides for activities relating to each of the following: prevention of an attack, protection from an attack, and response to an attack. (7) The Department of Defense has assets that could be used to provide and enhance homeland security, but those assets should only be used for that purpose in appropriate circumstances. SEC. 3. REQUIREMENT TO DEVELOP HOMELAND SECURITY STRATEGY. (a) Requirement To Develop Strategy.--The President shall develop a comprehensive strategy for homeland security under which Federal, State, and local government organizations coordinate and cooperate to meet homeland security objectives. (b) Components of Strategy.--The homeland security strategy required to be developed under subsection (a) shall include the following components: (1) Identification of specific homeland security threats based upon the results of the assessment under subsection (c). (2) Development of a specific strategy with respect to antiterrorism activities and consequence management that includes specific, measurable objectives by which the efficacy of the execution of the strategy may be determined. (3) Identification of the Federal executive departments, agencies, and other organizations that should play a role in protecting homeland security and specification of the role of each such organization. (4) Providing for the selective use of personnel and assets of the Armed Forces in circumstances in which those personnel and assets would provide unique capability and could be used without infringing on the civil liberties of the people of the United States. (5) Optimization of the use of intelligence assets and capabilities, including improvement of the processes by which intelligence information is provided to State and local governments. (6) Providing for augmentation of existing medical response capability and equipment stockpiles at the Federal, State, and local levels. (7) Development of a multiyear plan for phased implementation of the strategy and a comprehensive projected budget. (c) Risk Assessment.--The President shall conduct a comprehensive threat and risk assessment with respect to homeland security to be used as the basis for the identification of specific homeland security threats for purposes of subsection (b)(1). SEC. 4. IMPLEMENTATION OF STRATEGY. (a) In General.--The President shall implement the homeland security strategy developed under section 3. The President shall begin to implement the strategy as soon as practicable and shall carry out such implementation in accordance with the plan developed under section 3(b)(7). (b) Designation of Responsible Official.--The President shall designate a single official in the United States Government to be responsible for, and to report to the President on, homeland security. (c) Participation of Agency Heads.--The President shall ensure that the homeland security strategy, including any organizational changes within the executive branch required for the implementation of that strategy, is carried out through the heads of the appropriate executive departments and agencies. (d) Restructuring of Appropriations Accounts as Necessary.--The Director of the Office of Management and Budget shall restructure appropriations accounts as necessary to carry out the organizational and operational changes made in implementing the homeland security strategy. SEC. 5. REPORT TO CONGRESS. (a) Report Required.--Not later than 90 days after the date of the enactment of this Act, the President shall submit to Congress a report describing-- (1) the process by which the homeland security strategy required by this Act will be developed; (2) the time line for developing such strategy; and (3) the anticipated funding and any legislative changes necessary to carry out the strategy. (b) Classified Annex.--The report required under subsection (a) shall be in unclassified form, but may contain a classified annex as necessary. SEC. 6. HOMELAND SECURITY DEFINED. In this Act, the term ``homeland security'' means the protection of the territory, critical infrastructures, and citizens of the United States by Federal, State, and local government entities from the threat or use of chemical, biological, radiological, nuclear, cyber, or conventional weapons by military or other means. | Homeland Security Strategy Act of 2001 - Directs the President to: (1) develop a comprehensive strategy for homeland security (protection from terrorist or strategic attacks) under which Federal, State, and local government organizations coordinate and cooperate to meet security objectives; (2) conduct a comprehensive threat and risk assessment to identify specific homeland security threats; (3) implement the resulting strategy as soon as practicable; (4) designate a single Government official responsible for homeland security; and (5) ensure that the strategy is carried out through the heads of appropriate executive departments and agencies.Requires the Director of the Office of Management and Budget to restructure appropriations accounts as necessary to carry out organizational and operational changes to meet such strategy. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Medical Research Investment Act of 2000''. SEC. 2. INCREASE IN LIMITATION ON CHARITABLE DEDUCTION FOR CONTRIBUTIONS FOR MEDICAL RESEARCH. (a) In General.--Paragraph (1) of section 170(b) of the Internal Revenue Code of 1986 (relating to percentage limitations) is amended by adding at the end the following new subparagraph: ``(G) Special limitation with respect to certain contributions for medical research.-- ``(i) In general.--Any medical research contribution shall be allowed to the extent that the aggregate of such contributions does not exceed the lesser of-- ``(I) 80 percent of the taxpayer's contribution base for any taxable year, or ``(II) the excess of 80 percent of the taxpayer's contribution base for the taxable year over the amount of charitable contributions allowable under subparagraphs (A) and (B) (determined without regard to subparagraph (C)). ``(ii) Carryover.--If the aggregate amount of contributions described in clause (i) exceeds the limitation of such clause, such excess shall be treated (in a manner consistent with the rules of subsection (d)(1)) as a medical research contribution in each of the 10 succeeding taxable years in order of time. ``(iii) Treatment of capital gain property.--In the case of any medical research contribution of capital gain property (as defined in subparagraph (C)(iv)), subsection (e)(1) shall apply to such contribution. ``(iv) Medical research contribution.--For purposes of this subparagraph, the term `medical research contribution' means a charitable contribution-- ``(I) to an organization described in clauses (ii), (iii), (v), or (vi) of subparagraph (A), and ``(II) which is designated for the use of conducting medical research. ``(v) Medical research.--For purposes of this subparagraph, the term `medical research' has the meaning given such term under the regulations promulgated under subparagraph (A)(ii), as in effect on the date of the enactment of this subparagraph.''. (b) Conforming Amendments.-- (1) Section 170(b)(1)(A) of the Internal Revenue Code of 1986 is amended in the matter preceding clause (i) by inserting ``(other than a medical research contribution)'' after ``contribution''. (2) Section 170(b)(1)(B) of such Code is amended by inserting ``or a medical research contribution'' after ``applies''. (3) Section 170(b)(1)(C)(i) of such Code is amended by striking ``subparagraph (D)'' and inserting ``subparagraph (D) or (G)''. (4) Section 170(b)(1)(D)(i) of such Code is amended-- (A) in the matter preceding subclause (I), by inserting ``or a medical research contribution'' after ``applies'', and (B) in the second sentence, by inserting ``(other than medical research contributions)'' before the period. (c) Effective Date.--The amendments made by this section shall apply-- (1) to contributions made in taxable years beginning after December 31, 2000, and (2) to contributions made on or before December 31, 2000, but only to the extent that a deduction would be allowed under section 170 of the Internal Revenue Code of 1986 for taxable years beginning after December 31, 1999, had section 170(b)(1)(G) of such Code (as added by this section) applied to such contributions when made. SEC. 3. TREATMENT OF CERTAIN INCENTIVE STOCK OPTIONS. (a) AMT Adjustments.--Section 56(b)(3) of the Internal Revenue Code of 1986 (relating to treatment of incentive stock options) is amended-- (1) by striking ``Section 421'' and inserting the following: ``(A) In general.--Except as provided in subparagraph (B), section 421'', and (2) by adding at the end the following new subparagraph: ``(B) Exception for certain medical research stock.-- ``(i) In general.--This paragraph shall not apply in the case of a medical research stock transfer. ``(ii) Medical research stock transfer.--For purposes of clause (i), the term `medical research stock transfer' means a transfer-- ``(I) of stock which is traded on an established securities market, (II) of stock which is acquired pursuant to the exercise of an incentive stock option within the same taxable year as such transfer occurs, and ``(III) which is a medical research contribution (as defined in section 170(b)(1)(G)(iv)).''. (b) Nonrecognition of Certain Incentive Stock Options.--Section 422(c) of the Internal Revenue Code of 1986 (relating to special rules) is amended by adding at the end the following new paragraph: ``(8) Medical research contributions.--For purposes of this section and section 421, the transfer of a share of stock which is a medical research stock transfer (as defined in section 56(b)(3)(B)) shall be treated as meeting the requirements of subsection (a)(1).''. (c) Effective Date.--The amendments made by this section shall apply to transfers of stock made after the date of the enactment of this Act. | Provides for the special treatment of medical research incentive stock options. |
SECTION 1. ENTRIES OF CERTAIN HIGH-DENSITY LAMINATE PANELS ENTERED FROM 1998 THROUGH 2000. (a) In General.--Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law, the Bureau of Customs and Border Protection shall, not later than 90 days after the receipt of the request described in subsection (b), liquidate or reliquidate the entries described in subsection (d) at a rate of duty of 1.9 cents per kilogram plus 1.5 percent ad valorem. (b) Request.--Liquidation or reliquidation may be made under subsection (a) with respect to an entry described in subsection (d) only if a request is filed with the Bureau of Customs and Border Protection not later than 90 days after the date of the enactment of this Act. (c) Refund of Amounts Owed.--Any amounts owed by the United States pursuant to the liquidation or reliquidation of an entry described in subsection (d) (including interest from the date of entry) shall be refunded not later than 90 days after the date of such liquidation or reliquidation. (d) Affected Entries.--The entries referred to in subsection (a) are as follows: Entry number Date of entry 196-0056129.......................... 09/20/99 196-0056182.......................... 08/11/99 196-0056223.......................... 10/04/99 196-0056298.......................... 10/11/99 196-0056356.......................... 10/18/99 196-0056411.......................... 10/25/99 196-0056468.......................... 11/01/99 196-0056579.......................... 11/15/99 196-0056699.......................... 11/22/99 196-0056754.......................... 11/29/99 196-0056803.......................... 12/06/99 D82-0981279-0........................ 05/29/98 D82-0981471-3........................ 06/21/98 D82-0981934-0........................ 08/07/98 D82-0983373-9........................ 12/07/98 D82-0983488-5........................ 12/24/98 D82-0983619-5........................ 12/29/98 D82-0983637-7........................ 12/31/98 D82-0983560-1........................ 12/25/98 D82-0983544-5........................ 12/21/98 D82-0983492-7........................ 12/18/98 D82-0983636-9........................ 12/31/98 D82-0983361-4........................ 12/07/98 D82-0983490-1........................ 12/17/98 D82-0983487-7........................ 12/14/98 D82-0983406-7........................ 12/10/98 D82-0982916-6........................ 10/30/98 D82-0983180-8........................ 11/23/98 D82-0982958-8........................ 11/02/98 D82-0983181-6........................ 11/23/98 D82-0983155-0........................ 11/18/98 D82-0983237-6........................ 11/27/98 D82-0983154-3........................ 11/18/98 D82-0983153-5........................ 11/18/98 D82-0983238-4........................ 11/26/98 D82-0982991-9........................ 11/05/98 D82-0983070-1........................ 11/12/98 D82-0983072-7........................ 11/12/98 D82-0983249-1........................ 11/27/98 D82-0990538-8........................ 11/27/98 D82-0990773-1........................ 03/22/99 D82-0990861-4........................ 03/26/99 D82-0991022-2........................ 04/09/99 D82-0990895-2........................ 04/05/99 D82-0983638-5........................ 12/31/98 D82-0983405-9........................ 12/11/98 D82-0983239-2........................ 11/27/98 D82-0982917-9........................ 10/29/98 D82-0982771-5........................ 10/14/98 D82-0982803-6........................ 10/19/98 D82-0983071-9........................ 11/12/98 D82-0981240-2........................ 05/18/98 D82-0981457-2........................ 06/12/98 D82-0981103-2........................ 05/08/98 D82-0981033-1........................ 05/04/98 D82-0981378-0........................ 06/05/98 D82-0980133-0........................ 01/19/98 D82-0982226-0........................ 09/04/98 D82-0982541-2........................ 10/02/98 D82-0982760-8........................ 10/16/98 D82-0982837-4........................ 10/21/98 D82-0990124-7........................ 01/23/99 D82-0982297-1........................ 09/11/98 D82-0982407-6........................ 09/25/98 D82-0982612-1........................ 10/09/98 D82-0982804-4........................ 10/21/98 D82-0990122-1........................ 01/23/99 D82-0990123-9........................ 01/23/99 D82-0983561-9........................ 12/25/98 D82-0983557-7........................ 12/23/98 D82-0983489-3........................ 12/17/98 D82-0983491-9........................ 12/18/98 D82-0982888-7........................ 10/26/98 D82-0994114-4........................ 01/03/00 D82-0991900-9........................ 06/28/99 D82-0992001-5........................ 07/06/99 D82-0992144-3........................ 07/17/99 D82-0992124-5........................ 07/12/99 D82-0991498-4........................ 05/21/99 D82-0991683-1........................ 06/04/99 D82-0991603-9........................ 06/01/99 | Directs the Bureau of Customs and Border Protection to provide for the liquidation or reliquidation of certain entries relating to high-density laminate panels entered from 1998 through 2000. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Counseling for Career Choice Act''. SEC. 2. AMENDMENT. Title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7201 et seq.) is amended by adding at the end the following: ``Part E--Counseling for Career Choice ``SEC. 5701. DEFINITIONS. ``In this part: ``(1) Community college.--The term `community college' means-- ``(A) a junior or community college (as defined in section 312(f) of the Higher Education Act of 1965 (20 U.S.C. 1058(f))); ``(B) a 4-year public institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) that awards a significant number of degrees and certificates, as determined by the Secretary, that are not-- ``(i) baccalaureate degrees (or an equivalent); or ``(ii) master's, professional, or other advanced degrees; or ``(C) an area career and technical education school (as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302)). ``(2) Eligible entity.--The term `eligible entity' means-- ``(A) a local educational agency, including an educational service agency; or ``(B) a consortium that must consist of one local educational agency in combination with one or more local educational agencies, educational service agencies, non-profit organizations with demonstrated expertise in counseling or career and technical education, postsecondary institutions, or tribal organizations. ``(3) Local workforce investment board.--The term `local workforce investment board' means a local workforce investment board established under section 117 of the Workforce Investment Act of 1998 (29 U.S.C. 2832). ``(4) School counselor.--The term `school counselor' has the meaning given the term in section 5421. ``(5) Stakeholders.--The term `stakeholders' includes local educational agencies, school counselors, secondary schools, institutions of higher education (including community colleges), eligible agencies as defined under section 203 of the Adult Education and Family Literacy Act (20 U.S.C. 9202), the State workforce investment board, the State agency responsible for labor market information, other applicable State agencies as determined by the Secretary, local workforce investment boards, area career and technical education schools (as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006), local businesses and industries, organizations offering apprenticeship programs, tribal organizations, labor organizations, programs leading to post-secondary credentials, including industry-recognized credentials, other programs for career and technical education (as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302)), and any other organizations, individuals or persons that the Secretary determines appropriate to carry out the purposes of this part. ``(6) Statewide counseling framework.--The term `statewide counseling framework' means a framework that encompasses grades 6 through 12 and postsecondary education and that includes information on career awareness, skills assessment, skills training, student interest surveys, postsecondary education entrance requirements, secondary school graduation requirements, high school equivalency, adult education programs and services, financial aid, institutions of higher education, community colleges, programs leading to industry-recognized credentials, career and technical education programs, internships, dual enrollment programs, apprenticeships, and professional development opportunities or career development training for school counselors. ``(7) State workforce investment board.--The term `State workforce investment board' means a State workforce investment board established under section 111 of the Workforce Investment Act of 1998 (29 U.S.C. 2821). ``(8) Tribal organization.--The term `tribal organization' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b). ``(9) Industry recognized credential.--The term `industry- recognized,' used with respect to a credential, means a credential that-- ``(A) is sought or accepted by employers within the industry or sector involved as a recognized, preferred, or required credential for recruitment, screening, hiring, retention or advancement purposes; and ``(B) where appropriate, is endorsed by a nationally recognized trade association or organization representing a significant part of the industry or sector. ``SEC. 5702. ESTABLISHMENT AND CAPACITY-BUILDING GRANTS. ``(a) Establishment Grants.-- ``(1) Program authorized.--From amounts appropriated to carry out this part and not reserved by the Secretary under subsection (b), the Secretary shall award establishment grants, on a competitive basis, to State educational agencies to enable the State educational agencies to carry out the activities described in section 5704. ``(2) Duration; extension.-- ``(A) Duration.--Each establishment grant under this subsection shall be for a period of not more than 2 years. ``(B) Amount.--Each grant shall be of an amount not less than $2,000,000 and not more than $5,000,000. ``(C) Extension.--The Secretary may extend a grant awarded under this subsection for additional 3-year periods if the State educational agency-- ``(i) is achieving the intended outcomes of the grant; ``(ii) shows continued engagement with stakeholders; and ``(iii) has established a statewide counseling framework. ``(b) State Capacity-Building Grants.-- ``(1) In general.--The Secretary shall reserve not less than 10 percent and not more than 20 percent of the amounts appropriated to carry out this part for any fiscal year to award capacity-building grants, on a competitive basis, to State educational agencies that do not receive an establishment grant under subsection (a) for such year. ``(2) Activities.--A State educational agency that receives a capacity-building grant under this subsection shall use grant funds to carry out 1 or more of the activities from the State educational agency's application under section 5703 that the Secretary determines is an acceptable use of funds. ``SEC. 5703. APPLICATION. ``A State educational agency desiring a grant under this part shall submit an application at such time, in such manner, and containing such information as the Secretary may require. The application shall include-- ``(1)(A) a description of a proposed statewide counseling framework that is developed in consultation with not less than 5 stakeholders, of which at least 1 stakeholder shall be a local business or industry or statewide industry organization and 1 stakeholder shall be a local educational agency or secondary school; ``(B) a detailed plan to implement a statewide counseling framework that is developed in consultation with not less than 5 stakeholders, of which at least 1 stakeholder shall be a local business or industry or statewide industry organization and 1 shall be a local educational agency or secondary school; or ``(C) evidence of an existing statewide counseling framework and implementation plan supported by not less than 5 stakeholders, of which at least 1 stakeholder shall be a local business or industry or statewide industry organization and 1 shall be a local educational agency or secondary school; and ``(2) a description of how the State educational agency will award subgrants and ensure that the activities described in section 5704 are carried out. ``SEC. 5704. ACTIVITIES. ``(a) In General.--A State educational agency receiving an establishment grant under section 5702(a) shall use grant funds to-- ``(1) develop and implement comprehensive school career counseling programs that align with the statewide counseling framework proposed or described in the State educational agency's application; ``(2) identify and assess school counseling activities and postsecondary options available within the State, and outside the State as applicable; ``(3) hire additional school counselors to effectively serve more students in postsecondary education and adult education planning and career guidance activities, where applicable; ``(4) identify regional workforce trends in collaboration with entities at the State and regional level with expertise in identifying such trends, such as State workforce investment boards, local workforce investment boards, regional economic development organizations, or State employment agencies; ``(5) train school counselors effectively to provide students with current and relevant workforce information, financial aid assistance, personal counseling, and academic advising relevant to students' individual career and postsecondary education goals; ``(6) develop and implement a process and infrastructure for school counselors and school counselor programs to access the statewide counseling framework and information regarding the regional workforce trends identified in paragraph (4); ``(7) develop and implement professional development or career development training certification programs for counselors and other educators involved in preparing students for postsecondary opportunities; ``(8) develop a searchable method by which counseling professional development opportunities from around the State are collected, maintained, and disseminated to school counselors; ``(9) establish, improve, or coordinate postsecondary opportunities, which may include individual career planning, personalized learning plans, registered apprenticeships, internships, dual enrollment programs, programs leading to industry-recognized credentials (including programs at a secondary school), 2-year degree programs, 4-year degree programs, and other applicable postsecondary opportunities; ``(10) provide recommendations and improve a local educational agency's and other education service program providers to out of school youth and adults curricula to better align with workforce trends and available postsecondary opportunities; ``(11) conduct other activities pertaining to the administration of the statewide framework; ``(12) establish partnerships with American Job Centers, which may include co-locating an American Job Center in a high school, transporting students to local American Job Centers, or having American Job Center career counselors and business liaisons assist school counselors in hosting job fairs, career days, or other such similar tasks; and ``(13) leverage resources and emerging technologies that are being developed by stakeholders to support the counseling framework. ``(b) Subgrants.-- ``(1) In general.--A State educational agency that receives an establishment grant may carry out the activities described in subsection (a) directly or through awarding subgrants, on a competitive basis, to eligible entities to enable the eligible entities to carry out any of the activities. ``(2) Application.--An eligible entity that desires a subgrant under this subsection shall submit an application to the State educational agency at such time, in such manner, and containing such information as the State educational agency may reasonably require, including a description of the comprehensive school counseling program for participating schools and students that the eligible entity proposes to develop and implement using subgrant funds. ``(c) Hiring of Personnel.--An eligible entity that receives an establishment grant under section 5702(a) may use grant funds to hire additional school personnel to carry out the activities described in subsection (a). ``SEC. 5705. SUPPLEMENT NOT SUPPLANT. ``Funds made available under this part shall be used to supplement, and not supplant, other Federal, State, and local funds available to carry out the activities supported under this part. ``SEC. 5706. REPORTING REQUIREMENTS. ``Not later than 3 years after the date of enactment of the Counseling for Career Choice Act, and every 3 years thereafter, the Secretary shall prepare and submit to the appropriate committees of Congress a report on the progress made by the eligible entities receiving grants under this part in implementing grant activities. ``SEC. 5707. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this part $40,000,000 for fiscal year 2016 and $40,000,000 for each of the 4 succeeding fiscal years.''. | Counseling for Career Choice Act Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to award competitive establishment grants to states to develop and implement comprehensive school career counseling programs that provide students with effective postsecondary education planning and career guidance services. Requires each program to be aligned with a statewide counseling framework that: (1) encompasses grades 6 through 12 and postsecondary education; and (2) is developed in consultation with, or exists with the support of, at least five stakeholders that include at least one business or industry and at least one local educational agency (LEA) or secondary school. Requires establishment grant funds to be used to: train and hire school counselors; identify regional workforce trends and postsecondary options available in the state; establish, improve, or coordinate postsecondary opportunities; recommend curricular improvements to better align curricula with workforce trends and available postsecondary opportunities; establish partnerships with American Job Centers; and leverage the resources and emerging technologies being developed by stakeholders to support the counseling framework. Allows states to carry out program activities directly or through competitive subgrants to LEAs, or consortia consisting of an LEA, and one or more LEAs, educational service agencies, tribal organizations, postsecondary institutions, or nonprofit organizations with expertise in counseling or career and technical education. Directs the Secretary to reserve at least 10%, but no more than 20%, of the amount appropriated for this Act's counseling program to award competitive capacity-building grants to states that do not receive an establishment grant. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Temporary Investment Tax Credit Restoration Act of 1993''. SEC. 2. INVESTMENT CREDIT FOR MANUFACTURING AND OTHER PRODUCTIVE EQUIPMENT. (a) Allowance of Credit.--Section 46 of the Internal Revenue Code of 1986 (relating to amount of investment credit) is amended by striking ``and'' at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting ``, and'', and by adding at the end thereof the following new paragraph: ``(4) the manufacturing and other productive equipment credit.'' (b) Amount of Credit.--Section 48 of such Code is amended by adding at the end thereof the following new subsection: ``(c) Manufacturing and Other Productive Equipment Credit.-- ``(1) In general.--For purposes of section 46, the manufacturing and other productive equipment credit for any taxable year is an amount equal to 10 percent of the excess (if any) of-- ``(A) the aggregate bases of qualified manufacturing and productive equipment properties placed in service during such taxable year, over ``(B) the base amount. ``(2) Qualified manufacturing and productive equipment property.--For purposes of this subsection-- ``(A) In general.--The term `qualified manufacturing and productive equipment property' means any property-- ``(i) which is used-- ``(I) as an integral part of the manufacture or production of tangible personal property, or ``(II) in farming, ``(ii) which is tangible property to which section 168 applies, and ``(iii) which is section 1245 property (as defined in section 1245(a)(3)). ``(B) Special rule for computer software.--In the case of any computer software which is used to control or monitor a manufacturing or production process and with respect to which depreciation (or amortization in lieu of depreciation) is allowable, such software shall be treated as qualified manufacturing and productive equipment property. ``(3) Base amount.--For purposes of paragraph (1)(B)-- ``(A) In general.--The term `base amount' means the product of-- ``(i) the fixed-base percentage, and ``(ii) the average annual gross receipts of the taxpayer for the 4 taxable years preceding the taxable year for which the credit is being determined (hereafter in this subsection referred to as the `credit year'). ``(B) Minimum base amount.--In no event shall the base amount be less than 50 percent of the amount determined under paragraph (1)(A). ``(C) Fixed-base percentage.-- ``(i) In general.--The fixed-base percentage is the percentage which the aggregate amounts described in paragraph (1)(A) for taxable years beginning after December 31, 1987, and before January 1, 1993, is of the aggregate gross receipts of the taxpayer for such taxable years. ``(ii) Rounding.--The percentages determined under clause (i) shall be rounded to the nearest \1/100\ of 1 percent. ``(D) Other rules.--Rules similar to the rules of paragraphs (4) and (5) of section 41(c) shall apply for purposes of this paragraph. ``(4) Allocation of basis adjustment.--The reduction required by section 50(c) for any taxable year shall be allocated among the qualified manufacturing and productive equipment property placed in service by the taxpayer during such year in proportion to the respective bases of such property. ``(5) Recapture.--In applying section 50(a) to any property which ceases to be qualified manufacturing and productive equipment property, the credit determined under this subsection with respect to such property shall be treated as being equal to 10 percent of the lesser of-- ``(A) the excess referred to in paragraph (1) for the taxable year in which such property was placed in service, or ``(B) the basis of such property which was taken into account under paragraph (1). ``(6) Controlled groups.--Rules similar to the rules of paragraph (1) of section 41(f) shall apply for purposes of this subsection. ``(7) Coordination with other credits.--This subsection shall not apply to any property to which the energy credit or rehabilitation credit would apply unless the taxpayer elects to waive the application of such credits to such property. ``(8) Certain progress expenditure rules made applicable.-- Rules similar to rules of subsection (c)(4) and (d) of section 46 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this subsection. ``(9) Application of subsection.--This subsection shall apply to periods after December 31, 1992, and before January 1, 1995, under rules similar to the rules of section 48(m) (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990).'' (c) Technical Amendments.-- (1) Clause (ii) of section 49(a)(1)(C) of such Code is amended by inserting ``or qualified manufacturing and productive equipment property'' after ``energy property''. (2) Subparagraph (E) of section 50(a)(2) of such Code is amended by inserting ``or 48(c)(5)'' before the period at the end thereof. (3) Paragraph (5) of section 50(a) of such Code is amended by adding at the end thereof the following new subparagraph: ``(D) Special rules for certain property.--In the case of any qualified manufacturing and productive equipment property which is 3-year property (within the meaning of section 168(e))-- ``(i) the percentage set forth in clause (ii) of the table contained in paragraph (1)(B) shall be 66 percent, ``(ii) the percentage set forth in clause (iii) of such table shall be 33 percent, and ``(iii) clauses (iv) and (v) of such table shall not apply.'' (4)(A) The section heading for section 48 of such Code is amended to read as follows: ``SEC. 48. OTHER CREDITS.'' (B) The table of sections for subpart E of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 48 and inserting the following: ``Sec. 48. Other credits.'' (d) Effective Date.--The amendments made by this section shall apply to taxable years ending after December 31, 1992. | Temporary Investment Tax Credit Restoration Act of 1993 - Amends the Internal Revenue Code to allow an investment tax credit for manufacturing and other productive equipment for the period after December 31, 1987, and before January 1, 1993. Provides for determining such credit. |
SECTION 1. FINDING. Congress finds that it is in the public interest to eliminate expensive and contentious disputes between the Secretary and permittees by conveying, for fair market value, certain federally owned land in the Lake Roosevelt National Recreation Area, Washington. SEC. 2. PURPOSE. The purpose of this Act is to establish terms and conditions under which the Secretary shall convey, for fair market value (less the improvements), certain Federal land in the Lake Roosevelt National Recreation Area, Washington. SEC. 3. DEFINITIONS. In this Act: (1) Permittee.--The term ``permittee''-- (A) means a person who, on the date of the enactment of this Act, holds a valid permit for use of a Property; and (B) includes the permittee's heirs, executors, and assigns of that permittee's interest. (2) Property.--The term ``Property'' means Federal land (including improvements) associated by permit with one of 25 private cabins on 26 vacation sites located along Sherman Creek and Rickey Point in the Lake Roosevelt National Recreation Area. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. SALE OF PROPERTIES. (a) Timing; Purchaser To Extend Option To Purchase.-- (1) In general.--The Secretary shall give the permittee of a Property the first option to purchase that Property for fair market value (less the value of all permittee improvements) as determined under subsection (d). The Secretary shall convey the Property as soon as practicable after the date of the enactment of this Act, but no later than at the conclusion of the current permit period. If the Secretary fails to convey the property before the lease expires, the Secretary shall authorize permit extensions at no additional cost to the permittee. (2) Compensation for improvements.--If a permittee declines to purchase a Property, the Secretary shall offer the Property for sale to the general public at fair market value, as determined under subsection (d). If a person other than the permittee purchases the Property, that person shall compensate the permittee for the fair market value of all private improvements made to the Property, as determined under subsection (d). (3) Failure to sell.--If no person submits a bid at or above the fair market value as determined under subsection (d), the property shall remain in Federal ownership. (b) In General.--The Secretary-- (1) shall offer to sell, for fair market value-- (A) all right, title, and interest of the United States in and to each Property, subject to valid existing rights; and (B) easements for-- (i) vehicular access to such Property; (ii) access to and use of one dock for such Property; and (iii) access to and use of all boathouses, ramps, retaining walls, and other improvements for which access is provided in the permit for use of such Property on the date of the enactment of this Act; and (2) may sell, for fair market value, Federal land contiguous to each Property, not including shoreline or land needed to provide public access to the shoreline, if the Secretary-- (A) determines that such a sale will eliminate inholdings and facilitate administration of adjacent land remaining in Federal ownership after the sale of each Property; and (B) after consultation with the appropriate Indian tribe, determines that such a sale will not adversely affect Indian cultural resources and sacred sites. (c) Purchase Process.--The Secretary shall-- (1) solicit sealed bids for each Property; and (2) sell each Property to the bidder who submits the highest bid at or above the fair market value of the Property, as determined under subsection (d). (d) Appraisal.--The Secretary shall conduct an appraisal of each Property (less the value of all permittee improvements) to determine the fair market value of that Property. The appraisal shall-- (1) be conducted in conformance with the Uniform Standards of Professional Appraisal Practice; (2) appraise the value of the Property, including the value of appurtenant easements, exclusive of the value of private improvements made by permittees of the Property before the date of the appraisal; and (3) appraise the value of all private improvements made by permittees of the Property before the date of the appraisal. (e) Costs.--The cost of a conveyance of a Property under this Act, including the cost of required appraisals, shall be paid-- (1) by the Secretary in the case of a sale to a permittee, from revenues of that sale; and (2) by the purchaser in the case of a sale to any person other than the permittee. SEC. 5. PROCEEDS FROM THE SALE OF LAND. Revenues from the sale of Federal land under this Act shall be made available to the Secretary, without further appropriation, for costs under section 4(e)(1) and for deferred maintenance activities in the Lake Roosevelt National Recreation Area. | This bill requires the Department of the Interior to give permittees of specified federal land (including improvements) located along Sherman Creek and Rickey Point in Lake Roosevelt National Recreation Area in the state of Washington the first option to purchase such property for fair market value. Interior shall offer to sell for fair market value: all interest of the United States in and to each property; and easements for vehicular access to it, access to and use of one dock for it, and access to and use of all boathouses, ramps, retaining walls, and other improvements for which access is provided in the permit. Interior shall also: solicit sealed bids for each property, and sell each property to the bidder who submits the highest bid at or above its fair market value. The cost of a conveyance of a property, including the costs of required appraisals, shall be paid by: Interior, for a sale to a permittee, from revenues of that sale; and the purchaser, for a sale to any person other than the permittee. Revenues from sales of federal lands under this bill shall be made available, without further appropriation, for conveyance costs and for deferred maintenance activities in the recreation area. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Indian Housing Development and Reform Act of 1994''. SEC. 2. FINDINGS. The Congress finds that-- (1) Indian tribes face an unprecedented crisis due to the lack of shelter for a growing number of individuals and families, including elderly persons, persons with disabilities, and families with children; (2) the demand for Indian housing has become more severe and, in the absence of more effective efforts and consistent funding, is expected to become dramatically worse, endangering the lives and safety of Indian and Alaska Native people; (3) the Federal Government has a historical and special legal relationship with, and resulting responsibility to, Indian tribes; (4) included within the relationship referred to in paragraph (3) is a trust responsibility to provide decent, safe, sanitary, and affordable housing to the members of Indian tribes residing on reservations; (5) the Inspector General of the Department of the Interior has issued several audit reports on various area offices of the Bureau of Indian Affairs and has concluded that the Housing Improvement Program has been severely mismanaged and abused; (6) as a result of the mismanagement and abuse of the Housing Improvement Program, persons who are not eligible for the Program are receiving assistance while persons who are eligible for the Program are not receiving needed assistance; (7) the Secretary of Housing and Urban Development has the primary responsibility for the delivery of Indian housing services; and (8) the transfer of the Housing Improvement Program to the Department of Housing and Urban Development will eliminate useless bureaucracy and waste while allowing the Secretary of Housing and Urban Development to administer the Housing Improvement Program according to the Program's intended goals and objectives. SEC. 3. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Department.--The term ``Department'', unless otherwise specified, means the Department of Housing and Urban Development. (2) Incorporated definitions.--The terms ``Indian'', ``Indian housing authority'', and ``Indian tribe'' have the same meanings as in section 3 of the United States Housing Act of 1937. (3) Program.--The term ``Program'' means the Housing Improvement Program of the Bureau of Indian Affairs, Department of the Interior, as set forth in part 256 of title 25, Code of Federal Regulations. (4) Secretary.--The term ``Secretary'', unless otherwise specified, means the Secretary of Housing and Urban Development. SEC. 4. HOUSING IMPROVEMENT PROGRAM. (a) Transfer of Program.-- (1) In general.--The Program is hereby transferred to the Department. (2) Effective date.--Paragraph (1) shall take effect on the expiration of the 180-day period following the date of enactment of this Act. (b) Program Goals.--Notwithstanding any other provision of law, the goals of the Program are-- (1) to benefit Indian families by providing decent, safe, and sanitary shelter and by reducing the health and social costs created by an unsafe and unsanitary environment; and (2) to provide for renovations, repairs, and additions to existing Indian houses, including repairs to houses that remain substandard but need repairs for the health or safety of the occupants and repairs to bring Indian houses to standard condition. (c) Administration of the Program.-- (1) In general.--The Secretary shall carry out the Program in accordance with this section. (2) Limitation on assistance.--Notwithstanding paragraph (3) or any other provision of law, the Secretary, unless otherwise authorized by the governing body of an Indian tribe-- (A) shall provide assistance under the Program only to the governing body of an Indian tribe; and (B) shall not provide any such assistance to an Indian housing authority. (3) Modifications to program.--The Secretary is authorized to modify or otherwise change the Program to meet the goals set forth in subsection (b). (d) Transfer and Allocations of Appropriations.--Except as otherwise provided in this section, the assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, used, held, arising from, available to, or to be made available in connection with the Program, subject to section 1531 of title 31, United States Code, shall be transferred to the Department. Unexpended funds transferred pursuant to this section shall be used only for the purposes for which the funds were originally authorized and appropriated. (e) Transfer of Personnel.-- (1) In general.--Except as otherwise provided in this section, the Secretary of the Interior shall transfer such personnel to the Department to administer the Program as the Secretary considers necessary and appropriate. (2) No separation or reduction in grade or compensation for 1 year.--Except as otherwise provided in this section, any transfer pursuant to this section of full-time personnel (except special Government employees) and part-time personnel holding permanent positions shall not cause any such employee to be separated or reduced in grade or compensation during the 1-year period beginning on the date on which the employee is transferred to the Department. (3) Executive schedule employees.--Except as otherwise provided in this section, any person who, on the day preceding the date on which such person is transferred to the Department under this section, holds a position compensated in accordance with the Executive Schedule prescribed in chapter 53 of title 5, United States Code, and who, without a break in service, is appointed in the Department to a position having duties comparable to the duties performed immediately preceding such appointment shall continue to be compensated in such new position at not less than the rate provided for such previous position, for the duration of the service of such person in such new position. (4) Presidential appointees.--Positions whose incumbents are appointed by the President, by and with the advice and consent of the Senate, the functions of which are transferred pursuant to this section, shall terminate on the effective date of this section. (f) Incidental Transfers.--The Director of the Office of Management and Budget, at such time or times as the Director shall provide, is authorized to make such determinations as may be necessary with regard to the Program, and to make such additional incidental dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with the Program, as may be necessary to carry out this section. The Director of the Office of Management and Budget shall provide for the termination of the affairs of all entities terminated by this section and for such further measures and dispositions as may be necessary to effectuate the purposes of this section. (g) Continuing Effect of Legal Documents.--All orders, determinations, rules, regulations, permits, agreements, grants, contracts, certificates, licenses, registrations, privileges, and other administrative actions-- (1) that have been issued, made, granted, or allowed to become effective by the President, any Federal agency or official, or by a court of competent jurisdiction, in the performance of the Program which are transferred under this section; and (2) that are in effect on the effective date of subsection (a)(1), or that were final before such date and are to become effective on or after such date; shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Secretary, or other authorized official, a court of competent jurisdiction, or by operation of law. (h) Proceedings Not Affected.--The provisions of this section shall not affect any proceedings, including notices of proposed rulemaking, or any application for any license, permit, certificate, or financial assistance pending before the Department of the Interior on the effective date of subsection (a)(1), with respect to the Program, and such proceedings and applications shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this section had not been enacted, and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this section shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this section had not been enacted. (i) Actions Not Affected.--The provisions of this section shall not affect actions commenced before the effective date of subsection (a)(1), and in all such actions, proceedings shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this section had not been enacted. (j) Nonabatement of Actions.--No action or other proceeding commenced by or against the Department of the Interior, or by or against any individual in the official capacity of such individual as an officer of the Department of the Interior, shall abate by reason of the enactment of this section. (k) Administrative Actions Relating to Promulgation of Regulations.--Any administrative action relating to the preparation or promulgation of a regulation by the Department of the Interior relating to the Program may be continued by the Department with the same effect as if this section had not been enacted. (l) Transition.--The Secretary is authorized to utilize-- (1) the services of such officers, employees, and other personnel of the Department of the Interior with respect to the Program; and (2) funds appropriated to the Program for such period of time as may reasonably be needed to facilitate the orderly implementation of this section. (m) References.--Reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or relating to-- (1) the Secretary of the Interior, with regard to the Program, shall be deemed to refer to the Secretary; and (2) the Department of the Interior, with regard to the Program, shall be deemed to refer to the Department. (n) Regulations.--The Secretary shall, by notice published in the Federal Register, establish such requirements as may be necessary to carry out this section. The Secretary shall issue final regulations to carry out this section, based on such notice, after providing opportunity for public comment on the notice. (o) Authorization of Appropriations.--There are authorized to be appropriated $34,000,000 for fiscal years 1996, 1997, 1998, 1999, and 2000 to carry out the Program. SEC. 5. AUTHORIZATION. Section 5(c) of the United States Housing Act of 1937 (42 U.S.C. 1437c(c)) is amended by adding at the end the following new paragraph: ``(9) Using the additional budget authority that becomes available during fiscal years 1996, 1997, 1998, 1999, and 2000, the Secretary shall, to the extent approved in appropriation Acts, reserve authority to enter into obligations aggregating, for public housing grants for Indian families under subsection (a)(2), an amount sufficient to provide assistance for an additional 4,000 units of Indian housing for each such year.''. SEC. 6. ELIGIBLE INDIANS. Section 201 of the United States Housing Act of 1937 (42 U.S.C. 1437aa) is amended by adding at the end the following new subsection: ``(d) Eligible Families.-- ``(1) In general.--Except as provided in section 202(d) of this title and paragraph (2) of this subsection, low-income housing developed or operated pursuant to a contract between the Secretary and an Indian housing authority shall be limited to Indian low-income families. ``(2) Exception.--An Indian housing authority may provide assistance to any non-Indian family on an Indian reservation or other Indian area if the Indian housing authority determines that the need for housing for such families on the Indian reservation or other Indian area cannot reasonably be met without such assistance. ``(3) Existing assistance.--Nothing in this subsection shall be construed to prohibit or otherwise affect any assistance provided to a family served by an Indian housing authority on the date of enactment of this subsection.''. SEC. 7. CERTAIN WAGE RATES NOT APPLICABLE. (a) Wage Rates.--Beginning on the date of enactment of this Act, the provisions of the Davis-Bacon Act shall not be applicable to any construction, alteration, or repair, including painting and decorating, carried out pursuant to any contract entered into after the date of enactment of this Act, except as provided in subsection (b), in connection with any housing project of 40 units or less involving Indian housing developed or operated by an Indian housing authority. (b) Existing Contracts.--The provisions of subsection (a) shall not affect any contract in effect on the date of enactment of this Act, or any contract that is entered into on or after such date of enactment pursuant to invitations for bids that were outstanding on such date of enactment. SEC. 8. TECHNICAL ASSISTANCE. (a) Technical Assistance Grants.--The Secretary is authorized to make grants to Indian tribes for use by such tribes in obtaining technical assistance in connection with Indian housing programs. (b) Authorization of Appropriations.--There are authorized to be appropriated $500,000 to carry out the provisions of subsection (a). | Indian Housing Development and Reform Act of 1994 - Transfers the Housing Improvement Program from the Bureau of Indian Affairs, Department of the Interior, to the Department of Housing and Urban Development (HUD). Authorizes appropriations. Amends the United States Housing Act of 1937 to: (1) obligate assistance for additional Indian housing units; and (2) limit, with exceptions, low-inome housing operated by an Indian housing authority to Indian low-income families. Authorizes the Secretary of HUD to make housing-related technical assistance grants to Indian tribes. Authorizes appropriations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Service Members Mental Health Screening Act''. SEC. 2. MENTAL HEALTH ASSESSMENTS FOR MEMBERS OF THE ARMED FORCES DEPLOYED IN SUPPORT OF A CONTINGENCY OPERATION. (a) Mental Health Examinations During a Deployment.-- (1) In general.--Chapter 55 of title 10, United States Code, is amended by inserting after section 1074l the following new section: ``Sec. 1074m. Mental health assessments for members of the armed forces deployed in support of a contingency operation ``(a) Mental Health Assessments.--(1) The Secretary of Defense shall provide a person-to-person mental health assessment for each member of the armed forces who is deployed in support of a contingency operation as follows: ``(A) Once during the period beginning 60 days before the date of the deployment. ``(B) Once during each 180-day period in which the member is so deployed. ``(C) Once during the period beginning 90 days after the date of redeployment from the contingency operation and ending 180 days after such redeployment date. ``(D) Subject to subsection (d), not later than once during each of-- ``(i) the period beginning 180 days after the date of redeployment from the contingency operation and ending one year after such redeployment date; ``(ii) the period beginning one year after such redeployment date and ending two years after such redeployment date; and ``(iii) the period beginning two years after such redeployment date and ending three years after such redeployment date. ``(2) A mental health assessment is not required for a member of the armed forces under subparagraphs (C) and (D) of paragraph (1) if the Secretary determines that-- ``(A) the member was not subjected or exposed to operational risk factors during deployment in the contingency operation concerned; or ``(B) providing such assessment to the member during the time periods under such subparagraphs would remove the member from forward deployment or put members or operational objectives at risk. ``(b) Purpose.--The purpose of the mental health assessments provided pursuant to this section shall be to identify post-traumatic stress disorder, traumatic brain injury, suicidal tendencies, and other behavioral health conditions identified among members of the armed forces described in subsection (a) in order to determine which such members are in need of additional care and treatment for such health conditions. ``(c) Elements.--(1) The mental health assessments provided pursuant to this section shall-- ``(A) be performed by personnel trained and certified to perform such assessments and may be performed-- ``(i) by licensed mental health professionals if such professionals are available and the use of such professionals for the assessments would not impair the capacity of such professionals to perform higher priority tasks; and ``(ii) by personnel at private facilities in accordance with section 1074(c) of this title. ``(B) include a person-to-person dialogue between members of the armed forces described in subsection (a) and the professionals or personnel described by paragraph (1), as applicable, on such matters as the Secretary shall specify in order that the assessments achieve the purpose specified in subsection (b) for such assessments; ``(C) be conducted in a private setting to foster trust and openness in discussing sensitive health concerns; ``(D) be provided in a consistent manner across the military departments; and ``(E) include a review of the health records of the member that are related to each previous deployment of the member or other relevant activities of the member while serving in the armed forces, as determined by the Secretary. ``(2) The Secretary may treat periodic health assessments and other person-to-person assessments that are provided to members of the armed forces, including examinations under section 1074f, as meeting the requirements for mental health assessments required under this section if the Secretary determines that such assessments and person-to-person assessments meet the requirements for mental health assessments established by this section. ``(d) Cessation of Assessments.--No mental health assessment is required to be provided to an individual under subsection (a)(1)(D) after the individual's discharge or release from the armed forces. ``(e) Diagnoses During Deployment.--(1) In order to prevent suicide, self-harm, harm to others, and under-performance of members of the armed forces, the Secretary shall, with respect to a member described in paragraph (2)-- ``(A) retire the member pursuant to section 1201 of this title if such member is otherwise qualified for such retirement; or ``(B) redeploy such member from the contingency operation to a location where the member may receive appropriate medical treatment. ``(2) A member described in this paragraph is a member of the armed forces who, as a result of a mental health assessment conducted under subsection (a)(1)(B)-- ``(A) is diagnosed with post-traumatic stress disorder, traumatic brain injury, suicidal tendencies, or other behavioral health condition; and ``(B) as part of such diagnosis, is determined to-- ``(i) require care or monitoring that the Secretary determines cannot be provided while the member is deployed in support of a contingency operation; ``(ii) be at risk of self-harm or harming other members of the armed forces; or ``(iii) be unable to perform duties assigned during such deployment. ``(f) Sharing of Information.--(1) The Secretary of Defense shall share with the Secretary of Veterans Affairs such information on members of the armed forces that is derived from confidential mental health assessments, including mental health assessments provided pursuant to this section and health assessments and other person-to- person assessments provided before the date of the enactment of this section as the Secretary of Defense and the Secretary of Veterans Affairs jointly consider appropriate to ensure continuity of mental health care and treatment of members of the armed forces during the transition from health care and treatment provided by the Department of Defense to health care and treatment provided by the Department of Veterans Affairs. ``(2) Any sharing of information under paragraph (1) shall occur pursuant to a protocol jointly established by the Secretary of Defense and the Secretary of Veterans Affairs for purposes of this subsection. Any such protocol shall be consistent with the following: ``(A) Applicable provisions of the Wounded Warrior Act (title XVI of Public Law 110-181; 10 U.S.C. 1071 note), including section 1614 of that Act (122 Stat. 443; 10 U.S.C. 1071 note). ``(B) Section 1720F of title 38. ``(3) Before each mental health assessment is conducted under subsection (a), the Secretary of Defense shall ensure that the member of the armed forces is notified of the sharing of information with the Secretary of Veterans Affairs under this subsection. ``(g) Regulations.--The Secretary of Defense, in consultation with the other administering Secretaries, shall prescribe regulations for the administration of this section. ``(h) Reports.--(1) Upon the issuance of the regulations prescribed under subsection (g), the Secretary of Defense shall submit to Congress a report describing such regulations. ``(2)(A) Not later than 270 days after the date of the issuance of the regulations prescribed under subsection (g), the Secretary shall submit to Congress an initial report on the implementation of the regulations by the military departments. ``(B) Not later than two years after the date of the issuance of the regulations prescribed under subsection (g), the Secretary shall submit to Congress a report on the implementation of the regulations by the military departments. The report shall include an evidence-based assessment of the effectiveness of the mental health assessments provided pursuant to the regulations in achieving the purpose specified in subsection (b) for such assessments.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 55 of such title is amended by inserting after the item relating to section 1074l the following new item: ``1074m. Mental health assessments for members of the armed forces deployed in support of a contingency operation.''. (3) Regulations.--The Secretary of Defense shall prescribe an interim final rule with respect to the amendment made by paragraph (1), effective not later than 90 days after the date of the enactment of this Act. (b) Conforming Repeal.--Section 708 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2376; 10 U.S.C. 1074f note) is repealed. | Service Members Mental Health Screening Act - Requires the Secretary of Defense (Secretary) to provide a person-to-person mental health assessment for each member deployed in support of a contingency operation: (1) once during the period beginning 60 days before the deployment, (2) once during each 180-day period in which the member is so deployed, (3) once during the period beginning 90 days after the date of redeployment from the contingency operation and ending 180 days after such redeployment date, and (4) once each over the next three years following the redeployment date. Provides assessment exceptions, including when the member was not subjected or exposed to operational risk factors during the deployment. Terminates assessment requirements after the individual's discharge or release. Allows the Secretary, in order to prevent suicide, self-harm, harm to others, or under-performance, to: (1) retire a member if the member is otherwise qualified for retirement, or (2) redeploy the member to a location where the member may receive appropriate medical treatment. Requires the Secretary to share assessment information with the Secretary of Veterans Affairs for purposes of the transition of health care and treatment provided by DOD to health care and treatment provided by the VA. |
SECTION 1. STATEMENT OF POLICY. It is the policy of the United States Government that historically Black colleges and universities and nonprofit organizations owned and controlled by Black Americans share equitably in the benefits to be derived from being and becoming full participants in federally funded research and development activities. SEC. 2. PURPOSE. The purpose of this Act is to establish, enhance, and expand the participation of historically Black colleges and universities and nonprofit organizations owned and controlled by Black Americans in research and development through their designation as federally funded research and development centers. SEC. 3. ACTIONS REQUIRED. (a) General Authority.--The Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.) is amended by adding at the end the following: ``participation of historically black colleges and universities and nonprofit organizations owned and controlled by black americans in research and development activities ``Sec. 29. (a)(1) The Federal Acquisition Regulation shall include regulations to ensure that historically Black colleges and universities and nonprofit organizations owned and controlled by Black Americans are afforded the opportunity to participate equitably in research and development activities conducted for executive agencies. ``(2) The regulations shall require that the head of each executive agency having regular requirements for research and development-- ``(A) except as provided in paragraph (3), designate not less than 5 historically Black colleges and universities or nonprofit organizations owned and controlled by Black Americans to be designated as federally funded research and development centers for such agency; ``(B) reserve not less than 3 percent of amounts appropriated to such agency for research and development activities for purposes of providing technical assistance and other support to historically Black colleges and universities and nonprofit organizations owned and controlled by Black Americans in order to expand the participation of such entities in federally funded research and development; ``(C) reserve, for purposes of research and development activities to be conducted by federally funded research and development centers designated pursuant to subparagraph (A)-- ``(i) in the fiscal year 1995, not less than 5 percent of amounts appropriated to such agency for research and development activities; ``(ii) in the fiscal year 1996, not less than 10 percent of amounts appropriated to such agency for research and development activities; ``(iii) in the fiscal year 1997, not less than 15 percent of amounts appropriated to such agency for research and development activities; and ``(iv) in the fiscal year 1998 and in each succeeding fiscal year, not less than 20 percent of amounts appropriated to such agency for research and development activities; and ``(D) with respect to each federally funded research and development center designated pursuant to paragraph (1)-- ``(i) assess any need for technical assistance and other support; and ``(ii) as soon as practicable, develop and implement a coordinated plan for delivery of such assistance. ``(3) The Administrator may authorize an executive agency to designate fewer than 5 historically Black colleges and universities or nonprofit organizations owned and controlled by Black Americans as federally funded research and development centers pursuant to paragraph (2)(A) if the Administrator determines that amounts reserved by such agency under paragraph (2)(C) for such centers would be insufficient to carry out research and development activities at 5 such colleges, universities, and nonprofit organizations. ``(b) The head of an executive agency designating a federally funded research and development center pursuant to subsection (a)(2)(A) shall consider that center as a responsible source for purposes of research and development contracts and cooperative agreements of that agency. ``(c) In any fiscal year in which an executive agency does not expend all of the amounts reserved by such agency pursuant to subsection (a)(2)(C) for support of research and development activities at federally funded research and development centers designated pursuant to subsection (a)(2)(A), any of such amounts that are not so expended shall be returned to the Treasury of the United States. ``(d) For purposes of this section, the term `historically Black college and university' means a part B institution as such term is defined in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2)).''. (b) Annual GAO Study and Report.-- (1) Requirement.--Section 17 of the Office of Federal Procurement Policy Act (41 U.S.C. 415) is amended by adding at the end the following new subsection: ``(c) The Comptroller General of the United States shall annually conduct a study and submit a report to the Congress on the activities of executive agencies in carrying out this section. Such report shall specifically include-- ``(1) a description of the extent to which each executive agency is complying with the requirements of such section; and ``(2) a description of technical assistance and other support provided by the executive agencies.''. (2) First study and report.--The Comptroller General of the United States shall conduct the first study, and submit the first report, required by section 17(c) of the Office of Federal Procurement Policy Act (as added by paragraph (1)) during 1995. SEC. 4. EFFECTIVE DATE. The amendments made by section 3 shall take effect on October 1, 1994. | Amends the Office of Federal Procurement Policy Act to require the Federal Acquisition Regulation to include regulations to ensure the participation (except in specified circumstances) of at least five historically Black colleges and universities and nonprofit organizations owned and controlled by Black Americans in research and development (R&D) activities conducted for executive agencies. Outlines the requirements to be imposed on executive agencies through such regulations, including the requirement that each such agency reserve a specified percentage of its FY 1995 through 1998 appropriations for R&D activities to be conducted by the Black colleges it must designate under this Act as federally funded R&D centers. Increases such set-aside on a graduated basis for such fiscal years. Directs the Comptroller General to study and report to the Congress annually on the activities of executive agencies in carrying out this Act. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Workforce Democracy and Fairness Act''. SEC. 2. TIMING OF ELECTIONS. Section 9 of the National Labor Relations Act (29 U.S.C. 159) is amended-- (1) in subsection (b), by striking ``The Board shall decide'' and all that follows through ``Provided, That the'' and inserting: ``In each case, prior to an election, the Board shall determine, in order to assure to employees the fullest freedom in exercising the rights guaranteed by this Act, the unit appropriate for the purposes of collective bargaining. Unless otherwise stated in this Act, and excluding bargaining unit determinations promulgated through rulemaking effective before August 26, 2011, the unit appropriate for purposes of collective bargaining shall consist of employees that share a sufficient community of interest. In determining whether employees share a sufficient community of interest, the Board shall consider (1) similarity of wages, benefits, and working conditions; (2) similarity of skills and training; (3) centrality of management and common supervision; (4) extent of interchange and frequency of contact between employees; (5) integration of the work flow and interrelationship of the production process; (6) the consistency of the unit with the employer's organizational structure; (7) similarity of job functions and work; and (8) the bargaining history in the particular unit and the industry. To avoid the proliferation or fragmentation of bargaining units, employees shall not be excluded from the unit unless the interests of the group sought are sufficiently distinct from those of other employees to warrant the establishment of a separate unit. Whether additional employees should be included in a proposed unit shall be based on whether such additional employees and proposed unit members share a sufficient community of interest, with the sole exception of proposed accretions to an existing unit, in which the inclusion of additional employees shall be based on whether such additional employees and existing unit members share an overwhelming community of interest and the additional employees have little or no separate identity. The''; and (2) in subsection (c)(1), in the matter following subparagraph (B)-- (A) by inserting ``, but in no circumstances less than 14 calendar days after the filing of the petition'' after ``hearing upon due notice''; (B) by inserting before the last sentence the following: ``An appropriate hearing shall be one that is non-adversarial with the hearing officer charged, in collaboration with the parties, with the responsibility of identifying any relevant and material pre-election issues and thereafter making a full record thereon. Relevant and material pre-election issues shall include, in addition to unit appropriateness, the Board's jurisdiction and any other issue the resolution of which may make an election unnecessary or which may reasonably be expected to impact the election's outcome. Parties may raise independently any relevant and material pre-election issue or assert any relevant and material position at any time prior to the close of the hearing.''; (C) in the last sentence-- (i) by inserting ``or consideration of a request for review of a regional director's decision and direction of election,'' after ``record of such hearing''; and (ii) by inserting ``to be conducted as soon as practicable but not less than 35 calendar days following the filing of an election petition'' after ``election by secret ballot''; and (D) by adding at the end the following: ``Not earlier than 7 days after final determination by the Board of the appropriate bargaining unit, the Board shall acquire from the employer a list of all eligible voters to be made available to all parties, which shall include the employee names, and one additional form of personal employee contact information (such as telephone number, email address or mailing address) chosen by the employee in writing.''. Passed the House of Representatives November 30, 2011. Attest: KAREN L. HAAS, Clerk. | Workforce Democracy and Fairness Act - Amends the National Labor Relations Act (NLRA) to revise requirements for determination by the National Labor Relation Board (NLRB) of an appropriate bargaining unit before an election of collective bargaining representation. (In effect reverses the NLRB's August 26, 2011, decision in Specialty Healthcare and Rehabilitation of Mobile and its June 22, 2011, rulemaking regarding proposed changes to procedures involving the election of collective bargaining representation.) Replaces the current restriction in the meaning of collective bargaining unit to employer unit, craft unit, plant unit, or subdivision. Requires the NLRB, instead, to determine a unit as appropriate for collective bargaining if it consists of employees that share a sufficient community of interest. Specifies factors the NLRB must consider when making such determinations. Prohibits exclusion of employees from the unit unless the group's interest are sufficiently distinct from those of other employees to warrant the establishment of a separate unit. Requires the NLRB, upon due notice, to provide a hearing at least 14 days after the filing of an election petition for collective bargaining representation to investigate those petitions the NLRB has reasonable cause to believe have a question of representation affecting commerce. Requires such hearings be non-adversarial. Requires the NLRB to: (1) direct an election by secret ballot as soon as practicable, but in any event not before 35 calendar days following the filing of an election petition, in cases where a question of representation exists; and (2) acquire, at least 7 days after its final determination of the appropriate bargaining unit, a list of all eligible voters (including certain informational data) from the employer and make it available to all parties. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Audit U.S. Departments to Insulate Taxpayers Act of 2015'' or the ``AUDIT Act''. SEC. 2. GAO REPORT REQUIRED. (a) GAO Report.--Not later than 90 days after the date of the enactment of this Act, and annually thereafter, the Comptroller General shall submit to Congress the report required by section 21 of title II of Public Law 111-139 (124 Stat. 29; 31 U.S.C. 712 Note), including a legislative proposal that implements the recommendations. (b) Introduction of Legislative Recommendations.-- (1) In general.--Not later than 30 days after the date on which the report is submitted under subsection (a), a legislative proposal based on the report shall be introduced in the Senate by the chair or ranking minority member of the Homeland Security and Governmental Affairs Committee of the Senate and shall be introduced in the House of Representatives by the chair or ranking minority member of the Oversight and Government Reform Committee of the House of Representatives. (2) Not in session.--If either House is not in session on the day on which such legislative proposal is submitted, the legislative proposal shall be introduced in that House, as provided in paragraph (1), on the first day thereafter on which that House is in session. (3) Introduction by member.--If the legislative proposal is not introduced in either House within 5 days on which that House is in session after the day on which the legislative proposal is submitted, then any Member of that House may introduce the legislative proposal. (4) Referral.--The legislation introduced under this subsection in the House of Representatives shall be referred to the Committee on Oversight and Government Reform of the House of Representatives. The legislation introduced under this subsection in the Senate shall be referred to the Committee on Homeland Security and Governmental Affairs of the Senate. (c) Hearings Required.--After the date on which the legislative proposal is introduced in the House of Representatives and the Senate, the chair of the Committee on Oversight and Government Reform of the House of Representatives and the chair of the Committee on Homeland Security and Governmental Affairs of the Senate shall hold hearings to provide a representative of the relevant agency the opportunity to testify regarding the merits of the programs described in the legislative proposal. (d) Discharge.--If the committee to which a legislative proposal described in subsection (a) is referred has not reported the bill containing such proposal by the end of the 60-day period beginning on the date on which the report is submitted under subsection (a), such committee shall be, at the end of such period, discharged from further consideration of such bill, and such bill shall be placed on the appropriate calendar of the House involved. In calculating the 60-day period, days on which either House is not in session because of an adjournment of more than 3 days to a date certain shall not be counted. (e) Expedited Consideration.-- (1) Consideration.--On or after the third day after the date on which the committee to which such a bill is referred has reported, or has been discharged (under subsection (d)) from further consideration of, such a bill, it is in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the bill. A member may make the motion only on the legislative day after the day on which the Member announces to the House concerned the Member's intention to make the motion, except that, in the case of the House of Representatives, the motion may be made without such prior announcement if the motion is made by direction of the committee to which the bill was referred. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the bill is agreed to, the respective House shall immediately proceed to consideration of the bill without intervening motion, order, or other business, and the bill shall remain the unfinished business of the respective House until disposed of. (2) Debate.--Debate on the bill, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 4 hours in the House of Representatives and 10 hours in the Senate, which shall be divided equally between those favoring and those opposing the bill. A motion further to limit debate is in order and not debatable. A motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the bill is not in order. A motion to reconsider the vote by which the bill is agreed to or disagreed to is not in order. (3) Vote on final passage.--Immediately following the conclusion of the debate on the bill and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the bill shall occur. (4) Appeals.--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 the bill shall be decided without debate. (f) Exercise of Rulemaking Powers.--This section is enacted by the Congress-- (1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they shall be considered as part of the rules of each House, respectively, or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and (2) with full recognition of the constitutional right of either House to change such rules (so far as relating to such House) at any time, in the same manner, and to the same extent as in the case of any other rule of such House. (g) Definitions.--In this section, the term ``agency'' has the meaning given that term in section 551 of title 5, United States Code. | Audit U.S. Departments to Insulate Taxpayers Act of 2015 or the AUDIT Act This bill directs the Government Accountability Office (GAO) to submit to Congress within 90 days the required annual report identifying programs, agencies, offices, and initiatives with duplicative goals and activities. The report includes the cost of the duplication and recommendations for consolidation and elimination to reduce the duplication.The GAO must also include with the report a legislative proposal that implements the recommendations. The bill establishes expedited procedures for congressional consideration of legislation based on the report. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-Japan Export Development and Technological Competitiveness Act of 1994''. SEC. 2. FINDINGS. The Congress finds that-- (1) the United States trade deficit with Japan of more than $59,000,000,000 in 1993 and the worldwide Japanese current account surplus of more than $131,000,000,000 are but two measures of the unfair and chronically imbalanced state of Japan's international economic relations; (2) even more indicative of the closed nature of the Japanese market to foreign products are statistics detailing the marginal penetration of sales and investment in Japan by foreign companies, particularly when compared to the significant Japanese penetration of the United States market; (3) although Japan is the second largest market for manufactured goods in the industrialized world, in 1992, according to the Japanese Ministry of International Trade and Industry, only 1.2 percent of all sales and .9 percent of assets in the Japanese economy were attributable to foreign companies, with United States corporate affiliates accounting for roughly .7 percent of total product sales and approximately $89 per capita in inward direct investment; (4) in contrast, in 1992 foreign corporate affiliates accounted for almost 17 percent of all sales and 20 percent of all assets in the United States economy, with an estimated 4.8 percent of total product sales and $594 per capita in accumulated inward direct investment in the United States coming from Japanese corporate affiliates, so that Japanese corporate affiliates have a net sales and investment penetration level in the United States that exceeds, by almost 7-fold on a per capita basis, that of United States corporate affiliates in Japan; (5) the majority of the blame for this highly unbalanced situation rests with the Government of Japan, which has striven through an intricate mixture of tariffs, controls, and domestic regulations on the flow of goods and capital to, from, and within Japan to keep foreign and Japanese entrepreneurs desiring to do business in Japan from succeeding; (6) today the market regulatory and interventionary policies of the Japanese Government that intentionally or unintentionally serve to keep foreign companies from doing business in Japan must be removed to maintain the strength of the United States-Japan relationship and to improve the growth of the world economy; (7) United States trade and trade promotion policies toward Japan must also change to reflect post-Cold War priorities of export expansion and technological competitiveness, the central objective of which is to help United States companies become as vital a part of the Japanese industrial system as Japanese companies have become in the United States; (8) one proven effective way in which the United States Government can assist United States industry in overcoming barriers to access in Japan, improve awareness of scientific and technological developments in Japan, and facilitate greater coordination between United States industry and the United States Government in the making of trade and technology policy is to promote the establishment of United States industrial and service sector association representative offices in Japan; (9) despite the very large potential for sales in Japan of goods manufactured in the United States, because of the great cost of establishing representative operations in Japan, only 3 nonagricultural United States industry associations have created full-time offices in Japan (the auto parts, electronics, and semiconductor industries) and all have relied on the partial support of funding under the Market Development Cooperator Program established under the Export Enhancement Act of 1988; and (10) the expedient expansion of the Market Development Cooperator Program will have a significant impact on facilitating greater United States exports to Japan and on enhancing the awareness by United States industry of competitive developments and opportunities in the Japanese market. TITLE I--MARKET DEVELOPMENT COOPERATOR PROGRAM SEC. 101. EXPANSION OF THE MARKET DEVELOPMENT COOPERATOR PROGRAM IN JAPAN. (a) Authorization of Appropriations.--In addition to funds otherwise available for such purpose, there are authorized to be appropriated to the Department of Commerce for fiscal year 1995, $3,000,000-- (1) to increase the number of United States manufacturing and service sector industry associations in Japan participating in the Market Development Cooperator Program established under section 2303 of the Export Enhancement Act of 1988 (15 U.S.C. 4723); and (2) to expand the trade promotion, technological monitoring, and industry analysis activities undertaken before the enactment of this Act by United States nonprofit manufacturing and service trade associations in Japan. (b) Reports on the Program.--Section 2303 of the Export Enhancement Act of 1988 (15 U.S.C. 4723) is amended by adding at the end the following: ``(e) Reports to Congress.--The Secretary of Commerce shall report annually to the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and to the Committee on Banking, Housing, and Urban Affairs and the Committee on Appropriations of the Senate on the progress the Department of Commerce has made in implementing the Market Development Cooperator Program and in allocating funding to cooperator recipients in Japan.''. TITLE II--UNITED STATES EXPORT DEVELOPMENT AND TECHNOLOGY CENTER IN JAPAN SEC. 201. SENSE OF CONGRESS. (a) United States Trade Relations With Japan.--It is the sense of the Congress that-- (1) in this post-Cold War era, promotion of equitable economic relations with all trading partners and in particular Japan must be given increased emphasis in the conduct of United States foreign policy; (2) working closely with industry, the United States Government should endeavor to ensure that United States-owned and operated companies are positioned adequately to take advantage of opportunities for market entry and expansion in Japan; (3) technological developments in Japan should be followed closely and analyzed for their ramifications on United States industrial competitiveness and economic security; (4) the United States Government should be in a better position to support United States industry in disputes with the Japanese Government and Japanese businesses and to publicize the merits of United States products to the Japanese people; and (5) an Export Development and Technology Center established in Tokyo would assist in accomplishing the goals set forth in paragraphs (1) through (4) and could serve as a cornerstone of a new United States constructive response to the Japanese economic challenge. (b) Purpose of Export Development and Technology Center.--It is further the sense of the Congress that an Export Development and Technology Center in Tokyo, Japan, should-- (1) embody a new United States Government-industry partnership in expanding United States corporate penetration of the Japanese market and in monitoring, analyzing, and coordinating responses to Japanese scientific and technological developments; (2) provide a wide range of information to Japanese consumers on the high costs of the Japanese standard of living as compared to other industrialized nations, as well as on the benefits to Japanese consumers of a more open, deregulated, and transparent economy; (3) correct misperceptions of United States products in the Japanese media and publicize the negative impact of excessive economic regulation by the Japanese Government on importers and Japanese entrepreneurs; (4) serve to create jobs in the United States and enhance the competitiveness of the United States industrial base; (5) help United States industries help themselves in the provision of detailed knowledge and analysis of the Japanese market and facilitate the promotion of their respective concerns and interests to the Japanese Government, business community, and public; (6) improve the ability of the United States Government to monitor Japanese scientific and technological developments related to United States industrial competitiveness and national security and centralize current efforts where desirable; (7) ensure that a common United States Government and business community interest in increasing access for United States made products to the Japanese market is visibly and forthrightly promoted directly in Japan; (8) contain offices for export-oriented United States sectoral industry associations; (9) contain a Government-operated science and technology information and assessment facility designed to-- (A) centralize United States Government data collection and analysis of sectoral, subsectoral, and macro-trend developments in Japanese science and technology; and (B) ensure that science and technological developments in Japan are monitored closely, formally assessed for their implications to United States industrial competitiveness, thoroughly catalogued, and made available on-line in computerized form to United States businesses; and (10) provide office facilities for a portion of the foreign office of the United States and Foreign Commercial Service in Japan. SEC. 202. FEASIBILITY STUDY ON THE ESTABLISHMENT OF A UNITED STATES TRADE DEVELOPMENT AND TECHNOLOGY CENTER. (a) Study.--The Secretary of Commerce shall conduct a study of the feasibility and viability of establishing a United States Government- owned and operated Export Development and Technology Center in Tokyo, Japan, as described in section 201(b). (b) Report.--The Secretary shall, not later than 180 days after the date of the enactment of this Act, submit a report on the study conducted under subsection (a) to the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and to the Committee on Banking, Housing, and Urban Affairs and the Committee on Appropriations of the Senate. (c) Solicitation of Views.--In conducting the study under subsection (a), the Secretary of Commerce shall solicit the views of the following individuals and groups regarding the desirability, viability, and potential use of the proposed center: (1) The Secretary of State, the Chairman of the National Economic Council, the United States Trade Representative, the Secretary of Defense, the Director of Central Intelligence, the President of the National Science Foundation, and the head of any other entity controlled or funded by the Government that the Secretary of Commerce considers has relevant interests in the establishment of an export development and technology center in Japan. (2) The Government of Japan. (3) United States sectoral and multi-industry national trade associations. (4) Any other individuals, groups, or entities, public or private, whose opinion the Secretary considers to be valuable in conducting the study. (d) Requirements for Report.--The report on the study shall include an analysis of at least the following: (1) The potential usefulness and desirability of the center from the perspective of United States industry (as expressed to the Secretary) and the United States Government. (2) The possibility of expanding the Market Development Cooperator Program of the Department of Commerce to extend financial support to industry association participants in the Center to help alleviate the costs of such participation. (3) The possibility of requiring United States industry participants in the center to engage in-- (A) promoting United States goods and services among potential Japanese buyers; and (B) monitoring, analyzing, and reporting on trade and technological developments in Japanese industry, and making such reports and the results of such monitoring and analysis available to the United States Government and the United States private sector. (4) The possibility of requiring all industry advisory staff at the center to possess significant recent expertise in Japanese business and technology affairs. (5) The possibility of requiring all industry representative offices at the center to have at least one senior staff member functionally fluent in Japanese language. (6) The possibility of requiring all nonclerical personnel to be United States citizens. (7) The three best possible locations for the center (ranked in order of desirability), and the possibility of requiring that the primary building contractor of the center be a United States-owned construction firm licensed to do business in Japan. (8) The possible management and oversight structure of the center, including the possibility of having private sector management and oversight with United States Government participation. (9) The total cost of the center, the possible cost to the United States Government, and any cost-sharing or cost-saving arrangements among private sector and Government participants. (10) The concurrent establishment of a liaison facility in Washington, DC, and the prospective requirements of such a facility. (11) The prospective architectural design of the center. (12) The prospective design, construction, and operational costs of the center. (13) The possibility of the center containing-- (A) conference rooms and a small auditorium (80-100 persons) for conducting seminars and promotional events; and (B) a reference center and small library to provide support services to building participants and interested United States citizens. (14) The security requirements of the center and possible problems with compliance to United States Government laws, rules, and regulations on security of government facilities. | TABLE OF CONTENTS: Title I: Market Development Cooperator Program Title II: United States Export Development and Technology Center in Japan United States-Japan Export Development and Technological Competitiveness Act of 1994 - Title I: Market Development Coooperator Program - Authorizes appropriations to the Department of Commerce for FY 1995 to: (1) increase the number of U.S. manufacturing and service sector industry associations in Japan participating in the Market Development Cooperator Program (MDCP); and (2) expand the existing trade promotion, technological monitoring, and industry analysis activities by U.S. nonprofit manufacturing and service trade associations there. Amends the Export Enhancement Act of 1988 to require the Secretary of Commerce (Secretary) to report annually to specified congressional committees on the progress the Department of Commerce has made in implementing the MDCP and in allocating funding to cooperator recipients in Japan. Title II: United States Export Development and Technology Center in Japan - Expresses the sense of the Congress with respect to the establishment of an Export Development and Technology Center in Tokyo, Japan. (Sec. 202) Requires the Secretary to study and report to specified congressional committees on the feasibility of establishing such center. |
SECTION 1. SHORT TITLE; AMENDMENT TO 1986 CODE; COORDINATION WITH TAXPAYER RELIEF ACT OF 1997. (a) Short Title.--This Act may be cited as the ``Affordable Education Act''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) Coordination With Taxpayer Relief Act of 1997.--Any reference in this Act to any section of the Internal Revenue Code of 1986 amended or added by the Taxpayer Relief Act of 1997 shall be a reference to such section as so amended or added. SEC. 2. EXCLUSION FROM GROSS INCOME OF EDUCATION DISTRIBUTIONS FROM QUALIFIED TUITION PROGRAMS; COVERAGE OF PRIVATE PROGRAMS. (a) Exclusion.-- (1) In general.--Subparagraph (B) of section 529(c)(3) (relating to distributions) is amended to read as follows: ``(B) Distributions for qualified higher education expenses.--If a distributee elects the application of this subparagraph for any taxable year-- ``(i) no amount shall be includible in gross income by reason of a distribution which consists of providing a benefit to the distributee which, if paid for by the distributee, would constitute payment of a qualified higher education expense, and ``(ii) the amount which (but for the election) would be includible in gross income by reason of any other distribution shall not be so includible in an amount which bears the same ratio to the amount which would be so includible as the amount of the qualified higher education expenses of the distributee bears to the amount of the distribution.''. (2) Additional tax on amounts not used for higher education expenses.--Section 529 is amended by adding at the end the following new subsection: ``(f) Additional Tax for Distributions Not Used for Educational Expenses.-- ``(1) In general.--The tax imposed by section 530(d)(4) shall apply to payments and distributions from qualified tuition programs in the same manner as such tax applies to education individual retirement accounts except that section 529(f) shall be applied by reference to qualified higher education expenses. ``(2) Excess contributions returned before due date of return.--Subparagraph (A) shall not apply to the distribution to a contributor of any contribution paid during a taxable year to a qualified tuition program to the extent that such contribution exceeds the limitation in section 4973(e) if such distribution (and the net income with respect to such excess contribution) meet requirements comparable to the requirements of section 530(d)(4)(C).'' (3) Coordination with education credits.--Section 25A(e)(2) is amended by inserting ``529(c)(3)(B) or'' before ``530(d)(2)''. (4) Effective date.--The amendments made by this subsection shall apply to distributions after December 31, 1997, for education furnished in academic periods beginning after such date. (b) Eligible Educational Institutions Permitted To Maintain Qualified Tuition Programs.-- (1) In general.--Paragraph (1) of section 529(b) (defining qualified State tuition program) is amended by inserting ``or by one or more eligible educational institutions'' after ``maintained by a State or agency or instrumentality thereof''. (2) Limitation on contributions to qualified tuition programs not maintained by a state.--Subsection (b) of section 529 is amended by adding at the end the following new paragraph: ``(9) Limitation on contributions to qualified tuition programs not maintained by a state.--In the case of a program not maintained by a State or agency or instrumentality thereof, such program shall not be treated as a qualified tuition program unless it limits the annual contribution to the program on behalf of a designated beneficiary to $2,000.''. (3) Tax on excess contributions.-- (A) In general.--Subsection (a) of section 4973 is amended by striking ``or'' at the end of paragraph (3), by redesignating paragraph (4) as paragraph (5), and by inserting after paragraph (3) the following new paragraph: ``(4) a qualified tuition program (as defined in section 529) not maintained by a State or any agency or instrumentality thereof, or''. (B) Excess contributions defined.--Section 4973(e) is amended to read as follows: ``(e) Excess Contributions to Private Qualified Tuition Program and Education Individual Retirement Accounts.--For purposes of this section-- ``(1) In general.--In the case of private education investment accounts maintained for the benefit of any 1 beneficiary, the term `excess contributions' means the amount by which the amount contributed for the taxable year to such accounts exceeds $2,000. ``(2) Private education investment account.--For purposes of paragraph (1), the term `private education investment account' means-- ``(A) a qualified tuition program (as defined in section 529) not maintained by a State or any agency or instrumentality thereof, and ``(B) an education individual retirement account (as defined in section 530). ``(3) Special rules.--For purposes of paragraph (1), the following contributions shall not be taken into account: ``(A) Any contribution which is distributed out of the education individual retirement account in a distribution to which section 530(d)(4)(C) applies. ``(B) Any contribution to a qualified tuition program (as so defined) described in section 530(b)(2)(B) from any such account. ``(C) Any rollover contribution.''. (4) Conforming amendments.-- (A) Paragraph (2) of section 26(b) is amended by redesignating subparagraphs (E) through (Q) as subparagraphs (F) through (R), respectively, and by inserting after subparagraph (D) the following new subparagraph: ``(E) section 529(f) (relating to additional tax on certain distributions from qualified tuition programs),''. (B) The text and headings of sections 529 and 530 are amended by striking ``qualified State tuition program'' each place it appears and inserting ``qualified tuition program''. (C)(i) The section heading of section 529 is amended to read as follows: ``SEC. 529. QUALIFIED TUITION PROGRAMS.''. (ii) The item relating to section 529 in the table of sections for part VIII of subchapter F of chapter 1 is amended by striking ``State''. (5) Effective date.--The amendments made by this subsection shall take effect on January 1, 1998. SEC. 3. EXTENSION OF EXCLUSION FOR EMPLOYER-PROVIDED EDUCATIONAL ASSISTANCE. (a) In General.--Section 127 (relating to educational assistance programs) is amended by striking subsection (d) and by redesignating subsection (e) as subsection (d). (b) Repeal of Limitation on Graduate Education.--The last sentence of section 127(c)(1) is amended by striking ``, and such term also does not include any payment for, or the provision of any benefits with respect to, any graduate level course of a kind normally taken by an individual pursuing a program leading to a law, business, medical, or other advanced academic or professional degree''. (c) Effective Dates.-- (1) Extension.--The amendments made by subsection (a) shall apply to taxable years beginning after December 31, 1996. (2) Graduate education.--The amendment made by subsection (b) shall apply with respect to expenses relating to courses beginning after December 31, 1996. SEC. 4. INCREASE IN CONTRIBUTION LIMIT TO EDUCATION INDIVIDUAL RETIREMENT ACCOUNTS; APPLICATION TO ELEMENTARY AND SECONDARY EDUCATION. (a) Increase in Maximum Annual Contributions.-- (1) In general.--Section 530(b)(1)(A)(iii) of the Internal Revenue Code of 1986 is amended by striking ``$500'' and inserting ``$2,000''. (2) Conforming amendments.-- (A) Section 530(d)(4)(C) of such Code is amended by striking ``$500'' and inserting ``$2,000''. (B) Section 4973(e)(1)(A) of such Code is amended by striking ``$500'' and inserting ``$2,000''. (b) Tax-Free Expenditures for Elementary and Secondary School Expenses.-- (1) In general.--Section 530(b)(2) of the Internal Revenue Code of 1986 is amended to read as follows: ``(2) Qualified education expenses.-- ``(A) In general.--The term `qualified education expenses' means-- ``(i) qualified higher education expenses (as defined in section 529(e)(3)), and ``(ii) in the case of taxable years beginning after December 31, 2000, qualified elementary and secondary education expenses (as defined in paragraph (4)). Such expenses shall be reduced as provided in section 25A(g)(2). ``(B) Qualified tuition programs.--Such term shall include amounts paid or incurred to purchase tuition credits or certificates, or to make contributions to an account, under a qualified tuition program (as defined in section 529(b)) for the benefit of the beneficiary of the account.'' (2) Qualified elementary and secondary education expenses.--Section 530(b) of such Code is amended by adding at the end the following new paragraph: ``(4) Qualified elementary and secondary education expenses.-- ``(A) In general.--The term `qualified elementary and secondary education expenses' means tuition, fees, tutoring, special needs services, books, supplies, equipment, transportation, and supplementary expenses required for the enrollment or attendance of the designated beneficiary of the trust at a public, private, or sectarian school. ``(B) Special rule for homeschooling.--Such term shall include expenses described in subparagraph (A) required for education provided for homeschooling if the requirements of any applicable State or local law are met with respect to such education. ``(C) School.--The term `school' means any school which provides elementary education or secondary education (through grade 12), as determined under State law.'' (3) Conforming amendments.--Subsections (b)(1) and (d)(2) of section 530 of such Code are each amended by striking ``higher'' each place it appears in the text and heading thereof. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1997. | Affordable Education Act - Amends the Internal Revenue Code (as revised by the Taxpayer Relief Act of 1997) to exclude from income distributions from qualified tuition programs used for qualifying higher education expenses. Includes within the definition of "qualified State tuition program" programs maintained by eligible educational institutions. Requires such non-State programs to limit annual contributions on behalf of a designated beneficiary to $2,000. Sets forth related excess contribution provisions. (Sec. 3) Makes the exclusion from gross income for employer-provided educational assistance permanent. Includes graduate education assistance within such exclusion. (Sec. 4) Increases the maximum annual contribution limit for education individual retirement accounts to $2,000. Includes specified elementary and secondary school expenses (including home schooling) within the definition of "qualified education expenses." |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Deficit Reduction Implementation Act''. SEC. 2. DEFINITION. In this Act, the term ``qualified bill'' means a bill in the House of Representatives or Senate that-- (1)(A) has not fewer than 6 sponsors who caucus with Democrats and 6 sponsors who caucus with Republicans in the Senate; or (B) has not fewer than 15 sponsors who caucus with Republicans and 15 sponsors who caucus with Democrats in the House; (2) states as it purpose to reduce the deficit by a goal of $4,000,000,000,000, but at least $1,500,000,000,000, over the period of fiscal years 2012 through 2021; and (3) specifies that the qualified bill is being introduced pursuant to this Act. SEC. 3. CONSIDERATION OF BIPARTISAN DEFICIT REDUCTION BILLS. (a) Introduction Deadline.--Not later than February 29, 2012, any Senator or Member of the House of Representatives may introduce a qualified bill that shall be considered as provided under subsection (c). (b) Referral of a Qualified Bill.-- (1) Senate.--In the Senate, a qualified bill introduced as provided by subsection (a) shall immediately be referred to the appropriate committee or committees of jurisdiction for review and reporting. (2) House.--In the House, a qualified bill introduced as provided by subsection (a) shall immediately be referred to the appropriate committee or the committees of jurisdiction for review and reporting. (3) CBO.-- (A) In general.--Not later than 48 hours after referral to committees, the bill shall be scored by CBO based on-- (i) current scoring guidelines; (ii) a continuation of policies in effect at the time the bill was introduced; and (iii) the National Commission on Fiscal Responsibility and Reform plausible baseline policy assumptions (referred to in this Act as the ``plausible baseline''). (B) Public availability.--For each bill, all 3 scores referred to in subparagraph (A) shall be printed in the Congressional Record and shall be available online. (c) Proceeding to the Qualified Bill.-- (1) Senate.--Not later than March 9, 2012, and notwithstanding rule XXII of the Standing Rules of the Senate, it shall be in order for any Senator to move to proceed to the consideration of a qualified bill (which shall have been discharged from committee if not reported under subsection (b)) which shall be considered as provided for a joint committee bill under subsections (c) and (d) of section 402 of the Budget Control Act of 2011 (2 U.S.C. 900 note) for the Senate, except that the date for reporting under subsection (c)(1) of such section and the date for the vote on passage under subsection (c)(5) of such section shall not apply to the qualified bill. (2) House.--Not later than March 9, 2012, it shall be in order for any Member of the House of Representatives to move to proceed to the consideration of a qualified bill (which shall have been discharged from committee if not reported under subsection (b)) which shall be considered as provided for a joint committee bill under subsections (b) and (d) of section 402 of the Budget Control Act of 2011 (2 U.S.C. 900 note) for the House of Representatives, except that the date for reporting under subsection (b)(1) of such section and the date for the vote on passage under subsection (b)(4) of such section shall not apply to the qualified bill. (3) CBO.--The House or the Senate may not proceed to a qualified bill under this subsection unless the scores required by subsection (b)(3) have been available in the Congressional Record and online for at least 72 hours. (d) Other Matters.-- (1) Consideration by the other house.--Section 402(e) of the Budget Control Act of 2011 (2 U.S.C. 900 note) shall apply to a qualified bill passed by the other House. (2) Multiple qualified bills.--If there is more than 1 qualifying bill, the qualifying bill will be the bill that achieves the most deficit reduction. If such bill fails to be enacted, succeeding bills may be qualifying bills and shall be considered in the order of the amount of deficit reduction achieved. (e) Vetoes.--If the President vetoes a qualified bill, debate on a veto message in the Senate or the House shall be one hour, equally divided between the majority and minority leader, or their designees. (f) Loss of Privilege.--This section shall cease to apply to a qualified bill if the qualified bill does not pass both Houses of Congress not later than March 30, 2012. SEC. 4. APPLICATION OF OTHER PROVISIONS OF BUDGET CONTROL ACT. (a) Debt Limit Increase.--A qualified bill that is enacted, and that achieves at least $1,500,000,000,000 in deficit reduction as certified by CBO either as measured by current scoring guidelines, against a continuation of policies in effect at the time the bill was introduced, or the plausible baseline shall be deemed to be a joint committee bill for purposes of section 3101A(a)(2)(A)(iii) of title 31, United States Code. (b) Sequestration.--A qualified bill that is enacted, and that achieves at least $1,500,000,000,000 in deficit reduction as certified by CBO either as measured by current scoring guidelines, against a continuation of policies in effect at the time the bill was introduced, or the plausible baseline shall cancel the discretionary spending limits listed under section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901a). SEC. 5. RULEMAKING. This Act is enacted by Congress-- (1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they shall be considered as part of the rules of each House, respectively, or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and (2) with full recognition of the constitutional right of either House to change such rules (so far as relating to such House) at any time, in the same manner, and to the same extent as in the case of any other rule of such House. | Deficit Reduction Implementation Act - Authorizes a Senator or Member of the House of Representatives, by February 29, 2012, to introduce a bipartisan deficit reduction bill that: (1) has a specified minimum number of sponsors in the Senate and in the House who caucus with Democrats and who caucus with Republicans; (2) states as its purpose to reduce the deficit by a goal of $4 trillion, but at least $1.5 trillion between FY2012-FY2021; and (3) specifies that it is being introduced pursuant to this Act. Prescribes legislative procedures for considering such a bill. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``State and Local Access to Fair Prescription Drug Prices Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.-- (1) The majority of States are facing their worst fiscal crisis since World War II. Soaring healthcare costs are deepening the crisis. Healthcare costs grew an average of 11 percent in 2002 and are expected to grow to 13 percent in fiscal year 2004. Healthcare spending currently accounts for approximately 30 percent of total State budgets. (2) As the economy continues to struggle, State revenues continue to fall dramatically while spending pressure has grown. Thirty-seven States reduced fiscal 2003 enacted budgets by nearly $14,500,000,000, the largest spending cut since 1979. (3) State drug expenditures for public employees, dependents and retirees, medicaid beneficiaries, and the uninsured are rising each year. As more Americans lose jobs and health care coverage for themselves and their dependents, States' share of medicaid costs grew by 13 percent in fiscal year 2002. This growth is expected to rise by an estimated 8 percent in fiscal year 2003 and 4.9 percent in fiscal year 2004 based on governors' fiscal 2004 budget proposals. (4) In February 2002, the National Governor's Association passed a resolution urging Congress to review Federal laws which may be contributing to the ``high cost of prescription drugs''. (5) Several States and localities are currently seeking to reimport drugs from Canada and other foreign countries in an attempt to lower prescription drug costs. (6) Foreign nations and Federally funded health care programs use purchasing power to obtain prescription drugs at low prices. States and localities are not legally allowed to reimport prescription drugs. This Act will provide an appropriate alternative by allowing states and localities to purchase prescription drugs domestically at prices roughly equivalent to those available in foreign nations and Federally funded health care programs. (7) Implementation of the policy set forth in this Act may reduce prices for brand name prescription drugs for many States and localities by up to 40 percent. (b) Purpose.--The purpose of this Act is to make prescription drugs available to States and local governments and residents thereof at prices that are substantially lower than current United States prices. SEC. 3. PARTICIPATING MANUFACTURERS. (a) Availability of Drugs for Purchase.-- (1) In general.--Each participating manufacturer of a covered outpatient drug shall make available for purchase in whole or in part by each State for the benefit of residents within the State whose cost of covered outpatient drugs are paid for by the State through a group health program, a retiree health program, a State or local pharmaceutical assistance program, or other similar program (including, to the extent provided under subsection (f)(2), a State medicaid program), such covered outpatient drug in the amount described in subsection (b) at the price described in subsection (c). (2) Direct purchases by agents.--The requirements of paragraph (1) shall apply in the case of purchases by an organization or agent of the State that directly purchases covered outpatient prescription drugs on behalf of the State, or on behalf of a county or municipality of such State, for residents described in such paragraph. (b) Description of Amount of Drugs.--The amount of a covered outpatient drug that a participating manufacturer shall make available for purchase by a State or local government (or agent thereof) is an amount equal to the aggregate amount of the covered outpatient drug sold or distributed to residents described in subsection (a) in that State. (c) Description of Price.-- (1) In general.--The price at which a participating manufacturer shall make a covered outpatient drug available for purchase by a pharmacy is a price no greater than the manufacturer's average foreign price. (2) Handling fee.--Nothing in this subsection shall be construed to prevent a pharmacy from assessing a reasonable (as determined by the Secretary in consultation with pharmacy stakeholders) handling fee in connection with the provision of covered outpatient prescription drugs to residents described in subsection (a)(1). (d) Enforcement.-- (1) In general.--The Secretary, any wholesaler or retailer in the United States, or any resident described in subsection (a)(1) that is aggrieved by a violation of this Act may bring a civil action in a United States district court against a manufacturer or other person that violates this Act for an order enjoining the violation and awarding damages in the amount that is equal to 3 times the amount of the value of the difference between-- (A) the price that the manufacturer or other person sold a covered outpatient prescription drug to the wholesaler, retailer, or individual; and (B) the manufacturer's average foreign price for the prescription drug. (2) Repeat violations.--The United States shall debar a manufacturer of drugs or biologicals that commits repeated violations of the provisions of this Act. (e) Application to Local Governments.--The provisions of this section shall apply with respect to the purchase of covered outpatient drugs by local governments if such purchase was made for the benefit of individuals within the jurisdiction of the local government whose cost of covered outpatient drugs are paid for by the local government (or agent thereof) through a group health program, a retiree health program, a local pharmaceutical assistance program, or other similar program, in the same manner as such provisions apply to States. (f) Relation to Medicaid Rebate Agreement.--A State, with respect to its provision of medical assistance for covered outpatient drugs under title XIX of the Social Security Act, may elect for a year (or other period specified by the Secretary) either of the following to apply (and such election shall apply to all such covered outpatient drugs under such title): (1) Continuation of rebate agreement.-- (A) In general.--The provisions of section 1927 of such Act (42 U.S.C. 1396r-8) shall continue to apply. (B) Disregard of manufacturer's average foreign price in determining best price under rebate agreement.--The price under subsection (c) at which a participating manufacturer makes a covered outpatient drug available under this Act shall be disregarded for purposes of determining the best price under a rebate agreement under such section 1927 of the Social Security Act. (2) Use of manufacturer's foreign price.--The provisions of such section do not apply and such drugs shall be made available for purposes of such title in the quantities under subsection (b) and at the prices specified under subsection (c). (g) Rule of Construction.--Nothing in this section shall be construed to prevent a State or local government from implementing programs that provide for the purchase and distribution of outpatient drugs at prices that are lower than the price provided for under subsection (c). SEC. 4. ADMINISTRATION. The Secretary shall issue such regulations as may be necessary to implement this Act within 180 days after the date of the enactment of this Act. SEC. 5. REPORTS TO CONGRESS REGARDING EFFECTIVENESS OF ACT. (a) In General.--Not later than 2 years after the date of the enactment of this Act, and annually thereafter, the Secretary shall report to the Congress regarding the effectiveness of this Act in-- (1) protecting States and local governments from drug price inflation, and (2) making prescription drugs available to State and local government employees, retirees, and beneficiaries at substantially reduced prices. (b) Consultation.--In preparing such reports, the Secretary shall consult with public health experts, affected industries, organizations representing consumers and older Americans, and other interested persons. (c) Recommendations.--The Secretary shall include in such reports any recommendations the Secretary considers appropriate for changes in this Act to further reduce the cost of covered outpatient drugs to States. SEC. 6. DEFINITIONS. In this Act: (1) Average foreign price.-- (A) In general.--The term ``average foreign price'' means, with respect to a covered outpatient drug, the average price that the manufacturer of the drug realizes on the sale of drugs with the same active ingredient or ingredients that are consumed in covered foreign nations, taking into account-- (i) any rebate, contract term or condition, or other arrangement (whether with the purchaser or other persons) that has the effect of reducing the amount realized by the manufacturer on the sale of the drugs; (ii) adjustments for any differences in dosage, formulation, or other relevant characteristics of the drugs; and (iii) any other contract or side agreement that has the effect of adjusting the effective price of the drug, including agreements to purchase non-drug products. (B) Exempt transactions.--The Secretary may, by regulation, exempt from the calculation of the average foreign price of a drug those prices realized by a manufacturer in transactions that are entered into for charitable purposes, for research purposes, or under other unusual circumstances, if the Secretary determines that the exemption is in the public interest and is consistent with the purposes of this Act. (2) Covered foreign nation.--The term ``covered foreign nation'' means Canada, France, Germany, Italy, Japan, and the United Kingdom. (3) Covered outpatient drug.--The term ``covered outpatient drug'' has the meaning given that term in section 1927(k)(2) of the Social Security Act (42 U.S.C. 1396r-8(k)(2)). (4) Debar.--The term ``debar'' means to exclude, pursuant to established administrative procedures, from Government contracting and subcontracting for a specified period of time commensurate with the seriousness of the failure or offense or the inadequacy of performance. (5) Participating manufacturer.--The term ``participating manufacturer'' means any manufacturer of drugs or biologicals that, on or after the date of the enactment of this Act, enters into a contract or agreement with the United States for the sale or distribution of covered outpatient drugs to the United States. (6) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 7. EFFECTIVE DATE. This Act shall apply on and after January 1, 2005, without regard to whether or not final regulations to carry out this Act have been promulgated by such date. | State and Local Access to Fair Prescription Drug Prices Act - Requires a participating manufacturer of a covered outpatient drug to make available for purchase by each State for the benefit of its residents whose cost of covered outpatient drugs is paid for by the State through a group health program, a retiree health program, a State or local pharmaceutical assistance program, or other similar program (including a State Medicaid program), such covered outpatient drug in an amount equal to the aggregate amount of a covered drug sold in a State at a price that is no greater than the manufacturer's average foreign price. (Makes such provision applicable to local governments under similar outpatient drug purchase arrangements.) Applies such requirement to direct purchases by State or local organizations or agents. Sets forth enforcement provisions, including manufacturer debarment for repeat violations. Permits a State, with respect to its provision of Medicaid assistance for covered outpatient drugs, to: (1) continue its Medicaid rebate agreement; or (2) disregard the manufacturer's average foreign price in determining the best price under a rebate agreement. Defines specified terms. |
SECTION 1. SHORT TITLE. This Act may be referred to as the ``Plain Regulations Act of 2013''. SEC. 2. PURPOSE. The purpose of this Act is to improve the effectiveness and accountability of Federal agencies to the public by promoting clear regulations that are easier for the Government to implement and for the public to comply with. SEC. 3. DEFINITIONS. In this Act: (1) Agency.--The term ``agency'' means an Executive agency, as that term is defined in section 105 of title 5, United States Code. (2) Regulation.--The term ``regulation'' means a rule, as that term is defined in section 551(4) of title 5, United States Code, that is issued by an agency. (3) Plain language.--The term ``plain language'' means language that is clear, concise, well-organized, minimizes cross references, and follows other best practices appropriate to the subject or field and intended audience. SEC. 4. RESPONSIBILITIES OF FEDERAL AGENCIES. (a) Preparation for Implementation of Plain Writing Requirements for Regulations.-- (1) In general.--Not later than 9 months after the date of the enactment of this Act, the head of each agency shall-- (A) designate one or more senior officials within the agency to oversee the agency implementation of this Act; (B) communicate the requirements of this Act to the employees of the agency; (C) train employees of the agency to use plain language in developing, writing, and implementing regulations; (D) establish a process for overseeing the ongoing compliance of the agency with the requirements of this Act; and (E) serve as an agency point-of-contact to receive and respond to public input on-- (i) agency implementation of this Act; and (ii) the agency reports required under section 6. (2) Persons designated.--Persons designated under paragraph (1)(A) or (1)(E) may be the same persons designated to carry out similar functions under the Plain Writing Act of 2010 (Public Law 111-272; 5 U.S.C. 301 note). (b) Requirement To Use Plain Language in New and Revised Regulations.--Not later than 12 months after the date of the enactment of this Act, each agency shall use plain language in accordance with the guidance issued by the Director of the Office of Management and Budget under the Plain Writing Act of 2010 (Public Law 111-274; 5 U.S.C. 301 note) in all new and substantially revised proposed and final regulations issued by the agency. (c) Certification of Compliance.--For each proposed or final regulation of an agency, the head of the agency or a person designated under subsection (a)(1) shall certify to the Director that the agency head has read the text of the proposed or final regulation and that it is in plain language. (d) Exemption From Certain Information Collection Provisions.-- Agency actions to collect information from the public about a regulation are exempt from the information collection provisions of sections 3506(c) and 3507 of title 44, United States Code, if the agency head certifies that the sole reason for the information collection is to improve the clarity of the regulation under the requirements of this Act. SEC. 5. RESPONSIBILITIES OF OFFICE OF MANAGEMENT AND BUDGET. (a) Return of Regulations.--If the Director finds that the agency did not follow the guidance issued by the Director under the Plain Writing Act of 2010 (Public Law 111-274; 5 U.S.C. 301 note) on any proposed or final regulation issued by an agency, the Director shall return the regulation to the agency to be redrafted in plain language and resubmitted to the Director for approval. (b) Publication of Certifications.--The Director shall publish the certifications from agency heads required under section 4(c) on the official Web site of the Office of Management and Budget. SEC. 6. REPORTS. (a) Initial Report.--Not later than 9 months after the date of the enactment of this Act, the head of each agency shall publish on the plain writing section of the agency's Web site created under the Plain Writing Act of 2010 (Public Law 111-274; 5 U.S.C. 301 note) a report that describes the agency plan for compliance with the requirements of this Act. (b) Annual Compliance Report.--Not later than 18 months after the date of the enactment of this Act, and annually thereafter, the head of each agency shall publish on such plain writing section of the agency's Web site a report on agency compliance with the requirements of this Act. SEC. 7. JUDICIAL REVIEW AND ENFORCEABILITY. (a) Judicial Review.--No court shall have jurisdiction to review compliance or noncompliance with any provision of this Act. (b) Enforceability.--No provision of this Act shall be construed to create any right or benefit, substantive or procedural, enforceable by any administrative or judicial action. | Plain Regulations Act of 2013 - Requires the head of each executive agency to: (1) implement a program for using plain language in writing new and revised regulations, and (2) certify to the Director of the Office of Management and Budget (OMB) that each proposed or final rule is in plain language. Requires the Director to: (1) publish agency certifications of compliance with plain language requirements on OMB's website, and (2) return proposed agency regulations that fail to meet such requirements to be redrafted and resubmitted for approval. Denies jurisdiction to any court to review compliance or noncompliance with any provision of this Act. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Restoring Safety to Indian Women Act''. SEC. 2. FINDINGS. Congress finds that-- (1) national studies indicate that Indian women experience domestic and sexual assaults at a far greater rate than other groups of women in the national population; (2) there is relatively little data on the rate of domestic violence perpetrated upon Indian women in Indian country or the costs associated with responding to acts of domestic violence in Indian country; (3) Indian tribes have criminal jurisdiction to prosecute Indians who commit violations of tribal law; (4) the Federal Government has jurisdiction to prosecute specific enumerated crimes that arise in Indian country under section 1153 of title 18, United States Code (commonly known as the Major Crimes Act); (5) the Major Crimes Act does not include provisions to provide Federal prosecutors the ability to prosecute domestic violence assaults unless they rise to the level of serious bodily injury or death; (6) national studies conducted by law enforcement organizations show that domestic violence disturbance calls are the most dangerous situations and pose the highest risk to responding law enforcement officers; (7) the limited arrest authority of the Bureau of Indian Affairs and Indian tribal law enforcement agencies impacts the ability of law enforcement to properly respond to acts of domestic violence; and (8) Federal and tribal prosecutors and law enforcement services are hampered in their efforts to address domestic violence by the lack of available criminal history information for tribal ordinance offenders. SEC. 3. PURPOSES. The purposes of this Act are as follows: (1) To obtain data on the rates of domestic violence perpetrated upon Indian women in Indian country. (2) To close existing gaps in Federal criminal laws to enable Federal, State, and tribal law enforcement, prosecution agencies, and courts to address incidents of domestic violence. (3) To address the public safety concerns experienced by tribal police officers that arise in responding to incidents of domestic violence. (4) To prevent the serious injury or death of Indian women subject to domestic violence. SEC. 4. DEFINITIONS. In this Act: (1) Attorney general.--The term ``Attorney General'' means the Attorney General of the United States. (2) Secretary.--The term ``Secretary'' means the Secretary of the Department of the Interior. (3) Indian tribe.--The term ``Indian Tribe'' has the same meaning as in section 4 of the Indian Self-determination and Education Assistance Act (25 U.S.C. 450b). SEC. 5. DOMESTIC VIOLENCE HABITUAL OFFENDER. Chapter 7 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 117. Domestic assault by a habitual offender ``(a) Any person who commits a domestic assault within the special maritime and territorial jurisdiction of the United States or Indian country and who has a final conviction on at least two separate prior occasions in Federal, State, or Indian tribal court proceedings for offenses that would be, if subject to Federal jurisdiction-- ``(1) any assault, sexual abuse, or serious violent felony against a spouse or intimate partner; or ``(2) an offense under chapter 110A, shall be fined under this title, imprisoned for a term of not more than 5 years, or both, except that if substantial bodily injury results from a violation under this section, the offender shall be imprisoned for a term of not more than 10 years. ``(b) For purposes of this section-- ``(1) the term `domestic assault' means an assault committed by a current or former spouse, parent, child, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, parent, child, or guardian, or by a person similarly situated to a spouse, parent, child, or guardian of the victim; ``(2) the term `final conviction' means the final judgment on a verdict of finding of guilty, a plea of guilty, or a plea of nolo contendere, but does not include a final judgment which has been expunged by pardon, reversed, set aside, or otherwise rendered void; ``(3) the term `order of protection' has the meaning given to such term by section 2265(b); ``(4) the term `serious violent felony' has the meaning given to such term by section 3559(c)(2)(F); ``(5) the term `State' has the meaning given to such term by section 3559(c)(2)G); ``(6) the term `substantial bodily injury' has the meaning given to such term by section 113(b)(1); and ``(7) the term `sexual abuse' has the meaning given to such term by section 2242.''. SEC. 6. ENHANCED ARREST AUTHORITY. Section 4 of the Indian Law Enforcement Reform Act (25 U.S.C. 2803) is amended-- (1) in paragraph (2)(A), by striking ``, or'' and inserting ``; or''; and (2) in paragraph (3)-- (A) in subparagraph (A), by striking ``, or'' and inserting a semi-colon; (B) in subparagraph (B), by adding ``or'' at the end; and (C) by adding at the end the following: ``(C)(i) the offense is a misdemeanor offense of domestic violence (as defined in section 117 of title 18, United States Code); and ``(ii) the employee has reasonable grounds to believe that the person to be arrested has committed, or is committing, the offense;''. SEC. 7. CRIMINAL RECORDS DATABASE PILOT PROJECT. (a) In General.--The Attorney General shall make grants available pursuant to section 2001(b) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg(b)) to Indian tribes for the development of tribal criminal history databases to document final convictions of tribal domestic violence court adjudications, orders of protection, stay away orders, and such other domestic violence criminal history. (b) Requirements.--A database developed under subsection (a) shall include-- (1) final convictions by a tribal court order; (2) orders of protection that are currently in effect and meet the requirements of section 2265(b) of title 18, United States Code; (3) a means to provide tribal, Federal, and State law enforcement agencies with access to the information in the database; and (4) safeguards to prevent the dissemination of the information contained therein for other than a criminal justice or law enforcement purpose. SEC. 8. STUDY OF DOMESTIC VIOLENCE IN INDIAN COUNTRY. (a) In General.--The Attorney General, in consultation with the Secretary, the Director of the Indian Health Service, and Indian tribes, shall conduct a study on the incidents of domestic violence in Indian country. (b) Contents.--The study conducted under subsection (a) shall-- (1) determine the extent of domestic violence in Indian country and its causes; and (2) identify obstacles to-- (A) the prevention of incidents of domestic violence; (B) the appropriate response to incidents of domestic violence; (C) adequate treatment for victims of domestic violence; and (D) criminal prosecution of domestic violence offenders. (c) Report .--Not later than 1 year after the date of enactment of this Act, the Attorney General shall transmit to Congress a report regarding the study conducted under this section. This report shall include recommendations, including legislative recommendations, to address domestic violence in Indian country. (d) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section. SEC. 9. CONFORMING AMENDMENTS. Section 2001(b) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg(b)) is amended-- (1) in paragraph (10), by striking ``and'' after the semicolon; (2) in paragraph (11), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(12) to develop tribal domestic violence criminal history databases for use by Indian tribal courts and tribal, State, and Federal law enforcement officers engaged in a law enforcement function''. | Restoring Safety to Indian Women Act - Amends the Federal criminal code to cover domestic assault by a habitual offender in Indian country. Amends the Indian Law Enforcement Reform Act to cover a misdemeanor offense of domestic violence involving Indians, including domestic assault against unmarried intimate partners. Directs the Attorney General to: (1) make pilot project grants for the development of tribal criminal history databases; and (2) study and report to Congress on the incidents of domestic violence in Indian country. |
SECTION 1. AMENDMENTS RELATING TO STATUTORY LICENSE FOR SATELLITE CARRIERS. Section 119 of title 17, United States Code, is amended as follows: (1) Subsection (a)(2)(C) is amended-- (A) in clause (i)-- (i) in the heading, by inserting ``commercial'' after ``single''; (ii) by inserting ``commercial'' after ``a single''; and (iii) by striking ``(47 CFR 76.51)'' and inserting ``(section 76.51 of title 47, Code of Federal Regulations)''; (B) in clause (ii), by striking ``47 of the Code'' and inserting ``47, Code''; (C) in clause (iii), by striking ``if the satellite carrier'' and inserting ``if a satellite carrier or cable system''; and (D) in clause (iv)(II), by inserting ``U.S. Television Household Estimates by'' after ``according to''. (2) Subsection (a)(2)(B)(i) is amended in the last sentence by striking ``under paragraph (3)'' and inserting ``authorized under paragraph (3)''. (3) Subsection (a)(3) is amended-- (A) in subparagraph (A), by striking ``Commission, to be'' and all that follows through the end and inserting ``Commission to be significantly viewed, as defined in section 76.5 of title 47, Code of Federal Regulations, as in effect on April 15, 1976.''; and (B) in subparagraph (C)(i) in the last sentence, by inserting ``otherwise'' after ``specifically stated''. (4) Subsection (a)(4)(E) is amended to read as follows: ``(E) Other provisions not affected.--Subparagraphs (A), (B), and (C) shall not affect the applicability of the statutory license to secondary transmissions authorized under paragraphs (3) and (12).''. (5) Subsection (a)(4)(F) is amended-- (A) in the first sentence, by striking ``(C) or (D)'' and inserting ``(A) or (B)''; and (B) in the last sentence, by inserting ``otherwise'' after ``specifically stated''. (6) Subsection (a)(14) is amended in the last sentence, by inserting ``otherwise'' after ``specifically stated''. (7) Subsection (c)(1) is amended-- (A) in subparagraph (B)-- (i) by inserting ``notice'' after ``shall cause''; (ii) by inserting ``and distributors'' after ``paid by satellite carriers''; and (iii) by striking ``analog transmission'' and inserting ``analog transmissions''; (B) in subparagraph (C) in the second sentence-- (i) by striking ``distributors and copyright'' and inserting ``distributors, and copyright''; and (ii) by striking ``royalty fee'' and inserting ``royalty fees''; (C) in subparagraph (D)-- (i) in clause (i), by striking ``that a parties thereto'' and inserting ``that are parties thereto''; and (ii) in clause (ii)(I), by striking ``subparagraph (E)'' and inserting ``subparagraph (F)''; and (D) in subparagraph (F)-- (i) in clause (i)-- (I) by striking ``royalty fee'' and all that follows through ``distributors'' and inserting ``royalty fees to be paid by satellite carriers and distributors for the secondary transmission of the primary analog transmissions of network stations and superstations under subsection (b)(1)(B)''; and (II) in the last sentence, by striking ``arbitrary'' and inserting ``arbitration''; (ii) in clause (ii), by striking ``fair market value of secondary transmissions'' and inserting ``fair market value of such secondary transmissions''; (iii) in clause (iii)-- (I) in subclause (I), by striking ``2004;'' and inserting ``2004,''; and (II) by striking all that follows subclause (I) and inserting the following: ``(II) is made by the Librarian under section 802(f) as in effect on the day before such date of enactment, shall be effective as of January 1, 2005.''; and (iv) in clause (iv)-- (I) by striking ``(iii)'' and inserting ``clause (iii)''; and (II) by striking ``distributors and copyright owners,'' and inserting ``distributors, and copyright owners''. (8) Subsection (c)(2) is amended-- (A) in subparagraph (A), by striking ``section 298.3(b)(1)'' and inserting ``section 258.3(b)(1)''; and (B) in subparagraph (C), by striking ``accordance with to'' and inserting ``accordance with''. (9) Subsection (a)(15)(A) is amended by striking the comma after ``television station''. (10) Subsection (a)(16)(B) is amended by inserting a comma after ``Alaska if''. (11) Subsection (d)(12) is amended by striking ``low power television as defined'' and inserting ``low power television station as defined''. | Makes technical corrections to satellite distant signal compulsory copyright license provisions (copyright law regarding secondary transmissions of superstations and network stations for private home viewing). |
SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Animal Identification Plan Implementation Act''. SEC. 2. ANIMAL IDENTIFICATION PLAN. Section 10411 of the Animal Health Protection Act (7 U.S.C. 8310) is amended by adding at the end the following: ``(f) Animal Identification Plan.-- ``(1) Definition of animal identification plan.-- ``(A) In general.--The term `animal identification plan' means the United States Animal Identification Plan developed by the National Animal Identification Development Team. ``(B) Inclusions.--The term `animal identification plan' includes-- ``(i) the operational premises identification allocation system; ``(ii) the operational certification system able to certify State premises and animal number allocation systems; ``(iii) the operational premises repository; and ``(iv) the operational identification database. ``(2) Implementation priority.--Subject to the availability of appropriations and cost-share agreements, the Secretary shall implement the animal identification plan-- ``(A) for beef and dairy cattle that are at least 30 months old on the date of enactment of this subsection, not later than 60 days after the date of enactment of this subsection; ``(B) for all other beef and dairy cattle, not later than 90 days after the date of the enactment of this subsection; ``(C) for all other ruminate livestock, not later than 180 days after the date of enactment of this subsection; and ``(D) for all other livestock, not later than 1 year after the date of enactment of this subsection. ``(3) Participation by state and third-party vendors.--The Secretary may enter into agreements to collect information for the animal identification plan with States or third-party vendors that meet the requirements of the animal identification plan. ``(4) Confidentiality of information.-- ``(A) In general.--In implementing the animal identification plan, the Secretary shall ensure the privacy of producers by-- ``(i) collecting only data necessary to establish and maintain the animal identification plan; and ``(ii) maintaining the confidentiality of information collected from producers. ``(B) Nonapplication of foia.--Section 552 of title 5, United States Code, shall not apply to the animal identification plan. ``(C) Application of privacy act.--Section 552a of title 5, United States Code, shall apply to any information collected to implement this subsection. ``(5) Financial assistance.--The Secretary may provide financial assistance to producers to assist the producers in complying with the animal identification plan. ``(6) Authorization of appropriations.-- ``(A) In general.--There is authorized to be appropriated to carry out this subsection $50,000,000 for fiscal year 2004, of which at least $25,000,000 shall be available to carry out paragraph (5). ``(B) Use of commodity credit corporation funds.-- Subject to subparagraph (C), if less than $50,000,000 is appropriated for fiscal year 2004, the Secretary may use up to $50,000,000 of the funds of the Commodity Credit Corporation to carry out this subsection. ``(C) Limitation on amount of funds.--No more than $50,000,000 may be used to carry out this subsection.''. SEC. 3. RUMINANT FEED BAN. (a) In General.--The Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall-- (1) monitor the implementation of section 589.2000 of title 21, Code of Federal Regulations (relating to animal proteins prohibited in ruminant feed); (2) conduct an annual formal evaluation of the effectiveness and implementation of that section; and (3) submit to Congress an annual report that describes the formal evaluation. (b) Enforcement Plan.-- (1) In general.--The Secretary shall develop and implement a plan for enforcing section 589.2000 of title 21, Code of Federal Regulations. (2) Inclusions.--The plan shall include-- (A) a hierarchy of enforcement actions to be taken; (B) a timeframe to allow a person subject to section 589.2000 of title 21, Code of Federal Regulations, to correct violations; and (C) a timeframe for subsequent inspections to confirm that violations have been corrected. | United States Animal Identification Plan Implementation Act - Amends the Animal Health Protection Act to direct the Secretary of Agriculture to implement the animal identification plan (developed by the National Animal Identification Development Team) for: (1) beef and dairy cattle that are at least 30 months old on the date of enactment of this Act, not later than 60 days after such enactment; (2) all other beef and dairy cattle, not later than 90 days after the date of such enactment; (3) all other ruminate livestock, not later than 180 days after the date of such enactment; and (4) all other livestock, not later than one year after the date of such enactment. Authorizes the Secretary to enter into State or third-party information collection agreements. Provides for: (1) confidentiality of producer information; and (2) nonapplication of the Freedom of Information Act. Directs: (1) the Secretary of Health and Human Services, through the Commissioner of Food and Drugs, to monitor and report on the implementation of certain regulations relating to prohibited animal proteins in ruminant feed; and (2) the Secretary to develop a related enforcement plan. |
SEC. 1. SHORT TITLE. This Act may be cited as the ``Space Resource Exploration and Utilization Act of 2015''. SEC. 2. TITLE 51 AMENDMENT. (a) In General.--Subtitle V of title 51, United States Code, is amended by adding at the end the following new chapter: ``CHAPTER 513--SPACE RESOURCE EXPLORATION AND UTILIZATION ``Sec. ``51301. Definitions. ``51302. Commercialization of space resource exploration and utilization. ``51303. Legal framework. ``Sec. 51301. Definitions ``In this chapter: ``(1) Space resource.--The term `space resource' means a natural resource of any kind found in situ in outer space. ``(2) Asteroid resource.--The term `asteroid resource' means a space resource found on or within a single asteroid. ``(3) State.--The term `State' means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other commonwealth, territory, or possession of the United States. ``(4) United states commercial space resource utilization entity.--The term `United States commercial space resource utilization entity' means an entity providing space resource exploration or utilization services, the control of which is held by persons other than a Federal, State, local, or foreign government, and that is-- ``(A) duly organized under the laws of a State; ``(B) subject to the subject matter and personal jurisdiction of the courts of the United States; or ``(C) a foreign entity that has voluntarily submitted to the subject matter and personal jurisdiction of the courts of the United States. ``Sec. 51302. Commercialization of space resource exploration and utilization ``(a) In General.--The President, acting through appropriate Federal agencies, shall-- ``(1) facilitate the commercial exploration and utilization of space resources to meet national needs; ``(2) discourage government barriers to the development of economically viable, safe, and stable industries for the exploration and utilization of space resources in manners consistent with the existing international obligations of the United States; and ``(3) promote the right of United States commercial entities to explore outer space and utilize space resources, in accordance with the existing international obligations of the United States, free from harmful interference, and to transfer or sell such resources. ``(b) Report Required.--Not later than 180 days after the date of the enactment of this section, the President shall submit to Congress a report that contains recommendations for-- ``(1) the allocation of responsibilities relating to the exploration and utilization of space resources among Federal agencies; and ``(2) any authorities necessary to meet the international obligations of the United States with respect to the exploration and utilization of space resources. ``Sec. 51303. Legal framework ``(a) Property Rights.--Any asteroid resources obtained in outer space are the property of the entity that obtained such resources, which shall be entitled to all property rights thereto, consistent with applicable provisions of Federal law and existing international obligations. ``(b) Safety of Operations.--A United States commercial space resource utilization entity shall avoid causing harmful interference in outer space. ``(c) Civil Action for Relief From Harmful Interference.--A United States commercial space resource utilization entity may bring a civil action for appropriate legal or equitable relief, or both, under this chapter for any action by another entity subject to United States jurisdiction causing harmful interference to its operations with respect to an asteroid resource utilization activity in outer space. ``(d) Rule of Decision.--In a civil action brought pursuant to subsection (c) with respect to an asteroid resource utilization activity in outer space, a court shall enter judgment in favor of the plaintiff if the court finds-- ``(1) the plaintiff-- ``(A) acted in accordance with all existing international obligations of the United States; and ``(B) was first in time to conduct the activity; and ``(2) the activity is reasonable for the exploration and utilization of asteroid resources. ``(e) Exclusive Jurisdiction.--The district courts of the United States shall have original jurisdiction over an action under this chapter without regard to the amount in controversy.''. (b) Clerical Amendment.--The table of chapters for title 51, United States Code, is amended by adding at the end of the items for subtitle V the following: ``513. Space resource exploration and utilization........... 51301''. | Space Resource Exploration and Utilization Act of 2015 (Sec. 2) Directs the President, acting through appropriate federal agencies, to: facilitate the commercial exploration and utilization of space resources to meet national needs; discourage government barriers to the development of economically viable, safe, and stable industries for the exploration and utilization of space resources in manners consistent with the existing international obligations of the United States; and promote the right of U.S. commercial entities to explore outer space and utilize space resources, in accordance with such obligations, free from harmful interference, and to transfer or sell such resources. Defines "space resource" as a natural resource of any kind found in place in outer space. Directs the President to make recommendations to Congress for: (1) the allocation of responsibilities relating to the exploration and utilization of space resources among federal agencies, and (2) any authorities necessary to meet U.S. international obligations with respect to such exploration and resource utilization. Declares that any asteroid resources obtained in outer space are the property of the entity that obtained them, which shall be entitled to all property rights to them, consistent with applicable federal law and existing international obligations. States that a U.S. commercial space resource utilization entity: shall avoid causing harmful interference in outer space, and may bring a civil action in a U.S. district court for any action by another entity subject to U.S. jurisdiction causing harmful interference to its operations with respect to an asteroid resource utilization activity in outer space. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Life Insurance Improvement Act of 2003''. SEC. 2. PAYMENT OF INSURANCE PROCEEDS TO AN ALTERNATE BENEFICIARY WHEN FIRST BENEFICIARY CANNOT BE IDENTIFIED. (a) NSLI.--Section 1917 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(f)(1) Following the death of the insured and in a case not covered by subsection (d)-- ``(A) if the first beneficiary otherwise entitled to payment of the insurance does not make a claim for such payment within two years after the death of the insured, payment may be made to another beneficiary designated by the insured, in the order of precedence as designated by the insured, as if the first beneficiary had predeceased the insured; and ``(B) if within four years after the death of the insured, no claim has been filed by a person designated by the insured as a beneficiary and the Secretary has not received any notice in writing that any such claim will be made, payment may (notwithstanding any other provision of law) be made to such person as may in the judgment of the Secretary be equitably entitled thereto. ``(2) Payment of insurance under paragraph (1) shall be a bar to recovery by any other person.''. (b) USGLI.--Section 1952 of such title is amended by adding at the end the following new subsection: ``(c)(1) Following the death of the insured and in a case not covered by section 1950 of this title-- ``(A) if the first beneficiary otherwise entitled to payment of the insurance does not make a claim for such payment within two years after the death of the insured, payment may be made to another beneficiary designated by the insured, in the order of precedence as designated by the insured, as if the first beneficiary had predeceased the insured; and ``(B) if within four years after the death of the insured, no claim has been filed by a person designated by the insured as a beneficiary and the Secretary has not received any notice in writing that any such claim will be made, payment may (notwithstanding any other provision of law) be made to such person as may in the judgment of the Secretary be equitably entitled thereto. ``(2) Payment of insurance under paragraph (1) shall be a bar to recovery by any other person.''. (c) Transition Provision.--In the case of a person insured under subchapter I or II of chapter 19 of title 38, United States Code, who dies before the date of the enactment of this Act, the two-year and four-year periods specified in subsection (f)(1) of section 1917 of title 38, United States Code, as added by subsection (a), and subsection (c)(1) of section 1952 of such title, as added by subsection (b), as applicable, shall for purposes of the applicable subsection be treated as being the two-year and four-year periods, respectively, beginning on the date of the enactment of this Act. SEC. 3. REDUCTION IN SERVICE-DISABLED VETERANS INSURANCE PREMIUMS. Section 1922(a) of title 38, United States Code, is amended-- (1) by inserting ``(1)'' after ``(a)''; and (2) by striking the fourth sentence and all that follows and inserting the following: ``(2) Insurance granted under this section shall be issued upon the same terms and conditions as are contained in the standard policies of National Service Life Insurance, except that-- ``(A) the premium rates for such insurance-- ``(i) for premiums for months beginning before the date of the enactment of the Veterans Life Insurance Improvement Act of 2003 shall be based on the Commissioners 1941 Standard Ordinary Table of Mortality and interest at the rate of 2\1/4\ percent per year; and ``(ii) for premiums for months beginning on or after that date shall be based upon the 1980 Commissioners Standard Ordinary Basic Table of Mortality and interest at the rate of 5 percent per year; ``(B) all cash, loan, paid-up, and extended values-- ``(i) for a policy issued under this section before the date of the enactment of the Veterans Life Insurance Improvement Act of 2003 shall be based upon the Commissioners 1941 Standard Ordinary Table of Mortality and interest at the rate of 2\1/4\ percent per year; and ``(ii) for a policy issued under this section on or after that date shall be based upon the 1980 Commissioners Standard Ordinary Basic Table of Mortality and interest at the rate of 5 percent per year; ``(C) all settlements on policies involving annuities shall be calculated on the basis of The Annuity Table for 1949, and interest at the rate of 2\1/4\ percent per year; ``(D) insurance granted under this section shall be on a nonparticipating basis; ``(E) all premiums and other collections for insurance under this section shall be credited directly to a revolving fund in the Treasury of the United States; and ``(F) any payments on such insurance shall be made directly from such fund. ``(3) Appropriations to the fund referred to in subparagraphs (E) and (F) of paragraph (2) are hereby authorized. ``(4) As to insurance issued under this section, waiver of premiums pursuant to section 602(n) of the National Service Life Insurance Act of 1940 and section 1912 of this title shall not be denied on the ground that the service-connected disability became total before the effective date of such insurance.''. SEC. 4. INCREASE OF VETERANS' MORTGAGE LIFE INSURANCE COVERAGE TO $200,000. (a) Increase.--Section 2106(b) of title 38, United States Code, is amended by striking ``$90,000'' and inserting ``$200,000''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to insurance payable under section 2106 of title 38, United States Code, in the case of a veteran insured under that section who dies on or after the date of the enactment of this Act. | Veterans Life Insurance Improvement Act of 2003 - Amends Federal provisions concerning the National Service Life Insurance and United States Government Life Insurance programs to allow payment of their insurance proceeds to: (1) another beneficiary if the first designated beneficiary has not made a claim to such payment within two years after the death of the insured; and (2) a person designated by the Secretary of Veterans Affairs if no claim has been filed by any designated beneficiary within four years after the insured's death.Requires service-disabled life insurance premium rates, as well as all policy cash, loan, paid-up, and extended values, for months beginning on or after the date of enactment of this Act to be based on the 1980 Commissioners Standard Ordinary Basic Table of Mortality, with five percent annual interest. Increases from $90,000 to $200,000 the maximum amount of veterans' mortgage life insurance coverage. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Hormone Disruption Research Act of 2002''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Many compounds found or introduced into the environment by human activity are capable of disrupting the hormone system of humans and animals. The consequences of such disruption can be profound because of the crucial role hormones play in controlling development. No standardized and validated screens or tests have been developed to routinely and systematically assess chemicals for disruptive effects on hormone systems. (2) In the last 30 years, the United States has experienced an increase in the incidence of such human disorders as childhood cancers, testicular cancer, hypospadias, juvenile diabetes, attention deficit-like hyperactivity disorders, autism, thyroid disorders, and auto-immune disorders. Exposure to hormone-disrupting chemicals may be contributing to these increases. The impact on children's health as a result of prenatal exposures in particular needs further research. (3) In 2001, the Centers for Disease Control and Prevention's ``National Report on Human Exposure to Environmental Chemicals'' reported on human exposure to 27 chemicals, and found unexpectedly high levels of certain chemicals used in consumer products. The hazards to humans of these chemicals, singly and in combination, are not well understood. (4) Many wildlife populations have been affected by hormone disrupting substances, including birds, fish, reptiles, and mammals. The effects vary among species and compounds. (5) The effects in wildlife include thyroid dysfunction, decreased fertility, decreased hatching success, gross birth deformities, metabolic and behavioral abnormalities, demasculinization and feminization of male organisms, deformation and masculinization of female organisms, and compromised immune systems. These effects may signal hazards to human health. (6) Laboratory studies have corroborated studies of effects in wildlife and have identified biological mechanisms to explain the effects shown. (7) Since the chemicals found in wildlife are also found in humans, humans are exposed to the same chemicals as wildlife. (8) Hormone disruption can occur at very low doses, especially when exposure occurs in the womb or immediately after birth, periods during which rapid development is occurring. (9) In the Food Quality Protection Act of 1996 (21 U.S.C. 301 note), Congress recognized the special vulnerability of infants and children to pesticides and requested that the Environmental Protection Agency establish a program to screen and test hormone disrupting chemicals. The Environmental Protection Agency has not yet required such screening or tests. (10) In 1998, a research committee on hormone disrupters, organized under the auspices of the Office of Science and Technology Policy, concluded that ``scientific knowledge is inadequate to fully inform public policy, and a government-wide coordinated research effort that addresses the key scientific uncertainties . . . is needed''. (11) In 1999, in response to a request from Congress and funded through the Environmental Protection Agency and the Department of the Interior, the National Academy of Sciences compiled a lengthy list of research, monitoring, and testing priorities related to hormone disruption. (12) The National Institute of Environmental Health Sciences conducts much of the Federal Government's research on hormone disruption, often working in partnership with other agencies. (13) Congress fully supports critical research being performed by the National Institute of Environmental Health Sciences on methods to reduce, refine, or replace animal tests in scientific and medical studies. (14) Congress strongly supports protection of animal subjects and encourages all scientists to use alternatives to animal testing to the maximum extent possible. (15) The United States Geological Survey (referred to in this section as the ``USGS'') has considerable experience assessing the occurrence of chemicals in the environment, ecological health, and the hazards to wildlife health and associated human health posed by chemicals in the environment, as a result of monitoring by the USGS of the Nation's water resources and wildlife disease, and research by the USGS on the effects of chemicals on wildlife. (16) The National Academy of Sciences has recognized the expertise of the USGS in such areas as food web contamination and water quality assessment and has encouraged more coordinated work on human health between the USGS and the National Institutes of Health. SEC. 3. AMENDMENT TO THE PUBLIC HEALTH SERVICES ACT TO PROVIDE FOR RESEARCH ON HORMONE DISRUPTION. Subpart 12 of part C of title IV of the Public Health Service Act (42 U.S.C. 2851 et seq.) is amended by adding at the end of the following: ``directed national program of research on hormone disruption ``Sec. 463B. (a) Study.-- ``(1) In general.--The Director of the Institute shall establish within the Institute a comprehensive program to-- ``(A) conduct research on the impact of chemicals that affect human health through disruption of the hormone systems; ``(B) conduct research on the occurrence of hormone disrupting chemicals in the environment and their effects on ecological and wildlife health, in cooperation with the United States Geological Survey (referred to in this section as the `USGS'); ``(C) coordinate the design of a multi-agency research initiative on hormone disruption; ``(D) coordinate research on hormone disruption in the United States with such research conducted in other nations; and ``(E) report to the public every 2 years on the extent to which hormone disruption by chemicals in the environment poses a threat to human health and the environment. ``(2) Issues to be studied.--The program, established under paragraph (1) shall provide for the following: ``(A) Collection, compilation, publication, and dissemination of scientifically valid information on-- ``(i) possible human health effects of hormone disrupting chemicals, with emphasis on exposures to low doses of individual chemicals and chemical mixtures during critical life stages of development, particularly effects of prenatal exposures on children's health; ``(ii) the extent of human exposure to hormone disrupting chemicals, with particular emphasis on exposures during critical life stages of development and in residential and occupational settings; and ``(iii) exposure of wildlife species to hormone disrupting chemicals and possible health effects associated with such exposures. ``(B) Research on mechanisms by which hormone disrupting substances interact with biological systems. ``(C) Research on improved in vitro and in vivo methods to screen and test hormone disruption. ``(D) Research on the identity, levels, transport and fate of hormone disrupting chemicals in the environment. ``(b) Director's Duties.-- ``(1) In general.--The Director of the Institute shall have principal responsibility, in consultation with the Director of the USGS, for conducting and coordinating research on the effects of hormone disrupting chemicals on human health and the environment. ``(2) Agreement.--Not later than 6 months after the date of enactment of the Hormone Disruption Research Act of 2002, the Director of the Institute and the Director of the USGS shall enter into an agreement to carry out the research program established under subsection (a). ``(3) Transfer of funds.--The Director of the Institute may transfer funds to other Federal agencies to carry out the Director's responsibilities under paragraph (1). ``(4) Report.--The Director of the Institute, in consultation with the Director of the USGS, shall make available to the public, every 2 years following the date of enactment of the Hormone Disruption Research Act of 2002, findings and conclusions on the extent to which hormone disruption by chemicals in the environment poses a threat to human health and the environment. ``(c) Interagency Commission.-- ``(1) Establishment.--The Secretary shall establish a commission to be known as the Hormone Disruption Research Interagency Commission (referred to in this section as `Interagency Commission') to advise the Director of the Institute and the Director of the USGS on the development of a comprehensive agenda for conducting research on hormone disruption. ``(2) Membership.--The Interagency Commission shall be composed of 12 members, as follows: ``(A) The Director of the Institute, who shall serve as the Chairperson. ``(B) The Director of the USGS, who shall serve as the Vice-Chairperson. ``(C) The Commissioner of the Food and Drug Administration. ``(D) The Director of the Centers for Disease Control and Prevention. ``(E) The Administrator of the National Oceanic and Atmospheric Administration. ``(F) The Director of the National Institute for Occupational Safety and Health. ``(G) The Administrator of the Agency for Toxic Substances and Disease Registry. ``(H) The Director of the Fish and Wildlife Service. ``(I) The Secretary of Defense. ``(J) The Administrator of the Environmental Protection Agency. ``(K) The Chairman of the Consumer Product Safety Commission. ``(L) The Director of the National Science Foundation. ``(3) Staff.--Each department or agency represented by a member on the Interagency Commission shall provide appropriate staff to carry out the duties of the Interagency Commission. ``(4) Recommendations.--Not later than 12 months after the date of enactment of the Hormone Disruption Research Act of 2002, the Interagency Commission shall recommend to the Director of the Institute and the Director of the USGS a research program, including levels of funding for intramural and extramural research. ``(5) Public comment.--The Director of the Institute, through publication of notice in the Federal Register, shall provide the general public with an opportunity to comment on the recommendations of the Interagency Commission. ``(6) Report.--Not later than 4 years after the date of enactment of the Hormone Disruption Research Act of 2002, the Interagency Commission shall conduct a review of the program established under subsection (a) and submit a report on the results of such review to the Director of the Institute and to the Hormone Disruption Research Panel established under subsection (e). ``(d) Financial Assistance.-- ``(1) In general.--The Director of the Institute may provide financial assistance and enter into grants, contracts, and interagency memoranda of understanding to conduct activities under this section. Research conducted pursuant to interagency memoranda of understanding may be conducted through intramural and extramural agency research programs, subject to appropriate scientific peer review. ``(e) Hormone Disruption Research Panel.-- ``(1) Establishment.--There is established in the Institute a Hormone Disruption Research Panel (referred to in this subsection as the `Panel'). ``(2) Duties.--The Panel shall advise the Director of the Institute concerning the scientific content of the program established under subsection (a), the progress of such program, and public outreach, and shall provide such other advice as requested by the Director of the Institute. ``(3) Membership.--The Panel shall be composed of the following: ``(A) 15 voting members to be appointed by the President, in consultation with the Director of the Institute. ``(B) Such nonvoting, ex officio members as the Director of the Institute determines to be appropriate. ``(4) Voting members.--Of the 15 voting members of the Panel-- ``(A) at least 2 members shall be from environmental protection organizations; ``(B) at least 2 members shall be from public health and consumer organizations; ``(C) at least 2 members shall be from industry; and ``(D) a majority of the members shall be selected from among scientists and environmental health professionals who-- ``(i) are not officers or employees of the United States; ``(ii) represent multiple disciplines, including clinical, basic, public, and ecological health sciences; ``(iii) represent different geographical regions of the United States; ``(iv) are from practice settings, academic settings, and for-profit or not-for-profit research settings; and ``(v) have experience in review of research on endocrine disruption. ``(5) Terms.--The members of the Panel shall be appointed for an initial term of 3 years and shall be eligible for reappointment for 1 additional term of 2 years. ``(6) Chairperson.--The members of the Panel appointed under paragraph (3) shall elect a chairperson from among such members. ``(7) Meetings.--The Panel shall meet at the call of the chairperson or upon the request of the Director of the Institute, but in no case less often than once each year. ``(8) Administrative support.--The Institute shall provide administrative support to the Panel. ``(f) Conflicts of Interest.--All grants and contracts entered into under this section shall include conflict of interest provisions that require any person conducting a project under this section to disclose any other source of funding received by the person to conduct other related projects. ``(g) Definitions.--For purposes of this section: ``(1) Hormone.--The term `hormone' means a substance produced in a cell or tissue that triggers a biological response. Hormone activity may be localized to the cell in which the substance is produced, or may be in nearby or distant tissues or organs. ``(2) Hormone disruption.--The term `hormone disruption' means interference by a substance with the synthesis, secretion, transport, binding, action, or elimination of natural hormones in the body that are responsible for the maintenance of homeostasis, reproduction, development, function, or behavior. ``(h) Authorization of Appropriations.-- ``(1) General authorization.--There are authorized to be appropriated $500,000,000 for the 5-fiscal-year period beginning with fiscal year 2003 to carry out this section. Amounts appropriated pursuant to this paragraph shall remain available until expended. ``(2) Restrictions on use of funds.-- ``(A) Construction and rehabilitation of facilities and equipment.--Not more than 0.5 percent of the funds made available under this section may be used for the construction or rehabilitation of facilities or fixed equipment. ``(B) Administrative expenses of the director.--Of the total amount of funds made available under this section for any fiscal year, not more than 2 percent of such funds may be used for administrative expenses of the Director of the Institute in carrying out this section. ``(C) Public outreach.--Of the total amount of funds made available under this section for any fiscal year, at least 1 percent, but not more than 5 percent, shall be used for outreach to the public concerning the activities and results of the program.''. | Hormone Disruption Research Act of 2002 - Amends the Public Health Service Act to require the Director of the National Institute of Environmental Health Sciences to establish a comprehensive research program on the impact and occurrence of hormone disrupting chemicals as they affect human, ecological, and wildlife health.Requires the program to: (1) compile scientifically valid information, with an emphasis on the effect of low doses during critical life stages and the extent of human and wildlife exposure; (2) research the mechanisms by which such chemicals interact with biological systems as well as their screening and tracking; and (3) include the participation of the U.S. Geological Survey.Directs the Secretary of Health and Human Services to establish the Hormone Disruption Research Interagency Commission.Establishes a Hormone Disruption Research Panel within the Institute. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Wright Amendment Reform Act of 2006''. SEC. 2. MODIFICATION OF PROVISIONS REGARDING FLIGHTS TO AND FROM LOVE FIELD, TEXAS. (a) Expanded Service.--Section 29(c) of the International Air Transportation Competition Act of 1979 (Public Law 96-192; 94 Stat. 35) is amended by striking ``carrier, if (1)'' and all that follows and inserting the following: ``carrier. Air carriers and, with regard to foreign air transportation, foreign air carriers, may offer for sale and provide through service and ticketing to or from Love Field, Texas, and any United States or foreign destination through any point within Texas, New Mexico, Oklahoma, Kansas, Arkansas, Louisiana, Mississippi, Missouri, or Alabama.''. (b) Repeal.--Section 29 of the International Air Transportation Competition Act of 1979 (94 Stat. 35), as amended by subsection (a), is repealed on the date that is 8 years after the date of enactment of this Act. SEC. 3. TREATMENT OF INTERNATIONAL NONSTOP FLIGHTS TO AND FROM LOVE FIELD, TEXAS. No person shall provide, or offer to provide, air transportation of passengers for compensation or hire between Love Field, Texas, and any point or points outside the 50 States or the District of Columbia on a nonstop basis, and no official or employee of the Federal Government may take any action to make or designate Love Field as an initial point of entry into the United States or a last point of departure from the United States. SEC. 4. CHARTER FLIGHTS AT LOVE FIELD, TEXAS. (a) In General.--Charter flights (as defined in section 212.2 of title 14, Code of Federal Regulations) at Love Field, Texas, shall be limited to-- (1) destinations within the 50 States and the District of Columbia; and (2) no more than 10 per month per air carrier for charter flights beyond the States of Texas, New Mexico, Oklahoma, Kansas, Arkansas, Louisiana, Mississippi, Missouri, and Alabama. (b) Carriers Who Lease Gates.--All flights operated to or from Love Field by air carriers that lease terminal gate space at Love Field shall depart from and arrive at one of those leased gates; except for-- (1) flights operated by an agency of the Federal Government or by an air carrier under contract with an agency of the Federal Government; and (2) irregular operations. (c) Carriers Who Do Not Lease Gates.--Charter flights from Love Field, Texas, operated by air carriers that do not lease terminal space at Love Field may operate from nonterminal facilities or one of the terminal gates at Love Field. SEC. 5. LOVE FIELD GATES. (a) In General.--The city of Dallas, Texas, shall reduce as soon as practicable, the number of gates available for passenger air service at Love Field to no more than 20 gates. Thereafter, the number of gates available for such service shall not exceed a maximum of 20 gates. The city of Dallas, pursuant to its authority to operate and regulate the airport as granted under chapter 22 of the Texas Transportation Code and this Act, shall determine the allocation of leased gates and manage Love Field in accordance with contractual rights and obligations existing as of the effective date of this Act for certificated air carriers providing scheduled passenger service at Love Field on July 11, 2006. To accommodate new entrant air carriers, the city of Dallas shall honor the scarce resource provision of the existing Love Field leases. (b) Removal of Gates at Love Field.--No Federal funds or passenger facility charges may be used to remove gates at the Lemmon Avenue facility, Love Field, in reducing the number of gates as required under this Act, but Federal funds or passenger facility charges may be used for other airport facilities under chapter 471 of title 49, United States Code. (c) General Aviation.--Nothing in this Act shall affect general aviation service at Love Field, including flights to or from Love Field by general aviation aircraft for air taxi service, private or sport flying, aerial photography, crop dusting, corporate aviation, medical evacuation, flight training, police or fire fighting, and similar general aviation purposes, or by aircraft operated by any agency of the Federal Government or by any air carrier under contract to any agency of the Federal Government. (d) Enforcement.-- (1) In general.--Notwithstanding any other provision of law, the Secretary of Transportation and the Administrator of the Federal Aviation Administration may not make findings or determinations, issue orders or rules, withhold airport improvement grants or approvals thereof, deny passenger facility charge applications, or take any other actions, either self-initiated or on behalf of third parties-- (A) that are inconsistent with the contract dated July 11, 2006, entered into by the city of Dallas, the city of Fort Worth, the DFW International Airport Board, and others regarding the resolution of the Wright Amendment issues, unless actions by the parties to the contract are not reasonably necessary to implement such contract; or (B) that challenge the legality of any provision of such contract. (2) Compliance with title 49 requirements.--A contract described in paragraph (1)(A) of this subsection, and any actions taken by the parties to such contract that are reasonably necessary to implement its provisions, shall be deemed to comply in all respects with the parties' obligations under title 49, United States Code. (e) Limitation on Statutory Construction.-- (1) In general.--Nothing in this Act shall be construed-- (A) to limit the obligations of the parties under the programs of the Department of Transportation and the Federal Aviation Administration relating to aviation safety, labor, environmental, national historic preservation, civil rights, small business concerns (including disadvantaged business enterprise), veteran's preference, disability access, and revenue diversion; (B) to limit the authority of the Department of Transportation or the Federal Aviation Administration to enforce the obligations of the parties under the programs described in subparagraph (A); (C) to limit the obligations of the parties under the security programs of the Department of Homeland Security, including the Transportation Security Administration, at Love Field, Texas; (D) to authorize the parties to offer marketing incentives that are in violation of Federal law, rules, orders, agreements, and other requirements; or (E) to limit the authority of the Federal Aviation Administration or any other Federal agency to enforce requirements of law and grant assurances (including subsections (a)(1), (a)(4), and (s) of section 47107 of title 49, United States Code) that impose obligations on Love Field to make its facilities available on a reasonable and nondiscriminatory basis to air carriers seeking to use such facilities, or to withhold grants or deny applications to applicants violating such obligations with respect to Love Field. (2) Facilities.--Paragraph (1)(E)-- (A) shall only apply with respect to facilities that remain at Love Field after the city of Dallas has reduced the number of gates at Love Field as required by subsection (a); and (B) shall not be construed to require the city of Dallas, Texas-- (i) to construct additional gates beyond the 20 gates referred to in subsection (a); or (ii) to modify or eliminate preferential gate leases with air carriers in order to allocate gate capacity to new entrants or to create common use gates, unless such modification or elimination is implemented on a nationwide basis. SEC. 6. APPLICABILITY. The provisions of this Act shall apply to actions taken with respect to Love Field, Texas, or air transportation to or from Love Field, Texas, and shall have no application to any other airport (other than an airport owned or operated by the city of Dallas or the city of Fort Worth, or both). SEC. 7. EFFECTIVE DATE. Sections 1 through 6, including the amendments made by such sections, shall take effect on the date that the Administrator of the Federal Aviation Administration notifies Congress that aviation operations in the airspace serving Love Field and the Dallas-Fort Worth area which are likely to be conducted after enactment of this Act can be accommodated in full compliance with Federal Aviation Administration safety standards in accordance with section 40101 of title 49, United States Code, and, based on current expectations, without adverse effect on use of airspace in such area. | Wright Amendment Reform Act of 2006 - Amends the International Air Transportation Competition Act of 1979, regarding air transportation to or from Love Field, Texas, (the Wright Amendment), to authorize domestic and foreign air carriers to offer for sale and to provide air transportation to or from Love Field, Texas, and any U.S. or foreign destination through any point within specified states (effectively expanding domestic and foreign air service at Love Field, Texas). Repeals the Wright Amendment eight years after enactment of this Act. Prohibits: (1) a person from providing nonstop air passenger service between Love Field, Texas, and any point or points outside the 50 states or the District of Columbia; and (2) a federal official or employee from designating Love Field, Texas, as an initial point of entry into the United States or a last point of departure from the United States. Limits charter flights at Love Field, Texas. Requires the city of Dallas, Texas, to reduce the number of gates available for air service at Love Field. Prohibits federal funds or passenger facility charges from being used to remove gates at the Lemmon Avenue facility, Love Field, to reduce the number of gates, but permits the use of such funds for other airport facilities. Prohibits anything in this Act from affecting general aviation service at Love Field, Texas. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Home Protection Act of 2013''. SEC. 2. MAPPING OF NON-STRUCTURAL FLOOD MITIGATION FEATURES. Section 100216 of the Biggert-Waters Flood Insurance Reform Act of 2012 (42 U.S.C. 4101b) is amended-- (1) in subsection (b)(1)(A)-- (A) in clause (iv), by striking ``and'' at the end; (B) by redesignating clause (v) as clause (vi); (C) by inserting after clause (iv) the following new clause: ``(v) areas that are protected by pumping stations, decertified levees, or non-Federal or non-structural flood protection measures; and''; and (D) in clause (vi) (as so redesignated), by striking ``flood control structures'' and inserting ``flood control structures, pumping stations, decertified levees, or non-Federal or non-structural flood mitigation measures''; and (2) in subsection (d)(1)-- (A) by redesignating subparagraphs (A) through (C) as subparagraphs (B) through (D), respectively; and (B) by inserting before subparagraph (B) (as so redesignated) the following new subparagraph: ``(A) work with States, local communities, and property owners to identify areas and measures described in subsection (b)(1)(A)(v);''. SEC. 3. APPLYING CIRCULAR WIND MODELS TO FLOOD INSURANCE RATE MAPS. Section 100216(b)(3) of the Biggert-Waters Flood Insurance Reform Act of 2012 (42 U.S.C. 4101b(b)(3)) is amended-- (1) in subparagraph (D), by striking ``and'' at the end; (2) by redesignating subparagraph (E) as subparagraph (F); and (3) by inserting after subparagraph (D) the following new subparagraph: ``(E) in consultation with the Secretary of the Army, acting through the Chief of Engineers, any relevant information that leads to the appropriate use of circular wind models for the application of stillwater elevation calculations; and''. SEC. 4. HOME IMPROVEMENT FAIRNESS. Section 1307(a)(2)(E)(ii) of the National Flood Insurance Act of 1968 (42 U.S.C. 4014(a)(2)(E)(ii)) is amended by striking ``30 percent'' and inserting ``50 percent''. SEC. 5. CONSTRUCTION AND RESTORATION OF FLOOD PROTECTION SYSTEMS. (a) Adequate Progress on Construction of Flood Protection Systems.--Section 1307(e) of the National Flood Insurance Act of 1968 (42 U.S.C. 4014(e)) is amended-- (1) in the first sentence, by inserting ``or reconstruction'' after ``construction''; (2) in the second sentence, by striking ``construction of a flood protection system as required herein has been only if'' and inserting ``construction or reconstruction of a flood protection system has been made only if, based on the present value of the completed system''; and (3) by adding at the end the following new sentence: ``The Administrator shall not consider the level of Federal funding of or participation in the construction or reconstruction of a flood protection system in determining whether adequate progress on such construction has been made.''. (b) Communities Restoring Disaccredited Flood Protection Systems.-- Section 1307(f) of the National Flood Insurance Act of 1968 (42 U.S.C. 4014(f)) is amended in the first sentence by striking ``no longer does so.'' and inserting the following: ``no longer does so, and shall apply without regard to the level of Federal funding of or participation in the restoration of the flood protection system.''. SEC. 6. STATE AND LOCAL GOVERNMENT FLEXIBILITY. The National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.) is amended by inserting after section 1308 the following: ``SEC. 1308A. STATE AND LOCAL GOVERNMENT FLEXIBILITY. ``(a) In General.--The Administrator shall issue regulations to establish a means by which a State or local government may, on its own accord or in conjunction with other State or local governments, submit such payments to the Administrator as are necessary to cover part or all of the cost of any premium for any property within the jurisdiction of the State or local government. ``(b) Risk Premium Rate.--The Administrator shall, under the regulations issued under subsection (a), require that the amount of any payment from a State or local government under such regulations be consistent with sections 1307 and 1308.''. SEC. 7. APPROPRIATE CREDIT FOR FLOOD CONTROL STRUCTURES. Section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C. 4101) is amended by adding at the end the following: ``(k) Actual Protection Provided by Levee Systems.--The Administrator may not publish a flood insurance rate map or an update to a flood insurance rate map for an area unless-- ``(1) the flood insurance rate map or update adequately reflects the level of protection provided by any flood protection system for such area, including a pumping station, decertified levee, or non-Federal or non-structural flood mitigation measure, against the 100-year frequency flood, regardless of the accreditation status of the flood protection system; or ``(2) the community for which a flood protection system provides protection elects not to provide the data necessary for the Administrator to publish a flood insurance rate map or update that adequately reflects the protection provided by the flood protection system against the 100-year frequency flood.''. SEC. 8. INTEGRATION OF REVISED LEVEE ANALYSIS AND MAPPING PROCEDURES. Notwithstanding any other provision of law, paragraphs (1) and (2) of section 1307(g) of the National Flood Insurance Act of 1968 (42 U.S.C. 4014(g)) shall have no force or effect with respect to a property until-- (1) the Administrator of the Federal Emergency Management Agency publishes or updates a flood insurance rate map for the area in which the property is located that adequately reflects the protection provided by any flood protection system for such area, including a pumping station, decertified levee, or non- Federal or non-structural flood mitigation measure, against the 100-year frequency flood, without regard to the accreditation status of the flood protection system; or (2) the community in which such property is located elects not to provide the data necessary for the Administrator to publish a flood insurance rate map or update that adequately reflects the protection provided by any flood protection system, including a pumping station, decertified levee, or non- Federal or non-structural flood mitigation measure. SEC. 9. ALTERNATIVE APPROACH FOR ASSESSING AND PRICING FLOOD RISK. It is the sense of the House of Representatives that-- (1) there should be established in the House of Representatives a Bipartisan Task Force on Innovation in Financing Flood Risk with the primary purpose of compiling data and information on innovative market-based solutions to make flood insurance more accessible and affordable for all Americans; and (2) such Task Force should-- (A) consult with flood risk management stakeholder groups, insurers, reinsurers, State regulators, and financial experts knowledgeable and interested in finding innovative new rate methodologies and approaches to financing flood risk, including insurance risk securitization; (B) compile information on existing risk assessment methodologies that-- (i) identify and standardize broader types of risks, hazards, structures, and losses, at a granular level, faced by property owners and communities, that helps investors, buyers, regulators, and policymakers finding a methodology to facilitate transparency and liquidity while reducing risk and increasing asset value through the clear reduction of risk uncertainty; (ii) encourage transparency in the development of Flood Insurance Rate Maps that the Federal Emergency Management Agency uses to assign risk in flood-risk zones; (iii) introduce financial or non-financial risk determination, analysis, and valuation of individual mortgages and housing transactions in a unified approach that includes engineering structures and environmental risks in the pricing by risk elements of catastrophe-linked products; (iv) integrate different approaches (financial, actuarial, and engineering) into one pricing framework that complements modern flood risk analysis and captures potential losses as accurately as possible; (v) granulate the risks and value and offer risk-differentiated and risk-specific solutions so that any differentiated risk can be redistributed and diversified in numerous ways; (vi) explore transparency indexes that link monetary value to risk disclosure; and (vii) average national catastrophic insured losses and appropriately assign weights and risk values to equitably distribute catastrophic, all-peril insurance risk; (C) consider the relationship between new transparent, benchmark pricing of flood insurance- linked securitization and structured catastrophe derivatives that integrates engineering, financial, and actuarial parameters to reduce the cost of mitigating financial losses due to floods; (D) evaluate options for-- (i) educating policyholders on methods for risk mitigation; (ii) integrating policyholder and capital market participants, including investors, in the entire risk-financing process to demonstrate or feature specific system measures that increase asset value; and (iii) expressing different ways to incentivize both the financial markets and the individual market participant to update all risk disclosures and risk-remediating actions on an individual basis; and (E) not later than 180 days after the date of the enactment of this Act, report findings, options, and recommendations to the House of Representatives with regard to the consideration of future flood-risk analysis and risk innovation in pricing. | Home Protection Act of 2013 - Amends the Biggert-Waters Flood Insurance Reform Act of 2012 to direct the Administrator of the Federal Emergency Management Agency (FEMA) to review, update, maintain, and publish National Flood Insurance Program rate maps under the National Flood Mapping Program with respect to areas protected by pumping stations, decertified levees, or non-federal or non-structural flood protection and mitigation measures, as well as the level of protection they provide. Directs the Administrator to: (1) work with states, local communities, and property owners to identify such areas and measures; and (2) include in flood map updates any relevant information that leads to the appropriate use of circular wind models for the application of stillwater elevation calculations. Amends the National Flood Insurance Act of 1968 to prohibit the Administrator from estimating flood insurance premium rates for property which, after July 6, 2012, has experienced or sustained substantial improvement exceeding 50% (currently 30%) of its fair market value. Makes eligible for flood insurance coverage any communities that have made adequate progress, acceptable to the Administrator, on reconstruction of a flood protection system which will afford protection from the 100-year frequency flood. Prohibits the Administrator, in determining whether adequate progress on construction or reconstruction has been made, from considering the level of federal funding involved in the enterprise. Makes flood insurance available in communities restoring certain disaccredited flood protection systems, regardless of the level of either federal funding or participation in such restoration. Directs the Administrator to issue regulations permitting a state or local government, either on its own accord or in conjunction with other state or local governments, to submit to FEMA payments necessary to cover part or all of the cost of any premium for any property within the government's jurisdiction. Prohibits the Administrator from publishing either a flood insurance rate map or an update for an area unless: (1) it adequately reflects the level of protection provided by any flood protection system for the area, including a pumping station, decertified levee, or non-federal or non-structural flood mitigation measure, against the 100-year frequency flood, regardless of the system's accreditation status; or (2) the community for which a system provides protection elects not to give the data necessary for the Administrator to publish a rate map or update that adequately reflects such protection. Nullifies the prohibition against extending premium rate subsidies to properties not insured before July 6, 2012, or to properties purchased after that date, until either of these two conditions applies. Expresses the sense of the House of Representatives that a Bipartisan Task Force on Innovation in Financing Flood Risk should be established to: (1) compile data on innovative market-based solutions to make flood insurance more accessible and affordable, and (2) report on future flood-risk analysis and risk innovation in pricing. |
SECTION 1. RECOGNITION AS CORPORATION AND GRANT OF FEDERAL CHARTER FOR NATIONAL AMERICAN INDIAN VETERANS, INCORPORATED. (a) In General.--Part B of subtitle II of title 36, United States Code, is amended by inserting after chapter 1503 the following new chapter: ``CHAPTER 1504--NATIONAL AMERICAN INDIAN VETERANS, INCORPORATED ``Sec ``150401. Organization. ``150402. Purposes. ``150403. Membership. ``150404. Board of directors. ``150405. Officers. ``150406. Nondiscrimination. ``150407. Powers. ``150408. Exclusive right to name, seals, emblems, and badges. ``150409. Restrictions. ``150410. Duty to maintain tax-exempt status. ``150411. Records and inspection. ``150412. Service of process. ``150413. Liability for acts of officers and agents. ``150414. Failure to comply with requirements. ``150415. Annual report. ``Sec. 150401. Organization ``The National American Indian Veterans, Incorporated, a nonprofit corporation organized in the United States (in this chapter referred to as the `corporation'), is a federally chartered corporation. ``Sec. 150402. Purposes ``The purposes of the corporation are those stated in its articles of incorporation, constitution, and bylaws, and include a commitment-- ``(1) to uphold and defend the Constitution of the United States while respecting the sovereignty of the American Indian, Alaska Native, and Native Hawaiian Nations; ``(2) to unite under one body all American Indian, Alaska Native, and Native Hawaiian veterans who served in the Armed Forces of United States; ``(3) to be an advocate on behalf of all American Indian, Alaska Native, and Native Hawaiian veterans without regard to whether they served during times of peace, conflict, or war; ``(4) to promote social welfare (including educational, economic, social, physical, cultural values, and traditional healing) in the United States by encouraging the growth and development, readjustment, self-respect, self-confidence, contributions, and self-identity of American Indian veterans; ``(5) to serve as an advocate for the needs of American Indian, Alaska Native, and Native Hawaiian veterans, their families, or survivors in their dealings with all Federal and State government agencies; ``(6) to promote, support, and utilize research, on a nonpartisan basis, pertaining to the relationship between the American Indian, Alaska Native, and Native Hawaiian veterans and American society; and ``(7) to provide technical assistance to the 12 regional areas without veterans committees or organizations and programs by-- ``(A) providing outreach service to those Tribes in need; and ``(B) training and educating Tribal Veterans Service Officers for those Tribes in need. ``Sec. 150403. Membership ``Subject to section 150406 of this title, eligibility for membership in the corporation, and the rights and privileges of members, shall be as provided in the constitution and by-laws of the corporation. ``Sec. 150404. Board of directors ``Subject to section 150406 of this title, the board of directors of the corporation, and the responsibilities of the board, shall be as provided in the constitution and bylaws of the corporation and in conformity with the laws under which the corporation is incorporated. ``Sec. 150405. Officers ``Subject to section 150406 of this title, the officers of the corporation, and the election of such officers, shall be as provided in the constitution and bylaws of the corporation and in conformity with the laws of the jurisdiction under which the corporation is incorporated. ``Sec. 150406. Nondiscrimination ``In establishing the conditions of membership in the corporation, and in determining the requirements for serving on the board of directors or as an officer of the corporation, the corporation may not discriminate on the basis of race, color, religion, sex, national origin, handicap, or age. ``Sec. 150407. Powers ``The corporation shall have only those powers granted the corporation through its articles of incorporation and its constitution and bylaws which shall conform to the laws of the jurisdiction under which the corporation is incorporated. ``Sec. 150408. Exclusive right to name, seals, emblems, and badges ``(a) In General.--The corporation shall have the sole and exclusive right to use the names `National American Indian Veterans, Incorporated' and `National American Indian Veterans', and such seals, emblems, and badges as the corporation may lawfully adopt. ``(b) Construction.--Nothing in this section shall be construed to interfere or conflict with established or vested rights. ``Sec. 150409. Restrictions ``(a) Stock and Dividends.--The corporation shall have no power to issue any shares of stock nor to declare or pay any dividends. ``(b) Distribution of Income or Assets.--(1) No part of the income or assets of the corporation shall inure to any person who is a member, officer, or director of the corporation or be distributed to any such person during the life of the charter granted by this chapter. ``(2) Nothing in this subsection shall be construed to prevent the payment of reasonable compensation to the officers of the corporation, or reimbursement for actual and necessary expenses, in amounts approved by the board of directors. ``(c) Loans.--The corporation shall not make any loan to any officer, director, member, or employee of the corporation. ``(d) No Federal Endorsement.--The corporation shall not claim congressional approval or Federal Government authority by virtue of the charter granted by this chapter for any of its activities. ``Sec. 150410. Duty to maintain tax-exempt status ``The corporation shall maintain its status as an organization exempt from taxation as provided in the Internal Revenue Code of 1986. ``Sec. 150411. Records and inspection ``(a) Records.--The corporation shall keep-- ``(1) correct and complete books and records of accounts; ``(2) minutes of any proceeding of the corporation involving any of its members, the board of directors, or any committee having authority under the board of directors; and ``(3) at its principal office, a record of the names and addresses of all members having the right to vote. ``(b) Inspection.--(1) All books and records of the corporation may be inspected by any member having the right to vote, or by any agent or attorney of such member, for any proper purpose, at any reasonable time. ``(2) Nothing in this section shall be construed to contravene the laws of the jurisdiction under which the corporation is incorporated or the laws of those jurisdictions within which the corporation carries on its activities in furtherance of its purposes within the United States and its territories. ``Sec. 150412. Service of process ``With respect to service of process, the corporation shall comply with the laws of the jurisdiction under which the corporation is incorporated and those jurisdictions within which the corporation carries on its activities in furtherance of its purposes within the United States and its territories. ``Sec. 150413. Liability for acts of officers and agents ``The corporation shall be liable for the acts of the officers and agents of the corporation when such individuals act within the scope of their authority. ``Sec. 150414. Failure to comply with requirements ``If the corporation fails to comply with any of the restrictions or provisions of this chapter, including the requirement under section 150410 of this title to maintain its status as an organization exempt from taxation, the charter granted by this chapter shall expire. ``Sec. 150415. Annual report ``(a) In General.--The corporation shall report annually to Congress concerning the activities of the corporation during the preceding fiscal year. ``(b) Submittal Date.--Each annual report under this section shall be submitted at the same time as the report of the audit of the corporation required by section 10101(b) of this title. ``(c) Report Not Public Document.--No annual report under this section shall be printed as a public document.''. (b) Clerical Amendment.--The table of chapters at the beginning of subtitle II of title 36, United States Code, is amended by insert after the item relating to chapter 1503 the following new item: ``1504. National American Indian Veterans, Incorporated..... 150401''. | Grants a federal charter to the National American Indian Veterans, Incorporated (a nonprofit corporation organized in the United States). |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Commonsense Reporting Act of 2014''. SEC. 2. FINDINGS. Congress finds the following: (1) Reporting requirements under the Patient Protection and Affordable Care Act (Public Law 111-148) should strike the appropriate balance between sufficient reporting to enforce the law and protecting the privacy of individuals. (2) Protection of the primary insured individual and each other individual covered under the policy, which should include minimizing the transmittal of social security numbers, should be a priority when implementing reporting requirements. (3) The Department of the Treasury and the Internal Revenue Service should continue to work together with other departments and agencies, including the Department of Health and Human Services, the Department of Labor, and the Small Business Administration, to streamline reporting and administrative processes under the Patient Protection and Affordable Care Act. These same agencies and departments should also work together to identify ways to minimize compliance burdens on businesses, insurance carriers, and individuals. SEC. 3. PROTECTION OF DEPENDENT PRIVACY. (a) In General.--Paragraph (1) of section 6055(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following flush sentence: ``For purposes of subparagraph (B)(i), in the case of an individual other than the primary insured, if the health insurance issuer or the employer does not collect or maintain information on the TINs of such individuals (other than for purposes of this section), the individual's name and date of birth may be substituted for the name and TIN.''. (b) Effective Date.--The amendment made by this section shall apply to returns the due date for which is after December 31, 2013. SEC. 4. EMPLOYEE OPT-OUT. (a) In General.--Subsection (d) of section 6056 of the Internal Revenue Code of 1986 is amended by adding at the end the following flush sentence: ``An individual shall be deemed to have consented to receive the statement under this section in electronic form if such individual has consented at any prior time, to a person required to furnish to such individual any statement for use in filing the return of tax, to receive such statement in electronic form, unless the individual explicitly refuses such consent.''. (b) Statements Relating to Health Insurance Coverage.--Subsection (c) of section 6055 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(3) Electronic delivery.--An individual shall be deemed to have consented to receive the statement under this subsection in electronic form if such individual has consented at any prior time to receive in electronic form any private health information (such as electronic health records) furnished to such individual by the person required to make such statement, unless the individual explicitly refuses such consent.''. (c) Effective Date.--The amendments made by this section shall apply to statements the due date for which is after December 31, 2013. SEC. 5. STUDY. (a) In General.--The Department of the Treasury, in consultation with the Department of Health and Human Services, the Department of Labor, and the Small Business Administration, shall report to Congress not later than 90 days after the date of the enactment of this Act on the processes necessary to develop a prospective reporting system in which an employer would be considered to have complied with section 6056 of the Internal Revenue Code of 1986 for future reporting periods if the employer provided information on a voluntary basis on the affordability and value of the health coverage offered by such employer, generally to whom it is offered, and the length of any waiting period. (b) Requirements.--The report under subsection (a) should address-- (1) the processes necessary to ensure that Exchanges could access the general information described in subsection (a) to assist in verifying eligibility determinations for advance payment of the premium tax credits under section 36B of the Internal Revenue Code of 1986 and the cost-sharing subsidies under section 1402 of the Patient Protection and Affordable Care Act (Public Law 111-148); (2) guidance on how employers who provide this information on a voluntary basis in advance may be considered exempt from general reporting requirements under section 6056 of the Internal Revenue Code of 1986, and should instead be required only to provide individual reports to employees who have been deemed eligible for advance payment of premium tax credits; (3) any barriers that currently exist in data systems maintained by the Department of Health and Human Services or the Internal Revenue Service which would hinder the development of such a verification system, and recommendations for addressing such barriers; (4) any statutory barriers that would prevent the administration from implementing a voluntary prospective reporting system and exempting employers who utilize such system from general reporting requirements under such section 6056; and (5) the costs to develop such a system. (c) Open Comment Period.--After the submission of the report under subsection (a) to Congress, there shall be an open comment period of not less than 60 days for applicable employers and other interested parties to respond to the contents of the report. All comments submitted shall be accessible on a publicly available database. | Commonsense Reporting Act of 2014 - Amends the Internal Revenue Code, with respect to reporting of health care coverage information, to: (1) allow identification of dependents of the primary insured by name and date of birth, instead of taxpayer identification number, if the employer or health insurance issuer does not collect or maintain tax identification numbers for such dependents; and (2) allow an individual to refuse consent to receive tax information statements relating to health insurance coverage in electronic form. Directs the Department of the Treasury to report to Congress on the processes necessary to develop a reporting system allowing employers to voluntarily provide information on health care coverage offered by such employers. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Gulf State Community Renewal Commission Act''. SEC. 2. FINDINGS. Whereas Hurricane Katrina's devastation is colossal in scope; Whereas it poses a massive national redevelopment obligation; and Whereas the expertise of America's professionals in the fields of city and regional planning, architecture, home building, and finance is required. SEC. 3. ESTABLISHMENT OF COMMISSION. There is established the Gulf State Community Renewal Commission (in this Act referred to as the ``Commission''). SEC. 4. PURPOSES. The purposes of the Commission are to-- (1) examine, evaluate, and report on the rebuilding of communities in both urban and rural areas that were affected by Hurrican Katrina; (2) identify actions necessary for rebuilding such communities, and neighborhoods and town centers in such communities; (3) identify professions and resources available to such communities to assist in such rebuilding; and (4) create models and plans for such rebuilding that address-- (A) transportation needs; (B) economic development and job creation; (C) the tourism industry; (D) housing needs; (E) agriculture development; (F) environmental concerns; (G) natural disaster mitigation; and (H) any other areas of the public and private sectors determined relevant by the Commission. SEC. 5. COMPOSITION OF THE COMMISSION. (a) Members.--Subject to the requirements of subsection (b), the Commission shall be composed of 21 members, appointed by the President, who shall include-- (1) not less than 11 members who are experts in city or regional planning issues; (2) not less than 3 members who are historians or otherwise employed in academic institutions; (3) not less than 3 members who are hombuilders, architects, or contractors; (4) not less than 2 members who are experts in mortgage finance; and (5) not less than 2 members who are experts in small business issues. (b) Qualifications.-- (1) State representation.--The Commission shall include a total of 14 members from the States of Alabama, Mississippi, and Louisiana, and 7 members representative of other States. (c) Deadline for Appointment.--All members of the Commission shall be appointed on or before October 30, 2005. (d) Chairperson; Vice Chairpersons.--The Commission shall have a chairperson and two vice chairpersons, with a resident of each State referred to in subsection (b)(1) holding one of the three positions. (e) Initial Meeting.--The Commission shall meet and begin the operations of the Commission as soon as practicable after appointment of all the members. (f) Quorum; Vacancies.--After its initial meeting, the Commission shall meet upon the call of the Chairperson or a majority of its members. 11 members of the Commission shall constitute a quorum. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. SEC. 6. FUNCTIONS. The functions of the Commission are-- (1) to hold such hearings and conduct such examinations and studies as may be appropriate to carry out the purposes of the Commission under section 2; and (2) to submit to the President and Congress such reports as are required by section 10 containing such findings, conclusions, and recommendations as the Commission shall determine regarding actions, plans, and models for rebuilding neighborhoods and communities affected by Hurricane Katrina. SEC. 7. POWERS OF THE COMMISSION. (a) Hearings and Sessions.--The Commission may, for purposes of carrying out this Act hold hearings, sit and act at times and places, take testimony, receive evidence, and administer oaths. (b) Contracting.--The Commission may enter, to such extent and in such amounts as are provided in appropriation Acts, into contracts to enable the Commission to discharge its duties under this Act. (c) Information From Federal Agencies.--The Commission may secure directly from any department, agency, or instrumentality of the United States any information related to any inquiry of the Commission conducted under this Act. Each such department, agency, or instrumentality shall, to the extent authorized by law, furnish such information directly to the Commission upon request. (d) Assistance From Federal Agencies.-- (1) General services administration.--The Administrator of General Services shall provide to the Commission on a reimbursable basis administrative support and other services for the performance of the Commission's functions. (2) Other departments and agencies.--In addition to the assistance prescribed in paragraph (1), departments and agencies of the United States are authorized to 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) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States. (f) Powers of Subcommittees, Members, and Agents.--Any subcommittee, member, or agent of the Commission may take, if authorized by the Commission, any action which the Commission is authorized to take by this section. SEC. 8. STAFF OF THE COMMISSION. (a) Director.--The Commission shall have a Director who shall be appointed by the Chairperson. (b) Staff.--The Chairperson, in consultation with the Vice Chairpersons, may appoint additional personnel as may be necessary to enable the Commission to carry out its functions. (c) Applicability of Certain Civil Service Laws.--The Director and staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates; except that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. Any individual appointed under subsection (a) or (b) shall be treated as an employee for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of such title. (d) Detailees.--Any Federal Government employee may be detailed to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption. (e) Consultant Services.--The Commission is authorized to 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. SEC. 9. COMPENSATION AND TRAVEL EXPENSES. (a) Compensation.--Each member of the Commission may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission. (b) Travel Expenses.--While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code. SEC. 10. REPORTS; TERMINATION. (a) Initial Report.--Not later than 90 days after the date of the first meeting of the Commission, the Commission shall submit to the President and the Congress an initial report containing such findings, conclusions, and recommendations for the rebuilding of communities and neighborhoods affected by Hurricane Katrina as have been agreed to by a majority of Commission members. (b) Incremental Reports.--The Commission shall submit to the President and the Congress an incremental report containing such findings, conclusions, and recommendations for the rebuilding of communities and neighborhoods affected by Hurricane Katrina as have been agreed to by a majority of Commission members, at each of the following times: (1) Not later than 12 months after the submission of the initial report of the Commission. (2) Not later than 24 months after the submission of the initial report of the Commission. (c) Termination.-- (1) In general.--The Commission, and all the authorities of this Act, shall terminate 60 days after the date on which the second incremental report is submitted under subsection (b)(2). (2) Administrative activities before termination.--The Commission may use the 60-day period referred to in paragraph (1) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its reports. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Commission to carry out this Act $7,500,000. Such funds shall remain available until expended. | Gulf State Community Renewal Commission Act - Establishes the Gulf State Community Renewal Commission to: (1) examine, evaluate, and report on the rebuilding of both urban and rural communities in areas that were affected by Hurricane Katrina; (2) identify actions necessary for rebuilding such communities and neighborhoods; and (3) create rebuilding models and plans. Requires the models and plans to address: (1) transportation needs; (2) economic development and job creation; (3) the tourism industry; (4) housing needs; (5) agriculture development; (6) environmental concerns; and (7) natural disaster mitigation. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Superfund Polluter Pays Restoration Act of 2014''. SEC. 2. EXTENSION AND MODIFICATION OF SUPERFUND EXCISE TAXES. (a) Extension.--Subsection (e) of section 4611 of the Internal Revenue Code of 1986 is amended to read as follows: ``(e) Application of Hazardous Substance Superfund Financing Rate.--The Hazardous Substance Superfund financing rate under this section shall apply after December 31, 1986, and before January 1, 1996, and after the date that is 60 days after the date of the enactment of the Superfund Polluter Pays Restoration Act of 2014.''. (b) Modification of Hazardous Substance Superfund Financing Rate.-- (1) In general.--Section 4611(c)(2)(A) of such Code is amended by striking ``9.7 cents'' and inserting ``15.8 cents''. (2) Inflation adjustment.--Section 4611(c) of such Code is amended by adding at the end the following new paragraph: ``(3) Adjustment for inflation.-- ``(A) In general.--In the case of any taxable year beginning after December 31, 2014, the amount under paragraph (2)(A) shall be increased by an amount equal to-- ``(i) such amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which such taxable year begins by substituting `calendar year 2013' for `calendar year 1992' in subparagraph (B) thereof. ``(B) Rounding.--If any increase determined under this paragraph is not a multiple of 0.1 cents, such increase shall be rounded to the next lowest multiple of 0.1 cents.''. (c) Modification of Rate of Tax on Certain Chemicals.--Section 4661(b) of the Internal Revenue Code of 1986 is amended to read as follows: ``(b) Amount of Tax.-- ``(1) In general.--The amount of tax imposed by subsection (a) shall be determined in accordance with the following table: ------------------------------------------------------------------------ The tax is the following ``In the case of: amount per ton: ------------------------------------------------------------------------ Acetylene.................................... $11.00 Benzene...................................... 11.00 Butane....................................... 11.00 Butylene..................................... 11.00 Butadiene.................................... 11.00 Ethylene..................................... 11.00 Methane...................................... 7.77 Napthalene................................... 11.00 Propylene.................................... 11.00 Toluene...................................... 11.00 Xylene....................................... 11.00 Ammonia...................................... 5.96 Antimony..................................... 10.05 Antimony trioxide............................ 8.47 Arsenic...................................... 10.05 Arsenic trioxide............................. 7.70 Barium sulfide............................... 5.19 Bromine...................................... 10.05 Cadmium...................................... 10.05 Chlorine..................................... 6.10 Chromium..................................... 10.05 Chromite..................................... 3.43 Potassium dichromate......................... 3.82 Sodium dichromate............................ 4.22 Cobalt....................................... 10.05 Cupric sulfate............................... 4.22 Cupric oxide................................. 8.11 Cuprous oxide................................ 8.96 Hydrochloric acid............................ 0.65 Hydrogen fluoride............................ 9.55 Lead oxide................................... 9.35 Mercury...................................... 10.05 Nickel....................................... 10.05 Phosphorus................................... 10.05 Stannous chloride............................ 6.43 Stannic chloride............................. 4.79 Zinc chloride................................ 5.01 Zinc sulfate................................. 4.29 Potassium hydroxide.......................... 0.50 Sodium hydroxide............................. 0.63 Sulfuric acid................................ 0.59 Nitric acid.................................. 0.54. ------------------------------------------------------------------------ ``(2) Adjustment for inflation.-- ``(A) In general.--In the case of any taxable year beginning after December 31, 2014, each of the dollar amounts in the table in paragraph (1) shall be increased by an amount equal to-- ``(i) such amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which such taxable year begins by substituting `calendar year 2013' for `calendar year 1992' in subparagraph (B) thereof. ``(B) Rounding.--If any increase determined under this paragraph is not a multiple of $0.01, such increase shall be rounded to the next lowest multiple of $0.01.''. (d) Effective Date.--The amendments made by this section shall apply to oil and petroleum products received or entered during calendar quarters beginning more than 60 days after the date of the enactment of this Act. SEC. 3. CLARIFICATION OF DEFINITION OF CRUDE OIL FOR EXCISE TAX PURPOSES. (a) Definition of Crude Oil.--Paragraph (1) of section 4612(a) of the Internal Revenue Code of 1986 is amended to read as follows: ``(1) Crude oil.--The term `crude oil' includes crude oil condensates, natural gasoline, any bitumen or bituminous mixture, any oil derived from a bitumen or bituminous mixture (including oil derived from tar sands), and any oil derived from kerogen-bearing sources (including oil derived from oil shale).''. (b) Effective Date.--The amendment made by this section shall apply to oil and petroleum products received or entered during calendar quarters beginning more than 60 days after the date of the enactment of this Act. SEC. 4. USE OF HAZARDOUS SUBSTANCE SUPERFUND FOR CLEANUP. (a) Availability of Amounts.--Section 111 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9611) is amended-- (1) in subsection (a) by striking ``For the purposes specified'' and all that follows through ``for the following purposes:'' and inserting the following: ``The amount in the Hazardous Substance Superfund established under section 9507 of the Internal Revenue Code of 1986 shall be available, without further appropriation, to be used for the purposes specified in this section. The President shall use such amount for the following purposes:''; and (2) in subsection (c)-- (A) by striking ``Subject to such amounts as are provided in appropriations Acts, the'' each place it appears and inserting ``The''; and (B) in paragraph (12) by striking ``to the extent that such costs'' and all that follows through ``and 1994''. (b) Amendment to the Internal Revenue Code.--Section 9507 of the Internal Revenue Code of 1986 is amended-- (1) in subsection (c)(1)-- (A) by striking ``, as provided in appropriations Acts,''; and (B) by striking ``the Superfund Amendments and Reauthorization Act of 1986'' in clause (i) thereof and inserting ``the Superfund Polluter Pays Restoration Act of 2014''; and (2) in subsection (d)(3), by striking subparagraph (B) and redesignating subparagraph (C) as subparagraph (B). | Superfund Polluter Pays Restoration Act of 2014 - Amends the Internal Revenue Code to: (1) reinstate the Hazardous Substance Superfund financing rate beginning 60 days after enactment of this Act; (2) increase such rate from 9.7 cents to 15.8 cents per barrel of crude oil; (3) adjust for inflation in taxable years beginning after 2014 the $3.5 billion Superfund threshold after which no tax is imposed; (4) reinstate and increase the rates of tax on taxable chemicals; (5) modify the definition of "crude oil" to include any bitumen or bituminous mixture, any oil derived from such mixture (including oil derived from tar sands), and any oil derived form kerogen-bearing sources (including oil derived from oil shale); and (6) allow the use of the Superfund for environmental remediation without further appropriation. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Learning Differences Act of 1998''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) Disability is a natural part of the human experience and encompasses physical, mental, and cognitive impairments. The term ``learning disability'' refers to a number of specific learning disabilities, such as dyslexia. These disorders may manifest themselves in an imperfect ability to listen, think, speak, read, write, spell, reason, or perform mathematical calculations. Learning disabilities tend to endure from childhood into adulthood. (2) 2,600,000 of the 5,100,000 children with disabilities served under the Individuals with Disabilities Education Act in elementary and secondary education are children with learning disabilities. (3) About 2 percent of all undergraduate students nationwide report having a learning disability. Different teaching strategies are needed to enable them to develop their talents and perform up to their capacity. (4) A greater number of individuals with learning disabilities can benefit from postsecondary education, and contribute more fully to society and the economy, with adequate and appropriate programs, services, adaptations, and accommodations. (5) Civil rights laws protect individuals with disabilities, including individuals with learning disabilities, in postsecondary education, and institutions of higher education require assistance to comply with these laws. (6) Exemplary institutions of higher education dedicated to meeting the needs of individuals with learning disabilities exist and can serve as a national resource for other institutions in educating these students. (b) Purposes.--The purposes of this Act are as follows: (1) To assist model institutions of higher education with demonstrated prior experience in serving individuals with learning disabilities. (2) To demonstrate and disseminate programs, services, adaptations, accommodations, strategies, and approaches to teaching individuals with disabilities in postsecondary education. SEC. 3. PROGRAM AUTHORITY. (a) In General.--The Secretary of Education may award grants to, and enter into contracts and cooperative agreements with, not more than 5 institutions of higher education that are described in section 4 for demonstration projects to develop, test, and disseminate, in accordance with section 5, methods, techniques, and procedures for ensuring equal educational opportunity for individuals with learning disabilities in postsecondary education. (b) Award Basis.--Grants, contracts, and cooperative agreements shall be awarded on a competitive basis. (c) Award Period.--Grants, contracts, and cooperative agreements shall be awarded for a period of 3 years. SEC. 4. ELIGIBLE ENTITIES. Entities eligible to apply for a grant, contract, or cooperative agreement under this Act are institutions of higher education (as defined in section 1201 of the Higher Education Act of 1956) with demonstrated prior experience with meeting the postsecondary educational needs of individuals with learning disabilities. SEC. 5. REQUIRED ACTIVITIES. A recipient of a grant, contract, or cooperative agreement under this Act shall use the funds received under this Act to carry out each of the following activities: (1) Developing or identifying innovative, effective, and efficient approaches, strategies, supports, modifications, adaptations, and accommodations that enable individuals with learning disabilities to fully participate in postsecondary education. (2) Synthesizing research and other information related to the provision of services to individuals with learning disabilities in postsecondary education. (3) Conducting training sessions for personnel from other institutions of higher education to enable them to meet the special needs of postsecondary students with learning disabilities. (4) Preparing and disseminating products based upon the activities described in paragraphs (1) through (3). (5) Coordinating findings and products from the activities described in paragraphs (1) through (4) with other similar products and findings through participation in conferences, groups, and professional networks involved in the dissemination of technical assistance and information on postsecondary education. SEC. 6. PRIORITY. The Secretary of Education shall ensure that, to the extent feasible, there is a national geographic distribution of grants, contracts, and cooperative agreements awarded under this Act throughout the States, except that the Secretary may give priority to a historically Black college or university that satisfies the requirements of section 4. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $10,000,000 for each of the fiscal years 1999 through 2001. | Learning Differences Act of 1998 - Authorizes the Secretary of Education to award grants to, and enter into contracts and cooperative agreements with, as many as five institutions of higher education, on a competitive basis, for demonstration projects to develop, test, and disseminate methods, techniques, and procedures for ensuring equal educational opportunity in postsecondary education for individuals with learning disabilities. Requires national geographic distribution of such awards, to the extent feasible, but authorizes giving priority to a historically Black college or university that meets specified eligibility requirements. Authorizes appropriations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Civilian Ex-Prisoner of War Health and Disability Benefits Act of 1994''. SEC. 2. MEDICAL CARE AND DISABILITY BENEFITS. (a) Eligibility.--A former civilian prisoner of war is entitled to receive necessary medical care and disability benefits for any injury or disability resulting from the period of internment or hiding. Any presumptive medical and dental condition related to a period of internment provided for former military prisoners of war under section 1112(b) of title 38, United States Code, shall be extended to former civilian prisoners of war and shall be considered to have been incurred in or aggravated by such period of internment or hiding without regard to the absence of any record of such injury. (b) Payment of Benefits.--Prompt monetary payment or reimbursement shall be facilitated for reasonable and necessary expenditures for all medical treatment, including rehabilitation, mental health services, and dental care, provided for under this section for which a claim and any documentation determined necessary by the Secretary of Labor has been filed with the Secretary of Labor. (c) Waiver of Limitations.--There shall be no limitation on the total medical or disability benefits which a person may receive for any injury or disability resulting from the period of internment or hiding. (d) Rate of Compensation.--Compensation for disability shall be equal to the weekly equivalent of the minimum monthly rate of compensation payable for a total disability covered by chapter 81 of title 5, United States Code, as computed under section 8112(a) of such title. (e) Crediting Benefits Under the Social Security Act.--The benefits provided by this section to any individual shall be reduced to the extent such benefits are provided under title XVIII of the Social Security Act, or any private insurance, for the same medical condition or disability. SEC. 3. ADVISORY COMMITTEE. (a) Establishment.--The Secretary of Labor shall establish an advisory committee to be known as the Former Civilian Prisoner of War Committee (hereafter in this section referred to as the ``advisory committee''). The members of the advisory committee shall be appointed by the Secretary of Labor from the general public and shall include appropriate representatives of former civilian prisoners of war and individuals who are recognized authorities in fields pertinent to the injuries and disabilities prevalent among former civilian prisoners of war. (b) Authority of the Secretary of Labor.--The Secretary of Labor shall determine the number, terms of service, and pay and allowances of members of the advisory committee. The Secretary of Labor shall consult with and seek the advice of the advisory committee with respect to the administration of benefits under this Act. (c) Report.--Not later than January 1, 1996, the Secretary of Labor shall submit to Congress a report on the programs and activities of the Department of Labor that pertain to those former civilian prisoners of war. The Secretary of Labor shall include in the report-- (A) an assessment of the needs of such civilian prisoners of war with respect to health and disability benefits; (B) a review of the programs and activities of the Office of Workers' Compensation Program designed to meet such needs; and (C) such recommendations as the advisory committee considers to be appropriate. (d) Information on Benefits.--Not later than 90 days after the date of enactment of this Act, and at appropriate times thereafter, the Secretary of Labor shall seek out former civilian prisoners of war and provide them with information regarding applicable changes in law, regulations, and services to which such citizens are entitled by virtue of this Act. SEC. 4. REGULATIONS. The Secretary of Labor shall prescribe regulations as may be necessary to ensure that benefits provided to former civilian prisoners of war under this Act are coordinated with and do not duplicate any benefits provided such persons under the War Claims Act. SEC. 5. DEFINITIONS. For purposes of this Act-- (1) the term ``former civilian prisoner of war'' means a person determined by the Department of Labor, in consultation with the Department of State and the Department of Defense, as being someone who, being then a citizen of the United States was forcibly interned by an enemy government or its agents, or a hostile force, or who went into hiding in order to avoid capture by such government, its agents, or hostile force, during a period of war, or other period for at least 30 days, including those interned or who went into hiding during the Asian-Pacific Theater or in the European Theater of World War II during the period beginning September 1, 1939, and ending December 31, 1946, in Korea during the period beginning June 25, 1950, and ending July 1, 1955, or in Vietnam during the period beginning February 28, 1961, and ending on the date designated by the President by Executive order as the date of termination of the Vietnam conflict, except-- (A) a person who at any time voluntarily gave aid to, collaborated with, or in any manner served such government, or (B) a person who at the time of his capture or entrance into hiding was-- (i) a person within the purview of the Act entitled ``An Act to provide compensation for employees of the United States suffering injuries while in the performance of their duties, and for other purposes'', approved September 7, 1916, as amended, and as extended; (ii) a person within the purview of the Act entitled ``An Act to provide benefits for the injury, disability, death, or enemy detention of employees of contractors with the United States, and for other purposes'', approved December 2, 1942, as amended; or (iii) a regularly appointed, enrolled, enlisted, or inducted member of any military or naval force; and (2) the term ``hostile force'' means any nation, or any national thereof, or any other person serving a foreign nation-- (A) engaged in war against the United States or any of its allies; or (B) engaged in armed conflict, whether or not war has been declared, against the United States or any of its allies. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act, such sums as may be necessary for each of the fiscal years 1995 through 2000. | Civilian Ex-Prisoner of War Health and Disability Benefits Act of 1994 - Entitles a former civilian prisoner of war (POW) to receive necessary medical care and disability benefits for any injury or disability resulting from the period of internment or hiding. Requires any presumptive medical and dental condition related to a period of internment provided for former military POWs to be extended to former civilian POWs and requires that it be considered to have been incurred in or aggravated by the period of internment or hiding regardless of the absence of any record of the injury. Establishes the Former Civilian Prisoner of War Committee. Authorizes appropriations for FY 1995 through 2000. |
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. (a) Short Title.--This Act may be cited as the ``Middle Class Tax Relief Act of 1993''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. TITLE I--TAX RELIEF FOR MIDDLE-INCOME TAXPAYERS SEC. 101. INCREASE IN PERSONAL EXEMPTION AMOUNT. (a) In General.--Paragraph (1) of section 151(d) (defining exemption amount) is amended to read as follows: ``(1) In general.--Except as otherwise provided in this subsection, the term `exemption amount' means the sum of-- ``(A) a regular exemption amount equal to $2,000, and ``(B) an additional exemption amount equal to $1,000, in the case of a middle-income taxpayer.'' (b) Phaseout of Additional Exemption Amount.--Subsection (d) of section 151 is amended by redesignating paragraph (4) as paragraph (5), and by inserting after paragraph (3) the following new paragraph: ``(4) Special rules relating to middle-income taxpayer additional exemption amount.-- ``(A) Definition of middle-income taxpayer.-- ``(i) In general.--For purposes of this subsection, the term `middle-income taxpayer' means a taxpayer whose adjusted gross income for the taxable year does not exceed the applicable maximum dollar amount. ``(ii) Applicable maximum dollar amount.-- For purposes of this paragraph, the term `applicable maximum dollar amount' means-- ``(I) $102,000 in the case of a joint return or a surviving spouse (as defined in section 2(a)), ``(II) $87,300 in the case of a head of household (as defined in section 2(b)), ``(III) $61,000 in the case of an individual who is not married and is not a surviving spouse or head of household, and ``(IV) $51,000 in the case of a married individual filing a separate return. ``(B) Phaseout of additional exemption amount.-- ``(i) In general.--In the case of any middle-income taxpayer whose adjusted gross income exceeds the applicable transition dollar amount, the additional exemption amount shall be reduced by the amount determined under clause (ii). ``(ii) Amount of reduction.--The amount determined under this clause with respect to the additional exemption amount shall be the amount which bears the same ratio to the additional exemption amount as-- ``(I) the excess of the taxpayer's adjusted gross income for the taxable year over the applicable transition dollar amount, bears to ``(II) the excess of the applicable maximum dollar amount over the applicable transition dollar amount. ``(iii) Applicable transition dollar amount.--For purposes of this subparagraph, the term `applicable transition dollar amount' means-- ``(I) $47,000 in the case of a joint return or a surviving spouse (as defined in section 2(a)), ``(II) $37,000 in the case of a head of household (as defined in section 2(b)), ``(III) $28,000 in the case of an individual who is not married and is not a surviving spouse or head of household, and ``(IV) $23,500 in the case of a married individual filing a separate return.'' (c) Inflation Adjustments.--Paragraph (5) of section 151(d) (as so redesignated by subsection (b) of this section) is amended by adding at the end the following new subparagraph: ``(C) Adjustments relating to additional exemption amount.--In the case of any taxable year beginning in a calendar year after 1994, the dollar amount contained in paragraph (1)(B) and each dollar amount contained in paragraph (4) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 1993' for `calendar year 1989' in subparagraph (B) of such section.'' (d) Conforming Amendments.-- (1) Paragraph (6) of section 1(f) is amended by striking ``section 151(d)(4)'' each place it appears and inserting ``section 151(d)(5)''. (2) Paragraph (3) of section 151(d) is amended-- (A) in the paragraph caption, by inserting ``of regular exemption amount'' after ``Phaseout'', and (B) in subparagraph (A), by inserting ``regular'' before ``exemption amount''. (3) Subparagraph (A) of section 151(d)(5) (as so redesignated by subsection (b) of this section) is amended-- (A) in the matter preceding clause (i) by striking ``paragraph (1)'' and inserting ``paragraph (1)(A)'', and (B) by striking ``basic'' in the heading and inserting ``regular''. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1993. TITLE II--REVENUE PROVISIONS SEC. 201. INCREASE IN RATE OF INDIVIDUAL INCOME TAX FOR HIGH-INCOME TAXPAYERS. (a) In General.-- (1) Married individuals filing joint returns and surviving spouses.--Subsection (a) of section 1 (relating to tax imposed on married individuals filing joint returns and surviving spouses) is amended by striking the item beginning ``Over $78,400'' and inserting the following new items: ``Over $78,400 but not over $100,000. $17,733.50, plus 31% of the excess over $78,400. ``Over $100,000................ $24,429.50, plus 36% of the excess over $100,000.'' (2) Heads of households.--Subsection (b) of section 1 (relating to tax imposed on heads of households) is amended by striking the item beginning ``Over $67,200'' and inserting the following new items: ``Over $67,200 but not over $85,000. $15,429.50, plus 31% of the excess over $67,200. ``Over $85,000................. $20,947.50, plus 36% of the excess over $85,000.'' (3) Unmarried individuals (other than surviving spouses and heads of households).--Subsection (c) of section 1 (relating to tax imposed on unmarried individuals, other than surviving spouses and heads of households) is amended by striking the item beginning ``Over $47,050'' and inserting the following new items: ``Over $47,050 but not over $70,000. $10,645.50, plus 31% of the excess over $47,050. ``Over $70,000................. $17,760, plus 36% of the excess over $70,000.'' (4) Married individuals filing separate returns.-- Subsection (d) of section 1 (relating to tax imposed on married individuals filing separate returns) is amended by striking the item beginning ``Over $39,200'' and inserting the following new items: ``Over $39,200 but not over $50,000. $8,866.75, plus 31% of the excess over $39,200. ``Over $50,000................. $12,214.75, plus 36% of the excess over $50,000.'' (5) Estates and trusts.--Subsection (e) of section 1 (relating to tax imposed on estates and trusts) is amended by striking the item beginning ``Over $9,900'' and inserting the following new items: ``Over $9,900 but not over $12,600. $2,343, plus 31% of the excess over $9,900. ``Over $12,600................. $3,180, plus 36% of the excess over $12,600.'' (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1993. SEC. 202. SURTAX ON INDIVIDUALS WITH INCOMES OVER $225,000. (a) General Rule.--Subchapter A of chapter 1 (relating to determination of tax liability) is amended by adding at the end the following new part: ``PART VIII--SURTAX ON INDIVIDUALS WITH INCOMES OVER $225,000 ``Sec. 59B. Surtax on section 1 tax. ``Sec. 59C. Surtax on minimum tax. ``Sec. 59D. Special rules. ``SEC. 59B. SURTAX ON SECTION 1 TAX. ``In the case of an individual who has taxable income for the taxable year in excess of $225,000, the amount of the tax imposed under section 1 for such taxable year shall be increased by 15 percent of the amount which bears the same ratio to the tax imposed under section 1 (determined without regard to this section) as-- ``(1) the amount by which the taxable income of such individual for such taxable year exceeds $225,000, bears to ``(2) the total amount of such individual's taxable income for such taxable year. ``SEC. 59C. SURTAX ON MINIMUM TAX. ``In the case of an individual who has alternative minimum taxable income for the taxable year in excess of $225,000, the amount of the tentative minimum tax determined under section 55 for such taxable year shall be increased by 2.5 percent of the amount by which the alternative minimum taxable income of such taxpayer for the taxable year exceeds $225,000. ``SEC. 59D. SPECIAL RULES. ``(a) Surtax to Apply to Estates and Trusts.--For purposes of this part, the term `individual' includes any estate or trust taxable under section 1. ``(b) Treatment of Married Individuals Filing Separate Returns.--In the case of a married individual (within the meaning of section 7703) filing a separate return for the taxable year, sections 59B and 59C shall be applied by substituting `$112,500' for `$225,000'. ``(c) Coordination With Other Provisions.--The provisions of this part shall be applied-- ``(1) after the application of section 1(h), but ``(2) before the application of any other provision of this title which refers to the amount of tax imposed by section 1 or 55, as the case may be.'' (b) Clerical Amendment.--The table of parts for such subchapter A is amended by adding at the end the following new item: ``Part VIII. Surtax on individuals with incomes over $225,000.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1993. SEC. 203. INCREASE IN RATE OF CORPORATE INCOME TAX. (a) In General.--Subparagraph (C) of section 11(b)(1) (relating to amount of tax) is amended by striking ``34 percent'' and inserting ``36 percent''. (b) Conforming Amendment.--Paragraph (2) of section 11(b) (relating to ineligibility of personal service corporations for graduated rate) is amended by striking ``34 percent'' and inserting ``36 percent''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1993. SEC. 204. INCREASE IN RATE OF INDIVIDUAL ALTERNATIVE MINIMUM TAX. (a) In General.--Subparagraph (A) of section 55(b)(1) (relating to tentative minimum tax) is amended by striking ``24 percent'' and inserting ``27 percent''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 1993. | TABLE OF CONTENTS: Title I: Tax Relief for Middle-Income Taxpayers Title II: Revenue Provisions Middle Class Tax Relief Act of 1993 - Title I: Tax Relief for Middle-Income Taxpayers - Amends the Internal Revenue Code to provide an additional exemption amount ($1,000) to the regular personal exemption ($2,000) for middle-income taxpayers. Specifies the maximum gross income amounts for such taxpayers. Provides a formula for reducing the additional exemption amount for middle-income taxpayers whose incomes exceed certain transitional dollar amounts. Provides for inflation adjustments of amounts under this title. Title II: Revenue Provisions - Increases the individual income tax rates for certain high-income taxpayers. Imposes a surtax on the individual tax rate or the alternative minimum tax rate for individuals whose incomes exceed $225,000. Increases the rates of corporate income tax and of alternative minimum tax. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Control Your Personal Credit Information Act of 2018''. SEC. 2. PERMISSIBLE PURPOSES OF REPORTS. (a) In General.--The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended-- (1) in section 604 (15 U.S.C. 1681b)-- (A) by striking subsections (c) through (e) and inserting the following: ``(c) Conditions for Furnishing Certain Consumer Reports.-- ``(1) In general.--A consumer reporting agency may furnish a consumer report for the following purposes only if the consumer provides the consumer reporting agency with affirmative written consent to furnish the consumer report, after furnishing proper identification under section 610: ``(A) An extension of credit pursuant to subsection (a)(3)(A). ``(B) The underwriting of insurance pursuant to subsection (a)(3)(C). ``(2) Additional reports; election.--After a consumer has provided affirmative written consent and furnished proper identification under paragraph (1) to a consumer reporting agency, the consumer reporting agency may continue to furnish consumer reports solely for the purposes of reviewing or collecting on an account described in subparagraphs (A) and (C) of subsection (a)(3). ``(3) Furnishing reports in connection with credit or insurance transactions that are not initiated by consumer.-- ``(A) In general.--A consumer reporting agency may furnish a consumer report to a person in connection with any credit or insurance transaction under subparagraph (A) or (C) of subsection (a)(3) that is not initiated by the consumer only if-- ``(i) the consumer provides the consumer reporting agency affirmative written consent to furnish the consumer report, after furnishing proper identification under section 610; and ``(ii) the transaction consists of a firm offer of credit or insurance. ``(B) Election.--The consumer may elect to-- ``(i) have the consumer's name and addresses included in lists of names and addresses provided by the consumer reporting agency pursuant to subparagraphs (A) and (C) of subsection (a)(3) in connection with any credit or insurance transaction that is not initiated by the consumer only if-- ``(I) the consumer provides the consumer reporting agency affirmative written consent to furnish the consumer report, after furnishing proper identification under section 610; and ``(II) the transaction consists of a firm offer of credit or insurance; and ``(ii) revoke at any time the election pursuant to clause (i) to have the consumer's name and address included in lists provided by a consumer reporting agency. ``(C) Information regarding inquiries.--Except as provided in section 609(a)(5), a consumer reporting agency shall not furnish to any person a record of inquiries in connection with a credit or insurance transaction that is not initiated by a consumer. ``(4) Disclosures.-- ``(A) In general.--A person may not procure a consumer report for any purpose pursuant to subparagraphs (D), (F), and (G) of subsection (a)(3) unless-- ``(i) a clear and conspicuous disclosure has been made in writing to the consumer at any time before the report is procured or caused to be procured, in a document that consists solely of the disclosure, that a consumer report may be obtained for such purposes; and ``(ii) the consumer has authorized in writing the procurement of the consumer report by that person. ``(B) Authorizations.--The authorization described in subparagraph (A)(ii) may be made on the disclosure document provided under subparagraph (A)(i). ``(5) Rule making.--Not later than 180 days after the date of enactment of the Control Your Personal Credit Information Act of 2018, the Director of the Bureau shall promulgate regulations that-- ``(A) implement this subsection; ``(B) establish a model form for the disclosure document pursuant to paragraph (4) and define the term clear and conspicuous disclosure; ``(C) establish guidelines that permit consumers to provide a single written authorization as required by paragraph (1) for a specific time period for multiple users for the specified purpose during that time period; ``(D) require a consumer reporting agency to provide to each consumer a secure, convenient, accessible, and cost-free method by which a consumer may allow or disallow the furnishing of consumer reports pursuant to this subsection; and ``(E) require a consumer reporting agency not later than 2 business days after the date on which a consumer makes an election to revoke the consumer's inclusion of the consumer's name and address in lists provided by a consumer reporting agency pursuant to paragraph (3)(B) to implement that election. ``(6) Prohibitions.-- ``(A) In general.--The method described in paragraph (5)(D) shall not be used to-- ``(i) collect any information on a consumer that is not necessary for the purpose of the consumer to allow or disallow the furnishing of consumer reports; or ``(ii) advertise any product or service. ``(B) No waiver.--In the offering of a method described in paragraph (5)(D), a consumer reporting agency shall not require a consumer to waive any rights nor indemnify the consumer reporting agency from any liabilities arising from the offering of such method. ``(7) Reports.-- ``(A) CFPB.-- ``(i) Recommendation.--Not later than 180 days after the date of enactment of the Control Your Personal Credit Information Act of 2018, the Director of the Bureau shall, after consultation with the Federal Deposit Insurance Corporation, the National Credit Union Administration, and other Federal and State regulators as the Director of the Bureau determines are appropriate, submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives recommendations on how to provide consumers greater transparency and personal control over their consumer reports furnished for permissible purposes under subsections (a)(3)(E) and (a)(6). ``(ii) Report.--The Director of the Bureau shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives an annual report that includes recommendations on how this subsection may be improved, a description of enforcement actions taken to demonstrate compliance with this subsection, recommendations on how to improve oversight of consumer reporting agencies and users of consumer reports, and any other recommendations concerning how consumers may be provided greater transparency and control over their personal information. ``(B) GAO.-- ``(i) Study.--The Comptroller General of the United States shall conduct a study on what additional protections or restrictions may be needed to ensure that the information collected in consumer files is secure and does not adversely impact consumers. ``(ii) Report.--Not later than 1 year after the date of enactment of the Control Your Personal Credit Information Act of 2018, the Comptroller General of the United States shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report on the results of the study under clause (i), which shall include-- ``(I) to the greatest extent possible, the presentation of unambiguous conclusions and specific recommendations for further legislative changes needed to ensure that the information collected in consumer files is secure and does not adversely impact consumers; and ``(II) if no recommendations for further legislative changes are presented, a detailed explanation of why no such changes are recommended.''; (B) by redesignating subsections (f) and (g) as subsections (d) and (e), respectively; and (C) by adding at the end the following: ``(f) No Fees.--No consumer reporting agency may charge a consumer any fee for any activity pursuant to this section.''; (2) in section 607(a) (15 U.S.C. 1681e(a)), by inserting ``Every consumer reporting agency shall use commercially reasonable efforts to avoid unauthorized access to consumer reports and information in the file of a consumer maintained by the consumer reporting agency, including complying with any appropriate standards established under section 501(b) of the Gramm-Leach-Bliley Act (15 U.S.C. 6801(b)).'' after the end of the third sentence; (3) in section 609 (15 U.S.C. 1681g), by striking subsection (b) and inserting the following: ``(b) Scope of Disclosure.--The Director of the Bureau shall promulgate regulations to clarify that any information held by a consumer reporting agency about a consumer shall be disclosed to the consumer when a consumer makes a written request, irrespective of whether the information is held by the parent, subsidiary, or affiliate of a consumer reporting agency.''; and (4) in section 610(a)(1) (15 U.S.C. 1681h(a)(1)), by striking ``section 609'' and inserting ``sections 604 and 609''. (b) Technical and Conforming Amendments.--The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended-- (1) in section 603(d)(3) (15 U.S.C. 1681a(d)(3)), in the matter preceding subparagraph (A), by striking ``604(g)(3)'' and inserting ``604(e)(3)''; (2) in section 615(d) (15 U.S.C. 1681m(d))-- (A) in paragraph (1)-- (i) in the matter preceding subparagraph (A), by striking ``604(c)(1)(B)'' and inserting ``604(c)(3)(A)(ii)''; and (ii) in subparagraph (E), by striking ``604(e)'' and inserting ``604(c)(5)(D)''; and (B) in paragraph (2)(A), by striking ``604(e)'' and inserting ``604(c)(5)(D)''; and (3) in section 625(b)(1)(A) (15 U.S.C. 1681t(b)(1)(A)), by striking ``subsection (c) or (e) of section 604'' and inserting ``604(c)''. | Control Your Personal Credit Information Act of 2018 This bill amends the Fair Credit Reporting Act to require a consumer's affirmative written consent before a consumer reporting agency may share that consumer's report with third parties for specified purposes. A consumer must provide proper identification when giving this consent. (Currently, this sharing is generally allowed unless a consumer opts out.) If the consumer provides consent, a consumer reporting agency may share information with a third party for: an extension of credit, or the underwriting of insurance. A consumer reporting agency may provide a consumer report in connection with transactions not initiated by the consumer only if: the consumer provides affirmative consent, and the transaction consists of a firm offer of credit or insurance. The Government Accountability Office must report on how best to protect information collected in consumer files. Consumer reporting agencies may not charge consumers fees in connection with furnishing consumer reports. The bill requires consumer reporting agencies to use reasonable efforts to prevent data breaches of consumer reports. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Correcting Obstructions to Mediate, Prevent, and Limit Inaccessibility Act'' or the ``COMPLI Act''. SEC. 2. NOTICE AND COMPLIANCE OPPORTUNITY UNDER THE AMERICANS WITH DISABILITIES ACT. Section 308(a)(1) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12188(a)(1)) is amended-- (1) by striking ``procedures.--'' and all that follows through ``The'', and inserting the following: ``procedures.-- ``(A) In general.--Subject to subparagraph (B), the''; and (2) by adding at the end the following: ``(B) Notice and compliance opportunity.--A civil action for discrimination described in section 302(b)(2) may not be commenced by a person aggrieved by such discrimination unless-- ``(i) such person has provided to the owner or operator of such accommodation a written notice by certified mail specific enough to allow such owner or operator to identify such barrier; ``(ii) such notice shall include the date and time that such person was denied access to the public accommodation as a result of the barrier; ``(iii) such notice specifies that the owner or operator has 90 days to remove the barrier or correct the violation before a civil action will be brought; ``(iv) such owner or operator failed to remove such barrier or correct such violation within 90 days beginning on the date such notice was received; ``(v) the civil action states that the person bringing the action has notified the owner or operator against whom the action is brought of the violation as required under this subparagraph and such owner or operator has not corrected the alleged violation within the 90- day period; and ``(vi) the person filing the civil action has refrained from sending any demand letter (other than the notice described in this subparagraph), request for settlement, or other communication to the owner or operator of such accommodation during such 90-day period. ``(C) Notification of corrective action.-- ``(i) In general.--An owner or operator of a public accommodation who is provided notice described in subparagraph (B) shall provide reasonable notification to the public of the alleged violation that is the subject of the notice and of the steps being taken by such owner or operator to remedy the basis for such alleged violation. ``(ii) Penalty for noncompliance.--An owner or operator who does not provide such notification to the public within 15 days after receiving notice of the alleged violation shall not be entitled to the 90-day period to remove the barrier or correct the violation as set forth in subparagraph (B) and a civil action for discrimination described in section 302(b)(2) based on the alleged violation may be commenced immediately after such 15 days. ``(D) Good faith effort.-- ``(i) Additional 30 days.--An owner or operator of a public accommodation who is provided notice described in subparagraph (B) who demonstrates a good faith effort to remove such barrier or correct such violation but is not able to do so within the 90-day period provided shall be entitled to an additional 30 days to comply with such requirements. ``(ii) Factors.--Factors indicating such a good faith effort include that the owner or operator of a public accommodation-- ``(I) has secured the requisite construction permits to start the renovation necessary to remove the barrier or correct the violation; ``(II) has hired contractors to complete such construction and has secured an estimate from the contractor for the date of completion for such renovation; or ``(III) has begun any necessary construction and has worked to minimize delays and complete the required renovation. ``(E) Limitations.-- ``(i) Additional actions.--No civil action for discrimination under section 302(b)(2) may be commenced-- ``(I) during the 90-day period described in subparagraph (B) or, where applicable, the additional 30-day period described in subparagraph (D)(i); or ``(II) while a civil action relating to the same violation is pending. ``(ii) Damages.--In an action described in this paragraph any damages awarded shall be limited to a plaintiff who was actually denied access to or reasonable use of the public accommodation that is the subject of such action.''. SEC. 3. REPORT ON HIGH-FREQUENCY LITIGATORS. Not later than 2 years after the date of enactment of this Act, the Attorney General shall submit a report to Congress that analyzes the impact of the notice and compliance opportunity afforded under section 308(a)(1)(B), as added by this Act. The report shall include-- (1) a determination of the number of persons in each State who have filed 10 or more actions alleging a violation described in section 302(b)(2) of the Americans with Disabilities Act of 1990 within any 12-month period after the date of enactment of this Act; (2) an analysis on whether the notice and compliance opportunity has had an effect on the number of actions commenced alleging such a violation; (3) an analysis on whether the notice and compliance opportunity has impacted an individual's ability to bring a legitimate good-faith accessibility claim under such section; and (4) recommendations on whether a cap on recoverable attorneys fees would reduce the number of such actions brought by individual plaintiffs. | Correcting Obstructions to Mediate, Prevent, and Limit Inaccessibility Act or the COMPLI Act This bill amends the Americans with Disabilities Act of 1990 to prohibit persons aggrieved by certain public accommodation violations from commencing a civil action for discrimination unless they: (1) provide the owner or operator of the accommodation with a written notice that is specific enough to identify the violation; (2) specify in the notice that the owner or operator has 90 days to remove or correct the violation before an action will be brought; and (3) refrain from sending demand letters, requests for settlement, or other communications to the owner or operator during such 90-day period. An owner or operator of a public accommodation who is provided such a notice must notify the public of the alleged violation and the steps being taken to remedy it. Owners or operators are entitled to an additional 30 days to comply if they make a good faith effort but are unable to correct the violation within the original 90-day period. A civil action for discrimination based on such a violation may not be commenced while a civil action relating to the same violation is pending. |
SECTION 1. SHORT TITLE; ETC. (a) Short Title.--This Act may be cited as the ``Work, Hope, and Opportunity for the Disaster Area Today Act''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 2. REDUCTION IN INCOME TAX WITHHOLDING DEPOSITS TO REFLECT FICA PAYROLL TAX CREDIT FOR CERTAIN EMPLOYERS LOCATED IN SPECIFIED PORTIONS OF THE GO ZONE DURING 2007. (a) General Rule.--In the case of any applicable calendar quarter-- (1) the aggregate amount of required income tax deposits of an eligible employer for the calendar quarter following the applicable calendar quarter shall be reduced by the payroll tax credit equivalent amount for the applicable calendar quarter, and (2) the amount of any deduction allowable to the eligible employer under chapter 1 of the Internal Revenue Code of 1986 for taxes paid under section 3111 of such Code with respect to employment during the applicable calendar quarter shall be reduced by such payroll tax credit equivalent amount. For purposes of the Internal Revenue Code of 1986, an eligible employer shall be treated as having paid, and an eligible employee shall be treated as having received, any wages or compensation deducted and withheld but not deposited by reason of paragraph (1). (b) Carryovers of Unused Amounts.--If the payroll tax credit equivalent amount for any applicable calendar quarter exceeds the required income tax deposits for the following calendar quarter-- (1) such excess shall be added to the payroll tax credit equivalent amount for the next applicable calendar quarter, and (2) in the case of the last applicable calendar quarter, such excess shall be used to reduce required income tax deposits for any succeeding calendar quarter until such excess is used. (c) Payroll Tax Credit Equivalent Amount.--For purposes of this section-- (1) In general.--The term ``payroll tax credit equivalent amount'' means, with respect to any applicable calendar quarter, an amount equal to 7.65 percent of the aggregate amount of wages or compensation-- (A) paid or incurred by the eligible employer with respect to employment of eligible employees during the applicable calendar quarter, and (B) subject to the tax imposed by section 3111 of the Internal Revenue Code of 1986. (2) Trade or business requirement.--A rule similar to the rule of section 51(f) of such Code shall apply for purposes of this section. (3) Limitation on wages subject to credit.--For purposes of this subsection, only wages and compensation of an eligible employee in an applicable calendar quarter, when added to such wages and compensation for any preceding applicable calendar quarter, not exceeding $15,000 shall be taken into account with respect to such employee. (d) Eligible Employer; Eligible Employee.--For purposes of this section-- (1) Eligible employer.-- (A) In general.--The term ``eligible employer'' means any employer which conducts an active trade or business in one or more specified portions of the GO Zone and employs not more than 100 full-time employees on the date of the enactment of this Act. (B) Specified portions of the go zone.--The term ``specified portions of the GO Zone'' has the meaning given such term by section 1400N(d)(6)(C) of the Internal Revenue Code of 1986. (2) Eligible employee.--The term ``eligible employee'' means with respect to an eligible employer an employee whose principal place of employment with such eligible employer is in one or more specified portions of the GO Zone. Such term shall not include an employee described in section 401(c)(1)(A). (e) Applicable Calendar Quarter.--For purposes of this section, the term ``applicable calendar quarter'' means any of the 4 calendar quarters beginning in 2007. (f) Special Rules.--For purposes of this section-- (1) Required income tax deposits.--The term ``required income tax deposits'' means deposits an eligible employer is required to make under section 6302 of the Internal Revenue Code of 1986 of taxes such employer is required to deduct and withhold under section 3402 of such Code. (2) Aggregation rules.--Rules similar to the rules of subsections (a) and (b) of section 52 of the Internal Revenue Code of 1986 shall apply. (3) Employers not on quarterly system.--The Secretary of the Treasury shall prescribe rules for the application of this section in the case of an eligible employer whose required income tax deposits are not made on a quarterly basis. (4) Adjustments for certain acquisitions, etc.--Under regulations prescribed by the Secretary-- (A) Acquisitions.--If, after December 31, 2006, an employer acquires the major portion of a trade or business of another person (hereafter in this paragraph referred to as the ``predecessor'') or the major portion of a separate unit of a trade or business of a predecessor, then, for purposes of applying this section for any calendar quarter ending after such acquisition, the amount of wages or compensation deemed paid by the employer during periods before such acquisition shall be increased by so much of such wages or compensation paid by the predecessor with respect to the acquired trade or business as is attributable to the portion of such trade or business acquired by the employer. (B) Dispositions.--If, after December 31, 2006-- (i) an employer disposes of the major portion of any trade or business of the employer or the major portion of a separate unit of a trade or business of the employer in a transaction to which paragraph (1) applies, and (ii) the employer furnishes the acquiring person such information as is necessary for the application of subparagraph (A), then, for purposes of applying this section for any calendar quarter ending after such disposition, the amount of wages or compensation deemed paid by the employer during periods before such disposition shall be decreased by so much of such wages as is attributable to such trade or business or separate unit. (5) Other rules.-- (A) Government employers.--This section shall not apply if the employer is the Government of the United States, the government of any State or political subdivision of the State, or any agency or instrumentality of any such government. (B) Treatment of other entities.--Rules similar to the rules of subsections (d) and (e) of section 52 of such Code shall apply for purposes of this section. SEC. 3. BONUS BUSINESS TRAVEL DEDUCTION IN SPECIFIED PORTIONS OF THE GO ZONE. (a) In General.--Section 274(n)(2) (relating to exceptions) is amended by striking ``or'' at the end of subparagraph (D), by striking the period at the end of subparagraph (E)(iv) and inserting ``, or'', and by inserting after subparagraph (E)(iv) the following new subparagraph: ``(F) such expense is for goods, services, or facilities made available before January 1, 2010, in one or more specified portions of the GO Zone (as defined in section 1400N(d)(6)(C).''. (b) Effective Date.--The amendments made by this section shall apply to expenses paid or incurred after the date of the enactment of this Act, in taxable years ending after such date. SEC. 4. EXTENSION OF INCREASED EXPENSING FOR QUALIFIED SECTION 179 GULF OPPORTUNITY ZONE PROPERTY LOCATED IN SPECIFIED PORTIONS OF THE GO ZONE. Paragraph (2) of section 1400N(e) (relating to qualified section 179 Gulf Opportunity Zone property) is amended-- (1) by striking ``this subsection, the term'' and inserting ``this subsection-- ``(A) In general.--The term'', and (2) by adding at the end the following new subparagraph: ``(B) Extension for certain property.--In the case of property substantially all of the use of which is in one or more specified portions of the GO Zone (as defined in subsection (d)(6)(C)), such term shall include section 179 property (as so defined) which is described in subsection (d)(2), determined-- ``(i) without regard to subsection (d)(6), and ``(ii) by substituting, in subparagraph (A)(v) thereof-- ``(I) `2009' for `2007', and ``(II) `2009' for `2008'.''. SEC. 5. EXTENSION OF WORK OPPORTUNITY TAX CREDIT FOR HURRICANE KATRINA EMPLOYEES HIRED BY SMALL BUSINESSES LOCATED IN SPECIFIED PORTIONS OF THE GO ZONE. (a) In General.--Section 201(b)(1) of the Katrina Emergency Tax Relief Act of 2005 (Public Law 109-73) is amended by striking ``who is hired during the 2-year period'' and all that follows and inserting ``who-- ``(A) is hired during the 2-year period beginning on such date for a position the principal place of employment which is located in the core disaster area, or ``(B) is hired-- ``(i) during the period beginning on the date of the enactment of the Work, Hope, Opportunity, and Disaster Area Tax Act of 2007 and ending before January 1, 2010, for a position the principal place of employment which is located in one or more specified portions of the GO Zone (as defined in subsection 1400N(d)(6)(C) of the Internal Revenue Code of 1986), and ``(ii) by an employer who has no more than 100 employees on the date such individual is hired, and''. (b) Effective Date.--The amendment made by this section take effect as if included in section 201 of the Katrina Emergency Tax Relief Act of 2005. SEC. 6. EXTENSION AND MODIFICATION OF 15-YEAR STRAIGHT-LINE COST RECOVERY FOR QUALIFIED LEASEHOLD IMPROVEMENTS AND QUALIFIED RESTAURANT IMPROVEMENTS LOCATED IN SPECIFIED PORTIONS OF THE GO ZONE; 15-YEAR STRAIGHT-LINE COST RECOVERY FOR CERTAIN IMPROVEMENTS TO RETAIL SPACE LOCATED IN SPECIFIED PORTIONS OF THE GO ZONE. (a) Extension of Leasehold and Restaurant Improvements.-- (1) In general.--Clauses (iv) and (v) of section 168(e)(3)(E) (relating to 15-year property) are each amended by striking ``January 1, 2008'' and inserting ``January 1, 2008 (January 1, 2009, in the case of property placed in service in one or more specified portions of the GO Zone (as defined in subsection 1400Nd)(6)(C))''. (2) Effective date.--The amendment made by this subsection shall apply to property placed in service after December 31, 2007. (b) Modification of Treatment of Qualified Restaurant Property as 15-Year Property for Purposes of Depreciation Deduction.-- (1) Treatment to include new construction.--Paragraph (7) of section 168(e) (relating to classification of property) is amended to read as follows: ``(7) Qualified restaurant property.-- ``(A) In general.--Except as provided in subparagraph (B), the term `qualified restaurant property' means any section 1250 property which is an improvement to a building if-- ``(i) such improvement is placed in service more than 3 years after the date such building was first placed in service, and ``(ii) more than 50 percent of the building's square footage is devoted to preparation of, and seating for on-premises consumption of, prepared meals. ``(B) Property located in certain areas of go zone.--In the case of property placed in service in one or more specified portions of the GO Zone (as defined in subsection 1400Nd)(6)(C)), such term means any section 1250 property which is a building (or its structural components) or an improvement to such building if more than 50 percent of such building's square footage is devoted to preparation of, and seating for on-premises consumption of, prepared meals.''. (2) Effective date.--The amendment made by this subsection shall apply to any property placed in service after the date of the enactment of this Act. (c) Recovery Period for Depreciation of Certain Improvements to Retail Space.-- (1) 15-year recovery period.--Section 168(e)(3)(E) (relating to 15-year property) is amended by striking ``and'' at the end of clause (vii), by striking the period at the end of clause (viii) and inserting ``, and'', and by adding at the end the following new clause: ``(ix) any qualified retail improvement property placed in service before January 1, 2009, in one or more specified portions of the GO Zone (as defined in subsection 1400Nd)(6)(C).''. (2) Qualified retail improvement property.--Section 168(e) is amended by adding at the end the following new paragraph: ``(8) Qualified retail improvement property.-- ``(A) In general.--The term `qualified retail improvement property' means any improvement to an interior portion of a building which is nonresidential real property if-- ``(i) such portion is open to the general public and is used in the retail trade or business of selling tangible personal property to the general public, and ``(ii) such improvement is placed in service more than 3 years after the date the building was first placed in service. ``(B) Improvements made by owner.--In the case of an improvement made by the owner of such improvement, such improvement shall be qualified retail improvement property (if at all) only so long as such improvement is held by such owner. Rules similar to the rules under paragraph (6)(B) shall apply for purposes of the preceding sentence. ``(C) Certain improvements not included.--Such term shall not include any improvement for which the expenditure is attributable to-- ``(i) the enlargement of the building, ``(ii) any elevator or escalator, ``(iii) any structural component benefitting a common area, or ``(iv) the internal structural framework of the building.''. (3) Requirement to use straight line method.--Section 168(b)(3) is amended by adding at the end the following new subparagraph: ``(I) Qualified retail improvement property described in subsection (e)(8).''. (4) Alternative system.--The table contained in section 168(g)(3)(B) is amended by inserting after the item relating to subparagraph (E)(viii) the following new item: ``(E)(ix).................................................. 39''. (5) Effective date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. | Work, Hope, and Opportunity for the Disaster Area Today Act - Allows small business employers (employers of not more than 100 full time employees) in specified areas of the Gulf Opportunity (GO) Zone to claim a credit against the employment tax liabilities of their GO Zone employees. Limits to $15,000 per employee the amount of wages eligible for such credit in any calendar quarter. Amends the Internal Revenue Code to allow a full tax deduction for business meal and entertainment expenses (normally, only 50% of such expenses are deductible) incurred in specified areas of the GO Zone prior to January 1, 2010. Extends through 2009: (1) the increased expensing allowance for GO Zone investment property; and (2) the work opportunity tax credit for hiring Hurricane Katrina employees. Extends through 2008 provisions allowing accelerated depreciation of qualified leasehold, restaurant, and retail improvement property located in specified areas of the GO Zone. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Angels Nurture Growing Entrepreneurs into Long-term Successes (ANGELS) Act''. SEC. 2. ESTABLISHMENT OF ANGEL INVESTMENT PROGRAM. (a) Establishment.--Title III of the Small Business Investment Act of 1958 (15 U.S.C. 681 et seq.) is amended by adding at the end the following new part: ``PART C--ANGEL INVESTMENT PROGRAM ``SEC. 380. OFFICE OF ANGEL INVESTMENT. ``(a) Establishment.--There is established, in the Investment Division of the Small Business Administration, the Office of Angel Investment. ``(b) Director.--The head of the Office of Angel Investment is the Director of Angel Investment. ``(c) Duties.--Subject to the direction of the Secretary, the Director shall perform the following functions: ``(1) Provide support for the development of angel investment opportunities for small business concerns. ``(2) Administer the Angel Finance Program under section 381 of this Act. ``(3) Administer the Federal Angel Network under section 382 of this Act. ``(4) Administer the grant program for the development of angel groups under section 383 of this Act. ``(5) Perform such other duties consistent with this section as the Administrator shall prescribe. ``SEC. 381. ANGEL FINANCE PROGRAM. ``(a) In General.--The Director of Angel Investment shall establish and carry out a program, to be known as the Angel Finance Program, to provide financing to approved angel groups. ``(b) Eligibility.--To be eligible to receive financing under this section, an angel group shall-- ``(1) have demonstrated experience making investments in local or regional small business concerns; ``(2) have established protocols and a due diligence process for determining its investment strategy; ``(3) have an established code of ethics; and ``(4) submit an application to the Director of Angel Investment at such time and containing such information and assurances as the Director may require. ``(c) Use of Funds.--An angel group that receives financing under this section shall use the amounts received to make investments in small business concerns-- ``(1) that have been in existence for less than 5 years as of the date on which the investment is made; ``(2) that have fewer than 75 employees as of the date on which the investment is made; and ``(3) more than 50 percent of the employees of which perform substantially all of their services in the United States as of the date on which the investment is made. ``(d) Limitation on Amount.--No angel group receiving financing under this section shall receive more than $2,000,000. ``(e) Priority in Providing Financing.--In providing financing under this section, the Director shall give priority to angel groups that invest in small business concerns owned and controlled by veterans, small business concerns owned and controlled by women, and socially and economically disadvantaged small business concerns. ``(f) Geographic Distribution of Financing.--In providing financing under this section, the Director shall, to the extent practicable, provide financing to angel groups that are located in a variety of geographic areas. ``(g) Matching Requirement.--As a condition of receiving financing under this section, the Director shall require that for each small business concern in which the angel group receiving such financing invests, the angel group shall invest an amount that is equal to or greater than the amount of financing received under this section from a source other than the Federal Government that is equal to the amount of the financing provided under this section that the angel group invests in that small business concern. ``(h) Repayment of Financing.--As a condition of receiving financing under this section, the Director shall require an angel group to repay the Director for any investment on which the angel group makes a profit an amount equal to the percentage of the profit that is equal to the percentage of the total amount invested by the angel group that consisted of financing received under this section. ``(i) Angel Investment Fund.-- ``(1) Establishment.--There is in the Treasury a fund to be known as the Angel Investment Fund. ``(2) Deposit of certain amounts.--Amounts collected under subsection (h) shall be deposited in the fund. ``(3) Use of deposits.--Deposits in the fund shall be available for the purpose of providing financing under this section in the amounts specified in annual appropriation laws without regard to fiscal year limitations. ``(j) Definitions.--In this section: ``(1) The term `small business concern owned and controlled by veterans' has the meaning given that term under section 3(q)(3) of the Small Business Act (15 U.S.C. 632(q)(3)). ``(2) The term `small business concern owned and controlled by women' has the meaning given that term under section 8(d)(3)(D) of such Act (15 U.S.C. 637(d)(3)(D)). ``(3) The term `socially and economically disadvantaged small business concern' has the meaning given that term under section 8(a)(4)(A) of such Act (15 U.S.C. 637(a)(4)(A)). ``(k) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section-- ``(1) $25,000,000 for fiscal year 2007; ``(2) $50,000,000 for fiscal year 2008; and ``(3) $75,000,000 for fiscal year 2009. ``SEC. 382. FEDERAL ANGEL NETWORK. ``(a) In General.--Subject to the succeeding provisions of this subsection, the Director of the Office of Angel Investment shall establish and maintain a searchable database, to be known as the Federal Angel Network, to assist small business concerns in identifying angel investors. ``(b) Network Contents.--The Federal Angel Network shall include-- ``(1) a list of the names and addresses of angel groups and angel investors; ``(2) information about the types of investments each angel group or angel investor has made; and ``(3) information about other public and private resources and registries that provide information about angel groups or angel investors. ``(c) Collection of Information.-- ``(1) In general.--The Director shall collect the information to be contained in the Federal Angel Network and shall ensure that such information is updated regularly. ``(2) Request for exclusion of information.--The Director shall not include such information concerning an angel investor if that investor contacts the Director to request that such information be excluded from the Network. ``(d) Availability.--The Director shall make the Federal Angel Network available on the Internet website of the Administration. ``(e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $1,000,000, to remain available until expended. ``SEC. 383. GRANT PROGRAM FOR DEVELOPMENT OF ANGEL GROUPS. ``(a) In General.--The Director of the Office of Angel Investment shall establish and carry out a grant program to make grants to eligible entities for the development of new or existing angel groups and to increase awareness and education about angel investing. ``(b) Eligible Entities.--In this section, the term `eligible entity' means-- ``(1) a State or unit of local government; ``(2) a nonprofit organization; ``(3) a state mutual benefit corporation; ``(4) a Small Business Development Center established pursuant to section 21 of the Small Business Act (15 U.S.C. 648); or ``(5) a women's business center established pursuant to section 29 of the Small Business Act (15 U.S.C. 656). ``(c) Application.--To receive a grant under this section, an eligible entity shall submit an application that contains-- ``(1) a proposal describing how the grant would be used; and ``(2) any other information or assurances as the Director may require. ``(d) Report.--Not later than 3 years after the date on which an eligible entity receives a grant under this section, such eligible entity shall submit a report to the Administrator describing the use of grant funds and evaluating the success of the angel group developed using the grant funds. ``(e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $1,500,000, for each of fiscal years 2007 through 2009. ``SEC. 384. DEFINITIONS. ``In this part: ``(a) The term `angel group' means two or more angel investors organized for the purpose of making investments in local or regional small business concerns that-- ``(1) consists primarily of angel investors; ``(2) requires angel investors to be accredited investors; and ``(3) actively involves the angel investors in evaluating and making decisions about making investments. ``(b) The term `angel investor' means an individual who-- ``(1) on the basis of such factors as financial sophistication, income, net worth, knowledge, and experience in financial matters, or amount of assets under management, qualifies as an accredited investor under rules and regulations prescribed by the Commissioner of the Securities and Exchange Commission; and ``(2) provides capital to or makes investments in a small business concern.''. SEC. 3. TAX CREDIT FOR SMALL BUSINESS INVESTMENT. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25D the following new section: ``SEC. 25E. SMALL BUSINESS INVESTMENT. ``(a) In General.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter an amount equal to 20 percent of the amount paid or incurred for qualified small business investments during the taxable year. ``(b) Limitation.--With respect to any qualified small business investment in any corporation or partnership, the amount paid or incurred by any taxpayer which is taken into account under subsection (a) shall not exceed $250,000 ($500,000 in the case of a joint return), reduced by the amount taken into account under such subsection with respect to investments by the taxpayer in such corporation or partnership for all prior taxable years. ``(c) Qualified Small Business Investment.--For purposes of this section-- ``(1) In general.--The term `qualified small business investment' means any small business stock and any small business partnership interest. ``(2) Small business stock.--The term `small business stock' means any stock in a domestic corporation acquired by the taxpayer at its original issue (directly or through an underwriter) solely in exchange for cash, if-- ``(A) such corporation is an eligible small business (as defined in section 41(b)(3)(D)(ii)), ``(B) such corporation is engaged primarily in the trade or business of manufacturing, processing, assembling, or researching and developing products or in the trade or business of agriculture, technology, or life science, ``(C) such corporation has been in existence for less than 5 years as of such acquisition, ``(D) such corporation has fewer than 75 employees as of such acquisition, ``(E) more than 50 percent of the corporation's employees perform substantially all of their services in the United States as of such acquisition, and ``(F) such stock is designated by the corporation for purposes of this paragraph. For purposes of subparagraph (E), stock shall not be treated as designated if such designation would result in the aggregate amount which may be taken into account under this section with respect to stock issued by such corporation to exceed $750,000, taking into account all taxpayers for all taxable years. ``(3) Small business partnership interest.--The term `small business partnership interest' means any capital or profits interest in a domestic partnership acquired by the taxpayer from the partnership solely in exchange for cash, if-- ``(A) such partnership is an eligible small business (as defined in section 41(b)(3)(D)(ii)), ``(B) such partnership is engaged primarily in the trade or business of manufacturing, processing, assembling, or researching and developing products or in the trade or business of agriculture, technology, or life science, ``(C) such partnership has been in existence for less than 5 years as of such acquisition, ``(D) such partnership has fewer than 75 employees as of such acquisition, ``(E) more than 50 percent of the partnership's employees perform substantially all of their services in the United States as of such acquisition, and ``(F) such capital or profits interest is designated by partnership for purposes of this paragraph. For purposes of subparagraph (E), a capital or profits interest shall not be treated as designated if such designation would result in the aggregate amount which may be taken into account under this section with respect to interests in such partnership to exceed $750,000, taking into account all taxpayers for all taxable years. ``(d) Carryforward of Unused Credit.--If the credit allowable under subsection (a) exceeds the limitation imposed by section 26(a) for such taxable year reduced by the sum of the credits allowable under this subpart (other than this section), such excess shall be carried to the succeeding taxable year and added to the credit allowable under this section. Such excess shall not be taken into account under this subsection for such succeeding taxable year or any taxable year succeeding such year.''. (b) Clerical Amendment.--The table of sections of such subpart is amended by inserting after the item relating to section 25D the following new item: ``Sec. 25E. Small business investment.''. (c) Report to Congress.--The Secretary of the Treasury shall conduct a study and report to Congress on the effectiveness of the credit allowed under section 25E of the Internal Revenue Code of 1986 (as added by this section), and similar State tax credits, in providing incentives for investment in qualified small businesses. There are authorized to be appropriated $500,000 to carry out the purposes of this subsection. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. | Angels Nurture Growing Entrepreneurs into Long-Term Successes (ANGELS) Act - Amends the Small Business Investment Act of 1958 to establish within the Investment Division of the Small Business Administration (SBA) the Office of Angel Investment, headed by a Director, to provide support for the development of angel investment opportunities for small businesses. Requires the Director to: (1) establish and carry out a program, to be known as the Angel Finance Program, to provide financing to approved angel groups; (2) establish and maintain a searchable database, to be known as the Federal Angel Network, to assist small businesses in identifying angel investors; and (3) establish and carry out a program to make grants for the development of new or existing angel groups and to increase awareness and education about angel investing. Amends the Internal Revenue Code to provide a small business investment tax credit of 20 percent of the amount paid or incurred for qualified small business investment. |
SECTION 1. SHORT TITLE; ETC. (a) Short Title.--This Act may be cited as the ``Foreign and Armed Services Tax Fairness Act of 2002''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; etc. Sec. 2. Restoration of full exclusion from gross income of death gratuity payment. Sec. 3. Special rule for members of uniformed services and Foreign Service in determining exclusion of gain from sale of principal residence. Sec. 4. Qualified military base realignment and closure fringe benefit. Sec. 5. Extension of tax filing delay provisions to military personnel serving in contingency operations. Sec. 6. Deduction of certain expenses of members of the reserve component. Sec. 7. Modification of membership requirement for exemption from tax for veterans' organizations. Sec. 8. Clarification of the treatment of dependent care assistance programs sponsored by the Department of Defense for members of the Armed Forces of the United States. SEC. 2. RESTORATION OF FULL EXCLUSION FROM GROSS INCOME OF DEATH GRATUITY PAYMENT. (a) In General.--Subsection (b)(3) of section 134 (relating to certain military benefits) is amended by adding at the end the following new subparagraph: ``(C) Exception for death gratuity adjustments made by law.--Subparagraph (A) shall not apply to any adjustment to the amount of death gratuity payable under chapter 75 of title 10, United States Code, which is pursuant to a provision of law enacted after September 9, 1986.''. (b) Conforming Amendment.--Subparagraph (A) of section 134(b)(3) is amended by striking ``subparagraph (B)'' and inserting ``subparagraphs (B) and (C)''. (c) Effective Date.--The amendments made by this section shall apply with respect to deaths occurring after September 10, 2001. SEC. 3. SPECIAL RULE FOR MEMBERS OF UNIFORMED SERVICES AND FOREIGN SERVICE IN DETERMINING EXCLUSION OF GAIN FROM SALE OF PRINCIPAL RESIDENCE. (a) In General.--Subsection (d) of section 121 (relating to exclusion of gain from sale of principal residence) is amended by adding at the end the following new paragraph: ``(9) Members of uniformed services and foreign service.-- ``(A) In general.--At the election of an individual with respect to a property, the running of the 5-year period described in subsection (a) with respect to such property shall be suspended during any period that such individual or such individual's spouse is serving on qualified official extended duty as a member of the uniformed services or of the Foreign Service. ``(B) Maximum period of suspension.--The 5-year period described in subsection (a) shall not be extended more than 5 years by reason of subparagraph (A). ``(C) Qualified official extended duty.--For purposes of this paragraph-- ``(i) In general.--The term `qualified official extended duty' means any extended duty while serving at a duty station which is at least 50 miles from such property or while residing under Government orders in Government quarters. ``(ii) Uniformed services.--The term `uniformed services' has the meaning given such term by section 101(a)(5) of title 10, United States Code, as in effect on the date of the enactment of this paragraph. ``(iii) Foreign service of the united states.--The term `member of the Foreign Service' has the meaning given the term `member of the Service' by paragraph (1), (2), (3), (4), or (5) of section 103 of the Foreign Service Act of 1980. ``(iv) Extended duty.--The term `extended duty' means any period of duty pursuant to a call or order to such duty for a period in excess of 90 days or for an indefinite period. ``(D) Special rules relating to election.-- ``(i) Election limited to 1 property at a time.--An election under subparagraph (A) with respect to any property may not be made if such an election is in effect with respect to any other property. ``(ii) Revocation of election.--An election under subparagraph (A) may be revoked at any time.''. (b) Effective Date.--The amendment made by this section shall apply to elections made after the date of the enactment of this Act for suspended periods under section 121(d)(9) of the Internal Revenue Code of 1986 (as added by this section) beginning after such date. SEC. 4. QUALIFIED MILITARY BASE REALIGNMENT AND CLOSURE FRINGE BENEFIT. (a) In General.--Section 132(a) (relating to the exclusion from gross income of certain fringe benefits) is amended by striking ``or'' at the end of paragraph (6), by striking the period at the end of paragraph (7) and inserting ``, or'' and by adding at the end the following new paragraph: ``(8) qualified military base realignment and closure fringe.''. (b) Qualified Military Base Realignment and Closure Fringe.-- Section 132 is amended by redesignating subsection (n) as subsection (o) and by inserting after subsection (m) the following new subsection: ``(n) Qualified Military Base Realignment and Closure Fringe.--For purposes of this section, the term `qualified military base realignment and closure fringe' means 1 or more payments under the authority of section 1013 of the Demonstration Cities and Metropolitan Development Act of 1966 (42 U.S.C. 3374) to offset the adverse effects on housing values as a result of a military base realignment or closure.''. (c) Effective Date.--The amendments made by this section shall apply to payments made after the date of the enactment of this Act. SEC. 5. EXTENSION OF TAX FILING DELAY PROVISIONS TO MILITARY PERSONNEL SERVING IN CONTINGENCY OPERATIONS. (a) In General.--Section 7508(a) (relating to time for performing certain acts postponed by reason of service in combat zone) is amended-- (1) by inserting ``or when deployed outside the United States away from the individual's permanent duty station while participating in an operation designated by the Secretary of Defense as a contingency operation (as defined in section 101(a)(13) of title 10, United States Code) or which became such a contingency operation by operation of law'' after ``section 112'', (2) by inserting in the first sentence ``or at any time during the period of such contingency operation'' after ``for purposes of such section'', (3) by inserting ``or operation'' after ``such an area'', and (4) by inserting ``or operation'' after ``such area''. (b) Conforming Amendments.-- (1) Section 7508(d) is amended by inserting ``or contingency operation'' after ``area''. (2) The heading for section 7508 is amended by inserting ``or contingency operation'' after ``combat zone''. (3) The item relating to section 7508 in the table of sections for chapter 77 is amended by inserting ``or contingency operation'' after ``combat zone''. (c) Effective Date.--The amendments made by this section shall apply to any period for performing an act which has not expired before the date of the enactment of this Act. SEC. 6. DEDUCTION OF CERTAIN EXPENSES OF MEMBERS OF THE RESERVE COMPONENT. (a) Deduction Allowed.--Section 162 (relating to certain trade or business expenses) is amended by redesignating subsection (p) as subsection (q) and inserting after subsection (o) the following new subsection: ``(p) Treatment of Expenses of Members of Reserve Component of Armed Forces of the United States.--For purposes of subsection (a), in the case of an individual who performs services as a member of a reserve component of the Armed Forces of the United States at any time during the taxable year, such individual shall be deemed to be away from home in the pursuit of a trade or business during any period for which such individual is away from home in connection with such service.''. (b) Deduction Allowed Whether or Not Taxpayer Elects To Itemize.-- Section 62(a)(2) (relating to certain trade and business deductions of employees) is amended by adding at the end the following new subparagraph: ``(E) Certain expenses of members of reserve components of the armed forces of the united states.-- The deductions allowed by section 162 which consist of expenses, in amounts not in excess of the rates for travel expenses (including per diem in lieu of subsistence) authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, paid or incurred by the taxpayer in connection with the performance of services by such taxpayer as a member of a reserve component of the Armed Forces of the United States.''. (c) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2001. SEC. 7. MODIFICATION OF MEMBERSHIP REQUIREMENT FOR EXEMPTION FROM TAX FOR VETERANS' ORGANIZATIONS. (a) In General.--Subparagraph (B) of section 501(c)(19) (relating to list of exempt organizations) is amended by striking ``or widowers'' and inserting ``, widowers, or ancestors or lineal descendants''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 8. CLARIFICATION OF THE TREATMENT OF DEPENDENT CARE ASSISTANCE PROGRAMS SPONSORED BY THE DEPARTMENT OF DEFENSE FOR MEMBERS OF THE ARMED FORCES OF THE UNITED STATES. (a) In General.--Section 134(b) (defining qualified military benefit) is amended by adding at the end the following new paragraph: ``(4) Clarification of certain benefits.--For purposes of paragraph (1), such term includes any dependent care assistance program sponsored by the Department of Defense for members of the Armed Forces of the United States.''. (b) Conforming Amendments.-- (1) Section 3121(a)(18) is amended by striking ``or 129'' and inserting ``, 129, or 134(b)(4)''. (2) Section 3306(b)(13) is amended by striking ``or 129'' and inserting ``, 129, or 134(b)(4)''. (3) Section 3401(a)(18) is amended by striking ``or 129'' and inserting ``, 129, or 134(b)(4)''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001. (d) No Inference.--No inference may be drawn from the amendments made by this section with respect to the tax treatment of any amounts under the program described in section 134(b)(4) of the Internal Revenue Code of 1986 (as added by this section) for any taxable year beginning before January 1, 2002. | Foreign and Armed Forces Tax Fairness Act of 2002 - Amends the Internal Revenue Code to: (1) restore the full exclusion from gross income of the death gratuity payment; (2) permit a suspension of residency rules governing the exclusion of gain from sale of a principal residence for members of the uniformed services or the Foreign Service serving on qualified official extended duty; (3) exclude from gross income qualified military base realignment and closure fringe benefits; (4) extend tax filing delay provisions to military personnel serving in contingency operations; (5) allow as a business or trade deduction the expenses of a member of the reserve component of the U.S. armed forces in connection with such service (available to itemizers and non-itemizers); (6) include ancestors and lineal descendants of past or present members of the armed forces when determining whether a veterans' organization is exempt from tax; and (7) fully exclude from gross income certain dependent care assistance programs sponsored by the Department of Defense. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Local Energy Supply and Resiliency Act of 2015''. SEC. 2. DEFINITIONS. In this Act: (1) Combined heat and power system.--The term ``combined heat and power system'' means generation of electric energy and heat in a single, integrated system that meets the efficiency criteria in clauses (ii) and (iii) of section 48(c)(3)(A) of the Internal Revenue Code of 1986, under which heat that is conventionally rejected is recovered and used to meet thermal energy requirements. (2) Demand response.--The term ``demand response'' means changes in electric usage by electric utility customers from the normal consumption patterns of the customers in response to-- (A) changes in the price of electricity over time; or (B) incentive payments designed to induce lower electricity use at times of high wholesale market prices or when system reliability is jeopardized. (3) Distributed energy.--The term ``distributed energy'' means energy sources and systems that-- (A) produce electric or thermal energy close to the point of use using renewable energy resources or waste thermal energy; (B) generate electricity using a combined heat and power system; (C) distribute electricity in microgrids; (D) store electric or thermal energy; or (E) distribute thermal energy or transfer thermal energy to building heating and cooling systems through a district energy system. (4) District energy system.--The term ``district energy system'' means a system that provides thermal energy to buildings and other energy consumers from 1 or more plants to individual buildings to provide space heating, air conditioning, domestic hot water, industrial process energy, and other end uses. (5) Islanding.--The term ``islanding'' means a distributed generator or energy storage device continuing to power a location in the absence of electric power from the primary source. (6) Loan.--The term ``loan'' has the meaning given the term ``direct loan'' in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a). (7) Microgrid.--The term ``microgrid'' means an integrated energy system consisting of interconnected loads and distributed energy resources, including generators and energy storage devices, within clearly defined electrical boundaries that-- (A) acts as a single controllable entity with respect to the grid; and (B) can connect and disconnect from the grid to operate in both grid-connected mode and island mode. (8) Renewable energy source.--The term ``renewable energy source'' includes-- (A) biomass; (B) geothermal energy; (C) hydropower; (D) landfill gas; (E) municipal solid waste; (F) ocean (including tidal, wave, current, and thermal) energy; (G) organic waste; (H) photosynthetic processes; (I) photovoltaic energy; (J) solar energy; and (K) wind. (9) Renewable thermal energy.--The term ``renewable thermal energy'' means heating or cooling energy derived from a renewable energy resource. (10) Secretary.--The term ``Secretary'' means the Secretary of Energy. (11) Thermal energy.--The term ``thermal energy'' means-- (A) heating energy in the form of hot water or steam that is used to provide space heating, domestic hot water, or process heat; or (B) cooling energy in the form of chilled water, ice, or other media that is used to provide air conditioning, or process cooling. (12) Waste thermal energy.--The term ``waste thermal energy'' means energy that-- (A) is contained in-- (i) exhaust gases, exhaust steam, condenser water, jacket cooling heat, or lubricating oil in power generation systems; (ii) exhaust heat, hot liquids, or flared gas from any industrial process; (iii) waste gas or industrial tail gas that would otherwise be flared, incinerated, or vented; (iv) a pressure drop in any gas, excluding any pressure drop to a condenser that subsequently vents the resulting heat; (v) condenser water from chilled water or refrigeration plants; or (vi) any other form of waste energy, as determined by the Secretary; and (B)(i) in the case of an existing facility, is not being used; or (ii) in the case of a new facility, is not conventionally used in comparable systems. SEC. 3. DISTRIBUTED ENERGY LOAN PROGRAM. (a) Loan Program.-- (1) In general.--Subject to the provisions of this subsection and subsections (b) and (c), the Secretary shall establish a program to provide to eligible entities-- (A) loans for the deployment of distributed energy systems in a specific project; and (B) loans to provide funding for programs to finance the deployment of multiple distributed energy systems through a revolving loan fund, credit enhancement program, or other financial assistance program. (2) Eligibility.--Entities eligible to receive a loan under paragraph (1) include-- (A) a State, territory, or possession of the United States; (B) a State energy office; (C) a tribal organization (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)); (D) an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)); and (E) an electric utility, including-- (i) a rural electric cooperative; (ii) a municipally owned electric utility; and (iii) an investor-owned utility. (3) Selection requirements.--In selecting eligible entities to receive loans under this section, the Secretary shall, to the maximum extent practicable, ensure-- (A) regional diversity among eligible entities to receive loans under this section, including participation by rural States and small States; and (B) that specific projects selected for loans-- (i) expand on the existing technology deployment program of the Department of Energy; and (ii) are designed to achieve 1 or more of the objectives described in paragraph (4). (4) Objectives.--Each deployment selected for a loan under paragraph (1) shall include 1 or more of the following objectives: (A) Improved security and resiliency of energy supply in the event of disruptions caused by extreme weather events, grid equipment or software failure, or terrorist acts. (B) Implementation of distributed energy in order to increase use of local renewable energy resources and waste thermal energy sources. (C) Enhanced feasibility of microgrids, demand response, or islanding; (D) Enhanced management of peak loads for consumers and the grid. (E) Enhanced reliability in rural areas, including high energy cost rural areas. (5) Restriction on use of funds.--Any eligible entity that receives a loan under paragraph (1) may only use the loan to fund programs relating to the deployment of distributed energy systems. (b) Loan Terms and Conditions.-- (1) Terms and conditions.--Notwithstanding any other provision of law, in providing a loan under this section, the Secretary shall provide the loan on such terms and conditions as the Secretary determines, after consultation with the Secretary of the Treasury, in accordance with this section. (2) Specific appropriation.--No loan shall be made unless an appropriation for the full amount of the loan has been specifically provided for that purpose. (3) Repayment.--No loan shall be made unless the Secretary determines that there is reasonable prospect of repayment of the principal and interest by the borrower of the loan. (4) Interest rate.--A loan provided under this section shall bear interest at a fixed rate that is equal or approximately equal, in the determination of the Secretary, to the interest rate for Treasury securities of comparable maturity. (5) Term.--The term of the loan shall require full repayment over a period not to exceed the lesser of-- (A) 20 years; or (B) 90 percent of the projected useful life of the physical asset to be financed by the loan (as determined by the Secretary). (6) Use of payments.--Payments of principal and interest on the loan shall-- (A) be retained by the Secretary to support energy research and development activities; and (B) remain available until expended, subject to such conditions as are contained in annual appropriations Acts. (7) No penalty on early repayment.--The Secretary may not assess any penalty for early repayment of a loan provided under this section. (8) Return of unused portion.--In order to receive a loan under this section, an eligible entity shall agree to return to the general fund of the Treasury any portion of the loan amount that is unused by the eligible entity within a reasonable period of time after the date of the disbursement of the loan, as determined by the Secretary. (9) Comparable wage rates.--Each laborer and mechanic employed by a contractor or subcontractor in performance of construction work financed, in whole or in part, by the loan shall be paid wages at rates not less than the rates prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. (c) Rules and Procedures; Disbursement of Loans.-- (1) Rules and procedures.--Not later than 180 days after the date of enactment of this Act, the Secretary shall adopt rules and procedures for carrying out the loan program under subsection (a). (2) Disbursement of loans.--Not later than 1 year after the date on which the rules and procedures under paragraph (1) are established, the Secretary shall disburse the initial loans provided under this section. (d) Reports.--Not later than 2 years after the date of receipt of the loan, and annually thereafter for the term of the loan, an eligible entity that receives a loan under this section shall submit to the Secretary a report describing the performance of each program and activity carried out using the loan, including itemized loan performance data. (e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as are necessary. SEC. 4. TECHNICAL ASSISTANCE AND GRANT PROGRAM. (a) Establishment.-- (1) In general.--The Secretary shall establish a technical assistance and grant program (referred to in this section as the ``program'')-- (A) to disseminate information and provide technical assistance directly to eligible entities so the eligible entities can identify, evaluate, plan, and design distributed energy systems; and (B) to make grants to eligible entities so that the eligible entities may contract to obtain technical assistance to identify, evaluate, plan, and design distributed energy systems. (2) Technical assistance.--The technical assistance described in paragraph (1) shall include assistance with 1 or more of the following activities relating to distributed energy systems: (A) Identification of opportunities to use distributed energy systems. (B) Assessment of technical and economic characteristics. (C) Utility interconnection. (D) Permitting and siting issues. (E) Business planning and financial analysis. (F) Engineering design. (3) Information dissemination.--The information disseminated under paragraph (1)(A) shall include-- (A) information relating to the topics described in paragraph (2), including case studies of successful examples; (B) computer software and databases for assessment, design, and operation and maintenance of distributed energy systems; and (C) public databases that track the operation and deployment of existing and planned distributed energy systems. (b) Eligibility.--Any nonprofit or for-profit entity shall be eligible to receive technical assistance and grants under the program. (c) Applications.-- (1) In general.--An eligible entity desiring technical assistance or grants under the program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Application process.--The Secretary shall seek applications for technical assistance and grants under the program-- (A) on a competitive basis; and (B) on a periodic basis, but not less frequently than once every 12 months. (3) Priorities.--In selecting eligible entities for technical assistance and grants under the program, the Secretary shall give priority to eligible entities with projects that have the greatest potential for-- (A) facilitating the use of renewable energy resources; (B) strengthening the reliability and resiliency of energy infrastructure to the impact of extreme weather events, power grid failures, and interruptions in supply of fossil fuels; (C) improving the feasibility of microgrids or islanding, particularly in rural areas, including high energy cost rural areas; (D) minimizing environmental impact, including regulated air pollutants and greenhouse gas emissions; and (E) maximizing local job creation. (d) Grants.--On application by an eligible entity, the Secretary may award grants to the eligible entity to provide funds to cover not more than-- (1) 100 percent of the costs of the initial assessment to identify opportunities; (2) 75 percent of the cost of feasibility studies to assess the potential for the implementation; (3) 60 percent of the cost of guidance on overcoming barriers to implementation, including financial, contracting, siting, and permitting issues; and (4) 45 percent of the cost of detailed engineering. (e) Rules and Procedures.-- (1) Rules.--Not later than 180 days after the date of enactment of this Act, the Secretary shall adopt rules and procedures for carrying out the program. (2) Grants.--Not later than 120 days after the date of issuance of the rules and procedures for the program, the Secretary shall issue grants under this Act. (f) Reports.--The Secretary shall submit to Congress and make available to the public-- (1) not less frequently than once every 2 years, a report describing the performance of the program under this section, including a synthesis and analysis of the information provided in the reports submitted to the Secretary under section 2(c); and (2) on termination of the program under this section, an assessment of the success of, and education provided by, the measures carried out by eligible entities during the term of the program. (g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $250,000,000 for the period of fiscal years 2016 through 2020, to remain available until expended. | Local Energy Supply and Resiliency Act of 2015 This bill requires the Department of Energy (DOE) to establish certain programs to support distributed energy systems, which are energy sources and systems that: (1) produce electric or thermal energy close to the point of use using renewable energy resources or waste thermal energy, (2) generate electricity using a combined heat and power system, (3) distribute electricity in microgrids, (4) store electric or thermal energy, or (5) distribute or transfer thermal energy to building heating and cooling systems through a district energy system. DOE must establish: (1) a loan program to provide funding for deploying distributed energy systems to states and other government entities, institutions of higher education, and electric utilities; and (2) a technical assistance and grant program to disseminate information and provide technical assistance to nonprofit and profit entities for identifying, evaluating, planning, and designing distributed energy systems. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``No Surface Occupancy Western Arctic Coastal Plain Domestic Energy Security Act''. SEC. 2. DEFINITIONS. In this Act: (1) Coastal plain.--The term ``Coastal Plain'' means the area described in appendix I to part 37 of title 50, Code of Federal Regulations. (2) Final statement.--The term ``Final Statement'' means the final legislative environmental impact statement on the Coastal Plain, dated April 1987, and prepared pursuant to-- (A) section 1002 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3142); and (B) section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). (3) Map.--The term ``map'' means the map entitled ``Arctic National Wildlife Refuge'', dated September 2005, and prepared by the United States Geological Survey. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior or the designee of the Secretary. (5) Western coastal plain.--The term ``Western Coastal Plain'' means that area of the Coastal Plain-- (A) that borders the land of the State of Alaska to the west and State of Alaska offshore waters of the Beaufort Sea on the north; and (B) from which oil and gas can be produced through the use of horizontal drilling or other subsurface technology from sites outside or underneath the surface of the Coastal Plain. SEC. 3. LEASING PROGRAM FOR LAND WITHIN THE WESTERN COASTAL PLAIN. (a) In General.-- (1) Authorization.--There is authorized the exploration, leasing, development, and production of oil and gas from the Western Coastal Plain. (2) Actions.--The Secretary shall take such actions as are necessary-- (A) to establish and implement, in accordance with this Act, a competitive oil and gas leasing program that will result in an environmentally sound program for the exploration, development, and production of the oil and gas resources of the Western Coastal Plain; and (B) to administer this Act through regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other provisions that-- (i) ensure the oil and gas exploration, development, and production activities on the Western Coastal Plain will result in no significant adverse effect on fish and wildlife, fish and wildlife habitat, subsistence resources, and the environment; (ii) prohibit surface occupancy of the Western Coastal Plain during oil and gas development and production; and (iii) require the application of the best commercially available technology for oil and gas exploration, development, and production to all exploration, development, and production operations under this Act in a manner that ensures the receipt of fair market value by the public for the mineral resources to be leased. (b) Compliance With Requirements Under Certain Other Laws.-- (1) Compatibility.--For purposes of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.)-- (A) the oil and gas preleasing and leasing program and activities authorized by this section in the Western Coastal Plain shall be considered to be compatible with the purposes for which the Arctic National Wildlife Refuge was established; and (B) no further findings or decisions shall be required to implement that program and those activities. (2) Adequacy of the legislative environmental impact statement of the department of the interior.--The Final Statement shall be considered to satisfy the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) that apply with respect to preleasing activities, including exploration programs and actions authorized to be taken by the Secretary to develop and promulgate the regulations for the establishment of a leasing program authorized by this Act before the conduct of the first lease sale. (3) Compliance with nepa for other actions.-- (A) In general.--Prior to conducting the first lease sale pursuant to this Act, the Secretary shall prepare an environmental impact statement in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to the activities authorized by this Act that are not covered by paragraph (2). (B) Identification and analysis.--Notwithstanding any other provision of law, in carrying out this paragraph, the Secretary shall not-- (i) identify nonleasing alternative courses of action; or (ii) analyze the environmental effect of those courses of action. (C) Identification of preferred action.--Not later than 1 year after the date of enactment of this Act, the Secretary shall identify only a preferred action and a single leasing alternative for the first lease sale conducted pursuant to this Act. (D) Effect of noncompliance.--Notwithstanding any other provision of law, compliance with this paragraph shall be considered to satisfy any provision of law or other requirement that requires analysis and consideration of the environmental effects of leasing with respect to the leasing conducted pursuant to this Act. (c) Relationship to State and Local Authority.--Nothing in this Act expands or limits any State or local regulatory authority. (d) Regulations.--Not later than 1 year after the date of enactment of this Act, in consultation with the State of Alaska, the North Slope Borough, Alaska, and the Arctic Slope Regional Corporation, the Secretary shall promulgate such regulations as are necessary to carry out this Act. SEC. 4. LEASE SALES. (a) Qualified Lessees.--Land may be leased under this Act to any person qualified to obtain a lease for deposits of oil and gas under the Mineral Leasing Act (30 U.S.C. 181 et seq.). (b) Procedures.--The Secretary shall, by regulation, establish procedures for-- (1) receipt and consideration of sealed nominations for any area in the Western Coastal Plain for inclusion in a lease sale; (2) the holding of lease sales after the nomination process described in paragraph (1); and (3) public notice of, and comment on, designation of areas to be included in, or excluded from, a lease sale. (c) Lease Sale Bids.--Bidding for leases under this Act shall be by sealed competitive cash bonus bids. (d) Acreage Minimum in First Sale.--For the first lease sale under this Act, the Secretary shall offer for lease those tracts the Secretary considers to have the greatest potential for the discovery of hydrocarbons, taking into consideration nominations received pursuant to subsection (b)(1), but in no case less than 200,000 acres. (e) Timing of Lease Sales.--The Secretary shall-- (1) not later than 18 months after the date of enactment of this Act, conduct the first lease sale under this Act; (2) not later than 1 year after the date on which the first lease sale is conducted under paragraph (1), conduct a second lease sale under this Act; and (3) conduct additional sales at appropriate intervals if sufficient interest in exploration or development exists to warrant the conduct of the additional sales. SEC. 5. GRANT OF LEASES BY THE SECRETARY. (a) In General.--On payment by a lessee of such bonus as may be accepted by the Secretary, the Secretary shall grant to the highest responsible qualified bidder in a lease sale conducted pursuant to section 4 a lease for any land on the Western Coastal Plain. (b) Subsequent Transfers.-- (1) In general.--No lease issued under this Act may be sold, exchanged, assigned, sublet, or otherwise transferred except with the approval of the Secretary. (2) Condition for approval.--Before granting any approval under paragraph (1), the Secretary shall consult with, and give due consideration to the opinion of, the Attorney General. SEC. 6. LEASE TERMS AND CONDITIONS. (a) In General.--An oil or gas lease issued pursuant to this Act shall-- (1) provide for the payment of a royalty of not less than 12\1/2\ percent of the quantity or value of the production removed or sold from the lease, as determined by the Secretary in accordance with regulations applicable to other Federal oil and gas leases; (2) provide that the Secretary, after consultation with the State of Alaska, North Slope Borough, Alaska, and the Arctic Slope Regional Corporation, may close, on a seasonal basis, such portions of the Western Coastal Plain to exploratory drilling activities as are necessary to protect caribou calving areas and other species of fish and wildlife; (3) require that each lessee of land within the Western Coastal Plain shall be fully responsible and liable for the reclamation of land within the Western Coastal Plain and any other Federal land that is adversely affected in connection with exploration activities conducted under the lease and within the Western Coastal Plain by the lessee or by any of the subcontractors or agents of the lessee; (4) provide that the lessee may not delegate or convey, by contract or otherwise, the reclamation responsibility and liability described in paragraph (3) to another person without the express written approval of the Secretary; (5) contain terms and conditions relating to protection of fish and wildlife, fish and wildlife habitat, subsistence resources, and the environment as required under section 3(a)(2); and (6) provide that each lessee, and each agent and contractor of a lessee, shall use the best efforts of the lessee to provide a fair share of employment and contracting for Alaska Natives and Alaska Native Corporations from throughout the State, as determined by the level of obligation previously agreed to in the Federal Agreement. (b) Project Labor Agreements.--The Secretary, as a term and condition of each lease under this Act, and in recognizing the proprietary interest of the Federal Government in labor stability and in the ability of construction labor and management to meet the particular needs and conditions of projects to be developed under the leases issued pursuant to this Act (including the special concerns of the parties to those leases), shall require that each lessee, and each agent and contractor of a lessee, under this Act negotiate to obtain a project labor agreement for the employment of laborers and mechanics on production, maintenance, and construction under the lease. SEC. 7. FEDERAL AND STATE DISTRIBUTION OF REVENUES. (a) In General.--Notwithstanding any other provision of law, of the amount of bonus, rental, and royalty revenues from oil and gas leasing and operations authorized by this Act-- (1) 50 percent shall be paid to the State of Alaska; and (2) the balance shall be deposited in the Treasury of the United States. (b) Payments to Alaska.--Payments to the State of Alaska under this section shall be made on a monthly basis. SEC. 8. CONVEYANCE. Notwithstanding section 1302(h)(2) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3192(h)(2)), to remove any cloud on title to land, and to clarify land ownership patterns in the Coastal Plain, the Secretary shall-- (1) to the extent necessary to fulfill the entitlement of the Kaktovik Inupiat Corporation under sections 12 and 14 of the Alaska Native Claims Settlement Act (43 U.S.C. 1611, 1613), as determined by the Secretary, convey to that Corporation the surface estate of the land described in paragraph (1) of Public Land Order 6959, in accordance with the terms and conditions of the agreement between the Secretary, the United States Fish and Wildlife Service, the Bureau of Land Management, and the Kaktovik Inupiat Corporation, dated January 22, 1993; and (2) convey to the Arctic Slope Regional Corporation the remaining subsurface estate to which that Corporation is entitled under the agreement between that corporation and the United States, dated August 9, 1983. | No Surface Occupancy Western Arctic Coastal Plain Domestic Energy Security Act - Authorizes the exploration, leasing, development and production of oil and gas on the Western Coastal Plain of Alaska. Directs the Secretary of the Interior to: (1) establish a competitive oil and gas leasing program for oil and gas exploration, development, and production on the Western Coastal Plain; and (2) prohibit surface occupancy of the Western Coastal Plain during any oil and gas development and production States that, in connection with specified environmental protection laws, the Secretary shall neither: (1) identify nonleasing alternative courses of action, nor (2) analyze the environmental effect of those courses of action. Requires the Secretary, within one year after the first lease sale is conducted under this Act, to conduct a second lease sale (and additional sales if sufficient interest in exploration or development exists). Sets forth procedures for: (1) lease sales and lease grants on the Western Coastal Plain, and (2) Western Coastal Plain environmental protection. Prescribes a revenue allocation scheme derived from bonus, rental, and royalty revenues from federal oil and gas leasing and operations authorized under this Act, including monthly payments to the state of Alaska. Requires the Secretary to convey to: (1) the Kaktovik Inupiat Corporation the surface estate of certain land, and (2) the Arctic Slope Regional Corporation the remaining subsurface estate to which that Corporation is entitled under a specified agreement. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission to Study the Potential Creation of the National Museum of the American Latino Act of 2007''. SEC. 2. ESTABLISHMENT OF COMMISSION. (a) In General.--There is established the Commission to Study the Potential Creation of a National Museum of the American Latino (in this Act referred to as the ``Commission''). (b) Membership.--The Commission shall consist of 23 members appointed not later than 6 months after the date of enactment of this Act as follows: (1) The President shall appoint 7 voting members. (2) The Speaker of the House of Representatives, the minority leader of the House of Representatives, the majority leader of the Senate, and the minority leader of the Senate shall each appoint 3 voting members. (3) In addition to the members appointed under paragraph (2), the Speaker of the House of Representatives, the minority leader of the House of Representatives, the majority leader of the Senate, and the minority leader of the Senate shall each appoint 1 nonvoting member. (c) Qualifications.--Members of the Commission shall be chosen from among individuals, or representatives of institutions or entities, who possess either-- (1) a demonstrated commitment to the research, study, or promotion of American Latino life, art, history, political or economic status, or culture, together with-- (A) expertise in museum administration; (B) expertise in fundraising for nonprofit or cultural institutions; (C) experience in the study and teaching of Latino culture and history at the post-secondary level; (D) experience in studying the issue of the Smithsonian Institution's representation of American Latino art, life, history, and culture; or (E) extensive experience in public or elected service; or (2) experience in the administration of, or the planning for the establishment of, museums devoted to the study and promotion of the role of ethnic, racial, or cultural groups in American history. SEC. 3. FUNCTIONS OF THE COMMISSION. (a) Plan of Action for Establishment and Maintenance of Museum.-- The Commission shall submit a report to the President and Congress containing its recommendations with respect to a plan of action for the establishment and maintenance of a National Museum of the American Latino in Washington, DC (in this Act referred to as the ``Museum''). (b) Fundraising Plan.--The Commission shall develop a fundraising plan for supporting the creation and maintenance of the Museum through contributions by the American people, and a separate plan on fundraising by the American Latino community. (c) Report on Issues.--The Commission shall examine (in consultation with the Secretary of the Smithsonian Institution), and submit a report to the President and Congress on, the following issues: (1) The availability and cost of collections to be acquired and housed in the Museum. (2) The impact of the Museum on regional Hispanic- and Latino-related museums. (3) Possible locations for the Museum in Washington, DC and its environs, to be considered in consultation with the National Capital Planning Commission and the Commission of Fine Arts, the Department of the Interior and Smithsonian Institution. (4) Whether the Museum should be located within the Smithsonian Institution. (5) The governance and organizational structure from which the Museum should operate. (6) How to engage the American Latino community in the development and design of the Museum. (7) The cost of constructing, operating, and maintaining the Museum. (d) Legislation To Carry Out Plan of Action.--Based on the recommendations contained in the report submitted under subsection (a) and the report submitted under subsection (c), the Commission shall submit for consideration to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on House Administration of the House of Representatives, the Committee on Rules and Administration of the Senate, the Committees on Natural Resources of the House of Representatives and the Senate, and the Committees on Appropriations of the House of Representatives and the Senate recommendations for a legislative plan of action to create and construct the Museum. (e) National Conference.--In carrying out its functions under this section, the Commission may convene a national conference on the Museum, comprised of individuals committed to the advancement of American Latino life, art, history, and culture, not later than 18 months after the commission members are selected. SEC. 4. ADMINISTRATIVE PROVISIONS. (a) Facilities and Support of Department of the Interior.--The Department of the Interior shall provide from funds appropriated for this purpose administrative services, facilities, and funds necessary for the performance of the Commission's functions. These funds shall be made available prior to any meetings of the Commission. (b) Compensation.--Each member of the Commission who is not an officer or employee of the Federal Government may receive compensation for each day on which the member is engaged in the work of the Commission, at a daily rate to be determined by the Secretary of the Interior. (c) Travel Expenses.--Each member shall be entitled to 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. (d) Federal Advisory Committee Act.--The Commission is not subject to the provisions of the Federal Advisory Committee Act. SEC. 5. DEADLINE FOR SUBMISSION OF REPORTS; TERMINATION. (a) Deadline.--The Commission shall submit final versions of the reports and plans required under section 3 not later than 24 months after the date of the Commission's first meeting. (b) Termination.--The Commission shall terminate not later than 30 days after submitting the final versions of reports and plans pursuant to subsection (a). SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated for carrying out the activities of the Commission $2,100,000 for the first fiscal year beginning after the date of enactment of this Act and $1,100,000 for the second fiscal year beginning after the date of enactment of this Act. | Commission to Study the Potential Creation of the National Museum of the American Latino Act of 2007 - Establishes the Commission to Study the Potential Creation of a National Museum of the American Latino to study and make recommendations to the President and the Congress on a plan of action for the establishment and maintenance of a National Museum of the American Latino in Washington, DC. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``United Kingdom-NAFTA Accession Act''. SEC 2. ACCESSION OF UNITED KINGDOM TO THE NORTH AMERICAN FREE TRADE AGREEMENT. (a) In General.--Subject to section 3, the President is authorized to enter into an agreement described in subsection (b) and the provisions of section 151(c) of the Trade Act of 1974 (19 U.S.C. 2191(c)) shall apply with respect to a bill to implement such agreement if such agreement is entered into on or before December 31, 2003. (b) Agreement Described.--An agreement described in this subsection means an agreement that-- (1) provides for the accession of United Kingdom to the North American Free Trade Agreement; or (2) is a bilateral agreement between the United States and United Kingdom that provides for the reduction and ultimate elimination of tariffs and other nontariff barriers to trade and the eventual establishment of a free trade area between the United States and United Kingdom. SEC. 3. INTRODUCTION AND FAST-TRACK CONSIDERATION OF IMPLEMENTING BILL. (a) Introduction in House and Senate.--When the President submits to Congress a bill to implement a trade agreement described in section 2, the bill shall be introduced (by request) in the House and the Senate as described in section 151(c) of the Trade Act of 1974 (19 U.S.C. 2191(c)). (b) Restrictions on Content.--A bill to implement a trade agreement described in section 2-- (1) shall contain only provisions that are necessary to implement the trade agreement; and (2) may not contain any provision that establishes (or requires or authorizes the establishment of) a labor or environmental protection standard or amends (or requires or authorizes an amendment of) any labor or environmental protection standard set forth in law or regulation. (c) Point of Order in Senate.-- (1) Applicability to all legislative forms of implementing bill.--For the purposes of this subsection, the term ``implementing bill'' means the following: (A) The bill.--A bill described in subsection (a), without regard to whether that bill originated in the Senate or the House of Representatives. (B) Amendment.--An amendment to a bill referred to in subparagraph (A). (C) Conference report.--A conference report on a bill referred to in subparagraph (A). (D) Amendment between houses.--An amendment between the houses of Congress in relation to a bill referred to in subparagraph (A). (E) Motion.--A motion in relation to an item referred to in subparagraph (A), (B), (C), or (D). (2) Making of point of order.-- (A) Against single item.--When the Senate is considering an implementing bill, a Senator may make a point of order against any part of the implementing bill that contains material in violation of a restriction under subsection (b). (B) Against several items.--Notwithstanding any other provision of law or rule of the Senate, when the Senate is considering an implementing bill, it shall be in order for a Senator to raise a single point of order that several provisions of the implementing bill violate subsection (b). The Presiding Officer may sustain the point of order as to some or all of the provisions against which the Senator raised the point of order. (3) Effect of sustainment of point of order.-- (A) Against single item.--If a point of order made against a part of an implementing bill under paragraph (2)(A) is sustained by the Presiding Officer, the part of the implementing bill against which the point of order is sustained shall be deemed stricken. (B) Against several items.--In the case of a point of order made under paragraph (2)(B) against several provisions of an implementing bill, only those provisions against which the Presiding Officer sustains the point of order shall be deemed stricken. (C) Stricken matter not in order as amendment.-- Matter stricken from an implementing bill under this paragraph may not be offered as an amendment to the implementing bill (in any of its forms described in paragraph (1)) from the floor. (4) Waivers and appeals.-- (A) Waivers.--Before the Presiding Officer rules on a point of order under this subsection, any Senator may move to waive the point of order as it applies to some or all of the provisions against which the point of order is raised. Such a motion to waive is amendable in accordance with the rules and precedents of the Senate. (B) Appeals.--After the Presiding Officer rules on a point of order under this subsection, any Senator may appeal the ruling of the Presiding Officer on the point of order as it applies to some or all of the provisions on which the Presiding Officer ruled. (C) Three-fifths majority required.-- (i) Waivers.--A point of order under this subsection is waived only by the affirmative vote of at least the requisite majority. (ii) Appeals.--A ruling of the Presiding Officer on a point of order under this subsection is sustained unless at least the requisite majority votes not to sustain the ruling. (iii) Requisite majority.--For purposes of clauses (i) and (ii), the requisite majority is three-fifths of the Members of the Senate, duly chosen and sworn. (d) Applicability of Fast Track Procedures.--Section 151 of the Trade Act of 1974 (19 U.S.C. 2191) is amended-- (1) in subsection (b)(1)-- (A) by inserting ``section 3 of the United Kingdom- NAFTA Accession Act,'' after ``the Omnibus Trade and Competitiveness Act of 1988,''; and (B) by amending subparagraph (C) to read as follows: ``(C) if changes in existing laws or new statutory authority is required to implement such trade agreement or agreements or such extension, provisions, necessary to implement such trade agreement or agreements or such extension, either repealing or amending existing laws or providing new statutory authority.''; and (2) in subsection (c)(1), by inserting ``or under section 3 of the United Kingdom-NAFTA Accession Act,'' after ``the Uruguay Round Agreements Act,''. | United Kingdom-NAFTA Accession Act - Authorizes the President to enter into: (1) an agreement for the accession of the United Kingdom to the North American Free Trade Agreement (NAFTA); or (2) a bilateral agreement between the United States and the United Kingdom that reduces and ultimately eliminates tariffs and other nontariff barriers to trade and provides for the eventual establishment of a free trade area. Applies congressional fast track procedures (no amendments) to implementing bills for trade agreements entered under this Act. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Nurse Training and Retention Act of 2007''. SEC. 2. FINDINGS. Congress makes the following findings: (1) America's healthcare system depends on an adequate supply of trained nurses to deliver quality patient care. (2) Over the next 15 years, this shortage is expected to grow significantly. The Health Resources and Services Administration has projected that by 2020, there will be a shortage of nurses in every State and that overall only 64 percent of the demand for nurses will be satisfied, with a shortage of 1,016,900 nurses nationally. (3) To avert such a shortage, today's network of healthcare workers should have access to education and support from their employers to participate in educational and training opportunities. (4) With the appropriate education and support, incumbent healthcare workers and incumbent bedside nurses are untapped sources which can meet these needs and address the nursing shortage and provide quality care as the American population ages. SEC. 3. ESTABLISHMENT OF GRANT PROGRAM. (a) Purposes.--It is the purpose of this section to authorize grants to-- (1) address the projected shortage of nurses by funding comprehensive programs to create a career ladder to nursing (including Certified Nurse Assistants, Licensed Practical Nurses, Licensed Vocational Nurses, and Registered Nurses) for incumbent ancillary healthcare workers; (2) increase the capacity for educating nurses by increasing both nurse faculty and clinical opportunities through collaborative programs between staff nurse organizations, healthcare providers, and accredited schools of nursing; and (3) provide training programs through education and training organizations jointly administered by healthcare providers and healthcare labor organizations or other organizations representing staff nurses and frontline healthcare workers, working in collaboration with accredited schools of nursing and academic institutions. (b) Grants.--Not later than 6 months after the date of enactment of this Act, the Secretary of Labor (referred to in this section as the ``Secretary'') shall establish a partnership grant program to award grants to eligible entities to carry out comprehensive programs to provide education to nurses and create a pipeline to nursing for incumbent ancillary healthcare workers who wish to advance their careers, and to otherwise carry out the purposes of this section. (c) Eligible Entities.--To be eligible to receive a grant under this section an entity shall-- (1) be-- (A) a healthcare entity that is jointly administered by a healthcare employer and a labor union representing the healthcare employees of the employer and that carries out activities using labor management training funds as provided for under section 302 of the Labor-Management Relations Act, 1947 (18 U.S.C. 186(c)(6)); (B) an entity that operates a training program that is jointly administered by-- (i) one or more healthcare providers or facilities, or a trade association of healthcare providers; and (ii) one or more organizations which represent the interests of direct care healthcare workers or staff nurses and in which the direct care healthcare workers or staff nurses have direct input as to the leadership of the organization; or (C) a State training partnership program that consists of non-profit organizations that include equal participation from industry, including public or private employers, and labor organizations including joint labor-management training programs, and which may include representatives from local governments, worker investment agency one-stop career centers, community based organizations, community colleges, and accredited schools of nursing; and (2) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (d) Additional Requirements for Healthcare Employer Described in Subsection (c).--To be eligible for a grant under this section, a healthcare employer described in subsection (c) shall demonstrate-- (1) an established program within their facility to encourage the retention of existing nurses; (2) it provides wages and benefits to its nurses that are competitive for its market or that have been collectively bargained with a labor organization; and (3) support for programs funded under this section through 1 or more of the following: (A) The provision of paid leave time and continued health coverage to incumbent healthcare workers to allow their participation in nursing career ladder programs, including Certified Nurse Assistants, Licensed Practical Nurses, Licensed Vocational Nurses, and Registered Nurses. (B) Contributions to a joint labor-management training fund which administers the program involved. (C) The provision of paid release time, incentive compensation, or continued health coverage to staff nurses who desire to work full- or part-time in a faculty position. (D) The provision of paid release time for staff nurses to enable them to obtain a Bachelor of Science in Nursing degree, other advanced nursing degrees, specialty training, or certification program. (E) The payment of tuition assistance which is managed by a joint labor-management training fund or other jointly administered program. (e) Other Requirements.-- (1) Matching requirement.-- (A) In general.--The Secretary may not make a grant under this section unless the applicant involved agrees, with respect to the costs to be incurred by the applicant in carrying out the program under the grant, to make available non-Federal contributions (in cash or in kind under subparagraph (B)) toward such costs in an amount equal to not less than $1 for each $1 of Federal funds provided in the grant. Such contributions may be made directly or through donations from public or private entities, or may be provided through the cash equivalent of paid release time provided to incumbent worker students. (B) Determination of amount of non-federal contribution.--Non-Federal contributions required in subparagraph (A) may be in cash or in kind (including paid release time), fairly evaluated, including equipment or services (and excluding indirect or overhead costs). Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non- Federal contributions. (2) Required collaboration.--Entities carrying out or overseeing programs carried out with assistance provided under this section shall demonstrate collaboration with accredited schools of nursing which may include community colleges and other academic institutions providing Associate, Bachelor's, or advanced nursing degree programs or specialty training or certification programs. (f) Activities.--Amounts awarded to an entity under a grant under this section shall be used for the following: (1) To carry out programs that provide education and training to establish nursing career ladders to educate incumbent healthcare workers to become nurses (including Certified Nurse Assistants, Licensed Practical Nurses, Licensed Vocational Nurses, and Registered Nurses). Such programs shall include one or more of the following: (A) Preparing incumbent workers to return to the classroom through English as a second language education, GED education, pre-college counseling, college preparation classes, and support with entry level college classes that are a prerequisite to nursing. (B) Providing tuition assistance with preference for dedicated cohort classes in community colleges, universities, accredited schools of nursing with supportive services including tutoring and counseling. (C) Providing assistance in preparing for and meeting all nursing licensure tests and requirements. (D) Carrying out orientation and mentorship programs that assist newly graduated nurses in adjusting to working at the bedside to ensure their retention post graduation, and ongoing programs to support nurse retention. (E) Providing stipends for release time and continued healthcare coverage to enable incumbent healthcare workers to participate in these programs. (2) To carry out programs that assist nurses in obtaining advanced degrees and completing specialty training or certification programs and to establish incentives for nurses to assume nurse faculty positions on a part-time or full-time basis. Such programs shall include one or more of the following: (A) Increasing the pool of nurses with advanced degrees who are interested in teaching by funding programs that enable incumbent nurses to return to school. (B) Establishing incentives for advanced degree bedside nurses who wish to teach in nursing programs so they can obtain a leave from their bedside position to assume a full- or part-time position as adjunct or full time faculty without the loss of salary or benefits. (C) Collaboration with accredited schools of nursing which may include community colleges and other academic institutions providing Associate, Bachelor's, or advanced nursing degree programs, or specialty training or certification programs, for nurses to carry out innovative nursing programs which meet the needs of bedside nursing and healthcare providers. (g) Preference.--In awarding grants under this section the Secretary shall give preference to programs that-- (1) provide for improving nurse retention; (2) provide for improving the diversity of the new nurse graduates to reflect changes in the demographics of the patient population; (3) provide for improving the quality of nursing education to improve patient care and safety; (4) have demonstrated success in upgrading incumbent healthcare workers to become nurses or which have established effective programs or pilots to increase nurse faculty; or (5) are modeled after or affiliated with such programs described in paragraph (4). (h) Evaluation.-- (1) Program evaluations.--An entity that receives a grant under this section shall annually evaluate, and submit to the Secretary a report on, the activities carried out under the grant and the outcomes of such activities. Such outcomes may include-- (A) an increased number of incumbent workers entering an accredited school of nursing and in the pipeline for nursing programs; (B) an increasing number of graduating nurses and improved nurse graduation and licensure rates; (C) improved nurse retention; (D) an increase in the number of staff nurses at the healthcare facility involved; (E) an increase in the number of nurses with advanced degrees in nursing; (F) an increase in the number of nurse faculty; (G) improved measures of patient quality (which may include staffing ratios of nurses, patient satisfaction rates, patient safety measures); and (H) an increase in the diversity of new nurse graduates relative to the patient population. (2) General report.--Not later than 2 years after the date of enactment of this Act, and annually thereafter, the Secretary of Labor shall, using data and information from the reports received under paragraph (1), submit to Congress a report concerning the overall effectiveness of the grant program carried out under this section. (i) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, such sums as may be necessary. | Nurse Training and Retention Act of 2007 - Directs the Secretary of Labor to establish a partnership grant program to award grants to eligible entities to carry out comprehensive programs to provide education to nurses and create a pipeline to nursing for incumbent ancillary healthcare workers who wish to advance their careers. Includes as eligible to receive a grant: (1) a healthcare entity that is jointly administered by a healthcare employer and a labor union representing its employees and that carries out activities using labor management training funds; (2) an entity that operates a training program that is jointly administered by one or more healthcare providers or facilities, or a trade association of healthcare providers, and one or more organizations that represent the interests of direct care healthcare workers or staff nurses who have direct input as to the organization's leadership; or (3) a state training partnership program that consists of nonprofit organizations that include equal participation from industry and labor organizations including joint labor-management training programs. Requires a healthcare employer, to be eligible for a grant, to demonstrate that it: (1) has an established program within its facility to encourage the retention of existing nurses; (2) provides wages and benefits to its nurses that are competitive for its market or that have been collectively bargained with a labor organization; and (3) provides support for programs funded under this Act through specified mechanisms. Sets forth requirements for matching funds, collaboration with nursing schools, types of programs funded, types to be provided preference, and program evaluations. |
SECTION 1. REPEAL OF LIMIT ON COORDINATED EXPENDITURES. (a) In General.--Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a) is amended by striking subsection (d) and inserting the following: ``(d) Political Parties.-- ``(1) In general.--Notwithstanding any other provision of law with respect to limitations on expenditures or limitations on contributions, the national committee of a political party and a State committee of a political party, including any subordinate committee of a State committee, may make any amount of expenditures in connection with the general election campaign of a candidate. ``(2) Treatment of expenditures.--An expenditure made under paragraph (1) shall not be treated as a contribution to or expenditure made by the candidate, in connection with whom the expenditure is made, for any purpose.''. (b) Technical Amendment.--Section 315(c)(1) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(c)(1)) is amended by striking ``and subsection (d)''. SEC. 2. REPEAL OF PUBLIC FINANCING AND SPENDING LIMITS. (a) Repeal of Public Financing and Spending Limits.--Section 6096 and chapters 95 and 96 of the Internal Revenue Code of 1986 are repealed. (b) Repeal of Presidential Limits.--Subsections (b) and (g) of section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a) are repealed. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1997. SEC. 3. CONTRIBUTION LIMITS FOR PRESIDENTIAL CANDIDATES. Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a) (as amended by section 2) is amended-- (1) in subsection (a)-- (A) in paragraph (1), by striking ``No person'' and inserting ``Except as provided in subsection (b), no person''; (B) in paragraph (2), by striking ``No multicandidate'' and inserting ``Except as provided in subsection (b), no multicandidate''; and (C) in paragraph (3), by striking ``No individual'' and inserting ``Except as provided in subsection (b), no individual''; and (2) by inserting after subsection (a) the following: ``(b)(1) Notwithstanding the limitations on contributions and expenditures in subsection (a), no person shall make a contribution to a candidate for the office of the United States President or the candidate's authorized political committees with respect to an election for such office that, in the aggregate, exceeds $10,000. ``(2) For purposes of subsection (a)(3), a contribution made to a candidate for the office of the United States President or the candidate's authorized political committees shall not be considered to be a contribution.''. SEC. 4. MODIFICATION OF CONTRIBUTION LIMITS; INDEXING. Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a) is amended-- (1) in subsection (a)-- (A) in paragraph (1)-- (i) in subparagraph (B), by striking ``$20,000'' and inserting ``$60,000''; and (ii) in subparagraph (C), by striking ``$5,000'' and inserting ``$15,000''; (B) in paragraph (2)-- (i) in subparagraph (B), by striking ``$15,000'' and inserting ``$45,000''; and (ii) in subparagraph (C), by striking ``$5,000'' and inserting ``$15,000''; and (C) in paragraph (3)-- (i) by striking ``contributions'' and inserting ``contributions, as described in subparagraphs (A) and (C) of paragraph (1),''; (ii) by striking ``$25,000'' and inserting ``$75,000''; and (iii) by striking the second sentence; (2) in subsection (c)-- (A) in paragraph (1)-- (i) by striking the second and third sentences; (ii) by inserting ``(A)'' before ``At the beginning''; and (iii) by adding at the end the following: ``(B) A limitation established by subsection (a) or (b) shall be increased by the percent difference determined under subparagraph (A), and the increased amount, if not a multiple of $1,000, shall be rounded to the nearest multiple of $1,000. ``(C) Each amount increased under subparagraph (B) shall remain in effect for the 2-year period beginning on the first day following the date of the last general election in the year in which the amount is increased and ending on the date of the next general election.''; and (B) in paragraph (2)(B), by striking ``1974'' and inserting ``1997''. SEC. 5. CONFORMING AMENDMENTS. (a) Internal Revenue Code of 1986.--Subtitle H of the Internal Revenue Code of 1986 is amended in the table of chapters, by striking the items relating to chapters 95 and 96 and inserting the following: ``95. [Repealed.] ``96. [Repealed.]''. (b) Federal Election Campaign Act of 1971.--Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended-- (1) in section 301(1)(B), by inserting ``(not including a national political party)'' after ``political party''; (2) in each of the following provisions, by striking ``or chapter 95 or chapter 96 of the Internal Revenue Code of 1954'': section 301(8)(B)(ix)(II) (2 U.S.C. 431(8)(B)(ix)(II)), section 301(9)(B)(vii)(II) (2 U.S.C. 431(9)(B)(vii)(II)), section 302(i) (2 U.S.C. 432(i)), section 309(a)(4)(B)(ii) (2 U.S.C. 437g(a)(4)(B)(ii)), and section 309(a)(6)(B) (2 U.S.C. 437g(a)(6)(B)); (3) in section 301(9)(B)(vi), by striking ``, except that this clause'' and all that follows through ``section 304(b)''; (4) in section 304(b)(2), by-- (A) adding ``and'' at the end of subparagraph (I); (B) striking ``and'' at the end of subparagraph (J) and inserting a period; and (C) striking subparagraph (K); (5) in section 304(b)(4)(I), by striking ``disbursements not subject to the limitation of section 315(b)'' and inserting ``any disbursements''; (6) in each of the following provisions, by striking ``and chapter 95 and chapter 96 of the Internal Revenue Code of 1954'': section 306(b)(1) (2 U.S.C. 437c(b)(1)), section 307(a)(6) (2 U.S.C. 437d(a)(6)), and section 307(a)(8) (2 U.S.C. 437d(a)(8)); (7) in section 306(c), by striking ``or with chapter 95 or chapter 96 of the Internal Revenue Code of 1954''; (8) in section 308(a)(1), by striking ``, chapter 95 or chapter 96 of the Internal Revenue Code of 1954,''; (9) in section 308(b), by striking ``or in chapter 95 or chapter 96 of the Internal Revenue Code of 1954''; (10) in each of the following provisions, by striking ``or by chapter 95 or chapter 96 of the Internal Revenue Code of 1954'': section 308(c)(2) (2 U.S.C. 437f(c)(2)) and section 311(e) (2 U.S.C. 438(e)); (11) in each of the following provisions, by striking ``or of chapter 95 or chapter 96 of the Internal Revenue Code of 1954'': section 309(a)(1) (2 U.S.C. 437g(a)(1)), section 309(a)(4)(A)(i) (2 U.S.C. 437g(a)(4)(A)(i)), section 309(a)(5)(A) (2 U.S.C. 437g(a)(5)(A)), section 309(a)(5)(B) (2 U.S.C. 437g(a)(5)(B)), section 309(a)(6)(A) (2 U.S.C. 437g(a)(6)(A)), section 309(a)(6)(C) (2 U.S.C. 437g(a)(6)(C)), section 309(d)(2) (2 U.S.C. 437g(d)(2)), and section 309(d)(3) (2 U.S.C. 437g(d)(3)); (12) in section 309(a)(2), by striking ``of chapter 95 or chapter 96 of the Internal Revenue Code of 1954''; (13) in section 309(a)(5)(C), by striking ``or a knowing and willful violation of chapter 95 or chapter 96 of the Internal Revenue Code of 1954,''; (14) in section 311(b), by striking the second sentence; (15) in section 314 by striking ``, and under chapters 95 and 96 of the Internal Revenue Code of 1954,''; and (16) in section 315(a)(5)-- (A) by striking ``offices; (ii) the limitations'' and inserting ``offices; and (ii) the limitations''; and (B) by striking ``; and (iii) the candidate has not elected to receive any funds under chapter 95 or chapter 96 of the Internal Revenue Code of 1954''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1997. | Amends the Federal Election Campaign Act of 1971 (FECA) to repeal the limit on coordinated expenditures and replaces it with a requirement permitting national committees of political parties and State committees of political parties, including any subordinate committees of State committees, to make any amount of expenditures in connection with the general election campaigns of candidates. Prohibits treating such expenditures as contributions to or expenditures made by candidates. Amends the Internal Revenue Code to repeal: (1) the provision permitting an individual to designate income tax payments to the Presidential Election Campaign Fund; (2) the Presidential Election Campaign Fund Act; and (3) the Presidential Primary Matching Payment Account Act. Amends FECA to repeal the limits on expenditures made by presidential candidates. Prohibits: (1) persons from making contributions to presidential candidates or candidates' authorized committees that, in the aggregate, exceeds $10,000; and (2) considering such contributions as contributions for the purpose of applying the aggregate limit on contributions made by individuals. Raises certain contribution limits. Repeals the provision which considers individual contributions made in a year other than the year of the election to be made during the year of the election. |
SECTION 1. SHORT TITLE, ETC. (a) Short Title.--This Act may be cited as the ``Alternative Fuel Utilization and Infrastructure Development Incentives Act of 2005''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this division an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title, etc. Sec. 2. Purpose. Sec. 3. Findings. Sec. 4. Incentives for the installation of alternative fuel refueling stations. Sec. 5. Incentives for the retail sale of alternative fuels as motor vehicle fuel. SEC. 2. PURPOSE. The purpose of this Act is to decrease the dependence of the United States on foreign oil by increasing the use of high ratio blends of gasoline with a minimum 85 percent domestically derived ethanol content (E-85) as an alternative fuel and providing greater access to this fuel for American motorists. SEC. 3. FINDINGS. Congress finds the following: (1) The growing United States reliance on foreign produced petroleum and the recent escalation of crude oil prices demands that all prudent measures be undertaken to increase United States refining capacity, domestic oil production, and expanded utilization of alternative forms of transportation fuels and infrastructure. (2) Recent studies confirm the environmental and overall energy security benefits of high ratio blends of gasoline with a minimum 85 percent domestically derived ethanol content (E- 85), especially with regard to the reduction of greenhouse gas emissions from the national on-road passenger car vehicle fleet. (3) The market penetration of E-85 capable Flexible Fuel Vehicles (FFVs) now exceeds 5,000,000 with an additional 1,000,000 or more FFVs expected to be added annually as automakers continue to respond positively to congressionally provided production incentives. (4) It is further recognized that actual implementation of the use of E-85 fuel has been significantly underutilized due primarily to the lack of E-85 refueling infrastructure availability and promotion and that such utilization rate will continue to lag unless resources are provided to substantially accelerate national refueling infrastructure development. (5) Additionally, incentives in the form of tax credits can serve to stimulate infrastructure development and E-85 fuel utilization. SEC. 4. INCENTIVES FOR THE INSTALLATION OF ALTERNATIVE FUEL REFUELING STATIONS. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 (relating to foreign tax credit, etc.) is amended by adding at the end the following new section: ``SEC. 30B. ALTERNATIVE FUEL VEHICLE REFUELING PROPERTY CREDIT. ``(a) Credit Allowed.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 50 percent of the cost of any qualified alternative fuel vehicle refueling property placed in service by the taxpayer during the taxable year. ``(b) Limitation.-- ``(1) In general.--The credit allowed under subsection (a) with respect to any alternative fuel vehicle refueling property shall not exceed-- ``(A) $30,000 in the case of a property of a character subject to an allowance for depreciation, and ``(B) $1,000 in any other case. ``(2) Phaseout.--In the case of any qualified alternative fuel vehicle refueling property placed in service after December 31, 2010, the limit otherwise applicable under paragraph (1) shall be reduced by-- ``(A) 25 percent in the case of any alternative fuel vehicle refueling property placed in service in calendar year 2011, and ``(B) 50 percent in the case of any alternative fuel vehicle refueling property placed in service in calendar year 2012. ``(c) Definitions.--For purposes of this section-- ``(1) Qualified alternative fuel vehicle refueling property.--Except as provided in paragraph (2), the term `qualified alternative fuel vehicle refueling property' has the meaning given to such term by section 179A(d), but only with respect to any fuel at least 85 percent of the volume of which consists of ethanol. ``(2) Residential property.--In the case of any property installed on property which is used as the principal residence (within the meaning of section 121) of the taxpayer, paragraph (1) of section 179A(d) shall not apply. ``(d) Application With Other Credits.--The credit allowed under subsection (a) for any taxable year shall not exceed the excess (if any) of-- ``(1) the regular tax for the taxable year reduced by the sum of the credits allowable under subpart A and sections 27, 29, and 30, over ``(2) the tentative minimum tax for the taxable year. ``(e) Carryforward Allowed.-- ``(1) In general.--If the credit amount allowable under subsection (a) for a taxable year exceeds the amount of the limitation under subsection (d) for such taxable year, such excess shall be allowed as a credit carryforward for each of the 20 taxable years following the unused credit year. ``(2) Rules.--Rules similar to the rules of section 39 shall apply with respect to the credit carryforward under paragraph (1). ``(f) Special Rules.--For purposes of this section-- ``(1) Basis reduction.--The basis of any property shall be reduced by the portion of the cost of such property taken into account under subsection (a). ``(2) No double benefit.--No deduction shall be allowed under section 179A with respect to any property with respect to which a credit is allowed under subsection (a). ``(3) Property used by tax-exempt entity.--In the case of any qualified alternative fuel vehicle refueling property the use of which is described in paragraph (3) or (4) of section 50(b) and which is not subject to a lease, the person who sold such property to the person or entity using such property shall be treated as the taxpayer that placed such property in service, but only if such person clearly discloses to such person or entity in a document the amount of any credit allowable under subsection (a) with respect to such property (determined without regard to subsection (d)). ``(4) Property used outside united states, etc., not qualified.--No credit shall be allowable under subsection (a) with respect to any property referred to in section 50(b)(1) or with respect to the portion of the cost of any property taken into account under section 179. ``(5) Election not to take credit.--No credit shall be allowed under subsection (a) for any property if the taxpayer elects not to have this section apply to such property. ``(6) Recapture rules.--Rules similar to the rules of section 179A(e)(4) shall apply. ``(g) Regulations.--The Secretary shall prescribe such regulations as necessary to carry out the provisions of this section. ``(h) Termination.--This section shall not apply to any property placed in service after December 31, 2013.''. (b) Conforming Amendments.-- (1) Section 1016(a) is amended by striking ``and'' at the end of paragraph (30), by striking the period at the end of paragraph (31) and inserting ``, and'', and by adding at the end the following new paragraph: ``(32) to the extent provided in section 30B(f)(1).''. (2) Section 55(c)(2) is amended by inserting ``30B(e),'' after ``30(b)(3),''. (3) Section 6501(m) is amended by inserting ``30B(f)(5),'' after ``30(d)(4),''. (4) The table of sections for subpart B of part IV of subchapter A of chapter 1 is amended by inserting after the item relating to section 30A the following new item: ``Sec. 30B. Alternative fuel vehicle refueling property credit.''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act, in taxable years ending after such date. SEC. 5. INCENTIVES FOR THE RETAIL SALE OF ALTERNATIVE FUELS AS MOTOR VEHICLE FUEL. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 (relating to business related credits) is amended by inserting after section 40A the following new section: ``SEC. 40B. CREDIT FOR RETAIL SALE OF ALTERNATIVE FUELS AS MOTOR VEHICLE FUEL. ``(a) General Rule.--The alternative fuel retail sales credit for any taxable year is 35 cents for each gallon of alternative fuel sold at retail by the taxpayer during such year. ``(b) Definitions.--For purposes of this section-- ``(1) Alternative fuel.--The term `alternative fuel' means any fuel at least 85 percent of the volume of which consists of ethanol. ``(2) Sold at retail.-- ``(A) In general.--The term `sold at retail' means the sale, for a purpose other than resale, after manufacture, production, or importation. ``(B) Use treated as sale.--If any person uses alternative fuel (including any use after importation) as a fuel to propel any qualified alternative fuel motor vehicle (as defined in this section) before such fuel is sold at retail, then such use shall be treated in the same manner as if such fuel were sold at retail as a fuel to propel such a vehicle by such person. ``(3) Qualified alternative fuel motor vehicle.--The term `new qualified alternative fuel motor vehicle' means any motor vehicle-- ``(A) which is capable of operating on an alternative fuel, ``(B) the original use of which commences with the taxpayer, ``(C) which is acquired by the taxpayer for use or lease, but not for resale, and ``(D) which is made by a manufacturer. ``(c) Election to Pass Credit.--A person which sells alternative fuel at retail may elect to pass the credit allowable under this section to the purchaser of such fuel or, in the event the purchaser is a tax-exempt entity or otherwise declines to accept such credit, to the person which supplied such fuel, under rules established by the Secretary. ``(d) Pass-Thru in the Case of Estates and Trusts.--Under regulations prescribed by the Secretary, rules similar to the rules of subsection (d) of section 52 shall apply. ``(e) Termination.--This section shall not apply to any fuel sold at retail after December 31, 2010.''. (b) Credit Treated as Business Credit.--Section 38(b) (relating to current year business credit) is amended by striking ``plus'' at the end of paragraph (18), by striking the period at the end of paragraph (19) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(20) the alternative fuel retail sales credit determined under section 40B(a).''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by inserting after the item relating to section 40A the following new item: ``Sec. 40B. Credit for retail sale of alternative fuels as motor vehicle fuel.''. (d) Effective Date.--The amendments made by this section shall apply to fuel sold at retail after the date of the enactment of this Act, in taxable years ending after such date. | Alternative Fuel Utilization and Infrastructure Development Incentives Act of 2005 - Amends the Internal Revenue Code to allow tax credits for: (1) 50 percent of the cost of any residential or commercial alternative fuel vehicle refueling property to store or dispense E-85 fuel (alternative vehicle fuel consisting of at least 85 percent ethanol) that is placed in service; and (2) the retail sale of E-85 fuel for use in an alternative fuel motor vehicle. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Workplace Violence Prevention Tax Credit Act of 1996''. SEC. 2. CONGRESSIONAL FINDINGS. The Congress finds that-- (1) there is an increasing awareness by the business community and the country as a whole regarding the serious problem of workplace violence against women; (2) there is an increased recognition that workplace violence against women has severe implications for the health, safety, and economic well-being of women, as well as the efficiency and profitability of American companies; (3) recent crime statistics clearly show the serious threat of workplace violence against women; (4) homicide is the leading cause of death for women on the job, and husbands, boyfriends, and ex-partners commit 15 percent of all workplace homicides against women; (5) an estimated 8 percent of all rapes occur while victims are working or on duty, at an average annual number of 13,000 workplace rapes each year; (6) husbands and boyfriends commit 13,000 acts of violence against women in the workplace every year; (7) women are more likely than men to be attacked at work by someone known to them, and 5 percent of women victimized at work are attacked by a husband, boyfriend, or ex-partner; (8) surveys of business executives and corporate security directors also underscore the heavy toll that workplace violence takes on American women and American businesses; (9) 49 percent of senior executives recently surveyed said domestic violence has a harmful effect on their company's productivity, 47 percent said spousal abuse negatively impacts attendance, and 44 percent said domestic violence increases health care costs; (10) 94 percent of corporate security and safety directors at companies nationwide rank domestic violence as a high-risk security problem; (11) the public and private sectors--including the legal, medical, social services, business, and religious communities-- must come together to combat violence against women in the workplace; and (12) the Congress, too, must play a role in encouraging companies to promulgate workplace education and safety programs to combat violence against women. SEC. 3. CREDIT FOR COSTS TO EMPLOYERS OF IMPLEMENTING WORKPLACE SAFETY PROGRAMS TO COMBAT VIOLENCE AGAINST WOMEN. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 45C. WORKPLACE SAFETY PROGRAM CREDIT. ``(a) In General.--For purposes of section 38, the workplace safety program credit determined under this section for the taxable year is, for any employer, an amount equal to 40 percent of the violence against women safety and education costs paid or incurred by such employer during the taxable year. ``(b) Definitions.--For purposes of this section-- ``(1) Violence against women safety and education cost.-- ``(A) In general.--The term `violence against women safety and education cost' means any cost certified by the Attorney General to the Secretary as being for the purpose of-- ``(i) ensuring the safety of employees from violent crimes against women, ``(ii) providing counseling to employees with respect to violent crimes against women, ``(iii) providing legal or medical services to employees subjected to, or at risk from, violent crimes against women, ``(iv) educating employees about the issue of violent crimes against women, or ``(v) implementing human resource or personnel policies initiated to protect employees from violent crimes against women. ``(B) Types of costs.--Such term includes costs certified by the Attorney General to the Secretary as being for the purpose of-- ``(i) the hiring of new security personnel in order to address violent crimes against women, ``(ii) the creation of buddy systems or escort systems for walking employees to parking lots, parked cars, subway stations, or bus stops, in order to address violent crimes against women, ``(iii) the purchase or installation of new security equipment, including surveillance equipment, lighting fixtures, cardkey access systems, and identification systems, in order to address violent crimes against women, ``(iv) the establishment of a hotline or a counseling service about violent crimes against women, for the use of individual employees, ``(v) the retention of an attorney to provide legal services to employees seeking restraining orders or other legal recourse from violent crimes against women, ``(vi) the establishment of medical services addressing the medical needs of employees who are victims of violent crimes against women, ``(vii) the retention of a financial expert or an accountant to provide financial counseling to employees seeking to escape from violent crimes against women, ``(viii) the establishment of an education program for employees, consisting of seminars or training sessions about violent crimes against women, ``(ix) studies of the cost, impact, or extent of violent crimes against women at the employer's place of business, if such studies are made available to the public and protect the identity of employees included in the study, ``(x) the publication of a regularly disseminated newsletter or other regularly disseminated educational materials about violent crimes against women, ``(xi) the implementation of leave policies for the purpose of allowing victims of violent crimes against women to pursue legal redress against assailants, including leave from work to attend meetings with attorneys, to give evidentiary statements or depositions, and to attend hearings or trials in court, ``(xii) the implementation of flexible work policies for the purpose of allowing employees who are victims of violent crimes against women, or employees at risk with respect to such crimes, to avoid assailants, or ``(xiii) the implementation of transfer policies for the purpose of allowing employees subjected to violent crimes against women to change office locations within the company in order to avoid assailants, including payment of costs for the transfer and relocation of an employee to another city, county, State, or country for the purpose of maintaining the employee's safety from violent crimes against women. ``(C) Notification of possible tax consequences.-- In no event shall any cost for goods or services which may be included in the income of any employee receiving or benefiting from such goods or services be treated as a violence against women safety and education cost unless the employer notifies the employee in writing of the possibility of such inclusion. ``(2) Violent crimes against women.-- ``(A) In general.--The term `violent crimes against women' includes sexual assault and domestic violence. ``(B) Domestic violence.--The term `domestic violence' includes felony or misdemeanor crimes of violence committed by-- ``(i) a current or former spouse of the victim, ``(ii) a person with whom the victim shares a child in common, ``(iii) a person who is cohabitating with or has cohabitated with the victim as a spouse, ``(iv) a person similarly situated to a spouse of the victim under the domestic violence or family laws of the jurisdiction in which the employee resides or the employer is located, or ``(v) any other adult person against a victim who is protected from the person's acts under the domestic or family violence laws of the jurisdiction in which the employee resides or the employer is located. ``(3) Employee and employer.-- ``(A) In general.--The term `employee' includes any employee of the employer or of any related person, and any spouse or dependent of such an employee. ``(B) Partners and partnerships.--The term `employee' includes a partner and the term `employer' includes a partnership. ``(C) Related persons.--Persons shall be treated as related to each other if such persons are treated as a single employer under subsection (a) or (b) of section 52. ``(c) Coordination With Other Provisions.--No credit or deduction shall be allowed under any other provision of this title for any amount for which a credit is allowed under this section.'' (b) Carryforward, Carryback, and Deduction for Unused Credits.-- (1) Carryforward and carryback.--Subsection (a) of section 38 of such Code (relating to general business credit) is amended by striking ``plus'' at the end of paragraph (10), by striking the period at the end of paragraph (11) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(12) the workplace safety program credit determined under section 45C.'' (2) Transitional rule for carrybacks.--Subsection (d) of section 39 of such Code (relating to transitional rules) is amended by adding at the end the following new paragraph: ``(7) No carryback of section 45c credit before effective date.--No portion of the unused business credit for any taxable year which is attributable to the workplace safety program credit determined under section 45C may be carried back to a taxable year beginning on or before the date of the enactment of section 45C.'' (3) Deduction for unused credits.--Subsection (c) of section 196 of such Code (relating to deduction for certain unused business credits) is amended by striking ``and'' at the end of paragraph (6), by striking the period at the end of paragraph (7) and inserting ``, and'', and by adding at the end the following new paragraph: ``(8) the workplace safety program credit determined under section 45C.'' (c) Credit Not a Defense in Legal Actions.--The allowance of a credit under section 45C of the Internal Revenue Code of 1986 (as added by this Act) shall not absolve employers of their responsibilities under any other law and shall not be construed as a defense to any legal action (other than legal action by the Secretary of the Treasury under such Code). (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45C. Workplace safety program credit.'' (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. | Workplace Violence Prevention Tax Credit Act of 1996 - Amends the Internal Revenue Code to allow a workplace safety program credit to an employer for 40 percent of the safety and education costs paid or incurred by such employer to implement workplace safety programs to combat violence against women. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Warning, Alert, and Response Network Act''. SEC. 2. FEDERAL COMMUNICATIONS COMMISSION DUTIES. (a) Commercial Mobile Service Alert Regulations.--Within 180 days after the date on which the Commercial Mobile Service Alert Advisory Committee, established pursuant to section 3(a), transmits recommendations to the Federal Communications Commission, the Commission shall complete a proceeding to adopt relevant technical standards, protocols, procedures, and other technical requirements based on the recommendations of such Advisory Committee necessary to enable commercial mobile service alerting capability for commercial mobile service providers that voluntarily elect to transmit emergency alerts. The Commission shall consult with the National Institute of Standards and Technology regarding the adoption of technical standards under this subsection. (b) Commercial Mobile Service Election.-- (1) Amendment of commercial mobile service license.--Within 120 days after the date on which the Federal Communications Commission adopts relevant technical standards and other technical requirements pursuant to subsection (a), the Commission shall complete a proceeding-- (A) to allow any licensee providing commercial mobile service (as defined in section 332(d)(1) of the Communications Act of 1934 (47 U.S.C. 332(d)(1))) to transmit emergency alerts to subscribers to, or users of, the commercial mobile service provided by such licensee; (B) to require any licensee providing commercial mobile service that elects, in whole or in part, under paragraph (2) not to transmit emergency alerts to provide clear and conspicuous notice at the point of sale of any devices with which its commercial mobile service is included, that it will not transmit such alerts via the service it provides for the device; and (C) to require any licensee providing commercial mobile service that elects under paragraph (2) not to transmit emergency alerts to notify its existing subscribers of its election. (2) Election.-- (A) In general.--Within 30 days after the Commission issues its order under paragraph (1), each licensee providing commercial mobile service shall file an election with the Commission with respect to whether or not it intends to transmit emergency alerts. (B) Transmission standards; notification.--If a licensee providing commercial mobile service elects to transmit emergency alerts via its commercial mobile service, the licensee shall-- (i) notify the Commission of its election; and (ii) agree to transmit such alerts in a manner consistent with the technical standards, protocols, procedures and other technical requirements implemented by the Commission. (C) No fee for service.--A commercial mobile service licensee that elects to transmit emergency alerts may not impose a separate or additional charge for such transmission or capability. (D) Withdrawal; late election.--The Commission shall establish a procedure-- (i) for a commercial mobile service licensee that has elected to transmit emergency alerts to withdraw its election without regulatory penalty or forfeiture upon advance written notification of the withdrawal to its affected subscribers; (ii) for a commercial mobile service licensee to elect to transmit emergency alerts at a date later than provided in subparagraph (A); and (iii) under which a subscriber may terminate a subscription to service provided by a commercial mobile service licensee that withdraws its election without penalty or early termination fee. (E) Consumer choice technology.--Any commercial mobile service licensee electing to transmit emergency alerts may offer subscribers the capability of preventing the subscriber's device from receiving such alerts, or classes of such alerts, other than an alert issued by the President. Within 2 years after the Commission completes the proceeding under paragraph (1), the Commission shall examine the issue of whether a commercial mobile service provider should continue to be permitted to offer its subscribers such capability. The Commission shall submit a report with its recommendations to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives. (c) Digital Television Transmission Towers Retransmission Capability.--Within 90 days after the date on which the Commission adopts relevant technical standards based on recommendations of the Commercial Mobile Service Alert Advisory Committee, established pursuant to section 3(a), the Commission shall complete a proceeding to require licensees and permittees of noncommercial educational broadcast stations or public broadcast stations (as those terms are defined in section 397(6) of the Communications Act of 1934 (47 U.S.C. 397(6))) to install necessary equipment and technologies on, or as part of, any broadcast television digital signal transmitter to enable the distribution of geographically targeted alerts by commercial mobile service providers that have elected to transmit emergency alerts under this section. (d) FCC Regulation of Compliance.--The Federal Communications Commission may enforce compliance with this Act but shall have no rulemaking authority under this Act, except as provided in subsections (a), (b), (c), and (f). (e) Limitation of Liability.-- (1) In general.--Any commercial mobile service provider (including its officers, directors, employees, vendors, and agents) that transmits emergency alerts and meets its obligations under this Act shall not be liable to any subscriber to, or user of, such person's service or equipment for-- (A) any act or omission related to or any harm resulting from the transmission of, or failure to transmit, an emergency alert; or (B) the release to a government agency or entity, public safety, fire service, law enforcement official, emergency medical service, or emergency facility of subscriber information used in connection with delivering such an alert. (2) Election not to transmit alerts.--The election by a commercial mobile service provider under subsection (b)(2)(A) not to transmit emergency alerts, or to withdraw its election to transmit such alerts under subsection (b)(2)(D) shall not, by itself, provide a basis for liability against the provider (including its officers, directors, employees, vendors, and agents). (f) Testing.--The Commission shall require by regulation technical testing for commercial mobile service providers that elect to transmit emergency alerts and for the devices and equipment used by such providers for transmitting such alerts. SEC. 3. COMMERCIAL MOBILE SERVICE ALERT ADVISORY COMMITTEE. (a) Establishment.--Not later than 60 days after the date of enactment of this Act, the chairman of the Federal Communications Commission shall establish an advisory committee, to be known as the Commercial Mobile Service Alert Advisory Committee (referred to in this section as the ``Advisory Committee''). (b) Membership.--The chairman of the Federal Communications Commission shall appoint the members of the Advisory Committee, as soon as practicable after the date of enactment of this Act, from the following groups: (1) State and local government representatives.-- Representatives of State and local governments and representatives of emergency response providers, selected from among individuals nominated by national organizations representing such governments and personnel. (2) Tribal governments.--Representatives from Federally recognized Indian tribes and National Indian organizations. (3) Subject matter experts.--Individuals who have the requisite technical knowledge and expertise to serve on the Advisory Committee in the fulfillment of its duties, including representatives of-- (A) communications service providers; (B) vendors, developers, and manufacturers of systems, facilities, equipment, and capabilities for the provision of communications services; (C) third-party service bureaus; (D) technical experts from the broadcasting industry; (E) the national organization representing the licensees and permittees of noncommercial broadcast television stations; (F) national organizations representing individuals with special needs, including individuals with disabilities and the elderly; and (G) other individuals with relevant technical expertise. (4) Qualified representatives of other stakeholders and interested parties.--Qualified representatives of such other stakeholders and interested and affected parties as the chairman deems appropriate. (c) Development of System-Critical Recommendations.--Within 1 year after the date of enactment of this Act, the Advisory Committee shall develop and submit to the Federal Communications Commission recommendations-- (1) for protocols, technical capabilities, and technical procedures through which electing commercial mobile service providers receive, verify, and transmit alerts to subscribers; (2) for the establishment of technical standards for priority transmission of alerts by electing commercial mobile service providers to subscribers; (3) for relevant technical standards for devices and equipment and technologies used by electing commercial mobile service providers to transmit emergency alerts to subscribers; (4) for the technical capability to transmit emergency alerts by electing commercial mobile providers to subscribers in languages in addition to English, to the extent practicable and feasible; (5) under which electing commercial mobile service providers may offer subscribers the capability of preventing the subscriber's device from receiving emergency alerts, or classes of such alerts, (other than an alert issued by the President), consistent with section 2(b)(2)(E); (6) for a process under which commercial mobile service providers can elect to transmit emergency alerts if-- (A) not all of the devices or equipment used by such provider are capable of receiving such alerts; or (B) the provider cannot offer such alerts throughout the entirety of its service area; and (7) as otherwise necessary to enable electing commercial mobile service providers to transmit emergency alerts to subscribers. (d) Meetings.-- (1) Initial meeting.--The initial meeting of the Advisory Committee shall take place not later than 60 days after the date of the enactment of this Act. (2) Other meetings.--After the initial meeting, the Advisory Committee shall meet at the call of the chair. (3) Notice; open meetings.--Any meetings held by the Advisory Committee shall be duly noticed at least 14 days in advance and shall be open to the public. (e) Rules.-- (1) Quorum.--One-third of the members of the Advisory Committee shall constitute a quorum for conducting business of the Advisory Committee. (2) Subcommittees.--To assist the Advisory Committee in carrying out its functions, the chair may establish appropriate subcommittees composed of members of the Advisory Committee and other subject matter experts as deemed necessary. (3) Additional rules.--The Advisory Committee may adopt other rules as needed. (f) Federal Advisory Committee Act.--Neither the Federal Advisory Committee Act (5 U.S.C. App.) nor any rule, order, or regulation promulgated under that Act shall apply to the Commercial Mobile Service Alert Advisory Committee. (g) Consultation With NIST.--The Advisory Committee shall consult with the National Institute of Standards and Technology in its work on developing recommendations under subsections (c)(2) and (c)(3). SEC. 4. RESEARCH AND DEVELOPMENT. (a) In General.--The Undersecretary of Homeland Security for Science and Technology, in consultation with the director of the National Institute of Standards and Technology and the chairman of the Federal Communications Commission, shall establish a research, development, testing, and evaluation program based on the recommendations of the Commercial Mobile Service Alert Advisory Committee, established pursuant to section 3(a), to support the development of technologies to increase the number of commercial mobile service devices that can receive emergency alerts. (b) Functions.--The program established under subsection (a) shall-- (1) fund research, development, testing, and evaluation at academic institutions, private sector entities, government laboratories, and other appropriate entities; and (2) ensure that the program addresses, at a minimum-- (A) developing innovative technologies that will transmit geographically targeted emergency alerts to the public; and (B) research on understanding and improving public response to warnings. SEC. 5. GRANT PROGRAM FOR REMOTE COMMUNITY ALERT SYSTEMS. (a) Grant Program.--The Undersecretary of Commerce for Oceans and Atmosphere, in consultation with the Secretary of Homeland Security, shall establish a program under which grants may be made to provide for outdoor alerting technologies in remote communities effectively unserved by commercial mobile service (as determined by the Federal Communications Commission within 180 days after the date of enactment of this Act) for the purpose of enabling residents of those communities to receive emergency alerts. (b) Applications and Conditions.--In conducting the program, the Undersecretary-- (1) shall establish a notification and application procedure; and (2) may establish such conditions, and require such assurances, as may be appropriate to ensure the efficiency and integrity of the grant program. (c) Sunset.--The Undersecretary may not make grants under subsection (a) more than 5 years after the date of enactment of this Act. (d) Limitation.--The sum of the amounts awarded for all fiscal years as grants under this section may not exceed $10,000,000. SEC. 6. FUNDING. (a) In General.--In addition to any amounts provided by appropriation Acts, funding for this Act shall be provided from the Digital Transition and Public Safety Fund in accordance with section 3010 of the Digital Television Transition and Public Safety Act of 2005 (47 U.S.C. 309 note). (b) Compensation.--The Assistant Secretary of Commerce for Communications and Information shall compensate any such broadcast station licensee or permittee for reasonable costs incurred in complying with the requirements imposed pursuant to section 2(c) from funds made available under this section. The Assistant Secretary shall ensure that sufficient funds are made available to effectuate geographically targeted alerts. (c) Credit.--The Assistant Secretary of Commerce for Communications and Information, in consultation with the Undersecretary of Homeland Security for Science and Technology and the Undersecretary of Commerce for Oceans and Atmosphere, may borrow from the Treasury beginning on October 1, 2006, such sums as may be necessary, but not to exceed $106,000,000, to implement this Act. The Assistant Secretary of Commerce for Communications and Information shall ensure that the Under Secretary of Homeland Security for Science and Technology and the Undersecretary of Commerce for Oceans and Atmosphere are provided adequate funds to carry out their responsibilities under sections 4 and 5 of this Act. The Treasury shall be reimbursed, without interest, from amounts in the Digital Television Transition and Public Safety Fund as funds are deposited into the Fund. | Warning, Alert, and Response Network Act - Requires the Federal Communications Commission (FCC) to: (1) adopt technical requirements for commercial mobile service alerts; and (2) establish a Commercial Mobile Service Alert Advisory Committee to make recommendations to the FCC for assisting commercial mobile service providers in providing emergency alerts to their subscribers. Requires the Under Secretary of Homeland Security for Science and Technology to establish a research, development, testing, and evaluation program to support the development of technologies to increase the number of commercial mobile service devices that can receive emergency alerts. Requires the Under Secretary of Commerce for Oceans and Atmosphere to establish a grant program to provide for outdoor alerting technologies in remote communities to enable residents of such communities to receive emergency alerts. Provides for additional funding for commercial mobile service alerts from the Digital Transition and Public Safety Fund. Authorizes the Assistant Secretary of Commerce for Communications and Information to borrow up to $106 million from the Treasury to implement mobile alert programs under this Act. |
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. (a) Short Title.--This Act may be cited as the ``Marriage Tax Penalty Elimination Act of 1998''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) Section 15 Not To Apply.--No amendment made by section 2 shall be treated as a change in a rate of tax for purposes of section 15 of the Internal Revenue Code of 1986 . SEC. 2. ELIMINATION OF MARRIAGE PENALTY IN INDIVIDUAL INCOME TAX RATES. (a) General Rule.--Section 1 (relating to tax imposed) is amended by striking subsections (a) through (e) and inserting the following: ``(a) Married Individuals Filing Joint Returns and Surviving Spouses.--There is hereby imposed on the taxable income of-- ``(1) every married individual (as defined in section 7703) who makes a single return jointly with his spouse under section 6013, and ``(2) every surviving spouse (as defined in section 2(a)), a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $50,700............... 15% of taxable income. Over $50,700 but not over $122,800. $7,605, plus 28% of the excess over $50,700. Over $122,800 but not over $256,200. $27,793, plus 31% of the excess over $122,800. Over $256,200 but not over $556,900. $69,147, plus 36% of the excess over $256,200. Over $556,900.................. $177,399, plus 39.6% of the excess over $556,900. ``(b) Heads of Households.--There is hereby imposed on the taxable income of every head of a household (as defined in section 2(b)) a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $33,950............... 15% of taxable income. Over $33,950 but not over $87,700. $5,092.50, plus 28% of the excess over $33,950. Over $87,700 but not over $142,000. $20,142.50, plus 31% of the excess over $87,700. Over $142,000 but not over $278,450. $36,975.50, plus 36% of the excess over $142,000. Over $278,450.................. $86,097.50, plus 39.6% of the excess over $278,450. ``(c) Other Individuals.--There is hereby imposed on the taxable income of every individual (other than an individual to whom subsection (a) or (b) applies) a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $25,350............... 15% of taxable income. Over $25,350 but not over $61,400. $3,802.50, plus 28% of the excess over $25,350. Over $61,400 but not over $128,100. $13,896.50, plus 31% of the excess over $61,400. Over $128,100 but not over $278,450. $34,573.50, plus 36% of the excess over $128,100. Over $278,450.................. $88,699.50, plus 39.6% of the excess over $278,450. ``(d) Estates and Trusts.--There is hereby imposed on the taxable income of-- ``(1) every estate, and ``(2) every trust, taxable under this subsection a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $1,700................ 15% of taxable income. Over $1,700 but not over $4,000 $255, plus 28% of the excess over $1,700. Over $4,000 but not over $6,100 $899, plus 31% of the excess over $4,000. Over $6,100 but not over $8,350 $1,550, plus 36% of the excess over $6,100. Over $8,350.................... $2,360, plus 39.6% of the excess over $8,350.''. (b) Inflation Adjustment To Apply in Determining Rates for 1999.-- Subsection (f) of section 1 is amended-- (1) by striking ``1993'' in paragraph (1) and inserting ``1998'', (2) by striking ``1992'' in paragraph (3)(B) and inserting ``1997'', and (3) by striking paragraph (7). (c) Conforming Amendments.-- (1) The following provisions are each amended by striking ``1992'' and inserting ``1997'' each place it appears: (A) Section 25A(h). (B) Section 32(j)(1)(B). (C) Section 41(e)(5)(C). (D) Section 68(b)(2)(B). (E) Section 135(b)(2)(B)(ii). (F) Section 151(d)(4). (G) Section 221(g)(1)(B). (H) Section 512(d)(2)(B). (I) Section 513(h)(2)(C)(ii). (J) Section 877(a)(2). (K) Section 911(b)(2)(D)(ii)(II). (L) Section 4001(e)(1)(B). (M) Section 4261(e)(4)(A)(ii). (N) Section 6039F(d). (O) Section 6334(g)(1)(B). (P) Section 7430(c)(1). (2) Subclause (II) of section 42(h)(6)(G)(i) is amended by striking ``1987'' and inserting ``1997''. (3) Subparagraph (B) of section 59(j)(2) is amended by striking ``, determined by substituting `1997' for `1992' in subparagraph (B) thereof''. (4) Subparagraph (B) of section 132(f)(6) is amended by inserting before the period ``, determined by substituting `calendar year 1992' for `calendar year 1997' in subparagraph (B) thereof''. (5) Paragraph (2) of section 220(g) of such Code is amended by striking ``by substituting `calendar year 1997' for `calendar year 1992' in subparagraph (B) thereof''. (6) Subparagraph (B) of section 685(c)(3) is amended by striking ``, by substituting `calendar year 1997' for `calendar year 1992' in subparagraph (B) thereof''. (7) Subparagraph (B) of section 2032A(a)(3) is amended by striking ``by substituting `calendar year 1997' for `calendar year 1992' in subparagraph (B) thereof''. (8) Subparagraph (B) of section 2503(b)(2) is amended by striking ``by substituting `calendar year 1997' for `calendar year 1992' in subparagraph (B) thereof''. (9) Paragraph (2) of section 2631(c) is amended by striking ``by substituting `calendar year 1997' for `calendar year 1992' in subparagraph (B) thereof''. (10) Subparagraph (B) of section 6601(j)(3) is amended by striking ``by substituting `calendar year 1997' for `calendar year 1992' in subparagraph (B) thereof''. (11) Sections 468B(b)(1), 511(b)(1), 641(a), 641(d)(2)(A), and 685(d) are each amended by striking ``section 1(e)'' each place it appears and inserting ``section 1(d)''. (12) Sections 1(f)(2) and 904(b)(3)(E)(ii) are each amended by striking ``(d), or (e)'' and inserting ``or (d)''. (13) Paragraph (1) of section 1(f) is amended by striking ``(d), and (e)'' and inserting ``and (d)''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1998. SEC. 3. ELIMINATION OF MARRIAGE PENALTY IN STANDARD DEDUCTION. (a) In General.--Paragraph (2) of section 63(c) (relating to standard deduction) is amended to read as follows: ``(2) Basic standard deduction.--For purposes of paragraph (1), the basic standard deduction is-- ``(A) $8,500 in the case of-- ``(i) a joint return, or ``(ii) a surviving spouse (as defined in section 2(a)), ``(B) $6,250 in the case of a head of household (as defined in section 2(b)), or ``(C) $4,250 in any other case.'' (b) Technical Amendments.-- (1) Paragraph (4) of section 63(c) is amended to read as follows: ``(4) Adjustments for inflation.--In the case of any taxable year beginning in a calendar year after 1998, each dollar amount contained in paragraph (2) or (5) or subsection (f) 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.'' (2) Subparagraph (A) of section 63(c)(5) is amended by striking ``$500'' and inserting ``$700''. (3) Subsection (f) of section 63 is amended by striking ``$600'' each place it appears and inserting ``$850'' and by striking ``$750'' in paragraph (3) and inserting ``$1,050''. (4) Subparagraph (B) of section 1(f)(6) is amended by striking ``subsection (c)(4) of section 63 (as it applies to subsections (c)(5)(A) and (f) of such section)'' and inserting ``section 63(c)(4)''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1998. | Marriage Tax Penalty Elimination Act of 1998 - Amends the Internal Revenue Code to revise standard deduction amounts and individual income tax rate bracket amounts, including providing that amounts for married filing jointly categories shall be twice that of amounts for single filers. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Border Zone Reasonableness Restoration Act of 2018''. SEC. 2. OVERSIGHT OF POWER TO ENTER PRIVATE LAND AND STOP VEHICLES WITHOUT A WARRANT. (a) In General.--Section 287(a) of the Immigration and Nationality Act (8 U.S.C. 1357(a)) is amended-- (1) in paragraph (5), by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (2) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively; (3) by redesignating paragraphs (4) and (5) as subparagraphs (E) and (F), respectively; (4) in the matter preceding subparagraph (A), as redesignated-- (A) by inserting ``(1)'' before ``Any officer''; (B) by striking ``Service'' and inserting ``Department of Homeland Security''; (C) by striking ``Attorney General'' and inserting ``Secretary of Homeland Security''; and (D) by inserting ``, to the extent permitted by the Fourth Amendment to the Constitution of the United States'' after ``warrant''; (5) in paragraph (1), by striking subparagraph (C), as redesignated, and inserting the following: ``(C) within a distance of 25 air miles from any external boundary of the United States, or such distance as may be prescribed by the Secretary pursuant to paragraph (2), to board and search for aliens any vessel within the territorial waters of the United States and any railway car, aircraft, conveyance, or vehicle for the purpose of patrolling the border to prevent the illegal entry of aliens into the United States; provided that no vehicle may be stopped at a fixed checkpoint under this subparagraph beyond a distance of 10 air miles from any such external boundary without reasonable suspicion that an individual in such vehicle is inadmissible or otherwise not entitled to enter or remain in the United States; ``(D) within a distance of 10 air miles from any such external boundary, or such distance as may be prescribed by the Secretary pursuant to paragraph (2), to have access to private lands, but not dwellings, for the purpose of patrolling the border to prevent the illegal entry of aliens into the United States;''; and (6) by inserting after the flush text following subparagraph (F), as redesignated, the following: ``(2)(A)(i) The Secretary of Homeland Security may establish for a sector or district a distance less than or greater than 25 air miles, but in no case greater than 100 air miles, as the maximum distance from an external boundary of the United States in which the authority described in paragraph (1)(C) may be exercised, if the Secretary certifies that such a distance is necessary for the purpose of patrolling the border to prevent the illegal entry of aliens into the United States, and justified by the considerations listed in subparagraph (B). ``(ii) The Secretary of Homeland Security may establish for a sector or district a distance less than or greater than 10 air miles, but in no case greater than 25 air miles, as the maximum distance from an external boundary of the United States in which the authority described in paragraph (1)(D) may be exercised, if the Secretary certifies that such a distance is necessary for the purpose of patrolling the border to prevent the illegal entry of aliens into the United States, and justified by the considerations listed in subparagraph (B). ``(B) In making the certifications described in subparagraph (A), the Secretary shall consider, as appropriate, land topography, confluence of arteries of transportation leading from external boundaries, density of population, possible inconvenience to the traveling public, types of conveyances used, reliable information as to movements of persons effecting illegal entry into the United States, effects on private property and quality of life for relevant communities and residents, consultations with affected State, local, and tribal governments, including the governor of any relevant State, and other factors that the Secretary considers appropriate. ``(C) A certification made under subparagraph (A) shall be valid for a period of 5 years and may be renewed for additional 5-year periods. If the Secretary finds at any time that circumstances no longer justify a certification, the Secretary shall terminate the certification. ``(D) The Secretary shall submit an annual report to the Committee on the Judiciary of the Senate, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on the Judiciary of the House of Representatives, and the Committee on Homeland Security of the House of Representatives that identifies-- ``(i) the number of certifications made under subparagraph (A); and ``(ii) for each such certification, the sector or district and reasonable distance prescribed, the period of time the certification has been in effect, and the factors justifying the certification.''. (b) Technical and Conforming Amendments.-- (1) Authorities without a warrant.--Section 287(a) of the Immigration and Nationality Act (8 U.S.C. 1357(a)), the undesignated matter following paragraph (2), as added by subsection (a)(5), is amended-- (A) by inserting ``(3)'' before ``Under regulations''; (B) by striking ``paragraph (5)(B)'' both places that term appears and inserting ``subparagraph (F)(ii)''; (C) by striking ``(i)'' and inserting ``(A)''; (D) by striking ``(ii) establish'' and inserting ``(B) establish''; (E) by striking ``(iii) require'' and inserting ``(C) require''; and (F) by striking ``clause (ii), and (iv)'' and inserting ``subparagraph (B), and (D)''. (2) Conforming amendment.--Section 287(e) of such Act (8 U.S.C. 1357(e)) is amended by striking ``paragraph (3) of subsection (a),'' and inserting ``subsection (a)(1)(D),''. | Border Zone Reasonableness Restoration Act of 2018 This bill revises the border zone area in which Department of Homeland Security (DHS) officers may take certain immigration-related actions without a warrant. The Immigration and Nationality Act is amended to permit DHS officers to take the following actions without a warrant in order to patrol the border and prevent the illegal entry of persons: board and search any vessel within U.S. territorial waters and any railway car, aircraft, conveyance, or vehicle within 25 air miles from an external U.S. boundary (a vehicle may not be stopped at a fixed checkpoint beyond 10 air miles from such boundary without reasonable suspicion that an occupant is illegally in the United States); and access private lands, but not dwellings, within 10 air miles from such boundary. DHS may establish, and shall certify to Congress, that: (1) a distance of up to 100 air miles is required in a sector for conveyance searches, and (2) a distance of up to 25 air miles is required in a sector for private land access. In making such certifications DHS shall consider reasons such as land topography, transportation, or consultations with state, local, and tribal governments. |
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