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SECTION 1. SHORT TITLE. This Act may be cited as the ``Census of Americans Abroad Act''. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress finds that-- (1) an estimated 3,000,000 to 6,000,000 Americans live and work overseas while continuing to vote and pay taxes in the United States; (2) Americans residing abroad help increase exports of American goods because they traditionally buy American, sell American, and create business opportunities for American companies and workers, thereby strengthening the United States economy, creating jobs in the United States, and extending United States influence around the globe; (3) with the growing threat of terrorism against Americans who live around the world, the need to account for the number of Americans residing in different countries is even more important; (4) Americans residing abroad play a key role in advancing this Nation's interests by serving as economic, political, and cultural ``ambassadors'' of the United States; and (5) the major business, civic, and community organizations representing Americans and companies of the United States abroad support the counting of all Americans residing abroad by the Bureau of the Census, and are prepared to assist the Bureau of the Census in this task. (b) Sense of Congress.--It is the sense of Congress that-- (1) the Bureau of the Census should undertake a test census of Americans residing in selected countries abroad, and that the necessary funding should be appropriated for this purpose; (2) the Bureau of the Census should, after completing that test census, review the means by which Americans residing abroad may be included in the 2010 decennial census; (3) based on its review (described in paragraph (2)), the Bureau of the Census should again test methodologies that would provide for the counting of Americans residing abroad; and (4) the Bureau of the Census should take appropriate measures to provide for the inclusion of Americans residing abroad in the 2010 decennial census and decennial censuses thereafter. SEC. 3. COUNTING OF AMERICANS RESIDING ABROAD. (a) In General.--The Secretary of Commerce shall-- (1) using any authorities available to the Secretary under section 182 or any other provision of title 13, United States Code, take a test census of Americans residing abroad by September 30, 2004; (2) submit the final tabulations of the test census to the President and Congress within 9 months after the date specified in paragraph (1), broken down into appropriate categories, including-- (A) Americans residing abroad affiliated with the Federal Government, and their dependents; and (B) Americans residing abroad not affiliated with the Federal Government, and their dependents; (3) not later than June 30, 2005, submit to the President and Congress a report containing any recommendations the Secretary may have with respect to the inclusion of Americans residing abroad in future decennial censuses, including-- (A) counting methodologies; (B) the purposes for which any information could or should be used; and (C) whether Americans residing abroad can be included in the 2010 decennial census for purposes of the apportionment of Representatives in Congress among the several States and, if so, how that should be done; (4) after submitting the report required by paragraph (3), but before the end of 2006, again test methodologies for counting Americans residing abroad; and (5) take appropriate measures-- (A) to provide for the inclusion of Americans residing abroad in the 2010 decennial census and decennial censuses thereafter; and (B) to make use of the information obtained from such censuses for such purposes as, and to the maximum extent that, the Secretary considers feasible and appropriate. (b) Confidentiality of Information; Penalties.--The provisions of section 9 and chapter 7 of title 13, United States Code, shall apply with respect to the test census. (c) Limited Use of Data.--The data obtained from the test census may not be used for any purpose not specifically provided for under this section. (d) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this Act. | Census of Americans Abroad Act - Directs the Secretary of Commerce: (1) by September 30, 2004, to take a test census of Americans residing abroad; (2) within nine months after such date, to submit to the President and Congress the final tabulations of such census broken down by Americans residing abroad that are and that are not affiliated with the Federal Government; (3) by June 30, 2005, submit a report containing recommendations on the inclusion of such Americans in future decennial censuses; (4) before the end of 2006, again test methodologies for counting those persons; and (5) provide for inclusion of Americans residing abroad in the decennial censuses of 2010 and thereafter. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Fern Lake Conservation and Recreation Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) Fern Lake and its surrounding watershed in Bell County, Kentucky, and Claiborne County, Tennessee, is within the potential boundaries of Cumberland Gap National Historical Park as originally authorized by the Act of June 11, 1940 (54 Stat 262; 16 U.S.C. 261 et seq.). (2) The acquisition of Fern Lake and its surrounding watershed and its inclusion in Cumberland Gap National Historical Park would protect the vista from Pinnacle Overlook, which is one of the park's most valuable scenic resources and most popular attractions, and enhance recreational opportunities at the park. (3) Fern Lake is the water supply source for the City of Middlesboro, Kentucky, and environs. (4) The 4,500-acre Fern Lake watershed is privately owned, and the 150-acre lake and part of the watershed are currently for sale, but the Secretary of the Interior is precluded by the first section of the Act of June 11, 1940 (16 U.S.C. 261), from using appropriated funds to acquire the lands. (b) Purposes.--The purposes of the Act are-- (1) to authorize the Secretary of the Interior to use appropriated funds if necessary, in addition to other acquisition methods, to acquire from willing sellers Fern Lake and its surrounding watershed in order to protect scenic and natural resources and enhance recreational opportunities at Cumberland Gap National Historical Park; and (2) to allow the continued supply of safe, clean, drinking water from Fern Lake to the City of Middlesboro, Kentucky, and environs. SEC. 3. LAND ACQUISITION, FERN LAKE, CUMBERLAND GAP NATIONAL HISTORICAL PARK. (a) Definitions.--In this section: (1) Fern lake.--The term ``Fern Lake'' means Fern Lake located in Bell County, Kentucky, and Claiborne County, Tennessee. (2) Land.--The term ``land'' means land, water, interests in land, and any improvements on the land. (3) Park.--The term ``park'' means Cumberland Gap National Historical Park, as authorized and established by the Act of June 11, 1940 (54 Stat 262; 16 U.S.C. 261 et seq.). (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the National Park Service. (b) Acquisition Authorized.--The Secretary may acquire for addition to the park lands consisting of approximately 4,500 acres and containing Fern Lake and its surrounding watershed, as generally depicted on the map entitled ``Fern Lake Watershed Boundary Addition, Cumberland Gap National Historical Park'', numbered 380/80,004, and dated May 2001. The map shall be on file in the appropriate offices of the National Park Service. (c) Boundary Adjustment and Administration.--Subject to subsection (d), the Secretary shall revise the boundaries of the park to include the land acquired under subsection (b). The Secretary shall administer the acquired lands as part of the park in accordance with the laws and regulations applicable to the park. (d) Conveyance of Fern Lake.-- (1) Conveyance required.--If the Secretary acquires Fern Lake, the Secretary shall convey, notwithstanding any other law and without consideration, to the city of Middlesboro, Kentucky, all right, title, and interest of the United States in and to Fern Lake, up to the normal operating elevation of 1200.4 feet above sea level, along with the dam and all appurtenances associated with the withdrawal and delivery of water from Fern Lake. (2) Terms of conveyance.--In executing the conveyance under paragraph (1), the Secretary may retain an easement for scenic and recreational purposes. (3) Reversionary interest.--In the event Fern Lake is no longer used as a source of municipal water supply for the city of Middlesboro, Kentucky, and its environs, ownership of Fern Lake shall revert to the United States and it shall be managed by the Secretary as part of the park. (e) Consultation Requirements.--In order to better manage lands acquired under this section in a manner that will facilitate the provision of water for municipal needs, as well as the establishment and promotion of new recreational opportunities at the park, the Secretary shall consult with-- (1) appropriate officials in the States of Kentucky, Tennessee, and Virginia and political subdivisions of these States; (2) organizations involved in promoting tourism in these States; and (3) other interested parties. | Fern Lake Conservation and Recreation Act - Authorizes the Secretary of the Interior, acting through the Director of the National Park Service, to acquire for addition to the Cumberland Gap National Historical Park specified lands which contain Fern Lake and its surrounding watershed located in Bell County, Kentucky, and Claiborne County, Tennessee.Requires the Secretary, upon making such acquisition, to convey the Lake, along with the dam and appurtenances associated with the withdrawal and delivery of water from the Lake, to the City of Middlesboro, Kentucky. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Prescription Drug Affordability Act of 1993''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds that-- (1) although prescription drugs represent one of the most frequently used medical care interventions in treating common acute and chronic diseases, many Americans, especially elderly and other vulnerable populations, are unable to afford their medications because of excessive and persistent prescription drug price inflation; (2) between 1980 and 1990, prescription drug price inflation was 3 times the rate of general inflation; (3) between 1985 and 1991, the prices of the 20 top selling prescription drugs, which account for almost a third of prescription sales, rose 79 percent--nearly 4 times the general rate of inflation; (4) prescription drug manufacturers continue to make enormous profits on the backs of the elderly, poor, and other vulnerable populations that are unable to afford their medications; (5) because of the limited availability of private or public prescription drug coverage for the elderly, prescription drugs represent the highest out-of-pocket medical care cost for 3 of 4 elderly patients, surpassed only by costs of long-term care services; (6) individuals over 65 fill an average of 15 prescriptions a year to treat chronic health conditions compared to 5 prescriptions for those under 65; (7) the Federal Government and American taxpayer provide substantial subsidies to the pharmaceutical industry in the form of tax incentives, tax write-offs, and grants for non- research activities; (8) for example, in 1987 alone, the pharmaceutical industry received a section 936 tax credit of more than $1,400,000,000, and such credit is estimated to have yielded over $2,000,000,000 in tax breaks in 1990 to such industry; (9) when Congress enacted section 936 in 1976, it sought to help Puerto Rico obtain employment-producing investments, however, in 1987 the pharmaceutical industry received over half of the tax benefits provided by section 936 but employed less than 20 percent of the workers; (10) the Department of the Treasury will lose $15,000,000,000 in tax revenues during the 1993 through 1997 period due to section 936; and (11) 17 of the 21 most prescribed drugs in the United States in 1990 are authorized for Puerto Rican manufacture. (b) Purposes.--The purposes of this Act are to insure that the elderly, the chronically ill, and all Americans have access to reasonably-priced pharmaceutical products. SEC. 3. REDUCTION IN POSSESSIONS TAX CREDIT FOR EXCESSIVE PHARMACEUTICAL INFLATION. (a) In General.--Section 936 of the Internal Revenue Code of 1986 (relating to Puerto Rico and possession tax credit) is amended by adding at the end the following new subsection: ``(i) Reduction for Excessive Pharmaceutical Inflation.-- ``(1) In general.--In the case of any manufacturer of single source drugs or innovator multiple source drugs, the amount by which the credit under this section for the taxable year (determined without regard to this subsection) exceeds the manufacturer's wage base for such taxable year shall be reduced by the product of-- ``(A) the amount of such excess, multiplied by ``(B) the sum of the reduction percentages for each single source drug or innovator multiple source drug of the manufacturer for such taxable year. ``(2) Manufacturer's wage base.--For purposes of this subsection-- ``(A) In general.--The manufacturer's wage base for any taxable year is equal to the total amount of wages paid during such taxable year by the manufacturer to eligible employees in Puerto Rico with respect to the manufacture of single source drugs and innovator multiple source drugs. ``(B) Eligible employees.--The term `eligible employee' means any employee of the manufacturer (as defined in section 3121(d)) who is a bona fide resident of Puerto Rico and subject to tax by Puerto Rico on income from sources within and without Puerto Rico during the entire taxable year. ``(C) Wages.--The term `wages' has the meaning given such term by section 3121(a). ``(3) Reduction percentage.--For purposes of this subsection-- ``(A) In general.--The reduction percentage for any drug for any taxable year is the percentage determined by multiplying-- ``(i) the sales percentage for such drug for such taxable year, by ``(ii) the price increase percentage for such drug for such taxable year. ``(B) Sales percentage.--The sales percentage for any drug for any taxable year is the percentage determined by dividing-- ``(i) the total sales of such drug by the manufacturer for such taxable year, by ``(ii) the total sales of all single source drugs and innovator multiple source drugs by the manufacturer for such taxable year. ``(C) Price increase percentage.--The price increase percentage for any drug for any taxable year is the percentage determined by multiplying-- ``(i) 20, times ``(ii) the excess (if any) of-- ``(I) the percentage increase in the average manufacturer's price for such drug for the taxable year over such average price for the base taxable year, over ``(II) the percentage increase in the Consumer Price Index (as defined in section 1(g)(5)) for the taxable year over the base taxable year. ``(D) Total sales.-- ``(i) Domestic sales only.--Total sales shall only include sales for use or consumption in the United States. ``(ii) Sales to related parties not included.--Total sales shall not include sales to any related party (as defined in section 267(b)). ``(E) Average manufacturer's price.--The term `average manufacturer's price' for any taxable year means the average price paid to the manufacturer by wholesalers or direct buyers and purchasers for each single source drug or innovator multiple source drug sold to the various classes of purchasers. ``(F) Base taxable year.--The base taxable year for any single source drug or innovator multiple source drug is the later of-- ``(i) the last taxable year ending in 1991, or ``(ii) the first taxable year beginning after the date on which the marketing of such drug begins. ``(4) Other definitions.--For purposes of this subsection-- ``(A) Manufacturer.-- ``(i) In general.--The term `manufacturer' means any person which is engaged in-- ``(I) the production, preparation, propagation, compounding, conversion, or processing of prescription drug products, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, or ``(II) in the packaging, repackaging, labeling, relabeling, or distribution of prescription drug products. Such term does not include a wholesale distributor of drugs or a retail pharmacy licensed under State law. ``(ii) Controlled groups.--For purposes of clause (i)-- ``(I) Controlled group of corporations.--All corporations which are members of the same controlled group of corporations shall be treated as 1 person. For purposes of the preceding sentence, the term `controlled group of corporations' has the meaning given to such term by section 1563(a), except that `more than 50 percent' shall be substituted for `at least 80 percent' each place it appears in section 1563(a)(1), and the determination shall be made without regard to subsections (a)(4) and (e)(3)(C) of section 1563. ``(II) Partnerships, proprietorships, etc., which are under common control.--Under regulations prescribed by the Secretary, all trades or business (whether or not incorporated) which are under common control shall be treated as 1 person. The regulations prescribed under this subclause shall be based on principles similar to the principles which apply in the case of subclause (I). ``(B) Single source drug.--The term `single source drug' means a drug or biological which is produced or distributed under an original new drug application or product licensing application, including a drug product or biological marketed by any cross-licensed producers or distributors operating under the new drug application or product licensing application. ``(C) Innovator multiple source drug.--The term `innovator multiple source drug' means a multiple source drug (within the meaning of section 1927(k)(7)(A)(i) of the Social Security Act) that was originally marketed under an original new drug application or a product licensing application approved by the Food and Drug Administration. ``(5) Special rules.--For purposes of this subsection-- ``(A) Dosage treatment.--Except as provided by the Secretary, each dosage form and strength of a single source drug or innovator multiple source drug shall be treated as a separate drug. ``(B) Rounding of percentages.--Any percentage shall be rounded to the nearest hundredth of a percent.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1993. SEC. 4. ALLOCATION OF ADDITIONAL REVENUES. The additional revenues received in the Treasury during any fiscal year by reason of the provisions of section 936(i) of the Internal Revenue Code of 1986 (as added by section 3 of this Act) are hereby allocated for accounting purposes to a separate account in the Treasury to be used as follows: (1) 75 percent of such additional revenues shall be used for deficit reduction purposes. (2) 25 percent of such additional revenues shall be used for purposes of developing State prescription drug assistance programs (or supplementing existing State prescription drug assistance programs) for those States with the highest percentage of elderly or poor populations (as determined by the Bureau of the Census). | Prescription Drug Affordability Act of 1993 - Amends the Internal Revenue Code to reduce the amount by which the possession tax credit exceeds the manufacturer's wage base in the case of manufacturers of single source or innovator multiple source drugs. Allocates additional revenues received in the Treasury as a result of this Act as follows: (1) 75 percent for deficit reduction; and (2) 25 percent for developing or supplementing State prescription drug assistance programs for States with the highest percentage of elderly or poor populations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Senior Professional Performance Act of 2008''. SEC. 2. PAY PROVISIONS RELATING TO CERTAIN SENIOR-LEVEL POSITIONS. (a) Locality Pay.--Section 5304 of title 5, United States Code, is amended-- (1) in subsection (g), by amending paragraph (2) to read as follows: ``(2) The applicable maximum under this subsection shall be level III of the Executive Schedule for-- ``(A) positions under subparagraphs (A) and (B) of subsection (h)(1); and ``(B) any positions under subsection (h)(1)(C) as the President may determine.''; and (2) in subsection (h)-- (A) in paragraph (1)-- (i) by striking subparagraph (A); (ii) in subparagraph (D)-- (I) in clause (v), by striking ``or'' at the end; (II) in clause (vi), by striking the period at the end and inserting ``; or''; and (III) by adding at the end the following: ``(vii) a position to which section 5376 applies (relating to certain senior-level and scientific and professional positions).''; and (iii) by redesignating subparagraphs (B), (C), and (D) as subparagraphs (A), (B), and (C), respectively; and (B) in paragraph (2)(B)-- (i) in clause (i)-- (I) by striking ``subparagraphs (A) through (C)'' and inserting ``subparagraphs (A) and (B)''; and (II) by striking ``or (vi)'' and inserting ``(vi), or (vii)''; and (ii) in clause (ii)-- (I) by striking ``paragraph (1)(D)'' and inserting ``paragraph (1)(C)''; and (II) by striking ``or (vi)'' and inserting ``(vi), or (vii)''. (b) Access to Higher Maximum Rate of Basic Pay.--Section 5376(b) of title 5, United States Code, is amended-- (1) in paragraph (1), by striking subparagraph (B) and inserting the following: ``(B) subject to paragraph (3), not greater than the rate of basic pay payable for level III of the Executive Schedule.''; and (2) by adding at the end the following: ``(3) In the case of an agency which has a performance appraisal system which, as designed and applied, is certified under section 5307(d) as making meaningful distinctions based on relative performance, paragraph (1)(B) shall apply as if the reference to `level III' were a reference to `level II'. ``(4) No employee may suffer a reduction in pay by reason of transfer from an agency with an applicable maximum rate of pay prescribed under paragraph (3) to an agency with an applicable maximum rate of pay prescribed under paragraph (1)(B).''. (c) Authority for Employment; Appointments; Classification Standards.--Title 5, United States Code is amended-- (1) in section 3104(a), in the second sentence, by striking ``prescribes'' and inserting ``prescribes and publishes in such form as the Director may determine''; (2) in section 3324(a) by striking ``the Office of Personnel Management'' and inserting: ``the Director of the Office of Personnel Management on the basis of qualification standards developed by the agency involved in accordance with criteria specified in regulations prescribed by the Director''; (3) in section 3325-- (A) in subsection (a), in the second sentence, by striking ``or its designee for this purpose'' and inserting the following: ``on the basis of standards developed by the agency involved in accordance with criteria specified in regulations prescribed by the Director of the Office of Personnel Management''; and (B) by adding at the end the following: ``(c) The Director of the Office of Personnel Management shall prescribe such regulations as may be necessary to carry out the purpose of this section.''; and (4) in section 5108(a)(2) by inserting ``published by the Director of the Office of Personnel Management in such form as the Director may determine'' after ``and procedures''. (d) Effective Date and Application.-- (1) Effective date.--The amendments made by this section shall take effect on the first day of the first pay period beginning on or after the 180th day following the date of enactment of this Act. (2) No reductions in rates of pay.-- (A) In general.--The amendments made by this section may not result, at the time such amendments take effect, in a reduction in the rate of basic pay for an individual holding a position to which section 5376 of title 5, United States Code, applies. (B) Determination of rate of pay.--For the purposes of subparagraph (A), the rate of basic pay for an individual described in that subparagraph shall be deemed to be the rate of basic pay set for the individual under section 5376 of title 5, United States Code, plus any applicable locality pay paid to that individual on the day before the effective date under paragraph (1), subject to regulations that the Director of the Office of Personnel Management may prescribe. (3) References to maximum rates.--Except as otherwise provided by law, any reference in a provision of law to the maximum rate under section 5376 of title 5, United States Code-- (A) as provided before the effective date of the amendments made by this section, shall be considered a reference to the rate of basic pay for level IV of the Executive Schedule; and (B) as provided on or after the effective date of the amendments made by this section, shall be considered a reference to-- (i) the rate of basic pay for level III of the Executive Schedule; or (ii) if the head of the agency responsible for administering the applicable pay system certifies that the employees are covered by a performance appraisal system meeting the certification criteria established by regulation under section 5307(d), level II of the Executive Schedule. SEC. 3. LIMITATIONS ON CERTAIN PAYMENTS. (a) In General.--Section 5307(d) of title 5, United States Code, is amended-- (1) in paragraph (2), by striking all after ``purposes of'' and inserting: ``applying the limitation in the calendar year involved, has a performance appraisal system certified under this subsection as making, in its design and application, meaningful distinctions based on relative performance.''; and (2) in paragraph (3)(B)-- (A) by striking all beginning with ``An'' through ``2 calendar years'' and inserting ``The certification of an agency performance appraisal system under this subsection shall be for a period not to exceed 24 months beginning on the date of certification, unless extended by the Director of the Office of Personnel Management for up to 6 additional months''; and (B) by striking ``, for purposes of either or both of those years,''. (b) Extension of Certification.-- (1) Extension to 2009.-- (A) In general.--For any certification of a performance appraisal system under section 5307(d) of title 5, United States Code, in effect on the date of enactment of this Act and scheduled to expire at the end of calendar year 2008, the Director of the Office of Personnel Management may provide that such a certification shall be extended without requiring additional justification by the agency. (B) Limitation.--The expiration of any extension under this paragraph shall be not later than the later of-- (i) June 30, 2009; or (ii) the first anniversary of the date of the certification. (2) Extension to 2010.-- (A) In general.--For any certification of a performance appraisal system under section 5307(d) of title 5, United States Code, in effect on the date of enactment and scheduled to expire at the end of calendar year 2009, the Director of the Office of Personnel Management may provide that such a certification shall be extended without requiring additional justification by the agency. (B) Limitation.--The expiration of any extension under this paragraph shall be not later than the later of-- (i) June 30, 2010; or (ii) the second anniversary of the date of the certification. (c) Effective Date.--The amendments made by this section shall take effect on the date of enactment of this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate. | Senior Professional Performance Act of 2008 - Amends provisions relating to locality-based comparability payments for federal employees to exempt senior-level (SL) and scientific and professional personnel (ST) employees from limitations on total basic and comparability pay established at level III of the Executive Schedule. Increases the rate of basic pay for certain senior-level positions to level III. Permits a further increase to level II for agencies with a performance appraisal system that has been certified as making meaningful distinctions based on relative performance. Protects employees who are transferred to an agency subject to existing pay limitations from pay reductions. Provides that appointments to positions classified above GS-15 may be made on approval of the appointee's qualifications by the Director of the Office of Personnel Management (OPM) on the basis of qualification standards developed by the agency involved in accordance with criteria prescribed by the Director. Makes the amendments to senior-level pay provisions effective 180 days after enactment. Prohibits a reduction in the rate of basic pay for certain senior-level positions as a result of amendments made by this Act. Limits an agency's certification of performance appraisal systems to 24 months, with an additional extension of up to six months by the Director. Allows extensions of certifications scheduled to expire at the end of 2008 or 2009. |
SECTION 1. CREDIT FOR QUALIFIED EQUITY INVESTMENTS IN COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following new section: ``SEC. 45D. QUALIFIED EQUITY INVESTMENTS IN COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS. ``(a) General Rule.--For purposes of section 38, the community development financial institution investment credit for any taxable year is an amount equal to the applicable percentage of the qualified equity investment made by the taxpayer during the taxable year. ``(b) Applicable Percentage.--For purposes of subsection (a), the term `applicable percentage' means, with respect to any investment, 25 percent, or, if the CDFI Fund establishes a lower percentage with respect to such investment for purposes of this section, such lower percentage. ``(c) Qualified Equity Investment.--For purposes of this section-- ``(1) In general.--The term `qualified equity investment' means any stock or partnership interest in a community development financial institution (as defined in section 103 of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4702))-- ``(A) if such institution is designated for purposes of this section by the CDFI Fund, ``(B) if such stock or partnership interest is acquired by the taxpayer at its original issue from the institution (directly or through an underwriter) in exchange for money or other property, and ``(C) to the extent the amount of such investment is designated for such purposes by such Fund. Rules similar to the rules of section 1202(c)(3) shall apply for purposes of subparagraph (B). ``(2) Criteria for designating institutions.--Designations under paragraph (1)(A) shall be made in accordance with criteria established by the CDFI Fund. In establishing such criteria, the CDFI Fund shall take into account the requirements and criteria set forth in sections 105(b) and 107 of such Act. ``(3) CDFI fund.--The term `CDFI Fund' means the Community Development Financial Institutions Fund established by section 104 of such Act. ``(d) Limitation on Amount of Credit.-- ``(1) In general.--The amount of credit determined under this section for any qualified equity investment shall not exceed the credit amount allocated to such investment by the CDFI Fund. ``(2) Overall limitation.--The aggregate credit amount which may be allocated by the CDFI Fund under this section shall not exceed $100,000,000. ``(e) Recapture of Credit Where Disposition of Equity Investment Within 5 Years.-- ``(1) In general.--If the taxpayer disposes of any investment with respect to which a credit was determined under subsection (a) (or any other property the basis of which is determined in whole or in part by reference to the adjusted basis of such investment) before the end of the 5-year period beginning on the date such investment was made, the tax imposed by this chapter for the taxable year in which such disposition occurs shall be increased by the aggregate decrease in tax of the taxpayer resulting from the credit determined under this subsection (a) with respect to such investment. ``(2) Exceptions.--Paragraph (1) shall not apply to any gift, transfer, or transaction described in paragraph (1), (2), or (3) of section 1245(b). ``(3) Special rule.--Any increase in tax under paragraph (1) shall not be treated as a tax imposed by this chapter for purposes of-- ``(A) determining the amount of any credit allowable under this chapter, and ``(B) determining the amount of the tax imposed by section 55. ``(f) Basis Reduction.--The basis of any qualified equity investment shall be reduced by the amount of any credit determined under this section with respect to such investment. ``(g) Regulations.--The Secretary shall prescribe such regulations as may be appropriate to carry out this section. Such regulations may provide for the recapture of the credit under this section with respect to investments in institutions which cease to satisfy the criteria established by the CDFI Fund for designation under subsection (c)(1)(A). ``(h) Termination.--This section shall not apply to any investment made after December 31, 2006.'' (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (12), by striking the period at the end of paragraph (13) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(14) the community development financial institution investment credit determined under section 45D(a).'' (c) Credit Allowed Against Regular and Minimum Tax.-- (1) In general.--Subsection (c) of section 38 of such Code (relating to limitation based on amount of tax) is amended by redesignating paragraph (3) as paragraph (4) and by inserting after paragraph (2) the following new paragraph: ``(3) Special rules for community development financial institution investment credit.-- ``(A) In general.--In the case of the community development financial institution investment credit-- ``(i) this section and section 39 shall be applied separately with respect to the credit, and ``(ii) in applying paragraph (1) to the credit-- ``(I) 75 percent of the tentative minimum tax shall be substituted for the tentative minimum tax under subparagraph (A) thereof, and ``(II) the limitation under paragraph (1) (as modified by subclause (I)) shall be reduced by the credit allowed under subsection (a) for the taxable year (other than the community development financial institution investment credit). ``(B) Community development financial institution investment credit.--For purposes of this subsection, the term `community development financial institution investment credit' means the credit allowable under subsection (a) by reason of section 45D(a).'' (2) Conforming amendment.--Subclause (II) of section 38(c)(2)(A)(ii) of such Code is amended by inserting ``and the community development financial institution investment credit'' after ``employment credit''. (d) Limitation on Carryback.--Subsection (d) of section 39 of such Code is amended by adding at the end the following new paragraph: ``(8) No carryback of community development financial institution investment credit before effective date.--No portion of the unused business credit for any taxable year which is attributable to the credit under section 45D may be carried back to a taxable year ending before the date of the enactment of section 45D.'' (e) Deduction for Unused Credit.--Subsection (c) of section 196 of such Code 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 community development financial institution investment credit determined under section 45D(a).'' (f) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by adding at the end the following new item: ``Sec. 45D. Qualified equity investments in community development financial institutions.'' (g) Effective Date.--The amendments made by this section shall apply to investments made after the date of the enactment of this Act. | Amends the Internal Revenue Code to allow a (temporary) business-related credit for qualified equity investments in community development financial institutions. Sets forth credit limitation, recapture, deduction for unused credit, and carryback provisions. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Bottled Water Quality Information Act''. SEC. 2. BOTTLED WATER QUALITY REPORTS AND LABELING. (a) In General.--Section 410 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 349) is amended by adding at the end the following: ``(c) Bottled Water Quality Reports.-- ``(1) In general.--The Secretary shall, by regulation, require bottled water quality reports in accordance with paragraph (3). ``(2) Regulations.--In carrying out paragraph (1), the Secretary shall-- ``(A) issue proposed regulations not later than 18 months after the date of enactment of this subsection; and ``(B) issue final regulations not later than 18 months after the period for public comment on such proposed regulations has ended. ``(3) Requirements.--The regulations promulgated under paragraph (1) shall require that each bottled water manufacturer or distributor annually prepare, and make available upon request, a bottled water quality report for each bottled water product that includes-- ``(A) the name and contact information of the bottled water manufacturer or distributor; ``(B) the type of water source (such as a spring, an artesian well, or a public water system); ``(C) a brief and plainly worded definition of the terms `Standard of Identity (SOI)' as described in section 165.110(a) of the Code of Federal Regulations, title 21 (or any successor regulations) and `Standard of Quality (SOQ)' as defined in section 165.110(b) of the Code of Federal Regulations, title 21 (or any successor regulations) and as applied to bottled water under this Act and applicable regulations; ``(D) a brief description of the primary processing (treatment) methods used by the bottled water manufacturer (such as reverse osmosis, ozonation, ultraviolet light, and micron filtration); and ``(E) test results for the microbiological, physical, chemical, and radiological quality of bottled water, as prescribed by section 165.110(b) of the Code of Federal Regulations, title 21 (or any successor regulation). ``(d) Bottled Water Labeling.-- ``(1) In general.--The Secretary shall, by regulation, require each bottled water label to include the information prescribed under paragraph (3). ``(2) Regulations.--In carrying out paragraph (1), the Secretary shall-- ``(A) issue proposed regulations not later than 18 months after the date of enactment of this subsection; and ``(B) issue final regulations not later than 18 months after the period for public comment on such proposed regulations has ended. ``(3) Requirements.--The regulations promulgated under paragraph (1) shall require that each bottled water label include-- ``(A) the name and contact information of the bottled water manufacturer or distributor; ``(B) a statement on how consumers may obtain, upon request, a bottled water quality report as described in subsection (c)(3); and ``(C) the type of water source (such as a spring, artesian well, or public water system). ``(4) Multiservice containers.--For refillable and reusable multiservice containers, the requirements in paragraph (3) may be satisfied by including the required information on one or more of the following: ``(A) The container label. ``(B) The cap label. ``(C) An electronic or manual billing statement provided to the consumer. ``(e) National Uniform Labeling.--No State or political subdivision of a State may directly or indirectly establish or continue in effect any requirement with respect to a bottled water quality report of the type required under subsection (c), or with respect to bottled water labeling of the type required under subsection (d), that is not identical to the requirements of subsection (c) or (d), respectively.''. (b) Prohibited Act.--Section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the following: ``(ddd) The failure by a bottled water manufacturer or distributor to maintain an annual bottled water quality report in accordance with section 410(c).''. (c) Misbranding.--Section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343) is amended by adding at the end the following: ``(z) If it is bottled water and its label fails to include the information required by section 410(d).''. | Bottled Water Quality Information Act - Amends the Federal Food, Drug, and Cosmetic Act to direct the Secretary of Health and Human Services (HHS) to issue regulations requiring each bottled water manufacturer or distributor to annually prepare a report that includes the following: the manufacturer’s or distributor’s name and contact information; type of water source; a plainly worded definition of “Standard of Identity” and “Standard of Quality” as prescribed in current bottled water regulations; a brief description of primary treatment methods used; and test results for the water’s microbiological, physical, chemical, and radiological quality. Requires the Secretary to issue regulations requiring each bottled water label to include the following: the manufacturer’s or distributor’s name and contact information, a statement notifying consumers how to obtain the quality report required by this Act, and type of water source. Prescribes means by which refillable and reusable multiservice containers may fulfill this Act’s requirements. Preempts inconsistent state or local reporting or labeling requirements. Prohibits the distribution of bottled water products not in compliance with this Act. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Labor, Human, and Civil Rights Trade Policy Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The United States has played a leading role in developing global human rights standards since the inception of the country. (2) The first 10 amendments to the Constitution are among the guiding principles that helped develop the Universal Declaration of Human Rights. (3) First Lady Eleanor Roosevelt led the United States delegation and the United Nations in drafting the Universal Declaration of Human Rights. (4) December 10, 2016, marked the 68th anniversary of the adoption of the Universal Declaration of Human Rights. (5) The General Assembly of the United Nations adopted the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights in 1966. (6) The United Kingdom implemented the Slave Trade Act of 1807, setting a global precedent towards the eventual abolishment of slavery in the Americas that the United States eventually followed. (7) The world celebrated the 210th anniversary of the abolition of the transatlantic slave trade on May 1, 2017. (8) On January 1, 2017, the United States recognized the 154th anniversary of the Emancipation Proclamation. (9) The United States has continuously enacted legislation and ratified amendments to the Constitution to improve the protections of the rights of all persons in the United States, including-- (A) the 13th Amendment to the Constitution, ratified in 1865; (B) the Civil Rights Act of 1866 (14 Stat. 27); (C) the 14th Amendment to the Constitution, ratified in 1868; (D) the 19th Amendment to the Constitution, ratified in 1920; (E) the Social Security Act of 1935 (42 U.S.C. 301 et seq.); (F) the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.); (G) the Housing Act of 1949 (63 Stat. 413); (H) the Equal Pay Act of 1963 (Public Law 88-38; 77 Stat. 56); (I) the Civil Rights Act of 1964 (Public Law 88- 352; 78 Stat. 241); (J) the Voting Rights Act of 1965 (Public Law 89- 110; 79 Stat. 437); (K) the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.); (L) the Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.); (M) the McKinney-Vento Homeless Assistance Act of 1987 (42 U.S.C. 11301 et seq.); (N) the Civil Rights Restoration Act of 1988 (Public Law 100-259; 102 Stat. 28); (O) the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.); (P) the Civil Rights Act of 1991 (Public Law 102- 166; 105 Stat. 1071); (Q) the Fannie Lou Hamer, Rosa Parks, Coretta Scott King, Cesar E. Chavez, Barbara C. Jordan, William C. Velasquez, and Dr. Hector P. Garcia Voting Rights Act Reauthorization and Amendments Act of 2006 (Public Law 109-246; 120 Stat. 577); and (R) the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act of 2009 (Public Law 111-84; 123 Stat. 2835). (10) Labor, human, and civil rights standards and protections require constant review and attention. (11) The Millennium Development Goals of the United Nations set forth a 15-year plan to combat poverty, hunger, disease, illiteracy, environmental degradation, and discrimination. (12) The 43rd General Assembly of the Organization of American States adopted the Inter-American Convention against Racism, Racial Discrimination and Related Forms of Intolerance on June 5, 2013. (13) The Global Slavery Index estimates that as many as 45,800,000 people around the world were in some form of modern slavery in 2016. (14) The United States supported the adoption of the Universal Declaration of Human Rights in the United Nations General Assembly and has ratified significant international human rights treaties, including the International Convention on the Elimination of Racism and Discrimination (November 20, 1994), the International Convention on the Prevention and Punishment of the Crime of Genocide (February 23, 1989), the International Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (November 20, 1994), and the International Covenant on Civil and Political Rights (September 8, 1992). (15) The United States has ratified two of the eight fundamental conventions outlined by the International Labor Organization, including the Convention (ILO 105) concerning the abolition of forced labor (September 25, 1992) and the Convention (ILO 182) concerning the prohibition and immediate action for the elimination of the worst forms of child labor (December 2, 2000). (16) The United States has also ratified the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (January 23, 2003) and the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflicts (January 23, 2003). (17) The United States signed the Convention on the Rights of Persons with Disabilities on July 30, 2009. (18) The United States is expected to be a regional and global leader in the international civil and human rights movement, including by fighting discrimination, xenophobia, human, labor, and civil rights abuses as a part of both domestic and foreign policy. (19) Throughout United States history, Congress has addressed, debated, and advanced the protection of human rights through legislation relating to taxes and international trade. (20) On May 10, 2007, President George W. Bush negotiated an agreement with the leadership of the 110th Congress, which intended to strengthen labor, environmental, intellectual property, access to medicines, health, investment, government procurement, and port security standards in United States trade agreements. (21) This bipartisan deal, referred to as the ``May 10th Agreement'', made significant progress in recognizing that human, labor, and civil rights must be an integral component of United States trade policy. (22) United States trade policy cannot be static in a changing global economy, and it is critical that United States trade policy proactively advance domestic and global efforts to improve human, civil, and labor rights and conditions. (23) The trade negotiating objectives of the United States should also address current, emerging, and future attempts to undermine or fail to enhance the living, labor, civil, and human rights standards of the United States or its trading partners. SEC. 3. STRENGTHENING TRADE, LABOR, AND HUMAN RIGHTS. The Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (19 U.S.C. 4201 et seq.) is amended as follows: (1) In section 103(b)(3)-- (A) in subparagraph (B)(ii), by striking ``strictly''; and (B) by adding at the end the following: ``(C) For purposes of subparagraph (B)(ii), a provision may be necessary or appropriate, with respect to a trade agreement, if the provision addresses issues relating to a party to the agreement, such as human rights. ``(D) Notwithstanding subparagraph (A), the provisions of section 151 of the Trade Act of 1974 shall only apply to an implementing bill submitted for an agreement that-- ``(i) achieves the principle negotiating objectives with respect to labor described in section 102(b)(10); ``(ii) explicitly provides that, with respect to any country that is a party to the agreement-- ``(I) any union in such country shall not be required to affiliate with any confederation and shall be free to form and affiliate with any vertical or horizontal workers organization, including any confederation, sector- wide, or industry-wide union of its own choosing; ``(II) workers in such country shall have the right to freely form and join an autonomous and independent union of their choosing; ``(III) any union in such country engaged in collective bargaining with an employer shall be required to demonstrate majority support of that employer's workers, on behalf of whom it is negotiating, prior to registration of any collective bargaining agreement; ``(IV) for purposes of the labor obligations in the agreement relating to procedural guarantees for labor law enforcement, any administrative, quasi- judicial, judicial, or labor tribunals or boards composed of members with direct or indirect interest in matters before them shall not be considered impartial and independent; ``(V) for purposes of evaluating any measures taken by a country to substantially reform its laws or institutions to comply with the core labor standards of the trade agreement, an independent panel of experts must regularly examine and publicly report on the implementation of such reforms, provide recommendations, and identify concerns relating to the compliance of such country with its labor obligations under the agreement, based on input from the parties to the trade agreement, interested stakeholders, and any other relevant information and reporting; and ``(VI) if such independent panel determines that such country is not in compliance with its obligations, the determination shall be treated as an initial report of an arbitration panel under the trade agreement, and the matter shall be addressed in accordance with the normal procedures laid out for such cases, including through an agreement to eliminate the nonconformity in the first instance or, as a last resort, to suspend benefits under the trade agreement; and ``(iii) implements a trade agreement between parties that consistently demonstrate respect for internationally recognized human rights, as indicated through assessments such as the annual Country Reports on Human Rights Practices or the Trafficking in Persons Report, over a period of at least ten years.''. (2) In section 111-- (A) by amending paragraph (7)(E) to read as follows: ``(E) the elimination of discrimination, including discrimination on the basis of race, color, sex, sexual orientation, gender identity, religion, political opinion, national extraction, social origin, age, disability, HIV/AIDS status, engagement in organizing activities, or union membership, with respect to employment and occupation.''; (B) by redesignating paragraphs (18) through (23) as paragraphs (19) through (24), respectively; and (C) by inserting after paragraph (17) the following: ``(18) Internationally recognized human rights.--The term `internationally recognized human rights' means the rights stated in the following: ``(A) The Universal Declaration of Human Rights. ``(B) The International Covenant on Economic, Social and Cultural Rights. ``(C) The Convention on the Elimination of All Forms of Discrimination Against Women and its Optional Protocol. ``(D) The Convention on the Rights of the Child. ``(E) The Convention on the Rights of Persons with Disabilities and its Optional Protocol. ``(F) The Convention for the Protection of All Persons from Enforced Disappearance. ``(G) The First Optional Protocol to the Covenant on Civil and Political Rights. ``(H) The Optional Protocol to the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment.''. | Labor, Human, and Civil Rights Trade Policy Act This bill amends the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 to require trade agreement implementing bills to: (1) achieve the negotiating objectives of adherence by parties to internationally recognized core labor standards; and (2) ensure that parties demonstrate respect for internationally recognized human rights, as indicated through assessments over a period of at least 10 years. For purposes of the meaning of core labor standards, the bill expands the definition of employment discrimination. |
SECTION 1. MINING CLAIMS ON STOCK RAISING HOMESTEAD ACT LANDS. (a) Mineral Entry Under the Stock Raising Homestead Act.--Section 9 of the Act of December 29, 1916, entitled ``An Act to provide for stock-raising homesteads, and for other purposes'' (43 U.S.C. 299), is amended by adding the following at the end thereof: ``(b) Exploration; Location of Mining Claims; Notices.-- ``(1) In general.--(A) Notwithstanding subsection (a) and any other provision of law to the contrary, after the effective date of this subsection no person other than the surface owner may enter lands subject to this Act to explore for, or to locate, a mining claim on such lands without-- ``(i) filing a notice of intention to locate a mining claim pursuant to paragraph (2); and ``(ii) providing notice to the surface owner pursuant to paragraph (3). ``(B) Any person who has complied with the requirements referred to in subparagraph (A) may, during the authorized exploration period, in order to locate a mining claim, enter lands subject to this Act to undertake mineral activities related to exploration that cause no more than a minimal disturbance of surface resources and do not involve the use of mechanized earthmoving equipment, explosives, the construction of roads, drill pads, or the use of toxic or hazardous materials. ``(C) The authorized exploration period referred to in subparagraph (B) shall begin 30 days after notice is provided under paragraph (3) with respect to lands subject to such notice and shall end with the expiration of the 90-day period referred to in paragraph (2)(A) or any extension provided under paragraph (2). ``(2) Notice of intention to locate a mining claim.--Any person seeking to locate a mining claim on lands subject to this Act in order to engage in the mineral activities relating to exploration referred to under paragraph (1)(B) shall file with the Secretary of the Interior a notice of intention to locate a claim on the lands concerned. The notice shall be in such form as the Secretary shall prescribe. The notice shall contain the name and mailing address of the person filing the notice and a legal description of the lands to which the notice applies. The legal description shall be based on the public land survey or on such other description as is sufficient to permit the Secretary to record the notice on the land status records of the Secretary. Whenever any person has filed a notice under this paragraph with respect to any lands, during the 90-day period following the date of such filing, or any extension thereof pursuant to this paragraph, no other person (including the surface owner) may-- ``(A) file such a notice with respect to any portions of such lands; ``(B) explore for minerals or locate a mining claim on any portion of such lands; or ``(C) file an application to acquire any interest in any portion of such lands pursuant to section 209 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1719). If, within such 90-day period, the person who filed a notice under this paragraph files a plan of operations with the Secretary pursuant to subsection (f), such 90-day period shall be extended until the approval or disapproval of the plan by the Secretary pursuant to subsection (f). ``(3) Notice to surface owner.--Any person who has filed a notice of intention to locate a mining claim under paragraph (2) for any lands subject to this Act shall provide written notice of such filing, by registered or certified mail with return receipt, to the surface owner (as evidenced by local tax records) of the lands covered by the notice under paragraph (2). The notice shall be provided at least 30 days before entering such lands and shall contain each of the following: ``(A) A brief description of the proposed mineral activities. ``(B) A map and legal description of the lands to be subject to mineral exploration. ``(C) The name, address and phone number of the person managing such activities. ``(D) A statement of the dates on which such activities, will take place. ``(4) Acreage limitations.--The total acreage covered at any time by notices of intention to locate a mining claim under paragraph (2) filed by any person and by affiliates of such person may not exceed 6,400 acres of lands subject to this Act in any one State and 1,280 acres of such lands for a single surface owner. For purposes of this paragraph, the term `affiliate' means, with respect to any person, any other person which controls, is controlled by, or is under common control with, such person. ``(c) Consent.--Notwithstanding subsection (a) and any other provision of law, after the effective date of this subsection no person may engage in the conduct of mineral activities (other than those relating to exploration referred to in subsection (b)(1)(B)) on a mining claim located on lands subject to this Act without the written consent of the surface owner thereof unless the Secretary has authorized the conduct of such activities under subsection (d). ``(d) Authorized Mineral Activities.--The Secretary shall authorize a person to conduct mineral activities (other than those relating to exploration referred to in subsection (b)(1)(B)) on lands subject to this Act without the consent of the surface owner thereof if such person complies with the requirements of subsections (e) and (f). ``(e) Bond.--(1) Before the Secretary may authorize any person to conduct mineral activities the Secretary shall require such person to post a bond or other financial guarantee in an amount to insure the completion of reclamation pursuant to this Act. Such bond or other financial guarantee shall ensure-- ``(A) payment to the surface owner, after the completion of such mineral activities and reclamation, compensation for any permanent damages to crops and tangible improvements of the surface owner that resulted from mineral activities; and ``(B) payment to the surface owner of compensation for any permanent loss of income of the surface owner due to loss or impairment of grazing, or other uses of the land by the surface owner to the extent that reclamation required by the plan of operations would not permit such uses to continue at the level existing prior to the commencement of mineral activities. ``(2) In determining the bond amount to cover permanent loss of income under paragraph (1)(B), the Secretary shall consider, where appropriate, the potential loss of value due to the estimated permanent reduction in utilization of the land. ``(f) Plan or Operations.--(1) Before the Secretary may authorize any person to conduct mineral activities on lands subject to this Act, the Secretary shall require such person to submit a plan of operations. Such plan shall include procedures for-- ``(A) the minimization of damages to crops and tangible improvements of the surface owner; ``(B) the minimization of disruption to grazing or other uses of the land by the surface owner; and ``(C) payment of a fee for the use of surface during mineral activities equivalent to the loss of income to the ranch operation as established pursuant to subsection (g). ``(2) The Secretary shall provide a copy of the proposed plan of operations to the surface owner at least 45 days prior to the date the Secretary makes a determination as to whether such plan complies with the requirements of this subsection. During such 45-day period the surface owner may submit comments and recommend modifications to the proposed plan of operations to the Secretary. ``(3)(A) The Secretary shall, within 60 days of receipt of the plan, approve the plan of operations if it complies with the requirements of this Act, including each of the following: ``(i) The proposed plan of operations is complete and accurate. ``(ii) The persons submitting the proposed plan of operations has demonstrated that all other applicable Federal and State requirements have been met. ``(B) The Secretary shall notify the person submitting a plan of operations of any modifications to such plan required to bring it into compliance with the requirements of this Act. If the person submitting the plan agrees to modify such plan in a manner acceptable to the Secretary, the Secretary shall approve the plan as modified. In the event no agreement can be reached on the modifications to the plan which, in the opinion of the Secretary, will bring such plan into compliance with the requirements of this Act, then the Secretary shall disapprove the plan and notify both the surface owner and the person submitting the plan of the decision. ``(C) The 60-day period referred to in subparagraph (A) may be extended by the Secretary where additional time is required to comply with other applicable requirements of law. ``(D) The Secretary shall suspend or revoke a plan of operation whenever the Secretary determines, on the Secretary's own motion or on a motion made by the surface owner, that the person conducting mineral activities is in substantial noncompliance with the terms and conditions of an approved plan of operations and has failed to remedy a violation after notice from the Secretary within the time required by the Secretary. ``(4) Final approval of a plan of operations under this subsection shall be conditioned upon compliance with subsections (e) and (g). ``(g) Fee.--The fee referred to in subsection (f)(1) shall be-- ``(1) paid to the surface owner by the person submitting the plan of operations; ``(2) paid in advance of any mineral activities or at such other time or times as may be agreed to by the surface owner and the person conducting such activities; and ``(3) established by the Secretary taking into account the acreage involved and the degree of potential disruption to existing surface uses during mineral activities (including the loss of income to the surface owner and such surface owner's operations due to the loss or impairment of existing surface uses for the duration of the mineral activities), except that such fee shall not exceed the fair market value for the surface of the land. ``(h) Reclamation.--Lands affected by mineral activities under a plan of operations approved pursuant to subsection (f)(3) shall be reclaimed, to the maximum extent practicable, to a condition capable of supporting the uses to which such lands were capable of supporting prior to surface disturbance. Reclamation shall proceed as contemporaneously as practicable with the conduct of mineral activities. ``(i) State Law.--(1) Nothing in this Act shall be construed as affecting any reclamation, bonding, inspection, enforcement, air or water quality standard or requirement of any State law or regulation which may be applicable to mineral activities on lands subject to this Act to the extent that such law or regulation is not inconsistent with this title. ``(2) Nothing in this Act shall be construed as affecting in any way the right of any person to enforce or protect, under applicable law, the interest of such person in water resources affected by mineral activities. ``(j) Inspections.--Should any surface owner of land subject to this Act have reason to believe that they are or may be adversely affected by mineral activities due to any violation of the terms and conditions of a plan of operations approved under subsection (f), such surface owner may request an inspection of such lands. ``The Secretary shall determine within 10 days of the receipt of the request whether the request states a reason to believe that a violation exists, except in the event the surface owner alleges and provides reason to believe that an imminent danger exists, the 10-day period shall be waived and the inspection conducted immediately. When an inspection is conducted under this paragraph, the Secretary shall notify the surface owner and such surface owner shall be allowed to accompany the inspector on the inspection. ``(k) Damages for Failure To Comply.--(1) Whenever the surface owner of any land subject to this Act has suffered any permanent damages to crops or tangible improvements of the surface owner, or any permanent loss of income due to loss or impairment of grazing, or other uses of the land by the surface owner, if such damages or loss result from-- ``(A) any mineral activity undertaken without the consent of the surface owner under subsection (c) or an authorization by the Secretary under subsection (d); or ``(B) the failure of the person conducting mineral activities to remedy to the satisfaction of the Secretary any substantial noncompliance with the terms and conditions of a plan under subsection (f); the surface owner may bring an action in the appropriate United States district court for, and the court may award, double damages plus costs for willful misconduct or gross negligence. ``(2) The surface owner of any land subject to this Act may also bring an action in the appropriate United States district court for double damages plus costs for willful misconduct or gross negligence against any person undertaking any mineral activities on lands subject to this Act in violation of any requirement of subsection (b). ``(3) Any double damages plus costs awarded by the court under this subsection shall be reduced by the amount of any compensation which the surface owner has received (or is eligible to receive) pursuant to the bond or financial guarantee required under subsection (e). ``(l) Payment of Financial Guarantee.--The surface owner of any land subject to this Act may petition the Secretary for payment of all or any portion of a bond or other financial guarantee required under subsection (e) as compensation for any permanent damages to crops and tangible improvements of the surface owner, or any permanent loss of income due to loss or impairment of grazing, or other uses of the land by the surface owner. Pursuant to such a petition, the Secretary may use such bond or other guarantee to provide compensation to the surface owner for such damages and to insure the required reclamation. ``(m) Bond Release.--The Secretary shall release the bond or other financial guarantee required under subsection (e) upon the successful completion of all requirements pursuant to a plan of operations approved under subsection (f). ``(n) Conveyance to Surface Owner.--The Secretary shall take such actions as may be necessary to simplify the procedures which must be complied with by surface owners of lands subject to this Act who apply to the Secretary to obtain title to interests in such lands owned by the United States. ``(o) Definitions.--For the purposes of subsections (b) through (n)-- ``(1) The term `mineral activities' means any activity for, related to or incidental to mineral exploration, mining, and beneficiation activities for any locatable mineral on a mining claim. When used with respect to this term-- ``(A) the term `exploration' means those techniques employed to locate the presence of a locatable mineral deposit and to establish its nature, position, size, shape, grade and value; ``(B) the term `mining' means the processes employed for the extraction of a locatable mineral from the earth; and ``(C) the term `beneficiation' means the crushing and grinding of locatable mineral ore and such processes are employed to free the mineral from the other constituents, including but no necessarily limited to, physical and chemical separation techniques. ``(2) The term `mining claim' means a claim located under the general mining laws of the United States (which generally comprise 30 U.S.C. chapters 2, 12A, and 16, and sections 161 and 162) subject to the terms and conditions of subsections (b) through (p) of this section. ``(3) The term `tangible improvements' includes agricultural, residential and commercial improvements, including improvements made by residential subdividers. ``(p) Minerals Covered.--Subsections (b) through (o) of this section apply only to minerals not subject to disposition under-- ``(1) the Mineral Leasing Act (30 U.S.C. 181 and following); ``(2) the Geothermal Steam Act of 1970 (30 U.S.C. 100 and following); or ``(3) the Act of July 31, 1947, commonly known as the Materials Act of 1947 (30 U.S.C. 601 and following).''. (b) Technical Conforming Amendment.--Section 9 of the Act of December 29, 1916, entitled ``An Act to provide for stock-raising homesteads, and for other purposes'' (43 U.S.C. 299) is amended by inserting ``(a) General Provisions.--'' before the words ``That all entries made''. (c) Effective Date.--The amendments made by this Act shall take effect 180 days after the date of enactment. (d) Regulations.--The Secretary of the Interior shall issue final regulations to implement the amendments made by this Act not later than the effective date of this Act. Failure to promulgate these regulations by reason of any appeal or judicial review shall not delay the effective date as specified in paragraph (c). S 336 RS----2 | Amends Federal law regarding stock-raising homesteads to require a written notice to the surface owner and the Secretary of the Interior (the Secretary) before a person may enter lands for exploration purposes or to locate a mining claim. Provides for an authorized exploration period during which exploring and locating a mining claim may be conducted with specified negligible surface disruption. Limits the total acreage that may be covered at any time by notices of intention to locate a claim. Prohibits any mineral exploration or development activities without the surface owner's written consent (unless the Secretary of the Interior (the Secretary) has authorized them according to prescribed guidelines). Prohibits the Secretary from authorizing any mineral activities unless a plan of operations has been submitted meeting specified criteria. Directs the Secretary to submit such plan of operations for the surface owner's comments and modifications before determining whether it complies with this Act. Requires the person submitting a plan to pay a fee to the surface owner for the use of surface during mineral activities. Requires reclamation of land to return it to a condition capable of supporting the uses which it was capable of supporting before surface disturbance. Authorizes any surface owner to request an inspection if such owner has reason to believe that he may be adversely affected due to any violation of an approved plan of operations. Provides for enforcement through a civil action by the surface owner. Requires the Secretary to simplify the procedure for surface owners who apply to obtain title to interests in Federal lands. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Liability Reform Act of 2007''. SEC. 2. FINDINGS. Congress finds that-- (1) the defects in the United States civil justice system have a direct and undesirable effect on interstate commerce by decreasing the availability of goods and services in commerce; (2) the spiraling costs of litigation and the magnitude and unpredictability of punitive damage awards and noneconomic damage awards have continued unabated for at least the past 30 years; (3) the Supreme Court of the United States has recognized that a punitive damage award can be unconstitutional if the award is grossly excessive in relation to the legitimate interest of the government in the punishment and deterrence of unlawful conduct; (4) just as punitive damage awards can be grossly excessive, so can it be grossly excessive in some circumstances for a party to be held responsible under the doctrine of joint and several liability for damages that party did not cause; (5) as a result of joint and several liability, entities including small businesses are often brought into litigation despite the fact that their conduct may have little or nothing to do with the accident or transaction giving rise to the lawsuit, and may therefore face increased and unjust costs due to the possibility or result of unfair and disproportionate damage awards; (6) due to high liability costs and unwarranted litigation costs, small businesses face higher costs in purchasing insurance through interstate insurance markets to cover their activities; and (7) legislation to address these concerns is an appropriate exercise of the powers of Congress under clauses 3, 9, and 18 of section 8 of article I of the Constitution of the United States, and the 14th amendment to the Constitution of the United States. SEC. 3. DEFINITIONS. In this Act: (1) Crime of violence.--The term ``crime of violence'' has the same meaning as in section 16 of title 18, United States Code. (2) Drug.--The term ``drug'' means any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)) that was not legally prescribed for use by the defendant or that was taken by the defendant other than in accordance with the terms of a lawfully issued prescription. (3) Economic loss.--The term ``economic loss'' means any pecuniary loss resulting from harm (including the loss of earnings or other benefits related to employment, medical expense loss, replacement services loss, loss due to death, burial costs, and loss of business or employment opportunities) to the extent recovery for such loss is allowed under applicable State law. (4) Harm.--The term ``harm'' means any physical injury, illness, disease, or death or damage to property. (5) International terrorism.--The term ``international terrorism'' has the same meaning as in section 2331 of title 18, United States Code. (6) Noneconomic loss.--The term ``noneconomic loss'' means loss for physical or emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium (other than loss of domestic service), injury to reputation, or any other nonpecuniary loss of any kind or nature. (7) Person.--The term ``person'' means any individual, corporation, company, association, firm, partnership, society, joint stock company, or any other entity (including any governmental entity). (8) Punitive damages.--The term ``punitive damages'' means damages awarded against any person or entity to punish or deter such person, entity, or others from engaging in similar behavior in the future. Such term does not include any civil penalties, fines, or treble damages that are assessed or enforced by an agency of State or Federal government pursuant to a State or Federal statute. (9) Small business.-- (A) In general.--The term ``small business'' means any unincorporated business, or any partnership, corporation, association, unit of local government, or organization that has fewer than 50 full-time employees as determined on the date the civil action involving the small business is filed. (B) Calculation of number of employees.--For purposes of subparagraph (A), the number of employees of a subsidiary of a wholly owned corporation includes the employees of-- (i) a parent corporation; and (ii) any other subsidiary corporation of that parent corporation. (10) State.--The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, any other territory or possession of the United States, or any political subdivision of any such State, commonwealth, territory, or possession. SEC. 4. LIMITATION ON PUNITIVE DAMAGES FOR SMALL BUSINESSES. Except as provided in section 6, in any civil action against a small business, punitive damages may, to the extent permitted by applicable Federal or State law, be awarded against the small business only if the claimant establishes by clear and convincing evidence that conduct carried out by that defendant with a conscious, flagrant indifference to the rights or safety of others was the proximate cause of the harm that is the subject of the action. SEC. 5. LIMITATION ON JOINT AND SEVERAL LIABILITY FOR NONECONOMIC LOSS FOR SMALL BUSINESSES. (a) General Rule.--Except as provided in section 6, in any civil action against a small business, the liability of each defendant that is a small business, or the agent of a small business, for noneconomic loss shall be determined in accordance with subsection (b). (b) Amount of Liability.-- (1) In general.--In any civil action described in subsection (a)-- (A) each defendant described in that subsection shall be liable only for the amount of noneconomic loss allocated to that defendant in direct proportion to the percentage of responsibility of that defendant (determined in accordance with paragraph (2)) for the harm to the claimant with respect to which that defendant is liable; and (B) the court shall render a separate judgment against each defendant described in that subsection in an amount determined under subparagraph (A). (2) Percentage of responsibility.--For purposes of determining the amount of noneconomic loss allocated to a defendant under this section, the trier of fact shall determine the percentage of responsibility of each person responsible for the harm to the claimant, regardless of whether or not the person is a party to the action. SEC. 6. EXCEPTIONS TO LIMITATIONS ON LIABILITY. The limitations on liability under sections 4 and 5 do not apply-- (1) to any defendant whose misconduct-- (A) constitutes-- (i) a crime of violence; or (ii) an act of international terrorism; (B) results in liability for damages relating to the injury to, destruction of, loss of, or loss of use of, natural resources described in-- (i) section 1002(b)(2)(A) of the Oil Pollution Act of 1990 (33 U.S.C. 2702(b)(2)(A)); or (ii) section 107(a)(4)(C) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607(a)(4)(C)); (C) involves-- (i) a sexual offense, as defined by applicable State law; or (ii) a violation of a Federal or State civil rights law; (D) occurred at the time the defendant was under the influence (as determined under applicable State law) of intoxicating alcohol or a drug, and the fact that the defendant was under the influence was the cause of any harm alleged by the plaintiff in the subject action; or (2) to any cause of action which is brought under the provisions of title 31, United States Code, relating to false claims (31 U.S.C. 3729-3733) or to any other cause of action brought by the United States relating to fraud or false statements. SEC. 7. PREEMPTION AND ELECTION OF STATE NONAPPLICABILITY. (a) Preemption.--Subject to subsection (b), this title preempts the laws of any State to the extent that State laws are inconsistent with this title. (b) Election of State Regarding Nonapplicability.--This title does not apply to any action in a State court against a small business in which all parties are citizens of the State, if the State enacts a statute-- (1) citing the authority of this subsection; (2) declaring the election of such State that this title does not apply as of a date certain to such actions in the State; and (3) containing no other provision. SEC. 8. EFFECTIVE DATE. This Act shall take effect with respect to any civil action commenced after the date of the enactment of this Act without regard to whether the harm that is the subject of the action occurred before such date. | Small Business Liability Reform Act of 2007 - Allows punitive damages against a small business only if the claimant establishes by clear and convincing evidence that conduct carried out by the defendant with a conscious, flagrant indifference to the rights or safety of others was the proximate cause of the harm that is the subject of the action. States that in any civil action against a small business: (1) each defendant shall be liable only for the amount of noneconomic loss allocated to that defendant in direct proportion to the percentage of responsibility of that defendant for the harm caused to the plaintiff; and (2) the court shall render a separate judgment against each defendant describing such percentage of responsibility. Excepts from such liability limitations specified misconduct of a defendant. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Minority Small Business Enhancement Act of 2009''. SEC. 2. ENHANCEMENT OF SERVICES TO SMALL BUSINESSES THAT ARE DISADVANTAGED. (a) Net Worth.--Section 8(a)(6)(A) of the Small Business Act (15 U.S.C. 637(a)(6)(A)) is amended by inserting after ``disadvantaged individual.'' the following: ``For purposes of eligibility for admission as a Program Participant and for continued eligibility after admission, the net worth of such individual may be any amount less than $1,500,000.''. (b) Time Limit on Participation.--Section 7(j)(15) of the Small Business Act (15 U.S.C. 636(j)(15)) is amended-- (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (2) by inserting ``(A)'' after ``(15)''; and (3) by adding at the end the following: ``(B) No time limitation relating to the period that a small business concern may receive developmental assistance under the Program and contracts under section 8(a) shall apply to a small business concern that has not completed a contract under section 8(a).''. SEC. 3. SURETY BOND GUARANTEES. Section 508(f) of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 159) is amended by striking ``amendments made by this section'' and inserting ``amendment made by subsection (c)''. SEC. 4. BUNDLED CONTRACTS. (a) Definition.--Section 3(o) of the Small Business Act (15 U.S.C. 632(o)) is amended to read as follows: ``(o) Definitions of Bundling of Contract Requirements and Related Terms.--For purposes of this Act: ``(1) Bundled contract.-- ``(A) In general.--The term `bundled contract' means a contract or order that is entered into to meet procurement requirements that are consolidated in a bundling of contract requirements, without regard to its designation by the procuring agency or whether a study of the effects of the solicitation on civilian or military personnel has been made. ``(B) Exceptions.--The term does not include-- ``(i) a contract or order with an aggregate dollar value below the dollar threshold specified in paragraph (5); or ``(ii) a contract or order that is entered into to meet procurement requirements, all of which are exempted requirements under paragraph (6). ``(2) Bundling of contract requirements.-- ``(A) In general.--The term `bundling of contract requirements' means the use of any bundling methodology to satisfy 2 or more procurement requirements for goods or services previously supplied or performed under separate smaller contracts or orders, or to satisfy 2 or more procurement requirements for construction services of a type historically performed under separate smaller contracts or orders, that is likely to be unsuitable for award to a small business concern due to-- ``(i) the diversity, size, or specialized nature of the elements of the performance specified; ``(ii) the aggregate dollar value of the anticipated award; ``(iii) the geographical dispersion of the contract or order performance sites; or ``(iv) any combination of the factors described in clauses (i), (ii), and (iii). ``(B) Inclusion of new features or functions.--A combination of contract requirements that would meet the definition of a bundling of contract requirements but for the addition of a procurement requirement with at least one new good or service shall be considered to be a bundling of contract requirements unless the new features or functions substantially transform the goods or services and will provide measurably substantial benefits to the government in terms of quality, performance, or price. ``(C) Exceptions.--The term does not include-- ``(i) the use of a bundling methodology for an anticipated award with an aggregate dollar value below the dollar threshold specified in paragraph (5); or ``(ii) the use of a bundling methodology to meet procurement requirements, all of which are exempted requirements under paragraph (6). ``(3) Bundling methodology.--The term `bundling methodology' means-- ``(A) a solicitation to obtain offers for a single contract or order, or a multiple award contract or order; or ``(B) a solicitation of offers for the issuance of a task or a delivery order under an existing single or multiple award contract or order. ``(4) Separate smaller contract.--The term `separate smaller contract', with respect to bundling of contract requirements, means a contract or order that has been performed by 1 or more small business concerns or was suitable for award to 1 or more small business concerns. ``(5) Dollar threshold.--The term `dollar threshold' means $65,000,000, if solely for construction services, and $5,000,000 with respect to all other circumstances. ``(6) Exempted requirements.--The term `exempted requirement' means a procurement requirement solely for items that are not commercial items (as the term `commercial item' is defined in section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)). ``(7) Procurement requirement.--The term `procurement requirement' means a determination by an agency that a specified good or service is needed to satisfy the mission of the agency.''. (b) Proposed Procurement Requirements.--Section 15(a) of the Small Business Act (15 U.S.C. 644(a)) is amended-- (1) by striking ``necessary and justified.'' and inserting ``necessary and justified, as well as identifying information on the incumbent contract holders, a description of the industries which might be interested in bidding on the contract requirements, and the number of small businesses listed in the industry categories that could be excluded from future bidding if the contract is combined or packaged.''; and (2) by striking the sentence beginning ``Whenever the Administration and the contracting procurement agency fail to agree,'' and inserting the following: ``Whenever the Administration and the contracting procurement agency fail to agree, the Administrator may review the proposed procurement, may delay the solicitation process for not more than 10 days to make recommendations, and the matter shall be submitted to the Director of the Office of Management and Budget to mediate the disagreement.''. SEC. 5. FEDERAL CONTRACTING GOALS. (a) Increase in Certain Goals.--Section 15(g)(1) of the Small Business Act (15 U.S.C. 644(g)(1)) is amended-- (1) by striking ``not less than 23 percent'' and inserting ``not less than 25 percent''; and (2) by striking ``not less than 5 percent'' each place it appears and inserting ``not less than 10 percent''. (b) Limitation on Number of Categories for Which a Business May Qualify.--Section 15(g) of the Small Business Act (15 U.S.C. 644(g)) is amended by adding at the end the following: ``(3) For purposes of this subsection and subsection (h), with respect to each procurement contract a small business concern may not qualify as more than 2 specified categories, regardless of whether such small business concern satisfies the definition of more than 2 specified categories. The specified categories are small business concerns, small business concerns owned and controlled by service- disabled veterans, qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women.''. (c) Government Accountability Office Study.--Not later than October 1, 2010, the Comptroller General of the United States shall conduct and submit to Congress a report describing the results of a study on disparities in the awarding of Federal contracts to procure goods or services with respect to small business concerns owned and controlled by socially and economically disadvantaged individuals, small business concerns, and other business concerns. | Minority Small Business Enhancement Act of 2009 - Amends the Small Business Act to consider an individual with a net worth of less than $1.5 million as eligible for participation in a Small Business Administration (SBA) program providing grants to small businesses owned and controlled by economically disadvantaged individuals. Allows a small business to receive SBA developmental assistance under the program for the entire period of an SBA-guaranteed loan. Redefines the term "bundled contract" to mean a contract or order entered into to meet procurement requirements that are consolidated in a bundling of contract requirements, without regard to its designation by the procuring agency or whether a study of the effects of the solicitation on civilian or military personnel has been made, subject to exceptions. Expands the definition of "bundling of contract requirements." Makes the revised and expanded definitions inapplicable to contracts for construction services under $65 million or under $5 million for all other types of contracts. Increases from: (1) 23% to 25% the government-wide small business procurement contract goal; and (2) 5% to 10% the government-wide procurement goal for small disadvantaged businesses and women-owned businesses. Limits the number of categories for which a small business may qualify under such goals. Requires a report from the Comptroller General to Congress on disparities in the awarding of federal contracts to small businesses owned and controlled by socially and economically disadvantaged individuals, small businesses, and other businesses. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Protection and Tax Relief Act of 1999''. SEC. 2. FINDINGS. Congress finds the following: (1) Working people are subject to social security taxes as well as income taxes, and for over 90 percent of the population the combined tax on earned income is higher than the income tax rates of 15 percent and 28 percent that apply to unearned income. (2) There is no logical reason why social security taxes should be imposed only on earnings and not on unearned income (such as dividends, interest, rent income, and capital gains). SEC. 3. SOCIAL SECURITY TAX ON CERTAIN UNEARNED INCOME. (a) In General.--Subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to determination of tax liability) is amended by adding at the end the following new part: ``PART VIII--SOCIAL SECURITY TAX ON CERTAIN UNEARNED INCOME ``Sec. 59B. Social security tax on certain unearned income. ``SEC. 59B. SOCIAL SECURITY TAX ON CERTAIN UNEARNED INCOME. ``(a) Imposition of Tax.--In the case of an individual, there is hereby imposed (in addition to any other tax imposed by this subtitle) for each taxable year a tax equal to 12 percent of such individual's social security taxable income for such taxable year. ``(b) Definitions.--For purposes of this section-- ``(1) Social security taxable income.--The term `social security taxable income' means adjusted gross income reduced by the greater of-- ``(A) the sum of-- ``(i) the standard deduction applicable to the taxpayer (or which would be applicable if the taxpayer did not elect to itemize deductions for the taxable year), and ``(ii) the deduction for personal exemptions under section 151 (determined without regard to subsection (d)(3) thereof), or ``(B) the aggregate exempt income of the taxpayer for the taxable year. ``(2) Exempt income.--The term `exempt income' means the following amounts to the extent included in gross income: ``(A) Amounts received as a pension or annuity from a qualified plan (as defined in section 4980(c)(1)). ``(B) Amounts received as a social security benefit (as defined in section 86(d)). ``(C) Amounts received as earned income (within the meaning of section 911(d)). ``(c) Credits Not Allowed, Etc.--The tax imposed by this section shall not be treated as a tax imposed by this chapter for purposes of determining-- ``(1) the amount of any credit allowable under this chapter, or ``(2) the amount of the minimum tax imposed by section 55.''. (b) Clerical Amendment.--The table of parts for subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Part VIII. Social security tax on certain unearned income.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1999. (d) Transfers to Trust Funds.-- (1) In general.--There are hereby appropriated to the payor funds amounts equivalent to the tax imposed by section 59B of such Code (as added by this section). The Secretary of the Treasury shall make appropriate allocations of revenue received in the general fund of the Treasury to each payor fund. (2) Transfers.--The amounts appropriated by paragraph (1) to any payor fund shall be transferred from time to time (but not less frequently than quarterly) from the general fund of the Treasury on the basis of estimates made by the Secretary of the Treasury of the amounts referred to in such paragraph. Any such quarterly payment shall be made on the first day of such quarter and shall take into account revenue estimated to be received during such quarter. Proper adjustments shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. (3) Definitions.--For purposes of this subsection-- (A) Payor fund.--The term ``payor fund'' means any trust fund or account from which payments of social security benefits are made. (B) Social security benefits.--The term ``social security benefits'' has the meaning given such term by section 86(d) of the Internal Revenue Code of 1986. SEC. 4. CHANGE IN RATES OF SOCIAL SECURITY TAXES. (a) Decrease in Rate of OASDI Tax on Employees.--The table in section 3101(a) of the Internal Revenue Code of 1986 is amended by striking the last item and inserting the following: ``1990 or any year before 2000................ 6.2 percent ``2000 or thereafter.......................... 4.95 percent.'' (b) Decrease in Rate of OASDI Tax on Employers.--The table in section 3111(a) of such Code is amended by striking the last item and inserting the following: ``1990 or any year before 1999................ 6.2 percent ``1999 or thereafter.......................... 4.95 percent.'' (c) Decrease in Rate of OASDI Tax on Self-Employment Income.--The table in section 1401(a) of such Code is amended by striking the last item and inserting the following: ``December 31, 1989................. January 1, 2000........ 12.4 ``December 31, 1999................. ....................... 9.9.'' | Social Security Protection and Tax Relief Act of 1999 - Amends the Internal Revenue Code to impose a 12 percent tax on an individual's "social security taxable income." Defines such income. Decreases the old age, survivors, and disability income (social security taxes) tax rates. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Enhancing America's Security through Redeployment from Iraq Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The men and women of the United States Armed Forces have performed brilliantly in Iraq and served the Nation courageously. (2) The worsening situation in Iraq is a product of ongoing sectarian violence in which the United States Armed Forces have been asked to take sides and referee an ongoing civil war. (3) Sending more United States troops to Iraq, and remaining there indefinitely, will only further increase the dependence of the people of Iraq on the United States, both politically and militarily, at a time when Iraqis should be shouldering increased responsibility for their country. (4) The failure to confidently engage diplomatically with all countries in the region, including Iran and Syria, has foreclosed opportunities to further the stability of Iraq. (5) The loss of national treasure--with billions of dollars in reconstruction aid unaccounted for, and billions of dollars being spent for a conflict with elusive, ever-changing goals, while United States ground forces are strained almost to the breaking point--has negatively impacted United States military readiness and hindered the ability of the United States to focus on other security priorities both at home and abroad. (6) As a result, continuing in the current direction in Iraq means less security and a greater strategic security risk for the United States by diverting the attention and resources needed to advance more significant United States security goals in the Global War on Terror and to address regional challenges from Afghanistan, North Korea, and Iran to the Western Pacific and Middle East regions. (7) Maintaining a strong United States military presence in the Middle East and Southwest Asia regions is necessary to ensure the protection and advancement of United States and allied interests. SEC. 3. DECLARATIONS OF POLICY. Congress makes the following declarations of policy: (1) The United States must communicate unequivocally to the political leaders in Iraq that they must take the difficult political steps necessary to cease the sectarian violence in Iraq, including building coalitions among competing sects, ensuring minority rights, balancing power between provincial and central governments, and sharing oil revenues among all regions of Iraq. (2) The United States must create strong incentives for countries in the region to engage constructively with Iraq. (3) The policy goals of paragraphs (1) and (2) cannot be accomplished by continuing an open-ended United States military commitment to Iraq. Rather, only by setting a deliberate timetable for the redeployment of United States Armed Forces from Iraq will the United States be able to ensure that the political leaders of Iraq acknowledge and accept that they must take the difficult political steps necessary to cease the sectarian violence in Iraq, understanding that they would otherwise bear the consequences of not assuming responsibility for their country. SEC. 4. REDEPLOYMENT OF UNITED STATES MILITARY FORCES FROM IRAQ. (a) Redeployment Required.-- (1) Requirement.--Except as provided in subsection (b), not later than December 31, 2007, all United States Armed Forces serving in Iraq as part of Operation Iraqi Freedom shall be redeployed outside of Iraq, to locations within the Middle East or Southwest Asia regions or to other regions or nations, or returned to the United States. (2) Purpose and pace of redeployment.--The redeployment required by this subsection shall be carried out for purposes of both enhancing the global security interests of the United States and improving the military readiness of the United States. The Secretary of Defense shall ensure that the redeployment is carried out at deliberate, orderly pace that allows for the full security of members of the Armed Forces. (b) Exceptions to Redeployment Requirement.--The redeployment required by subsection (a) shall not apply to the following: (1) Special operations forces.--Special operations forces assigned outside of Iraq that conduct either targeted counter- terrorism operations or periodic support operations of the Iraqi security forces in Iraq. (2) Military liaison teams.--Military or civilian personnel on military liaison teams involved in military-to-military contacts and comparable activities between the United States and Iraq, as authorized under section 168 of title 10, United States Code. (3) Air support.--Members of the Air Force, Navy, and Marine Corps assigned to locations outside Iraq for purposes of conducting air operations in Iraq (including air operations in support of combat operations) to support the Iraqi security forces. (4) Counter-terrorism operations.--Members of the Armed Forces conducting targeted counter-terrorism operations in Iraq. (5) Security for united states diplomatic missions in iraq.--Members of the Armed Forces providing security for the United States Embassy and other United States diplomatic missions in Iraq. (6) Defense attache.--Personnel conducting routine functions of the Office of Defense Attache. SEC. 5. LIMITATION ON USE OF FUNDS. Funds appropriated or otherwise made available to the Department of Defense under any provision of law for Operation Iraqi Freedom may be obligated or expended after December 31, 2007, only for personnel described in and activities carried out pursuant to section 4(b). SEC. 6. DIPLOMATIC EFFORTS BY THE UNITED STATES. It is the sense of Congress that-- (1) the United States should take a leadership role in diplomatic efforts and negotiations necessary for countries in the region, including Iran and Syria, to work together to ensure the long-term stability of Iraq, which is in the best interests of such countries and the United States; and (2) the United States should convene an international conference to bring together countries throughout the world to provide economic aid for rebuilding the infrastructure of Iraq and other reconstruction efforts in Iraq that are essential to ensure the long-term stability of Iraq. | Enhancing America's Security Through Redeployment from Iraq Act - Requires that, no later than December 31, 2007, all U.S. Armed Forces serving in Iraq be redeployed outside of Iraq, either to locations within the Middle East or Southwest Asia regions or other regions or nations, or to the United States. Provides redeployment exceptions with respect to: (1) special operations forces performing counter-terrorism operations or support operations for Iraqi security forces; (2) military liaison teams; (3) air support operations for Iraqi security forces; (4) counter-terrorism operations in Iraq; and (5) security for U.S. diplomatic missions in Iraq. Allows funds appropriated to the Department of Defense (DOD) for Operation Iraqi Freedom to be obligated or expended after such deadline only for personnel performing such excepted operations. Expresses the sense of Congress that the United States should: (1) take a leadership role in diplomatic efforts and negotiations for the long-term stability of Iraq; and (2) convene an international conference to provide economic aid for rebuilding the infrastructure of Iraq and other efforts essential to ensure its long-term stability. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Limpopo River Debt Relief and Reconstruction Act of 2000''. SEC. 2. FINDINGS. The Congress finds the following: (1) Beginning on February 9, 2000, the southern African countries of Botswana, Lesotho, Madagascar, Mozambique, South Africa, Swaziland, Zambia, and Zimbabwe began to experience severe flooding caused by days of heavy rain and cyclones, and the Republic of Mozambique bore the brunt of these torrential rains and experienced the worst flooding in 50 years. (2) Flooding along the Limpopo River in Mozambique is particularly severe. (3) The extent of the death and destruction caused by these floods is still unknown. (4) Because of the floods, there are hundreds of thousands of homeless people living in camps in these countries. These displaced people are in desperate need of food, clean water, medicine, blankets and tents. (5) Many of these countries' roads and bridges have been completely washed out, and their infrastructure has been severely damaged. (6) These countries need long-term economic and technical assistance for the repair and reconstruction of roads and bridges, schools and hospitals, energy infrastructure, telecommunications facilities and other essential infrastructure. (7) The governments of these countries cannot adequately address the immediate needs of displaced people or invest in long-term development while continuing to make debt payments to foreign governments. (8) Debt cancellation and reconstruction assistance are essential to allow these countries to provide for the needs of their people, repair their damaged infrastructure and rebuild their economies. TITLE I--DEBT RELIEF SEC. 101. BILATERAL DEBT FORGIVENESS. (a) Cancellation of Debt.--Subject to amounts provided in advance in appropriations Acts, the President shall cancel all amounts owed to the United States (or any agency of the United States) by eligible countries (as defined in section 301) as a result of concessional and nonconcessional loans made, guarantees or insurance issued, or credits extended under any provision of law. (b) Special Provisions.-- (1) Cancellation of debt not considered to be assistance.-- Except as the President may otherwise determine for reasons of national security, a cancellation of debt under subsection (a) shall not be considered to be assistance for purposes of any provision of law limiting assistance to a country. (2) Inapplicability of certain prohibitions relating to cancellation of debt.--The authority to provide for cancellation of debt under subsection (a) may be exercised notwithstanding section 620(r) of the Foreign Assistance Act of 1961 or any similar provision of law. (3) Other debt cancellation authorities.--The authority to cancel debt under subsection (a) is in addition to the authority to cancel debt under any other provision of law and does not in any way limit or otherwise affect such other authority. (c) Authorization of Appropriations.--For the cost (as defined in section 502(5) of the Federal Credit Reform Act of 1990) of the cancellation of any debt under subsection (a), there are authorized to be appropriated to the President such sums as may be necessary for each of the fiscal years 2001 and 2002. SEC. 102. DEBT FORGIVENESS BY PARIS CLUB MEMBERS. The Congress urges the President to use the influence of the United States within the Paris Club of Official Creditors to urge each nation that is a member of the Paris Club of Official Creditors to cancel all debt owed to the nation by the government of any eligible country. SEC. 103. DEBT FORGIVENESS BY INTERNATIONAL FINANCIAL INSTITUTIONS. The Secretary of the Treasury shall instruct the United States Executive Directors at the International Bank for Reconstruction and Development, the International Monetary Fund, the African Development Bank, and the African Development Fund to use the voice, vote, and influence of the United States to urge their respective institutions to cancel all debt owed to the institution by the government of any eligible country. TITLE II--RECONSTRUCTION AID SEC. 201. BILATERAL AID. Chapter 9 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2292 et seq.) is amended by adding at the end the following: ``Sec. 495L. Southern Africa Relief and Reconstruction Assistance.-- ``(a) Authorization of Assistance.--The President is authorized to provide assistance for relief, reconstruction, and related recovery activities in southern Africa as a result of the severe flooding that began on February 9, 2000, in the southern African nations of Botswana, Lesotho, Madagascar, Mozambique, South Africa, Swaziland, Zambia, and Zimbabwe. Assistance under this subsection shall be provided on a grant basis. ``(b) Policies and Authorities To Be Applied.--Assistance under subsection (a) shall be furnished in accordance with the policies and general authorities contained in section 491. ``(c) Authorization of Appropriations.--In addition to amounts otherwise available for carrying out subsection (a), there are authorized to be appropriated to carry out this section such sums as may be necessary for each of the fiscal years 2001 and 2002.''. SEC. 202. AID BY PARIS CLUB MEMBERS. The Congress urges the President to use the influence of the United States within the Paris Club of Official Creditors to urge each country that is a member of the Paris Club of Official Creditors to provide grants to the government of each eligible country for the repair and reconstruction of the infrastructure of the country that has been damaged or destroyed by the flooding in southern Africa that began on February 9, 2000. SEC. 203. AID BY INTERNATIONAL FINANCIAL INSTITUTIONS. The Secretary of the Treasury shall instruct the United States Executive Directors at the International Bank for Reconstruction and Development, the International Monetary Fund, the African Development Bank, and the African Development Fund to use the voice, vote, and influence of the United States to urge their respective institutions to provide grants to the government of each eligible country for the repair and reconstruction of the infrastructure of the country that has been damaged or destroyed by the flooding in southern Africa that began on February 9, 2000. TITLE III--ELIGIBLE COUNTRIES SEC. 301. DEFINITION OF ELIGIBLE COUNTRY. In this Act, the term ``eligible country'' means Botswana, Lesotho, Madagascar, Mozambique, South Africa, Swaziland, Zambia, and Zimbabwe. | (Sec. 101) Provides that cancellation of debt shall not be considered to be assistance for purposes of any law limiting assistance to a country. Authorizes appropriations. (Sec. 102) Urges the President to use U.S. influence within the Paris Club of Official Creditors to urge each nation that is a member to the Club to cancel all debt owed to the nation by an eligible country. (Sec. 103) Directs the Secretary of the Treasury to instruct the U.S. Executive Directors at specified international financial institutions to use the U.S. vote to urge such institutions to cancel all debt owed to it by any eligible country. Title II: Reconstruction Aid - Amends the Foreign Assistance Act of 1961 to authorize the President to provide grant assistance for relief, reconstruction, and related recovery activities in southern Africa, in particular the eligible countries, as a result of the severe flooding that began on February 9, 2000. (Sec. 201) Authorizes appropriations. (Sec. 202) Urges the President to use U.S. influence within the Paris Club of Official Creditors to urge each country that is a member of the Club to provide grants to each eligible country for the repair and reconstruction of the infrastructure of the country that has been damaged or destroyed by the flooding in southern Africa that began on February 9, 2000. (Sec. 203) Directs the Secretary of the Treasury to instruct the U.S. Executive Directors at specified international financial institutions to use the U.S. vote to urge such institutions to provide grants to each eligible country for the repair and reconstruction of the infrastructure of the country that has been damaged or destroyed by the flooding in southern Africa that began on February 9, 2000. Title III: Eligible Countries - Defines "eligible country" to mean Botswana, Lesotho, Madagascar, Mozambique, South Africa, Swaziland, Zambia, and Zimbabwe. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Health Insurance for Long-Term Development Act of 1996''. SEC. 2. PURPOSE. The purpose of this act is to provide health insurance coverage for children during the Infant Neurological Risk Exposure Period (INREP). The INREP extends through age 3 and encompasses the period of most rapid neurological changes in young children. Health coverage will improve children's health and, through routine health supervision, promote parents' caregiving skills through these critical years. SEC. 3. FINDINGS. Congress finds that-- (1) 86 percent of children with private health insurance are under-insured with respect to well-child care; (2) because the human brain develops rapidly until the age of 3, children need regular screenings and follow-up care to detect neurological abnormalities and ensure normal development; (3) regular pediatric visits enable physicians to provide guidance on parental activities, such as reading, that stimulate the brain development of infants; and (4) children deserve health care coverage that promotes normal brain and nervous system development. SEC. 4. DEFINITIONS. As used in this Act: (1) Beneficiary.--The term ``beneficiary'' has the meaning given such term under section 3(8) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(8)). (2) Child.--The term ``child'' means an individual who is age 3 or younger. (3) Employee health benefit plan.-- (A) In general.--The term ``employee health benefit plan'' means any employee welfare benefit plan, governmental plan, or church plan (as defined under paragraphs (1), (32), and (33) of section 3 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002 (1), (32), and (33))) that provides or pays for health benefits (such as provider and hospital benefits) for participants and beneficiaries whether-- (i) directly; (ii) through a health plan offered by a health plan issuer as defined in paragraph (6); or (iii) otherwise. (B) Rule of construction.--An employee health benefit plan shall not be construed to be a health plan or a health plan issuer. (C) Arrangements not included.--Such term does not include the following, or any combination thereof: (i) Coverage only for accident, or disability income insurance, or any combination thereof. (ii) Medicare supplemental health insurance (as defined under section 1882(g)(1) of the Social Security Act (42 U.S.C. 1395ss(g)(1))). (iii) Coverage issued as a supplement to liability insurance. (iv) Liability insurance, including general liability insurance and automobile liability insurance. (v) Workers' compensation or similar insurance. (vi) Automobile medical payment insurance. (vii) Coverage for a specified disease or illness. (viii) Hospital or fixed indemnity insurance. (ix) Short-term limited duration insurance. (x) Credit-only, dental-only, or vision- only insurance. (xi) A health insurance policy providing benefits only for long-term care, nursing home care, home health care, community-based care, or any combination thereof. (4) Group purchaser.--The term ``group purchaser'' means any person (as defined in section 3(9) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(9))) or entity that purchases or pays for health benefits (such as provider or hospital benefits) on behalf of participants or beneficiaries in connection with an employee health benefit plan. (5) Health plan.-- (A) In general.--The term ``health plan'' means any group health plan or individual health plan. (B) Group health plan.--The term ``group health plan'' means any contract, policy, certificate, or other arrangement offered by a health plan issuer to a group purchaser that provides or pays for health benefits (such as provider and hospital benefits) in connection with an employee health benefit plan. (C) Individual health plan.--The term ``individual health plan'' means any contract, policy, certificate, or other arrangement offered by a health plan issuer to individuals that provides or pays for health benefits (such as provider and hospital benefits) and that is not a group health plan. (D) Arrangements not included.--Such term does not include the following, or any combination thereof: (i) Coverage only for accident, or disability income insurance, or any combination thereof. (ii) Medicare supplemental health insurance (as defined under section 1882(g)(1) of the Social Security Act). (iii) Coverage issued as a supplement to liability insurance. (iv) Liability insurance, including general liability insurance and automobile liability insurance. (v) Workers' compensation or similar insurance. (vi) Automobile medical payment insurance. (vii) Coverage for a specified disease or illness. (viii) Hospital or fixed indemnity insurance. (ix) Short-term limited duration insurance. (x) Credit-only, dental-only, or vision- only insurance. (xi) A health insurance policy providing benefits only for long-term care, nursing home care, home health care, community-based care, or any combination thereof. (E) Certain plans included.--Such term includes any plan or arrangement not described in any clause of subparagraph (D) that provides for benefit payments, on a periodic basis, for-- (i) a specified disease or illness; or (ii) a period of hospitalization; without regard to the costs incurred or services rendered during the period to which the payments relate. (6) Health plan issuer.--The term ``health plan issuer'' means any entity that is licensed (prior to or after the date of enactment of this Act) by a State to offer a health plan. (7) Participant.--The term ``participant'' has the meaning given such term under section 3(7) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(7)). (8) Secretary.--The term ``Secretary'' unless otherwise specified means the Secretary of Labor. SEC. 5. REQUIRED HEALTH CARE COVERAGE FOR CHILDREN. (a) In General.--Except as provided in subsection (b), a health plan or an employee health benefit plan shall ensure that coverage is provided with respect to a child who is a beneficiary under such plan for all medically necessary health care and related services, including-- (1) appropriate screening services at intervals that meet reasonable standards of medical and dental practice; (2) all appropriate immunizations; (3) necessary case management, transportation, and scheduling assistance; and (4) such other necessary health care, diagnostic services, treatment, and other measures to correct or ameliorate defects and physical and mental illnesses and conditions discovered by the screening services, whether or not such services are covered for participants or policyholders under the plan. (b) Exception.--Notwithstanding subsection (a), a health plan or an employee health benefit plan shall not be required to provide coverage for health care and related services that are not safe, are not effective, or are experimental. SEC. 6. PROHIBITIONS. In implementing the requirements of this Act, a health plan or an employee health benefit plan may not use a service limitation, including a lifetime benefit limit, of the plan to deny medically necessary health care and related services described in section 4 to a child. SEC. 7. NOTICE. (a) Employee Health Benefit Plan.--An employee health benefit plan shall provide conspicuous notice to each participant regarding coverage required under this Act not later than 120 days after the date of enactment of this Act, and as part of its summary plan description. (b) Health Plan.--A health plan shall provide notice to each policyholder regarding coverage required under this Act. Such notice shall be in writing, prominently positioned, and be transmitted-- (1) in a mailing made within 120 days after the date of enactment of this Act by such plan to the policyholder; and (2) as part of the annual informational packet sent to the policyholder. SEC. 8. APPLICABILITY. (a) Construction.-- (1) In general.--A requirement or standard imposed under this Act on a health plan shall be deemed to be a requirement or standard imposed on the health plan issuer. Such requirements or standards shall be enforced by the State insurance commissioner for the State involved or the official or officials designated by the State to enforce the requirements of this Act. In the case of a health plan offered by a health plan issuer in connection with an employee health benefit plan, the requirements or standards imposed under this Act shall be enforced with respect to the health plan issuer by the State insurance commissioner for the State involved or the official or officials designated by the State to enforce the requirements of this Act. (2) Limitation.--Except as provided in section 8(c), the Secretary shall not enforce the requirements or standards of this Act as they relate to health plan issuers or health plans. In no case shall a State enforce the requirements or standards of this Act as they relate to employee health benefit plans. (b) Rule of Construction.--Nothing in this Act shall be construed to affect or modify the provisions of section 514 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1144). SEC. 9. ENFORCEMENT. (a) Health Plan Issuers.--Each State shall require that each health plan issued, sold, renewed, offered for sale or operated in such State by a health plan issuer meet the standards established under this Act. A State shall submit such information as required by the Secretary demonstrating effective implementation of the requirements of this Act. (b) Employee Health Benefit Plans.--With respect to employee health benefit plans, the standards established under this Act shall be enforced in the same manner as provided for under sections 502, 504, 506, and 510 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1132, 1134, 1136, and 1140). The civil penalties contained in paragraphs (1) and (2) of section 502(c) of such Act (29 U.S.C. 1132(c) (1) and (2)) shall apply to any information required by the Secretary to be disclosed and reported under this section. (c) Failure To Enforce.--In the case of the failure of a State to substantially enforce the standards and requirements set forth in this Act with respect to health plans, the Secretary, in consultation with the Secretary of Health and Human Services, shall enforce the standards of this Act in such State. In the case of a State that fails to substantially enforce the standards set forth in this Act, each health plan issuer operating in such State shall be subject to civil enforcement as provided for under sections 502, 504, 506, and 510 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1132, 1134, 1136, and 1140). The civil penalties contained in paragraphs (1) and (2) of section 502(c) of such Act (29 U.S.C. 1132(c)(1) and (2)) shall apply to any information required by the Secretary to be disclosed and reported under this section. (d) Regulations.--The Secretary, in consultation with the Secretary of Health and Human Services, may promulgate such regulations as may be necessary or appropriate to carry out this Act. SEC. 10. PREEMPTION. (a) In General.--The provisions of sections 4, 5, and 6 shall not preempt a State law or regulation-- (1) that provides greater protections to patients or policyholders than those required in this Act; or (2) that requires health plans to provide coverage for pediatric care in accordance with guidelines established by the American Academy of Pediatrics or other established professional medical associations. (b) Employee Health Benefit Plans.--Nothing in this section affects the application of this Act to employee health benefit plans, as defined in section 2(3). SEC. 11. EFFECTIVE DATE. Except as otherwise provided for in this Act, the provisions of this Act shall apply as follows: (1) With respect to health plans, such provisions shall apply to such plans on the first day of the contract year beginning on or after June 1, 1997. (2) With respect to employee health benefit plans, such provisions shall apply to such plans on the first day of the first plan year beginning on or after June 1, 1997. | Children's Health Insurance for Long-Term Development Act of 1996 - Requires health plans and employee health benefit plans to ensure coverage of all medically necessary health care and related services for children during the Infant Neurological Risk Exposure Period (INREP), which extends through age three and encompasses the period of most rapid neurological changes in young children. Prohibits health plans from using a service limitation, including a lifetime benefit limit, to deny medically necessary health care and related services to a child. Sets forth enforcement provisions. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Savings, Accountability, Value, and Efficiency II Act'' or ``SAVE II Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Department of Defense unmanned aircraft systems. Sec. 3. Finalizing Department of Defense inventory management guidance. Sec. 4. Revocation or denial of passport and passport card in case of certain unpaid taxes. Sec. 5. Consideration of prospective antidumping and countervailing duty collection system. Sec. 6. Report on effectiveness of foreign assistance programs and projects. Sec. 7. Conversion of prison X-ray systems. Sec. 8. Prohibition on non-cost effective minting and printing of coins and currency. Sec. 9. Restrictions on printing and distribution of paper copies of Congressional documents. SEC. 2. DEPARTMENT OF DEFENSE UNMANNED AIRCRAFT SYSTEMS. (a) Examination To Improve Interoperability.--The UAS Task Force established by the Under Secretary of Defense for Acquisition, Technology, and Logistics shall conduct an examination of the entire unmanned aircraft systems (UAS) portfolio of the Department of Defense, including UAS requirements, platforms, payloads, and ground control stations, for the purpose of developing strategies for improved interoperability of existing systems. (b) Incorporation in Acquisition Strategies.--In the acquisition strategies for each unmanned aircraft program commenced after the date of the enactment of this Act, the Secretary of Defense shall identify, prior to milestone B, areas in which commonality with other unmanned aircraft systems across the UAS portfolio will be achieved. (c) Independent Study.--The Secretary of Defense shall request a federally funded research and development center to conduct an independent study-- (1) to analyze the effectiveness of the UAS Task Force in addressing UAS interoperability and overlap issues; (2) to provide solutions, if needed, to existing interoperability and overlap issues; and (3) to determine whether a single entity would be better positioned than the UAS Task Force to integrate all crosscutting efforts to improve the management and operation of the UAS portfolio. (d) Report.--Not later than March 3, 2014, the Secretary of Defense shall submit to Congress a report containing the-- (1) the results of the examination required by subsection (a); and (2) the results of the independent study required by subsection (c). SEC. 3. FINALIZING DEPARTMENT OF DEFENSE INVENTORY MANAGEMENT GUIDANCE. (a) Department of Defense Inventory Management Guidance.--As part of the implementation of the Department of Defense Comprehensive Inventory Management Improvement Plan, the Secretary of Defense shall issue revised inventory management guidance that-- (1) strengthens demand forecasting, visibility of on-hand inventory, reviews of on-order excess inventory, and management of inventory held for economic and contingency reasons in order to prevent on-order and on-hand excess inventory; (2) establishes a comprehensive, standardized set of department-wide supply chain and inventory management metrics, including standardized definitions, to measure five key attributes (materiel readiness, responsiveness, reliability, cost, and planning and precision) of supply chain management operations; and (3) establishes procedures for measuring and reporting these metrics on a regular basis to ensure the effectiveness and cost-efficiency of supply chain and inventory management operations. (b) Completion and Submission.--Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall complete the revision of inventory management guidance required by subsection (a) and submit the revised guidance to Congress. SEC. 4. REVOCATION OR DENIAL OF PASSPORT AND PASSPORT CARD IN CASE OF CERTAIN UNPAID TAXES. (a) In General.--Subchapter D of chapter 75 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 7345. REVOCATION OR DENIAL OF PASSPORT AND PASSPORT CARD IN CASE OF CERTAIN TAX DELINQUENCIES. ``(a) In General.--If the Secretary receives certification by the Commissioner of Internal Revenue that any individual has a seriously delinquent tax debt in an amount in excess of $50,000, the Secretary shall transmit such certification to the Secretary of State for action with respect to denial, revocation, or limitation of a passport or passport card pursuant to section 4 of the Act entitled `An Act to regulate the issue and validity of passports, and for other purposes', approved July 3, 1926 (22 U.S.C. 211a et seq.), commonly known as the `Passport Act of 1926'. ``(b) Seriously Delinquent Tax Debt.--For purposes of this section, the term `seriously delinquent tax debt' means an outstanding debt under this title for which a notice of lien has been filed in public records pursuant to section 6323 or a notice of levy has been filed pursuant to section 6331, except that such term does not include-- ``(1) a debt that is being paid in a timely manner pursuant to an agreement under section 6159 or 7122, and ``(2) a debt with respect to which collection is suspended because a collection due process hearing under section 6330, or relief under subsection (b), (c), or (f) of section 6015, is requested or pending. ``(c) Adjustment for Inflation.--In the case of a calendar year beginning after 2013, the dollar amount in subsection (a) shall be increased by an amount equal to-- ``(1) such dollar amount, multiplied by ``(2) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting `calendar year 2012' for `calendar year 1992' in subparagraph (B) thereof. If any amount as adjusted under the preceding sentence is not a multiple of $1,000, such amount shall be rounded to the next highest multiple of $1,000.''. (b) Clerical Amendment.--The table of sections for subchapter D of chapter 75 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 7345. Revocation or denial of passport and passport card in case of certain tax delinquencies.''. (c) Authority for Information Sharing.-- (1) In general.--Subsection (l) of section 6103 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(23) Disclosure of return information to department of state for purposes of passport and passport card revocation under section 7345.-- ``(A) In general.--The Secretary shall, upon receiving a certification described in section 7345, disclose to the Secretary of State return information with respect to a taxpayer who has a seriously delinquent tax debt described in such section. Such return information shall be limited to-- ``(i) the taxpayer identity information with respect to such taxpayer, and ``(ii) the amount of such seriously delinquent tax debt. ``(B) Restriction on disclosure.--Return information disclosed under subparagraph (A) may be used by officers and employees of the Department of State for the purposes of, and to the extent necessary in, carrying out the requirements of section 4 of the Act entitled `An Act to regulate the issue and validity of passports, and for other purposes', approved July 3, 1926 (22 U.S.C. 211a et seq.), commonly known as the `Passport Act of 1926'.''. (2) Conforming amendment.--Paragraph (4) of section 6103(p) of such Code is amended by striking ``or (22)'' each place it appears in subparagraph (F)(ii) and in the matter preceding subparagraph (A) and inserting ``(22), or (23)''. (d) Revocation Authorization.--The Act entitled ``An Act to regulate the issue and validity of passports, and for other purposes'', approved July 3, 1926 (22 U.S.C. 211a et seq.), commonly known as the ``Passport Act of 1926'', is amended by adding at the end the following: ``SEC. 4. AUTHORITY TO DENY OR REVOKE PASSPORT AND PASSPORT CARD. ``(a) Ineligibility.-- ``(1) Issuance.--Except as provided under subsection (b), upon receiving a certification described in section 7345 of the Internal Revenue Code of 1986 from the Secretary of the Treasury, the Secretary of State may not issue a passport or passport card to any individual who has a seriously delinquent tax debt described in such section. ``(2) Revocation.--The Secretary of State shall revoke a passport or passport card previously issued to any individual described in paragraph (1). ``(b) Exceptions.-- ``(1) Emergency and humanitarian situations.-- Notwithstanding subsection (a), the Secretary of State may issue a passport or passport card, in emergency circumstances or for humanitarian reasons, to an individual described in paragraph (1) of such subsection. ``(2) Limitation for return to united states.-- Notwithstanding subsection (a)(2), the Secretary of State, before revocation, may-- ``(A) limit a previously issued passport or passport card only for return travel to the United States; or ``(B) issue a limited passport or passport card that only permits return travel to the United States.''. (e) Effective Date.--The amendments made by this section shall take effect on January 1, 2014. SEC. 5. CONSIDERATION OF PROSPECTIVE ANTIDUMPING AND COUNTERVAILING DUTY COLLECTION SYSTEM. (a) Report Required.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Commerce shall submit to Congress a report containing an evaluation of the merits and feasibility of converting from a retrospective antidumping and countervailing duty collection system to a prospective antidumping and countervailing duty collection system. If the Secretary recommends conversion to a particular prospective system, the Secretary shall include in the report an estimate of the costs to be incurred and cost savings to be achieved as a result of converting to such prospective system. (b) Consultation.--The Secretary of Commerce shall prepare the report under subsection (a) in consultation with the Secretary of Homeland Security and Secretary of the Treasury. SEC. 6. REPORT ON EFFECTIVENESS OF FOREIGN ASSISTANCE PROGRAMS AND PROJECTS. (a) Report Required.--Not later than one year after the date of the enactment of this Act, the Inspector General of the United States Agency for International Development shall submit to Congress a report on the effectiveness of each foreign assistance program and project of the United States Agency for International Development. (b) Matters To Be Included.--The report required by subsection (a) shall, with respect to each such program and project, include a description of the following: (1) How funds and other resources provided to a foreign entity under the program or project are spent or used. (2) The extent to which such funds and other resources are spent or used in accordance with the purposes of the program or project. (3) The extent to which such funds and other resources assist in achieving the results intended for the program or project. (4) The extent to which there is a correlation between the program or project and a change in the policies or popular attitudes towards the United States in the foreign country in which the program or project is carried out. SEC. 7. CONVERSION OF PRISON X-RAY SYSTEMS. The Attorney General, in order to reduce the cost and improve the efficacy of Federal prison health care, shall, to the extent practicable and cost effective, convert by 2015 all X-ray systems in Federal prisons from analog, film-based systems to digital, filmless systems. SEC. 8. PROHIBITION ON NON-COST EFFECTIVE MINTING AND PRINTING OF COINS AND CURRENCY. (a) Prohibition With Respect to Coins.--Section 5111 of title 31, United States Code, is amended by adding at the end the following: ``(e) Prohibition on Certain Minting.--Notwithstanding any other provision of this subchapter, the Secretary may not mint or issue any coin that costs more to produce than the denomination of the coin (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping).''. (b) Prohibition With Respect to Currency.--Section 5114(a) of title 31, United States Code, is amended by adding at the end the following: ``(4) Prohibition on certain printing.--Notwithstanding any other provision of this subchapter, the Secretary may not engrave or print any United States currency that costs more to produce than the denomination of the currency (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping).''. SEC. 9. RESTRICTIONS ON PRINTING AND DISTRIBUTION OF PAPER COPIES OF CONGRESSIONAL DOCUMENTS. (a) Printing and Distribution of Documents by Public Printer.-- (1) Restrictions.--Chapter 7 of title 44, United States Code, is amended by adding at the end the following new section: ``Sec. 742. Restrictions on printing and distribution of paper copies ``(a) Mandatory Use of Electronic Format for Distribution of Congressional Documents.--Notwithstanding any other provision of this chapter, the Public Printer shall make any document of the House of Representatives or Senate which is subject to any of the provisions of this chapter available only in an electronic format which is accessible through the Internet, and may not print or distribute a printed copy of the document except as provided in subsection (b). ``(b) Permitting Printing and Distribution of Printed Copies Upon Request.--Notwithstanding subsection (a), at the request of any person to whom the Public Printer would have been required to provide a printed copy of a document under this chapter had subsection (a) not been in effect, the Public Printer may print and distribute a copy of a document or report for the use of that person, except that-- ``(1) the number of printed copies the Public Printer may provide to the person may not exceed the number of printed copies the Public Printer would have provided to the person had subsection (a) not been in effect; and ``(2) the Public Printer may print and distribute copies to the person only upon payment by the person of the costs of printing and distributing the copies, except that this paragraph shall not apply to an office of the House of Representatives or Senate (including the office of a Member of Congress).''. (2) Clerical amendment.--The table of sections of chapter 7 of such title is amended by adding at the end following new item: ``742. Restrictions on printing and distribution of paper copies.''. (b) Provision of Documents in Electronic Format Deemed To Meet Requirements of House and Senate Rules Regarding Distribution of Printed Copies.-- (1) In general.--If any rule or regulation of the House of Representatives or Senate requires a Member or committee to provide printed copies of any document (including any bill or resolution) for the use of the House or Senate or for the use of any office of the House or Senate, the Member or committee shall be considered to have met the requirement of the rule or regulation if the Member or committee makes the document available to the recipient in an electronic format. (2) Exercise of rulemaking authority of senate and house.-- This subsection is enacted by Congress-- (A) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, and it supersedes other rules only to the extent that it is inconsistent with such rules; and (B) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. (c) Effective Date.--This section and the amendments made by this section shall apply with respect to documents produced on or after January 1, 2015. | Savings, Accountability, Value, and Efficiency II Act or SAVE II Act - Requires the Unmanned Aircraft Systems (UAS) Task Force to conduct an examination of the entire UAS portfolio of the Department of Defense (DOD), including UAS requirements, platforms, payloads, and ground control stations, to develop strategies for improved interoperability of existing systems. Directs the Secretary of Defense to: (1) identify areas in which commonality with other unmanned aircraft systems across the UAS portfolio will be achieved, (2) request a federally-funded research and development center to conduct an independent study on UAS interoperability and overlap issues, (3) report to Congress on the examination of the UAS portfolio and the UAS independent study, and (4) issue revised excess inventory management guidance and report to Congress on such guidance. Amends the Internal Revenue Code to provide for the denial, revocation, or limitation of a passport or passport card for individuals with a seriously delinquent tax debt in excess of $50,000. Prohibits the Secretary of State from issuing a passport to an individual with a seriously delinquent tax debt and requires the Secretary to revoke the passport of such an individual, with an exception for emergency circumstances or humanitarian reasons. Allows disclosure of tax return information to the Secretary for purposes of processing passports of individuals with a seriously delinquent tax debt. Directs the Secretary of Commerce to report on the merits and feasibility of converting from a retrospective antidumping and countervailing duty collection system to a prospective one, including an estimate of costs and cost savings resulting from such a conversion. Requires the Inspector General of the U.S. Agency for International Development (USAID) to report on the effectiveness of each USAID foreign assistance program and project. Directs the Attorney General to convert by 2015 all X-ray systems in federal prisons from analog, film-based systems to digital, filmless systems. Prohibits the Secretary of the Treasury from minting or issuing any coin, or engraving or printing any U.S. currency, that costs more to produce than the denomination of such coin or currency. Requires the Public Printer of the Government Printing Office (GPO) to make any document of the House of Representatives or Senate available only in an electronic format accessible through the Internet and prohibits the printing or distribution of a printed copy of any such document, with a limited exception for requests by any person for whom the Public Printer would have been required to provide a printed copy. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Partnership for Productive Ports Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) A network of ports and harbors is essential to the United States economy, competitiveness in world trade, and national security. Approximately 95 percent of United States overseas trade moves on ships in and out of United States ports. (2) The Nation's coastal, ocean, and freshwater resources are critical assets which must be protected, conserved, and restored. These resources provide numerous economic and environmental benefits. (3) Port facilities serve as a key link in the intermodal transportation chain and can realize their full potential as magnets for shipping and commerce only if timely, cost- effective, and environmentally sound dredging and dredged material management occurs. (4) Approximately 400,000,000 cubic yards of sediment are dredged from our Nation's ports each year, 300,000,000 cubic yards of which is dredged from Federal channels. (5) Improved environmental responsibility requires that dredged material demonstrating a potential to unreasonably degrade human health or the environment be appropriately managed to minimize negative environmental interactions, yet suitable disposal sites are often not readily available. (6) All Federal navigation dredging projects are approved because they are in the national interest and therefore should not be blocked because of a lack of disposal capacity that meets the necessary Federal requirements. (7) The cost of disposal and management of sediments dredged in the course of constructing and maintaining a navigation project are integral to the total project costs and as such should be cost shared according to the allocations under existing law. (8) Inconsistent cost-sharing policies for the use of open water, upland, and confined disposal facilities create an economic incentive to use open water disposal sites even when more environmentally positive alternatives are preferable. (b) Purpose.--The purpose of this Act is to provide Federal-non- Federal cost sharing for the construction and operation of confined disposal facilities for contaminated dredged materials in order to make suitable alternatives to open water disposal available nationwide. SEC. 3. CREATION OF CONFINED DREDGED MATERIAL DISPOSAL FACILITIES. (a) Federal Share.--Section 101(b) of the Water Resources Development Act of 1986 (33 U.S.C. 2211(b)) is amended-- (1) by striking ``The Federal share'' and inserting the following: ``(1) General federal share.--The Federal share''; (2) by moving the text of paragraph (1), as so designated, 2 ems to the right; and (3) by adding at the end the following: ``(2) Federal share for confined disposal facilities.--The Federal share of the cost of project features that are necessary for creation of confined dredged material disposal facilities shall be determined in accordance with subsection (a)(1). The cost sharing requirements of this paragraph shall apply to projects authorized before, on, or after the the date of the enactment of this paragraph. ``(3) Confined disposal facility defined.--In this section and section 210, the term `confined disposal facility' means any alternative to ocean disposal or ocean disposal with capping, including subaqueous borrow pits, containment islands, and upland confined disposal facilities.''. (b) Conforming Amendments.--Section 101 of such Act is further amended-- (1) in the second sentence of subsection (a)(2)-- (A) by inserting ``and'' after ``rights-of-way,''; and (B) by striking ``, and dredged material disposal areas''; (2) in subsection (a)(3)-- (A) by inserting ``and'' after ``rights-of-way,''; and (B) by striking ``, and dredged material disposal areas'' and inserting ``, including those required for confined dredged material disposal facilities,''; and (3) in subsection (e)(1) by striking ``, and to provide dredged material disposal areas''. SEC. 4. FUNDING FROM HARBOR MAINTENANCE TRUST FUND. Section 210 of the Water Resources Development Act of 1986 (33 U.S.C. 2238) is amended by adding at the end the following: ``(c) Inclusion of Disposal Costs as O&M Costs.--For purposes of this section, the term `operation and maintenance costs' includes costs related to disposal of dredged materials in a confined dredged material disposal facility. Operation and maintenance costs other than costs related to such disposal shall receive priority consideration for funding from the Harbor Maintenance Trust Fund.''. SEC. 5. CONFINED DISPOSAL FACILITY IN THE PORT OF NEW YORK AND NEW JERSEY. (a) Creation and Operation.--Not later than 18 months after the date of the enactment of this Act, the Secretary of the Army, in cooperation with the Administrator of the Environmental Protection Agency and State and local governmental agencies, shall create, operate, and maintain a confined dredged material disposal facility in the Port of New York and New Jersey. The facility shall be designed for the disposal of dredged materials that do not meet applicable criteria for open water disposal. | Partnership for Productive Ports Act - Amends the Water Resources Development Act of 1986 to: (1) require the Federal share of the cost of creation of confined dredged material disposal facilities to be determined in the same manner as such costs are determined for a harbor navigation project under such Act; (2) define "confined disposal facility" as any alternative to ocean disposal or ocean disposal with capping; and (3) include costs related to confined disposal facilities as operation and maintenance costs under such Act. Directs the Secretary of the Army to create, operate, and maintain a confined dredged material disposal facility in the Port of New York and New Jersey. |
SECTION. 1. SHORT TITLE; PURPOSE. (a) Short Title.--This Act may be cited as the ``Temporary Medicaid Disaster Relief Act of 2005''. (b) Purpose.--The purpose of this Act is to ensure all those affected by Hurricane Katrina have access to health coverage and medical care through the medicaid program and to authorize temporary changes in such program to guarantee and expedite that coverage and access to care. SEC. 2. DISASTER RELIEF PERIOD. For purposes of this Act, the term ``disaster relief period'' means the period beginning on August 29, 2005, and ending on September 30, 2006. SEC. 3. TEMPORARY MEDICAID COVERAGE FOR KATRINA SURVIVORS. (a) Definitions.--In this Act: (1) Katrina survivor.-- (A) In general.--The term ``Katrina Survivor'' means an individual who is described in subparagraph (B) or (C). (B) Residents of disaster localities.-- (i) In general.--An individual who, on any day during the week preceding the declaration of a public health emergency on August 29, 2005, had a residence in-- (I) a parish in the State of Louisiana that is among the parishes that the Federal Emergency Management Agency of the Emergency Preparedness and Response Directorate of the Department of Homeland Security declared on September 4, 2005, to be Federal Disaster Parishes; or (II) a county in the State of Alabama or Mississippi that is among the counties such Agency declared Federal Disaster Counties on September 4, 2005. (ii) Authority to rely on website posted designations.--The Secretary of Health and Human Services shall post on the Internet website for the Centers for Medicare & Medicaid Services a list of parishes and counties identified as Federal Disaster Parishes or Counties. Any State which provides medical assistance to Katrina Survivors on the basis of such posting and in accordance with this Act shall be held harmless if it is subsequently determined that the provision of such assistance was in error. (C) Individuals who lost employment.--An individual who, on any day during the week preceding the declaration of a public health emergency on August 29, 2005, had a residence in a direct impact State and lost their employment since Hurricane Katrina. (D) Construction.--A Katrina Survivor shall be treated as being ``from'' the State of residence described in subparagraph (B)(i) or (C), as the case may be. (E) Treatment of current medicaid beneficiaries.-- Nothing in this Act shall be construed as preventing an individual who is otherwise entitled to medical assistance under title XIX of the Social Security Act from being treated as a Katrina Survivor under this Act. (F) Treatment of homeless persons.--For purposes of this Act, in the case of an individual who was homeless on any day during the week described in subparagraph (B)(i), the individual's ``residence'' shall be deemed to be the place of residence as otherwise determined for such an individual under title XIX of the Social Security Act. (2) Direct impact state.--The term ``direct impact State'' means the State of Louisiana, Alabama, and Mississippi. (b) Rules for Providing Temporary Medical Assistance to Katrina Survivors.--During the disaster relief period, any State may provide medical assistance to Katrina Survivors under a State medicaid plan established under title XIX of the Social Security Act in accordance with the following: (1) Uniform eligibility rules.-- (A) No income, resources, residency, or categorical eligibility requirements.--Such assistance shall be provided without application of any income or resources test, State residency, or categorical eligibility requirements. (B) Streamlined eligibility procedures.--The State shall use the following streamlined procedures in processing applications and determining eligibility for medical assistance for Katrina Survivors: (i) A common 1-page application form developed by the Secretary of Health and Human Services in consultation with the National Association of State Medicaid Directors. Such form shall include notice regarding the penalties for making a fraudulent application under paragraph (4) and shall require the applicant to assign to the State any rights of the applicant (or any other person who is a Katrina Survivor and on whose behalf the applicant has the legal authority to execute an assignment of such rights) under any group health plan or other third-party coverage for health care. (ii) Self-attestation by the applicant that the applicant is a Katrina Survivor. (iii) No requirement for documentation evidencing the basis on which the applicant qualifies to be a Katrina Survivor. (iv) Issuance of a Medicaid eligibility card to an applicant who completes such application, including the self-attestation required under clause (ii). Such card shall be valid during the disaster relief period. (v) If an applicant completes the application and presents it to a provider or facility participating in the State medicaid plan that is qualified to make presumptive eligibility determinations under such plan (which at a minimum shall consist of facilities identified in section 1902(a)(55) of the Social Security Act (42 U.S.C. 1396a(a)(55)) and it appears to the provider that the applicant is a Katrina Survivor based on the information in the application, the applicant will be deemed to be a Katrina Survivor eligible for medical assistance in accordance with this section, subject to paragraph (3). (vi) Continuous eligibility, without the need for any redetermination of eligibility, for the duration of the disaster relief period. (C) Determination of eligibility for coverage after the termination of the disaster relief period.--In the case of a Katrina Survivor who is receiving medical assistance from a State, prior to the termination of the disaster relief period, the State providing such assistance shall determine whether the Katrina Survivor is eligible for continued medical assistance under the State's eligibility rules otherwise applicable under the State medicaid plan. If a State determines that the individual is so eligible, the State shall provide the individual with written notice of the determination and provide the individual with continued coverage for such medical assistance for so long as the individual remains eligible under such otherwise applicable eligibility rules. If a State determines that the individual is not so eligible, the State shall provide the individual with written notice of the determination, including the reasons for such determination. (2) Scope of coverage same as categorically needy.--The State shall treat Katrina Survivors as individuals eligible for medical assistance under the State plan under title XIX of the Social Security Act on the basis of section 1902(a)(10)(A)(i) of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)(i)), with coverage for such assistance retroactive to August 29, 2005. (3) Verification of status as a katrina survivor.-- (A) In general.--The State shall make a good faith effort to verify the status of a Katrina Survivor enrolled in the State Medicaid plan under the provisions of this section after the determination of the eligibility of the Survivor for medical assistance under such plan. (B) Evidence of verification.--A State may satisfy the verification requirement under subparagraph (A) with respect to a Katrina Survivor by showing that the State providing medical assistance obtained information from the Social Security Administration, the Internal Revenue Service, or the State Medicaid Agency of the direct impact State. (C) Disallowance of payments for failure to make good faith effort.--If, with respect to the status of a Katrina Survivor enrolled in a State Medicaid plan, the State fails to make the good faith effort required under subparagraph (A), and the Secretary determines that the individual so enrolled is not a Katrina Survivor, the Secretary shall disallow all Federal payments made to the State that are directly attributable to medical assistance provided or administrative costs incurred with respect to the individual during the disaster relief period. (4) Penalty for fraudulent applications.-- (A) Individual liable for costs.--If a State, as the result of verification activities conducted under paragraph (3), determines after a fair hearing that an individual has knowingly made a false self-attestation described in paragraph (1)(B)(ii), the State may, subject to subparagraph (B), seek recovery from the individual for the full amount of the cost of medical assistance provided to the individual under this section. (B) Exception.--The Secretary shall exempt a State from seeking recovery under subparagraph (A) if the Secretary determines that it would not be cost- effective for the State to do so. (C) Reimbursement to the federal government.--Any amounts recovered by a State in accordance with this paragraph shall be returned to the Federal government, except that a State's administrative costs attributable to obtaining such recovery shall be reimbursed by the Federal government in accordance with section 4(a)(2). (5) Exemption from error rate penalties.--All payments attributable to providing medical assistance to Katrina Survivors in accordance with this section shall be disregarded for purposes of section 1903(u) of the Social Security Act. SEC. 4. TEMPORARY DISASTER RELIEF FOR STATES UNDER MEDICAID. (a) Increase in Federal Matching Rate.-- (1) 100 percent fmap for medical assistance.-- Notwithstanding section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)), the Federal medical assistance percentage for providing medical assistance under a State medicaid plan under title XIX of such Act to Katrina Survivors or, in the case of a direct impact State, to any individual who is provided medical assistance under the State medicaid plan during the disaster relief period, shall be 100 percent. (2) 100 percent federal match for certain administrative costs.--Notwithstanding paragraph (7) of section 1903(a) of such Act (42 U.S.C. 1396b(a)), or any other paragraph of such section, the Federal matching rate for costs directly attributable to all administrative activities that relate to the enrollment of Katrina Survivors under section 3 in a State medicaid plan, verification of the status of such Survivors, processing of claims for payment for medical assistance provided to such Survivors under such section, and recovery costs under section 3(b)(4)(C), shall be 100 percent. The Secretary shall issue guidance not later 30 days after the date of enactment of this Act on the implementation of this paragraph. (b) Limitation on Reduction of FMAP for Fiscal Year 2006 for Any State.--If the Federal medical assistance percentage (as defined in section 1905(b) of the Social Security Act) determined for a State for fiscal year 2006 is less than the Federal medical assistance percentage determined for the State for fiscal year 2005, the Federal medical assistance percentage for the State for fiscal year 2005 shall apply to the State for fiscal year 2006 only for purposes of title XIX of the Social Security Act. (c) Temporary Suspension of Medicare ``Clawback'' and Postponement of Cut-Off of Medicaid Prescription Drug Funding in Affected States.-- (1) Suspension in application of ``clawback''.--Section 1935(c) of the Social Security Act (42 U.S.C. 1396u-5(c)) shall not apply, subject to paragraph (3), before January 2007 to a direct impact State or to a State that experiences a significant influx of Katrina Survivors. (2) Continuation of medicaid drug coverage for dual eligibles.--Section 1935(d)(1) of such Act shall also not apply, subject to paragraph (3), before January 2007 to a part D eligible individual who is a Katrina Survivor. (3) Termination of application of subsection.--Paragraphs (1) and (2) shall no longer apply to a State or a Katrina Survivor, respectively, if the Secretary determines, after consultation with the State, that enrollment of all part D eligible individuals in the State under part D of title XVIII of the Social Security Act who are described in section 1935(c)(6)(A)(ii) of such Act can be achieved without a discontinuation in prescription drug coverage for any such individual. (4) Definition.--For purposes of this subsection, the term ``State that experiences a significant influx of Katrina Survivors'' means those States, including Arkansas, Florida, Oklahoma, and Texas, that the Secretary of Health and Human Services identifies as having a significant in-migration of Katrina Survivors. SEC. 5. ACCOMMODATION OF SPECIAL NEEDS OF KATRINA SURVIVORS UNDER MEDICARE PROGRAM. (a) Exclusion of Disaster Relief Period in Computing Part B Late Enrollment Penalty.--In applying the first sentence of section 1839(b) of the Social Security Act (42 U.S.C. 1395r(b)) in the case of a Katrina Survivor, there shall not be taken into account any month any part of which is within the disaster relief period or within the 2- month period following the end of such disaster relief period. (b) Part D.-- (1) Extension of initial enrollment period.--In the case of a Katrina Survivor, the initial enrollment period under section 1860D-1(b)(2) of the Social Security Act (42 U.S.C. 1395w- 101(b)(2)) shall in no case end before May 15, 2007. (2) Flexibility in documentation for low-income subsidies.--For purposes of carrying out section 1860D-14 of the Social Security Act (42 U.S.C. 1395w-114), with respect to Katrina Survivors, the Secretary of Health and Human Services shall establish documentation rules for Katrina Survivors which take into account the loss and unavailability of documents due to Hurricane Katrina. | Temporary Medicaid Disaster Relief Act of 2005 - States that the purpose of this Act is to: (1) ensure all those affected by Hurricane Katrina have access to health coverage and medical care through the Medicaid program; and (2) authorize temporary changes in such program to guarantee and expedite that coverage and access to care. Provides that during the disaster relief period from August 29, 2005, to September 30, 2006, any state may provide temporary medical assistance to Katrina Survivors under a state Medicaid plan established under title XIX of the Social Security Act. Sets at 100% the federal medical assistance percentage (FMAP) for providing medical assistance under a state Medicaid plan to Katrina Survivors, or in the case of a direct impact state, to any individual who is provided medical assistance under the state Medicaid plan during the disaster relief period. Provides that if the FMAP determined for a state for FY2006 is less than the FMAP determined for FY2005, the FY2005 FMAP shall apply to the state for FY2006 only for Medicaid purposes. Continues Medicaid drug coverage for dual eligibles. Excludes the disaster relief period in computing part B late enrollment penalty. Provides that, in the case of a Katrina Survivor, the initial enrollment period under part D (Voluntary Prescription Drug Benefit Program) shall in no case end before May 15, 2007. Directs the Secretary of Health and Human Services to establish documentation rules for Katrina Surivors, with respect to premium and cost-sharing subsidies for low-income individuals, which take into account the loss and unavailability of documents due to Hurricane Katrina. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Hawaii Agriculture/Livestock Shipping Open Market Act of 2003''. SEC. 2. TRANSPORTATION OF CERTAIN MERCHANDISE. (a) In General.--Section 27 of the Merchant Marine Act, 1929 (46 App. U.S.C. 883) is amended by inserting ``(a) In General.--'' before the first sentence, and by adding at the end the following: ``(b) Noncontiguous Trade Exemption.--Subsection (a) shall not apply with respect to transportation in Hawaiian noncontiguous trade of merchandise that is a forest product (as that term is defined in section 3(11) of the Shipping Act of 1984 (46 App. U.S.C. 1702(11))), agricultural products (as that term is defined in section 101(1) of the Agricultural Trade Act of 1978 (7 U.S.C. 5602(1))), or livestock (as that term is defined in section 2(4) of the Packers and Stockyards Act, 1921 (7 U.S.C. 182(4))), on a foreign qualified freight vessel for which the Secretary of Transportation has issued a certificate of documentation. ``(c) Definitions.--In this section: ``(1) Foreign qualified freight vessel.--The term `foreign qualified freight vessel' means a freight vessel (as that term is defined in section 2101 of title 46, United States Code) of not less than 1,000 gross tons that-- ``(A) was not built in the United States (or if rebuilt, not rebuilt in the United States); ``(B) is registered in a foreign country; and ``(C) employs United States citizens to the extent required of vessels registered under section 12102 of this title. ``(2) Hawaiian noncontiguous trade.--The term `Hawaiian noncontiguous trade' means-- ``(A) trade between a point in the contiguous 48 States or Alaska and a point in Hawaii; or ``(B) trade between any point in Hawaii and any other point in Hawaii.''. (b) Coastwise Endorsements.--12106(b) of title 46, United States Code, is amended-- (1) by inserting ``(1)'' after ``(b)''; (2) by inserting ``to paragraph (2) and'' after ``Subject''; and (3) by adding at the end the following: ``(2)(A) Paragraph (1) shall not apply with respect to a foreign qualified freight vessel used for transportation referred to in section 27(b) of the Merchant Marine Act, 1920 (46 App. U.S.C. 883(b)), for which the Secretary of Transportation has issued a certificate of documentation. ``(B) In subparagraph (A) the term `foreign qualified freight vessel' has the meaning given that term in section 27(c) of the Merchant Marine Act, 1920 (46 App. U.S.C. 883(c)).''. (c) Foreign Transfer.--Section 9(c) of the Shipping Act, 1916 (46 App. U.S.C. 808) is amended by inserting ``(1)'' before the first sentence, and by adding at the end the following: ``(2)(A) Notwithstanding paragraph (1), a foreign qualified freight vessel for which the Secretary has issued a certificate of documentation after the date of enactment of this Act and that is used solely for transportation referred to in section 27(b) of the Merchant Marine Act, 1920 (46 App. U.S.C. 883(b)) may be placed under foreign registry without the approval of the Secretary at any time after that vessel is issued a certificate of documentation. At such time as that vessel is placed under foreign registry, the Secretary shall revoke the certificate of documentation issued by the Secretary. ``(B) In subparagraph (A) the term `foreign qualified freight vessel' has the meaning given that term in section 27(c) of the Merchant Marine Act, 1920 (46 App. U.S.C. 883(c)).''. SEC. 3. CITIZENSHIP AND TRANSFER PROVISIONS. (a) Citizenship of Corporations, Partnerships, and Associations.-- Section 2 of the Shipping Act, 1916 (46 U.S.C. App. 802) is amended by adding at the end the following: ``(d)(1) The following provisions of this section shall not apply to a foreign qualified freight vessel used for transportation referred to in section 27(b) of the Merchant Marine Act, 1920 (46 App. U.S.C. 883(b)): ``(A) The text of subparagraph after `possession thereof'. ``(B) subsection (c). ``(2) In paragraph (1) the term `foreign qualified freight vessel' has the meaning given that term in section 27(c) of the Merchant Marine Act, 1920 (46 App. U.S.C. 883(c)).''. (b) Approval of Transfer of Registry or Operation Under Authority of a Foreign Country or for Scrapping in a Foreign Country; Penalties.--Section 9 of the Shipping Act, 1916 (46 U.S.C. App. 808) is amended by adding at the end the following: ``(e)(1) In lieu of the penalty under subsection (d), a person that commits an act described in paragraph (2) in violation of this section is liable to the United States Government for a civil penalty of not more than $10,000 for each violation. ``(2) The acts referred to in paragraph (1) are the following: ``(A) Charter, sell, or transfer a foreign qualified freight vessel used for transportation referred to in section 27(b) of the Merchant Marine Act, 1920 (46 App. U.S.C. 883(b)), or interest in or control of such a vessel. ``(B) Place under foreign registry a foreign qualified freight vessel used for transportation referred to in section 27(b) of the Merchant Marine Act, 1920 (46 App. U.S.C. 883(b)), that is documented in the United States. ``(C) Operate under the authority of a foreign country a foreign qualified freight vessel used for transportation referred to in section 27(b) of the Merchant Marine Act, 1920 (46 App. U.S.C. 883(b)). ``(f) To promote the transfer of foreign vessels to be documented under chapter 121 of title 46, United States Code, for use for transportation referred to in section 27(b) of the Merchant Marine Act, 1920 (46 App. U.S.C. 883(b)), the Secretary may grant approval under subsection (c) with respect to such a vessel before the date the vessel is documented.''. ``(g) In subsections (e) and (f), the term `foreign qualified freight vessel' has the meaning given that term in section 27(c) of the Merchant Marine Act, 1920 (46 App. U.S.C. 883(c)).''. SEC. 4. LABOR PROVISIONS. (a) Liability for Injury or Death of Master or Crew Member.-- Section 20(a) of the Act of March 4, 1915 (38 Stat. 1185, chapter 153; 46 U.S.C. App. 688(a)), is amended-- (1) by inserting ``(1)'' after ``(a)''; (2) by adding at the end of paragraph (1) (as designated under paragraph (1) of this subsection) the following new sentence: ``In an action brought under this subsection against a defendant employer that does not reside or maintain an office in the United States (including any territory or possession of the United States) and that engages in any enterprise that makes use of one or more ports in the United States (as defined in section 2101 of title 46, United States Code), jurisdiction shall be under the district court most proximate to the place of the occurrence of the personal injury or death that is the subject of the action.''; and (3) by adding at the end the following new paragraph: ``(2)(A) The employer of a master or member of the crew of a vessel-- ``(i) may, at the election of the employer, participate in an authorized compensation plan under the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 901 et seq.); and ``(ii) if the employer makes an election under clause (i), notwithstanding section 2(3)(G) of the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 902(3)(G)), shall be subject to that Act. ``(B) If an employer makes an election, in accordance with subparagraph (A), to participate in an authorized compensation plan under the Longshore and Harbor Workers' Compensation Act-- ``(i) a master or crew member employed by that employer shall be considered to be an employee for the purposes of that Act; and ``(ii) the liability of that employer under that Act to the master or crew member, or to any person otherwise entitled to recover damages from the employer based on the injury, disability, or death of the master or crew member, shall be exclusive and in lieu of all other liability.''. (b) Minimum Requirements.--All vessels, whether documented in the United States or not, operating in the coastwise trade of the United States shall be subject to minimum international labor standards for seafarers under international agreements in force for the United States, as determined by the Secretary of Transportation on the advice of the Secretaries of Labor and Defense. SEC. 5. REGULATIONS REGARDING VESSELS. (a) Applicable Minimum Requirements.--Except as provided in subsection (b), the minimum requirements for vessels engaging in the transportation of cargo or merchandise in the United States coastwise trade shall be the recognized international standards in force for the United States (as determined by the Secretary of the department in which the Coast Guard is operating, in consultation with any other official of the Federal Government that the Secretary determines to be appropriate). (b) Consistency in Application of Standards.--In any case in which any minimum requirement for vessels referred to in subsection (a) establishes a lower standard than a minimum that is applicable to vessels that are documented in a foreign country and that are admitted to engage in the transportation of cargo and merchandise in the United States coastwise trade, the standard applicable to such vessels that are documented in a foreign country shall be the standard to be applied to United States documented vessels. SEC. 6. ENVIRONMENTAL STANDARDS. All vessels, whether documented under the laws of the United States or not, engaging in the United States coastwise trade shall comply with all applicable United States and international environmental standards in force for the United States. SEC. 7. REQUIREMENTS FOR CERTAIN NONCITIZENS IRREGULARLY ENGAGING IN DOMESTIC COASTWISE TRADE. (a) In General.--Each person or entity that is not a citizen of the United States, as defined in section 2101(3a) of title 46, United States Code, that owns or operates vessels that irregularly engage in the United States domestic coastwise trade shall-- (1) name an agent upon whom process may be served; (2) abide by all applicable laws of the United States, including applicable environmental and tax laws; and (3) post evidence of documentation and endorsements aboard such vessel indicating the owner or owners of such vessel, including any person controlling vessels and the number of port calls and coastwise trips made during that calendar year. (b) Persons Treated as Single Employer.--For purposes of paragraph (3), all persons treated as a single employer under subsection (a) or (b) of section 52 of the Internal Revenue Code of 1986 shall be treated as 1 person. | Hawaii Agriculture/Livestock Shipping Open Market Act of 2003 - Amends the Merchant Marine Act, 1920, to make the requirement that all cargo shipping between U.S. ports occur exclusively on U.S. flagged vessels inapplicable with respect to transportation in Hawaii noncontiguous trade of merchandise that is a forest product, agricultural product, or livestock on a foreign qualified freight vessel for which the Secretary of Transportation has issued a certificate of documentation. Amends the Shipping Act, 1916, to repeal certain requirements regarding: (1) the percentage of ownership of a corporation operating in coastwise trade owned by U.S. citizens; and (2) seizure and forfeiture of documented vessels. Requires jurisdiction for an action brought for recovery for injury to or death of a seaman against a defendant employer that does not reside or maintain an office in the United States and that engages in any enterprise that makes use of one or more ports in the United States to be under the district court most proximate to the place of the occurrence of the personal injury or death that is the subject of the action. Authorizes the employer of a master or member of the crew of a vessel, at the employer's election, to participate in an authorized compensation plan under the Longshore and Harbor Workers' Compensation Act. Subjects all vessels operating in the U.S. coastwise trade to minimum international labor and environmental standards. Sets requirements for non-citizens irregularly engaging in the U.S. domestic coastwise trade. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``One Global Internet Act of 2010''. SEC. 2. FINDINGS. Congress finds the following: (1) A single, open, global Internet is a vital tool for facilitating the free and secure flow of information and products without regard to distances or national boundaries. (2) The goal of a single, open, global Internet is best supported by policies that-- (A) encourage utilization on a global basis of technology standards set by international standards- setting organizations, including industry-led and other voluntary bodies, and selected by the market; (B) respect the security of information and privacy of Internet users; (C) respect the rights of intellectual property owners and users and promote investment in Internet- related innovation; (D) refrain from compelling Internet service providers and other intermediaries to restrict the free flow of information on the Internet; and (E) allow trade in Internet-related goods, services, information, and content, in accordance with international trade agreements. (3) Certain governments are adopting policies contrary to the goal of a single open, global Internet, including-- (A) mandating unique technology standards favoring domestic producers as a condition of market access or pursuing related policies regarding standard-setting that are discriminatory and subvert the open, global nature of the Internet; (B) requiring that companies forfeit their intellectual property in Internet-related technologies as a condition of market access for commercial and civilian uses or government procurement; (C) sponsoring or tolerating the use of Internet- related tools to gain unauthorized access to public- sector and private-sector networks in the United States to disrupt their operation or for the purpose of misappropriation or infringement of intellectual property; (D) blocking, filtering, or otherwise restricting Internet communications in a manner that discriminates against Internet-based services and content originating in other countries; and (E) imposing market access requirements or liabilities that discriminate against or otherwise impede Internet-related goods, services and content from other countries. (4) Such actions threaten the interests of the United States by-- (A) facilitating attempts by foreign governments to restrict or disrupt the free flow of information on the Internet; (B) promoting ``national Internets'' in conflict with the underlying rationale and architecture of the Internet as originally envisioned and constructed, thereby compromising the Internet's full functionality and promise; (C) harming United States workers and businesses, undermining a strong United States industrial base, and putting foreign competitors at an advantage; and (D) putting at risk the utility of the Internet as a tool of open communication, assembly, and commerce, and the individuals who seek to use it for such purposes. SEC. 3. TASK FORCE ON THE GLOBAL INTERNET. (a) Establishment.-- (1) In general.--There is established within the executive branch a Task Force on the Global Internet (in this Act referred to as the ``Task Force''). (2) Chairperson.--The President shall select from among the members of the Task Force under subsection (b) an individual to serve as Chairperson. (b) Composition.--The Task Force shall consist of the United States Trade Representative, the Secretary of State, the Chief Technology Officer, the Secretary of Commerce, the Assistant Secretary for Communications and Information of the National Telecommunications and Information Administration, the Secretary of Defense, the Attorney General, the Director of the National Institute of Standards and Technology, the White House Cybersecurity Coordinator, and the heads of other executive branch departments and agencies, as appropriate, acting through their respective designees. The head of any such department or agency may detail such personnel and may furnish such services, with or without reimbursement, as the Task Force may request to assist in carrying out its functions. (c) Functions.--In addition to such other responsibilities the President may assign, the Task Force shall-- (1) develop and implement strategies in response to foreign government policies that unjustifiably or unreasonably burden or restrict international trade in Internet-related goods, services, and content, mandate or otherwise preference Internet-related technology standards and related measures, impede the free flow of information on the Internet, or otherwise threaten the interests of the United States in Internet-related international trade and the open, global nature of the Internet; (2) coordinate the activity of all executive branch departments and agencies as necessary to implement the strategies developed in accordance with paragraph (1); and (3) prepare a report and action plan in accordance with section 4. SEC. 4. REPORT AND ACTION PLAN TO CONGRESS. (a) In General.--Not later than six months after the date of the enactment of this Act and annually thereafter, the Task Force shall transmit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report and action plan that-- (1) identifies acts, policies, or practices of a foreign government and related measures that-- (A) deny fair and equitable market access to or otherwise unjustifiably or unreasonably burden or restrict trade in Internet-related goods, services, and content; (B) mandate, give preference to, or promote Internet-related technology standards that diverge from widely adopted international standards, or otherwise lead to the adoption of discriminatory or trade- restrictive technology standards or conformity assessment procedures; (C) require the forfeiture of intellectual property of Internet-related technologies as a condition for market access; or (D) otherwise threaten the interests of the United States in the technical operation, security, and free flow of global Internet communications; (2) estimates the trade-distorting impact of measures identified under paragraph (1) on United States commerce and the functioning of the Internet; (3) designates which measures identified under paragraph (1) are priority concerns; (4) sets forth a strategy and actions to be taken by executive branch departments and agencies in response to measures identified under paragraph (1); and (5) provides information with respect to any action taken (or the reasons if no action is taken) in response to any such measures identified in prior years' reports, including such actions as are required under section 5. (b) Form of Reports.--The reports and action plans required under subsection (a) may contain a classified annex if the Task Force determines that such is appropriate. (c) Coordination and Notice.--In preparing each annual report and action plan required under subsection (a), the Task Force shall-- (1) seek public participation by publishing notice in the Federal Register and holding a public hearing; (2) consult and coordinate with all relevant executive branch departments and agencies; and (3) take into account information from such sources as may be available to the United States Trade Representative and such information as may be submitted to the Trade Representative by interested persons, including information contained in reports submitted under section 181 of the Trade Act of 1974 (19 U.S.C. 2241 (b)) and petitions submitted under section 302 of such Act (19 U.S.C. 2412). (d) Publication.--The Task Force shall publish in the Federal Register the report and action plan transmitted to Congress under subsection (a), but shall omit information transmitted to Congress under subsection (b). SEC. 5. SECTION 301 INVESTIGATION AND POTENTIAL SANCTIONS. Not later than 30 days after the transmission of each annual report and action plan required under section 4, the United States Trade Representative shall, in accordance with the requirements of sections 301-304 of the Trade Act of 1974 (19 U.S.C. 2411-2414), initiate an investigation, make any determinations required, and take any actions specified under such sections with respect to any acts, policies, or practices of a foreign government that are identified in each such annual report and action plan as priority concerns, including restrictions on sale in the United States of products developed and manufactured in countries implementing such acts, policies, or practices. SEC. 6. REVIEW AND INVESTIGATION BY FEDERAL TRADE COMMISSION AND DEPARTMENT OF JUSTICE. (a) Review and Investigation.--The Federal Trade Commission and the Attorney General shall-- (1) review each act, policy, or practice described in paragraph (1) of section 4(a) that is contained in a report or an action plan transmitted under such section to Congress; and (2) investigate whether such act, policy, or practice (or any related action by a nongovernmental entity) violates any of the antitrust laws. (b) Definition.--For purposes of this section, the term ``antitrust laws'' has the meaning given it in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)), except that such term includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent such section 5 applies to unfair methods of competition. SEC. 7. REPORT TO CONGRESS ON INTERNATIONAL TRADE AGREEMENTS. (a) Report.--Not later than two years after the date of the enactment of this Act, the Task Force shall submit to Congress a report that-- (1) assesses the sufficiency of existing multilateral and bilateral trade agreements in-- (A) promoting international trade in Internet- related goods, services, and content; (B) encouraging the utilization on a global basis of technology standards set by international standard- setting organizations; (C) protecting the security and functioning of the Internet; and (D) facilitating the free flow of information on the Internet; and (2) recommends, as appropriate, modifications of existing agreements or the negotiation of new agreements to advance the objectives identified in paragraph (1). (b) Sense of Congress.--It is the sense of Congress that the negotiating objectives of the United States for future bilateral and multilateral trade agreements should include the goals specified in subsection (a)(1). SEC. 8. STANDARDS-RELATED TRAINING. The Task Force shall coordinate with intergovernmental, national government, and private sector entities, including the National Institute of Standards and Technology, the Patent and Trademark Office, the Trade and Development Agency, the United States Telecommunications Training Institute, the Department of Justice, the Federal Trade Commission, and any other appropriate entities, for the purpose of organizing training of foreign government officials and national standard-setting and conformity assessment bodies with respect to best practices, including coordination with nongovernmental international standards bodies, in accordance with the annual report and action plan required under Section 4. SEC. 9. OUTSIDE CONSULTATION. The Task Force shall establish a regularized process to receive timely input from businesses, organizations, experts, and other interested parties regarding the fulfillment of its functions. | One Global Internet Act of 2010 - Establishes a Task Force on the Global Internet. Requires the Task Force to implement strategies in response to foreign government policies that unjustifiably or unreasonably burden or restrict international trade in Internet-related goods, services, and content, mandate or otherwise preference Internet-related technology standards and related measures, impede the free flow of information on the Internet, or otherwise threaten U.S. interests in Internet-related international trade and the open, global nature of the Internet. Requires the Task Force to transmit to Congress specified annual reports and action plans and to hold a public hearing in the preparation of each report and plan. Instructs the U.S. Trade Representative to initiate an investigation of any acts, policies, or practices of a foreign government that are identified in such reports and plans as priority concerns in accordance with specified provisions of the Trade Act of 1974. Directs the Federal Trade Commission (FTC) and the Attorney General to investigate whether each act, policy, or practice identified in such a report or plan (or any related action by a nongovernmental entity) violates any antitrust laws. Requires the Task Force to report to Congress on the sufficiency of existing multilateral and bilateral trade agreements in advancing specified objectives that support the goal of a single open, global Internet. Instructs the Task Force to organize specified standards related training. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``National Program for Arts and Technology Act of 2012''. SEC. 2. FINDING AND PURPOSES. (a) Finding.--Congress finds that the national program for arts and technology established under this Act will be one of the first national replication programs in the United States dedicated to addressing the complex needs of the poor and undereducated by improving the sustainability of neighborhoods, communities, and regions. (b) Purposes.--It is the purpose of this Act to establish the national program for arts and technology to provide competitive grants for qualified centers and interested communities to implement or found a qualified center that adopts the guidelines set forth by the Secretary, for the purposes of-- (1) creating an institution within an environment of poverty where individuals feel and foster a sense of belonging, and are valued and treated with dignity; (2) creating professional jobs for instructors, trainers, artists, administrators, and others; (3) collaborating with Federal agencies, private industry, nonprofit philanthropic organizations, and planning and economic development organizations to leverage other investment dollars on behalf of all stakeholders; (4) assisting business and industry to achieve long-term vitality by ensuring the development of a trained and knowledgeable workforce; (5) coordinating with existing social service entities and nonprofit organizations on developing diverse and equitable communities; (6) developing industry specific job training programs for the under- and unemployed that are both affordable and accessible; (7) bridging the gap between education and lifelong learning for poor performing students through the discipline of craftsmanship in the visual arts; and (8) developing complimentary extended day or year programming in partnership with the local public schools to help engage at-risk students by connecting classroom instruction with applied and experiential programming in the arts. SEC. 3. DEFINITIONS. In this Act: (1) Center of origin.--The term ``Center of Origin'' means Manchester Bidwell, nonprofit corporation, the education and community development model upon which the national program for arts and technology is based. (2) Interested communities.--The term ``interested community'' means a community that does the following: (A) Demonstrates to the Secretary financial support from 1 or more of the following: (i) Sectors of government. (ii) Education. (iii) Philanthropy. (iv) Social services. (v) Corporations. (vi) Arts organizations. (B) Convenes an advisory committee comprised of diverse community stakeholders who are committed to creating a qualified center in their community. (C) Has identified potential funding that will be used to secure the Federal matching requirements described in section 4(c). (3) National program for arts and technology.--The term ``national program for arts and technology'' means a program that is based on the education and training model of Manchester Bidwell. (4) Qualified center.--The term ``qualified center'' means a private, nonprofit educational entity that-- (A) operates under the guidelines and practices established by the national program for arts and technology, in consultation with the Secretary, and-- (i) provides education and training to underemployed or unemployed individuals in industry specific job skills; (ii) is accessible to communities and neighborhoods that have limited access to transportation; (iii) compliments the learning of targeted public middle school or high school students who are at-risk of dropping out of school; and (iv) is housed in a facility that has been reclaimed and renovated to sustainable building standards or newly constructed as a highly efficient green space; and (B) has a valid affiliation agreement with the Center of Origin and complies with the following: (i) Meets quarterly performance goals, which may include-- (I) students' school attendance and behavior; (II) retention in programming; (III) meeting and exceeding recruitment and enrollment metrics; (IV) student outcomes and performance in training; and (V) job placement. (ii) Adheres to essential operating conditions including environment, targeted populations, and educational model. (iii) Participates in professional development opportunities for members of the board, executives, and staff. (5) Secretary.--The term ``Secretary'' means the Secretary of Education. SEC. 4. GRANT PROGRAM. (a) Program Authorized.--From the amounts appropriated to carry out this Act, the Secretary shall establish and implement the national program for arts and technology to award grants, on a competitive basis, to qualified centers and interested communities to-- (1) provide financial support to the centers and communities to establish a new qualified center to carry out the purposes described in section 2(b); and (2) provide management expertise to guide the centers and communities through the 3-phase replication protocol developed by the Center of Origin to ensure standardization across all qualified centers as to performance goals and objectives, operating culture, and teaching models. (b) Limitation on Use of Funds.--Federal funds received under this Act may not be used for capital expenditures or endowment gifts. (c) Matching Funds Required.--To be eligible to receive a grant under this Act, a qualified center or interested community shall, for each fiscal year for which the grant is received, provide non-Federal contributions (which may include in-kind contributions) toward the amount of the grant in an amount equal to $1 for each $1 of Federal funds provided under the grant. (d) Application and Annual Report.-- (1) Application.-- (A) In general.--To be eligible to receive a grant under this Act, a qualified center or interested community shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (B) Content.--An application submitted under subparagraph (A) shall, at a minimum, contain-- (i) a description of activities to be carried out under the grant; (ii) information on specific measurable goals and objectives to be achieved through activities carried out under the grant; (iii) evidence of an affiliation with a local community; and (iv) evidence of a teaching model consistent with the Secretary's criteria prescribed pursuant to regulations. (2) Annual report.-- (A) In general.--Each qualified center or interested community receiving a grant under this Act shall submit to the Secretary an annual report at such time, in such manner, and containing such information as the Secretary may require. (B) Content.--An annual report submitted under subparagraph (A) shall, at a minimum, describe the degree to which progress has been made toward meeting the specific measurable goals and objectives described in the applications submitted under paragraph (1). (e) Authorization of Appropriations.--There is authorized to be appropriated $25,000,000 to carry out this Act for the period of fiscal years 2012 through 2016. | National Program for Arts and Technology Act of 2012 - Directs the Secretary of Education to establish and implement a national program for arts and technology that addresses the complex needs of the poor and undereducated by awarding competitive grants to qualified centers (private, nonprofit educational entities) and interested communities to provide: (1) financial support to establish new qualified centers, and (2) management expertise to guide such centers and communities. Prohibits federal funds received under this Act from being used for capital expenditures or endowment gifts. Requires a qualified center or an interested community to match federal contributions. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Gasoline Price Stabilization Act of 2003''. SEC. 2. AUTHORIZATION FOR PRICE STABILIZATION. (a) Presidential Authority.--The President is authorized to issue such orders and regulations as he may deem appropriate, including price caps, to stabilize prices for wholesale and retail gasoline to levels at or below levels prevailing on March 1, 2002. (b) Penalty.--Whoever willfully violates any order or regulation issued under this section shall be fined $1,000,000 per violation. (c) Injunctions.--Whenever it appears to any agency of the United States, authorized by the President to exercise the authority contained in this subsection to enforce orders and regulations issued under this section, that any person has engaged, is engaged, or is about to engage in any acts or practices constituting a violation of any regulation or order under this section, it may in its discretion bring an action, in the proper district court of the United States or the proper United States court 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. Upon application of the agency, any such court may also issue mandatory injunctions commanding any person to comply with any regulation or order under this section. (d) Expiration.-- (1) In general.--Except as provided in paragraph (2), this section shall cease to have effect 1 year after the date of the enactment of this Act. (2) Exception.--Paragraph (1) shall not affect enforcement relating to a violation of this section occurring before the expiration date in paragraph (1). SEC. 3. STRATEGIC PETROLEUM RESERVE DRAWDOWN. (a) Drawdowns Authorized To Address State or Regional Economic Harm.--Section 161(d)(2)(C) of the Energy Policy and Conservation Act (42 U.S.C. 6241(d)(2)(C)) is amended by inserting ``, or on a State or regional economy'' after ``national economy''. (b) Drawdowns Authorized To Combat Anti-Competitive Conduct.-- Section 161(d) of the Energy Policy and Conservation Act (42 U.S.C. 6241(d)) is further amended by adding at the end the following new paragraph: ``(3) Reduction in supply caused by anticompetitive conduct.-- ``(A) In general.--For the purposes of this section, in addition to the circumstances set forth in section 3(8) and in paragraph (2) of this subsection, a severe energy supply interruption shall be deemed to exist if the President determines that-- ``(i) there is a significant reduction in supply that-- ``(I) is of significant scope and duration; and ``(II) has caused a significant increase in the price of petroleum products; ``(ii) the increase in price is likely to cause a significant adverse impact on the national economy, or on a State or regional economy; and ``(iii) a substantial cause of the reduction in supply is the anticompetitive conduct of-- ``(I) 1 or more foreign countries or international entities; or ``(II) 1 or more producers, refiners, or marketers of petroleum products. ``(B) Deposit and use of proceeds.--Proceeds from the sale of petroleum drawn down pursuant to a Presidential determination under subparagraph (A) shall-- ``(i) be deposited in the SPR Petroleum Account; and ``(ii) be used only for the purposes specified in section 167.''. (c) Reporting and Consultation Requirements.--When the price of a barrel of crude oil exceeds $25 (in constant 2003 United States dollars) on the New York Mercantile Exchange for a period greater than 14 days, the President, through the Secretary of Energy, shall, not later than 30 days after the end of the 14-day period, submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that-- (1) states the results of a comprehensive review of the causes and potential consequences of the price increase; (2) provides an estimate of the likely duration of the price increase, based on analyses and forecasts of the Energy Information Administration; (3) provides an analysis of the effects of the price increase on the cost of gasoline at the wholesale and retail levels; and (4) states whether, and provides a specific rationale for why, the President does or does not support the drawdown and distribution of a specified amount of oil from the Strategic Petroleum Reserve. (d) General Accounting Office Study.--The Comptroller General of the United States shall, not later than 1 year after the date of the enactment of this Act, transmit to the Congress a review of the drawdown authority of the President with respect to the Strategic Petroleum Reserve, addressing-- (1) how and why the authority has changed over time; (2) under what circumstances Presidents have actually exercised the authority; (3) what the impact on oil prices was as a result of the exercising of the presidential authority; and (4) the implications of expanding the drawdown authority beyond the ``severe energy supply interruption'' standard, and instead allowing the release of oil as a regular hedging tool for oil companies, in which such companies could tap the Strategic Petroleum Reserve as necessary to dampen price shocks, but would be required to replace the oil, along with additional barrels, at some predetermined time in the future. SEC. 4. MINIMUM INVENTORY LEVELS. (a) Establishing Minimum Levels.--The Secretary of Energy shall establish minimum inventory levels that producers, refiners, and marketers of crude oil and petroleum products must maintain in order to limit the impact unexpected supply disruptions have on prices at the wholesale and retail level. (b) Different Industry Segments.--For the purposes of setting the minimum inventory levels, the Secretary may set varying levels for each segment of the oil industry as he determines appropriate. (c) Different Products.--For the purposes of setting the minimum inventory levels, the Secretary may set different levels for the various crude oil and petroleum products, including gasoline, home heating oil, and jet fuel. (d) Seasonal Adjustment.--The Secretary may propose to adjust minimum inventory levels to reflect seasonal adjustments. (e) Regional Variations.--The minimum inventory levels set by the Secretary shall take into account regional variations in supply and demand, and market structure. SEC. 5. BAN ON EXPORTING OF ALASKAN OIL. (a) Repeal of Provision Authorizing Exports.--Subsection (s) of section 28 of the Mineral Leasing Act (30 U.S.C. 185(s)) is repealed. (b) Reimposition of Prohibition on Exports.--Subsection (d) of Section 7 of the Export Administration Act of 1979 (50 U.S.C. App. 2406(d)) shall be effective as of the date of the enactment of this Act, and those provisions of the Export Administration Act of 1979 (including sections 11 and 12) shall apply to the extent necessary to carry out such section 7(d), notwithstanding section 20 of that Act and notwithstanding any other provision of law that would otherwise allow the export of oil to which such section 7(d) applies. SEC. 6. SENSE OF CONGRESS REGARDING OPEC AND THE WTO. (a) Findings.--The Congress makes the following findings: (1) No free market exists in oil production because of collusion among large oil-producing countries. (2) The Organization of the Petroleum Exporting Countries (OPEC) and other oil-producing countries have repeatedly agreed to coordinated cutbacks in production, thus manipulating world oil markets, resulting in de facto price fixing. (3) This manipulation led to the highest price per barrel of oil in nearly a decade, substantial increases in consumer prices for items such as home heating oil and gasoline, and continued price volatility. (4) Rising oil prices greatly harm consumers, farmers, small businesses, and manufacturers, increase the likelihood of inflation, increase the cost of conducting interstate and international commerce, and pose a strong threat to continued economic growth. (5) Article XI of the General Agreement on Tariffs and Trade (GATT 1994) prohibits members of the World Trade Organization (WTO) from setting quantitative restrictions on the import or export of resources or products across their borders; specifically the language reads: ``No prohibitions or restrictions other than duties, taxes or other charges, whether made effective through quotas, import or export licenses or other measures, shall be instituted or maintained by any contracting party on the importation of any product of the territory of any other contracting party or on the exportation or sale for export of any product destined for the territory of any other contracting party.''. (6) The precise meaning of this provision was spelled out in a GATT Panel Report issued in 1988 entitled ``Japan--Trade in Semi-conductors', which noted, ``. . . this wording [in article XI] was comprehensive: it applied to all measures instituted or maintained by a contracting party prohibiting or restricting the importation, exportation or sale for export of products other than measures that take the form of duties, taxes, or other charges. . . . This wording indicated clearly that any measure instituted or maintained by a contracting party which restricted the exportation or sale for export of products was covered by this provision, irrespective of the legal status of the measure.''. (7) Oil production restrictions clearly qualify as a ``quantitative restriction'' based on the original WTO rules and the 1988 GATT panel report, which certify that only ``duties, taxes or other charges'' are allowable, not pacts among countries to limit production of a product for export. (8) Article XX of GATT 1994, which sets out a series of exceptions to article XI, notes that none of the exceptions are valid if they are ``applied in a manner which would constitute . . . a disguised restriction on international trade'', a phrase which describes OPEC's production restrictions. (9) Of the 11 OPEC countries, 6 are members of the WTO (Kuwait, Indonesia, Nigeria, Qatar, Venezuela, and United Arab Emirates), 2 have observer status and have applied to join the WTO (Saudi Arabia and Algeria), and only 3 have no relationship with the WTO (Libya, Iran, and Iraq). (10) Of the remaining large oil-producing countries, Mexico and Norway are members of the WTO, and Russia and Oman have applied for membership. (11) Given the substantial WTO membership and pending membership of oil-producing countries, filing a complaint would likely have an immediate impact on the current and future behavior of these countries. (b) Sense of Congress.--The Congress strongly urges the President to instruct the United States Representative to the World Trade Organization to file a complaint in the World Trade Organization against oil-producing countries for violating their obligations under the rules of that organization. | Gasoline Price Stabilization Act of 2003 - Authorizes the President to issue orders and regulations, including price caps, to stabilize prices for wholesale and retail gasoline to levels at or below levels prevailing on March 1, 2002.Amends the Energy Policy and Conservation Act to cite additional criteria under which a severe energy supply interruption is deemed to exist, including a determination by the President that the increase in the price of petroleum products is: (1) likely to cause a significant adverse impact on the national, State, or regional economy; and (2) a substantial cause of the energy supply reduction is the anticompetitive conduct of either foreign countries or international entities, or producers, refiners, or marketers of petroleum products.Requires the President, when the price of a barrel of crude oil exceeds $25 on the New York Mercantile Exchange for more than 14 days, to issue a report to certain congressional committees that: (1) states the results of a comprehensive review of the causes and potential consequences of the price increase; (2) provides an estimate of the likely duration of the price increase, based on analyses and forecasts of the Energy Information Administration; (3) provides an analysis of the effects of the price increase on the cost of gasoline at the wholesale and retail levels; and (4) states whether, and provides a specific rationale for why, the President does or does not support the drawdown and distribution of a specified amount of oil from the Strategic Petroleum Reserve.Directs the Secretary of Energy to establish minimum inventory levels that producers, refiners, and marketers of crude oil and petroleum products must maintain in order to limit the impact unexpected supply disruptions have on prices at the wholesale and retail level.Amends the Mineral Leasing Act to repeal the authorization for the export of Alaska North Slope oil, and prohibit such exports.Urges the President to instruct the U.S. Representative to the World Trade Organization (WTO) to file a complaint in the WTO against oil-producing countries for violating their obligations under its rules. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Professional Sports Responsibility Act of 2005''. SEC. 2. FINDINGS. Congress finds the following: (1) Congress has created some important legal benefits for professional sports leagues, some of which have been instrumental to the enormous success of those leagues. These benefits include antitrust exemptions created under the National Sports Broadcasting Act, labor exemptions to the antitrust laws to engage in collective bargaining agreements, special visas for foreign professional athletes, and several tax benefits including tax write-offs after the sale of a team and tax exemption status for professional sports leagues. Additionally, they enjoy indirect tax benefits which create incentives for cities to build stadiums. (2) The leagues have no entitlement to these benefits and Congress can revoke these benefits away at any time. (3) The illegal use of anabolic steroids, performance enhancing substances, and Schedule I controlled substances by professional athletes poses a significant public health and safety concern not only for the players on the field, but also for the general public. As long as athletes believe the use of these products is necessary to gain a competitive edge and secure recognition in the professional leagues, there will be incentives for amateur athletes to use these products to attempt to reach higher levels of competition. (4) Studies suggest a connection between the use of performance enhancing substances by professional athletes and the increased use of these substances by children and teenagers. Experts estimate that over 500,000 teenagers have used performance-enhancing substances, which can have serious health consequences, especially for teenagers and children. (5) The detrimental health effects of these substances are well-documented including stunted growth, scarring acne, hair loss, hormonal and metabolic imbalances, liver damage, a higher risk of heart attack and stroke, dramatic mood swings, and violent tendencies. (6) The tolerance of the use of performance enhancing substances by professional athletes by the professional sports leagues send the wrong message to youth that these drugs must be used to advance in athletic competition. (7) To continue to enjoy the benefits afforded the leagues by Congress, the leagues must operate as responsible citizens of the United States by adopting strong policies to eliminate the use of these substances and reassure the public that there will be no place in professional sports for the illegal use of performance-enhancing substances or other controlled substances. (8) As of the date of enactment of this Act, Congress is not satisfied that the four major professional leagues have an appropriate testing and penalty policy in place. Minimum standards for testing for the illegal use of performance- enhancing substances and other controlled substances, and minimum penalties for the illegal use of these substances, should be established. (9) Because the list of performance-enhancing substances continues to expand and new substances are always being developed, the list of substances must be frequently monitored and updated. The Department of Justice, as the agency tasked with enforcing the laws on controlled substances, is the appropriate agency to establish, monitor, and update standards for testing for and penalties for illegal use of performance- enhancing and other controlled substances. SEC. 3. DEFINITIONS. In this Act the following definitions apply: (1) Accreditation body.--The term ``accreditation body'' means the private nonprofit organization authorized under section 5 to audit, inspect, and certify major professional leagues. (2) Major professional league.--The term ``major professional league'' means Major League Baseball, the National Basketball Association, the National Football League, and the National Hockey League or any successor organization to such leagues. (3) Off-season.--The term ``off-season'' means the period of time in each calendar year outside of the season of play for each major professional league. (4) Professional athlete.--The term ``professional athlete'' means an individual who competes in a major professional league. (5) Season of play.-- (A) In general.--The term ``season of play'' for each major professional league means the period of time in each calendar year beginning with the date on which professional athletes of that major professional league are collectively obligated to report to their teams in preparation for play and ending with the last game of the major professional league's regular season. (B) Post-season.--The season of play shall include post-season play for an athlete who is a member of a team that remains active in post-season play. SEC. 4. STANDARDS FOR TESTING FOR PERFORMANCE-ENHANCING AND OTHER CONTROLLED SUBSTANCES. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Attorney General shall issue rules requiring the testing by major professional leagues for the illegal use of steroids and other performance-enhancing substances and any substance designated as a Schedule I substance under the Controlled Substances Act (21 U.S.C. 801 et seq.). The requirements of section 553 of title 5, United States Code, shall not apply to such rulemaking. Such rules shall be issued with regard to each specific major professional league and at a minimum establish-- (1) the minimum number of times each professional athlete should be tested for prohibited substances during a calendar year, ensuring that tests are conducted at random intervals throughout the season of play and during the off-season; (2) the applicable prohibited substances for which professional athletes shall be tested; (3) a method of testing and analysis which guarantees that-- (A) the tests will be administered by an independent party who is not an employee of a major professional league, member team, or labor organization representing professional athletes in that league; and (B) the determination of the persons to be tested, and the timing and frequency of testing, is not controlled by the major professional league; (4) a means for exempting particular substances that have legitimate medical or therapeutic use, if such use is for a documented medical condition of the professional athlete; (5) sufficient penalties for any professional athlete who tests positive for a prohibited substance and penalties for any professional athlete who refuses or fails to submit to a required test; (6) an adequate appeals process; and (7) procedures for publicly disclosing the identity of any athlete who tests positive for a prohibited substance. (b) Revisions to Rule.--The Attorney General shall have the authority to modify and update the standards issued under subsection (a) as necessary. Any modification of such standards shall take effect on January 1 of the year following the year in which the modifications were issued. SEC. 5. AUTHORIZATION OF INDEPENDENT ACCREDITATION BODY AND CERTIFICATION. (a) Accreditation Body.--The Attorney General shall authorize a private nonprofit organization to be an accreditation body for the certification of major professional leagues. Such accreditation body shall-- (1) audit a major professional league's testing protocols and policies with such frequency as the Attorney General shall determine; and (2) with such frequency as determined by the Attorney General, inspect the testing of a major professional league of its professional athletes to ensure that the testing procedures meet the standards established under section 4. (b) Certification Requirements.-- (1) Certification.--The accreditation body shall certify a major professional league each year prior to the beginning of that league's season of play if such league adopts and enforces a policy for the testing for the illegal use of performance- enhancing substances and other controlled substances which meets the standards established under section 4. (2) Application and requirements for certification.--To be certified under this section, a major professional league shall-- (A) submit an application to the accreditation body-- (i) in such form and manner as the Attorney General shall prescribe; (ii) that describes the characteristics of the major professional league's prohibited substance testing protocols, policies and procedures, including-- (I) the number and types of tests for prohibited substances conducted in a calendar year, including the actual number of professional athletes tested; (II) the methodologies used for administering tests and other procedures employed; (III) the qualifications (educational background, training, and experience) of the lab personnel selected to evaluate the tests; and (IV) adjudication policies and procedures, including policies and procedures governing an appeals process; and (iii) that contains such other information as the Attorney General may require to determine compliance with this Act; (B) provide the accreditation body satisfactory assurances that the major professional league will be operated in accordance with standards issued by the Attorney General under section 4; and (C) agree to permit inspections by the accreditation body and to make available any records and submit reports to the accreditation body as the Attorney General may reasonably require. (c) Suspension and Revocation.--The certification of a major professional league issued under this section may be suspended or revoked if the accreditation body finds, after reasonable notice and opportunity for hearing of the owner or operator of the major professional league, that such owner or operator or any employee of the major professional league-- (1) has been guilty of misrepresentation in obtaining the certification; (2) has failed to comply with the requirements of this section or the standards established under section 4; (3) has failed to comply with reasonable requests of the accreditation body for any information or materials that the accreditation body concludes is necessary to determine the major professional league's continued eligibility for certification; or (4) has refused a reasonable request of the accreditation body to inspect the major professional league and its operations and pertinent records. (d) Report.--The accrediting body shall report to Congress whenever a major professional league fails to receive certification under subsection (b) or a major professional league's certification is revoked or suspended, under subsection (c). The report shall include the reasons for which the league was not certified or for which its certification was revoked or suspended. SEC. 6. CIVIL PENALTIES. Beginning 1 year after the date on which the final rules required by section 4 are issued, the Attorney General may fine any major professional league that fails to adopt and enforce testing policies and procedures consistent with such rules. The amount of the fine shall be not more than $5,000,000, except that the Attorney General may increase that amount by not more than $1,000,000 for each additional day of noncompliance. The Attorney General may reduce the amount of the fines provided for in this section upon finding such fines to be unduly burdensome for a particular major professional league. SEC. 7. FURTHER CONGRESSIONAL ACTION. (a) Report to Congress.--The Attorney General shall report to Congress regarding any major professional league that fails to adopt or enforce policies and procedures consistent with the rules issued pursuant to section 4. Such report shall include recommendations on any specific action regarding any of the privileges, exemptions, or other benefits enjoyed by such major professional leagues under the law. (b) Sense of Congress.--It is the sense of Congress that Congress should annually review the certification status of each major professional league and consider taking legislative action regarding the benefits enjoyed by any league that fails to adopt or enforce policies and procedures consistent with the rules issued pursuant to this Act. SEC. 8. INCREASED PENALTIES FOR ANABOLIC STEROID OFFENSES NEAR SPORTS FACILITIES OR INVOLVING ATHLETES. (a) In General.--Part D of the Controlled Substances Act is amended by adding at the end the following: ``anabolic steroid offenses near sports facilities or involving athletes ``Sec. 424. (a) Whoever violates section 401(a)(1) or section 416 by manufacturing, distributing, or possessing with intent to distribute, an anabolic steroid near or at a sports facility, or by distributing or possessing with intent to distribute an anabolic steroid to a professional, college, or high school athlete, is subject to twice the maximum term of imprisonment, maximum fine, and maximum term of supervised release otherwise provided by section 401 for that offense. ``(b) As used in this section-- ``(1) the term `sports facility' means real property where athletic sports or athletic training takes place, if such property is privately owned for commercial purposes or if such property is publicly owned, but does not include any real property described in section 419; ``(2) the term `near or at' means in or on, or within 1000 feet of; ``(3) the term `college or high school athlete' means an athlete who is a student at an institution of higher learning (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001) or at a secondary school (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801); ``(4) the term `athlete' means an individual who participates in an athletic activity conducted by-- ``(A) an intercollegiate athletic association or interscholastic athletic association; ``(B) a professional athletic association; or ``(C) an amateur athletic organization; ``(5) the term `athletic activity' means an activity that-- ``(A) has officially designated coaches; ``(B) conducts regularly scheduled practices or workouts that are supervised by coaches; and ``(C) has established schedules for competitive events or exhibitions; and ``(6) the term `possessing with intent to distribute' means possessing with the intent to distribute near or at a sports facility.''. (b) Table of Contents Amendment.--The table of contents for Comprehensive Drug Abuse Prevention and Control Act of 1970 is amended by inserting after the item relating to section 423 the following new item: ``Sec. 424. Anabolic steroid offenses near sports facilities or involving athletes.''. SEC. 9. STUDIES AND REPORTS. (a) Report on Effectiveness of Regulations.--Not later than 2 years after the date of enactment of this Act and every 2 years thereafter, the Attorney General shall transmit to the Committees on the Judiciary of the Senate and the House of Representatives a report describing the effectiveness of the regulations prescribed under section 4, the degree to which professional sports associations have complied with such regulations, and any significant examples of noncompliance. (b) Study on College Testing Policies and Procedures.-- (1) Study.--The Comptroller General shall conduct a study on the illegal use of performance-enhancing substances and other controlled substances by college athletes which shall examine the prohibited substance policies and testing procedures of intercollegiate athletic associations and college and university athletic departments. (2) Report.--Not later than 1 year after the date of enactment of this Act, the Comptroller General shall transmit a report of the study required by subsection (a) to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate. The report shall-- (A) assess the adequacy of the testing policies and procedures described in subsection (a) in detecting and preventing the illegal use of performance-enhancing and other controlled substances; and (B) include recommendations to Congress regarding expanding the application of the regulations issued pursuant to this Act to such intercollegiate and interscholastic athletic associations. SEC. 10. INCLUSION OF ADDITIONAL LEAGUES. The Attorney General may include any additional professional sports league or the entities participating in Division I or Division II of the National Collegiate Athletic Association as a major professional league if the Attorney General determines that such additions would prevent the illegal use of performance-enhancing substances and other controlled substances by high school, college, or professional athletes. | Professional Sports Responsibility Act of 2005 - Requires the Attorney General to issue rules requiring major professional leagues (i.e., Major League Baseball, the National Basketball Association, the National Football League, and the National Hockey League) to test athletes for the illegal use of steroids and other performance-enhancing substances and Schedule I substances. Requires such regulations to establish: (1) the number of times each athlete should be tested and the prohibited substances; (2) a means for exempting substances used for a documented medical condition; (3) sufficient penalties for any athlete who tests positive and procedures for publicly disclosing such athlete's identity; and (4) an appeals process. Requires the Attorney General to authorize a private nonprofit organization to be an accreditation body to annually certify that each league's testing meets established standards. Allows the Attorney General to assess fines for failure to adopt or enforce the required testing policies. Requires the Attorney General to report to Congress regarding any league that fails to comply with such policies and the effectiveness of the regulations under this Act. Amends the Controlled Substances Act to double the maximum penalties for violations regarding anabolic steroids that occur near or at a sports facility or that involve an athlete. Directs the Comptroller General to study the illegal use of performance-enhancing substances and other controlled substances by college athletes. Allows the Attorney General to include as a major professional league any additional professional sports league or National Collegiate Athletic Association entities if such additions would prevent the illegal use of performance-enhancing substances and other controlled substances by athletes. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Taxpayer Transparency Act of 2014''. SEC. 2. REQUIREMENTS FOR PRINTED MATERIALS AND ADVERTISEMENTS BY FEDERAL AGENCIES. (a) Requirement To Identify Funding Source for Communication Funded by Federal Agency.--Each communication funded by a Federal agency that is an advertisement, or that provides information about any Federal Government program, benefit, or service, shall clearly state-- (1) in the case of a printed communication, including mass mailings, signs, and billboards, that the communication is printed or published at taxpayer expense; and (2) in the case of a communication transmitted through radio, television, the Internet, or any means other than the means referred to in paragraph (1), that the communication is produced or disseminated at taxpayer expense. (b) Additional Requirements.-- (1) Printed communication.--Any printed communication described in subsection (a)(1) shall-- (A) be of sufficient type size to be clearly readable by the recipient of the communication; (B) to the extent feasible, be contained in a printed box set apart from the other contents of the communication; and (C) to the extent feasible, be printed with a reasonable degree of color contrast between the background and the printed statement. (2) Radio, television, and internet communication.-- (A) Audio communication.--Any audio communication described in subsection (a)(2) shall include an audio statement that communicates the information required under that subsection in a clearly spoken manner. (B) Video communication.--Any video communication described in subsection (a)(2) shall include a statement with the information referred to under that subsection-- (i) that is conveyed in a clearly spoken manner; (ii) that is conveyed by a voice-over or screen view of the person making the statement; and (iii) to the extent feasible, that also appears in writing at the end of the communication in a clearly readable manner with a reasonable degree of color contrast between the background and the printed statement, for a period of at least 4 seconds. (C) E-mail communication.--Any e-mail communication described in subsection (a)(2) shall include the information required under that subsection, displayed in a manner that-- (i) is of sufficient type size to be clearly readable by the recipient of the communication; (ii) is set apart from the other contents of the communication; and (iii) includes a reasonable degree of color contrast between the background and the printed statement. (c) Identification of Other Funding Source for Certain Communications.--In the case of a communication funded entirely by user fees, by any other source that does not include Federal funds, or by a combination of such fees or other source, a Federal agency may apply the requirements of subsections (a) and (b) by substituting ``by the United States Government'' for ``at taxpayer expense''. (d) Definitions.--In this Act: (1) Federal agency.--The term ``Federal agency'' has the meaning given the term ``Executive agency'' in section 133 of title 41, United States Code. (2) Mass mailing.--The term ``mass mailing'' means any mailing or distribution of 499 or more newsletters, pamphlets, or other printed matter with substantially identical content, whether such matter is deposited singly or in bulk, or at the same time or different times, except that such term does not include any mailing-- (A) in direct response to a communication from a person to whom the matter is mailed; or (B) of a news release to the communications media. (e) Source of Funds.--The funds used by a Federal agency to carry out this Act shall be derived from amounts made available to the agency for advertising, or for providing information about any Federal Government program, benefit, or service. (f) Effective Date.--This section shall apply only to communications printed or otherwise produced after the date of the enactment of this Act. SEC. 3. GUIDANCE FOR IMPLEMENTATION. Not later than 6 months after the date of the enactment of this Act, the Director of the Office of Management and Budget shall develop and issue guidance on implementing the requirements of this Act. SEC. 4. JUDICIAL REVIEW AND ENFORCEABILITY. (a) Judicial Review.--There shall be no judicial review of 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. Passed the House of Representatives February 26, 2014. Attest: KAREN L. HAAS, Clerk. | (This measure has not been amended since it was reported to the House on February 25, 2014. Taxpayer Transparency Act of 2014 - Requires each communication funded by a federal agency that is an advertisement, or that provides information about any federal program, benefit, or service to clearly state: (1) in the case of a printed communication, including mass mailings, signs, and billboards, that the communication is printed or published at taxpayer expense; and (2) in the case of a communication transmitted through radio, television, or the Internet, that the communication is produced or disseminated at taxpayer expense. Requires such notification to state that a communication is provided by the U.S. government, rather than at taxpayer expense, if the communication is funded entirely by user fees or by other sources that do not include federal funds. Requires any such printed communication: (1) to be of sufficient size to be clearly readable; and (2) to the extent feasible, to be contained in a printed box set apart from the other contents of the communication and to be printed with a reasonable degree of color contrast between the background and the printed statement. Sets forth similar requirements for audio, video, and email communications. Requires the Director of the Office of Management and Budget (OMB) to develop and issue guidance on implementing the requirements of this Act. Prohibits judicial review of the compliance or noncompliance with any provision of this Act. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Superior National Forest Land Exchange 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. Purpose and need for NorthMet Land Exchange. Sec. 3. Definitions. Sec. 4. NorthMet Land Exchange. Sec. 5. Valuation of NorthMet Land Exchange. Sec. 6. Maps and legal descriptions. Sec. 7. Post-exchange land management. Sec. 8. Miscellaneous provisions. SEC. 2. PURPOSE AND NEED FOR NORTHMET LAND EXCHANGE. (a) Purpose.--It is the purpose of this Act to further the public interest by consummating the NorthMet Land Exchange as specifically set forth in this Act. (b) Need.--According to the Final Record of Decision, the NorthMet Land Exchange is advisable and needed because the NorthMet Land Exchange will-- (1) result in a 40-acre net gain in National Forest System lands; (2) improve the spatial arrangement of National Forest System lands by reducing the amount of ownership boundaries to be managed by 33 miles; (3) improve management effectiveness by exchanging isolated Federal lands with no public overland access for non-Federal lands that will have public overland access and be accessible and open to public use and enjoyment; (4) result in Federal cost savings by eliminating certain easements and their associated administration costs; (5) meet several of the priorities identified in the land and resource management plan for Superior National Forest to protect and manage administratively or congressionally designated, unique, proposed, or recommended areas, including acquisition of 307 acres of land to the administratively proposed candidate Research Natural Areas, which are managed by preserving and maintaining areas for ecological research, observation, genetic conservation, monitoring, and educational activities; (6) promote more effective land management that would meet specific National Forest needs for management, including acquisition of over 6,500 acres of land for new public access, watershed protection, ecologically rare habitats, wetlands, water frontage, and improved ownership patterns; (7) convey Federal land generally not needed for other Forest resource management objectives, because such land is adjacent to intensively developed private land including ferrous mining areas, where abundant mining infrastructure and transportation are already in place, including-- (A) a large, intensively developed open pit mine lying directly to the north of the Federal land; (B) a private mine railroad, powerlines, and roads lying directly to the south of the Federal land; and (C) already existing ore processing, milling, and tailings facilities located approximately 5 miles to the west of the Federal land; and (8) provide a practical resolution to complex issues pertaining to the development of private mineral rights underlying the Federal land surface, and thereby avoid potential litigation which could adversely impact the status and management of the Federal land and other National Forest System land acquired under the authority of section 6 of the Act of March 1, 1911 (commonly known as the Weeks Law; 16 U.S.C. 515). SEC. 3. DEFINITIONS. In this Act: (1) Collection agreements.--The term ``Collection Agreements'' means the following agreements between the Secretary and Poly Met pertaining to the NorthMet Land Exchange: (A) The agreement dated August 25, 2015. (B) The agreement dated January 15, 2016. (2) Federal land parcel.--The term ``Federal land parcel'' means all right, title, and interest of the United States in and to approximately 6,650 acres of National Forest System land, as identified in the Final Record of Decision, within the Superior National Forest in St. Louis County, Minnesota, as generally depicted on the map entitled ``Federal Land Parcel- NorthMet Land Exchange'', and dated June 2017. (3) Non-federal land.--The term ``non-Federal land'' means all right, title, and interest of Poly Met in and to approximately 6,690 acres of land in four separate tracts (comprising 10 separate land parcels in total) within the Superior National Forest to be conveyed to the United States by Poly Met in the land exchange as generally depicted on an overview map entitled ``Non-Federal Land Parcels-NorthMet Land Exchange'' and dated June 2017, and further depicted on separate tract maps as follows: (A) Tract 1.--Approximately 4,650 acres of land in St. Louis County, Minnesota, generally depicted on the map entitled ``Non-Federal Land Parcels-NorthMet Land Exchange-Hay Lake Tract'', and dated June 2017. (B) Tract 2.--Approximately 320 acres of land in 4 separate parcels in Lake County, Minnesota, generally depicted on the map entitled ``Non-Federal Land Parcels-NorthMet Land Exchange-Lake County Lands'', and dated June 2017. (C) Tract 3.--Approximately 1,560 acres of land in 4 separate parcels in Lake County, Minnesota, generally depicted on the map entitled ``Non-Federal Land Parcels-NorthMet Land Exchange-Wolf Lands'', and dated June 2017. (D) Tract 4.--Approximately 160 acres of land in St. Louis County, Minnesota, generally depicted on the map entitled ``Non-Federal Land Parcel-NorthMet Land Exchange-Hunting Club Lands'', dated June 2017. (4) Northmet land exchange.--The term ``NorthMet Land Exchange'' means the land exchange specifically authorized and directed by section 4 of this Act. (5) Poly met.--The term ``Poly Met'' means Poly Met Mining Corporation, Inc., a Minnesota Corporation with executive offices in St. Paul, Minnesota, and headquarters in Hoyt Lakes, Minnesota. (6) Record of decision.--The term ``Record of Decision'' means the Final Record of Decision of the Forest Service issued on January 9, 2017, approving the NorthMet Land exchange between the United States and PolyMet Mining, Inc., a Minnesota Corporation, involving National Forest System land in the Superior National Forest in Minnesota. (7) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (8) State.--The term ``State'' means the State of Minnesota. SEC. 4. NORTHMET LAND EXCHANGE. (a) Exchange Authorized and Directed.-- (1) In general.--Subject to section 5(c)(1) and other conditions imposed by this Act, if Poly Met offers to convey to the United States all right, title, and interest of Poly Met in and to the non-Federal land, the Secretary shall accept the offer and convey to Poly Met all right, title, and interest of the United States in and to the Federal land parcel. (2) Land exchange expedited.--Subject to the conditions imposed by this Act, the NorthMet Land Exchange directed by this Act shall be consummated not later than 90 days after the date of enactment of this Act. (b) Form of Conveyance.-- (1) Non-federal land.--Title to the non-Federal land conveyed by Poly Met to the United States shall be by general warranty deed subject to existing rights of record, and otherwise conform to the title approval regulations of the Attorney General of the United States. (2) Federal land parcel.--The Federal land parcel shall be quitclaimed by the Secretary to Poly Met by an exchange deed. (c) Exchange Costs.-- (1) Reimbursement required.--Poly Met shall pay or reimburse the Secretary, either directly or through the Collection Agreements, for all land survey, appraisal, land title, deed preparation, and other costs incurred by the Secretary in processing and consummating the NorthMet Land Exchange. The Collection Agreements, as in effect on the date of the enactment of this Act, may be modified through the mutual consent of the parties. (2) Deposit of funds.--All funds paid or reimbursed to the Secretary under paragraph (1)-- (A) shall be deposited and credited to the accounts in accordance with the Collection Agreements; (B) shall be used for the purposes specified for the accounts; and (C) shall remain available to the Secretary until expended without further appropriation. (d) Conditions on Land Exchange.-- (1) Reservation of certain mineral rights.--Notwithstanding subsection (a), the United States shall reserve the mineral rights on approximately 181 acres of the Federal land parcel as generally identified on the map entitled ``Federal Land Parcel- NorthMet Land Exchange'', and dated June 2017. (2) Third-party authorizations.--As set forth in the Final Record of Decision, Poly Met shall honor existing road and transmission line authorizations on the Federal land parcel. Upon relinquishment of the authorizations by the holders or upon revocation of the authorizations by the Forest Service, Poly Met shall offer replacement authorizations to the holders on at least equivalent terms. SEC. 5. VALUATION OF NORTHMET LAND EXCHANGE. (a) Appraisals.--The Congress makes the following new findings: (1) Appraisals of the Federal and non-Federal lands to be exchanged in the NorthMet Land Exchange were formally prepared in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions, and were approved by the Secretary in conjunction with preparation of the November 2015 Draft Record of Decision on the NorthMet Land Exchange. (2) The appraisals referred to in paragraph (1) determined that the value of the non-Federal lands exceeded the value of the Federal land parcel by approximately $425,000. (3) Based on the appraisals referred to in paragraph (1), the United States would ordinarily be required to make a $425,000 cash equalization payment to Poly Met to equalize exchange values under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), unless such an equalization payment is waived by Poly Met. (b) Values for Consummation of Land Exchange.--The appraised values of the Federal and non-Federal land determined and approved by the Secretary in November 2015, and referenced in subsection (a)-- (1) shall be the values utilized to consummate the NorthMet Land Exchange; and (2) shall not be subject to reappraisal. (c) Waiver of Equalization Payment.-- (1) Condition on land exchange.--Notwithstanding section 206(b) of the Federal Land Policy and Management Act (43 U.S.C. 1716(b)), and as part of its offer to exchange the non-Federal lands as provided in section 4(a)(1) of this Act, Poly Met shall waive any payment to it of any monies owed by the United States to equalize land values. (2) Treatment of waiver.--A waiver of the equalization payment under paragraph (1) shall be considered as a voluntary donation to the United States by Poly Met for all purposes of law. SEC. 6. MAPS AND LEGAL DESCRIPTIONS. (a) Minor Adjustments.--By mutual agreement, the Secretary and Poly Met may correct minor or typographical errors in any map, acreage estimate, or description of the Federal land parcel or non-Federal land to be exchanged in the NorthMet Land Exchange. (b) Conflict.--If there is a conflict between a map, an acreage estimate, or a description of land under this Act, the map shall control unless the Secretary and Poly Met mutually agree otherwise. (c) Exchange Maps.--The maps referred to in section 3 depicting the Federal and non-Federal lands to be exchanged in the NorthMet Land Exchange, and dated June 2017, depict the identical lands identified in the Final Record of Decision, which are on file in the Office of the Supervisor, Superior National Forest. SEC. 7. POST-EXCHANGE LAND MANAGEMENT. (a) Non-Federal Land.--Upon conveyance of the non-Federal land to the United States in the NorthMet Land Exchange, the non-Federal land shall become part of the Superior National Forest and be managed in accordance with-- (1) the Act of March 1, 1911 (commonly known as the Weeks Law; 16 U.S.C. 500 et seq.); and (2) the laws and regulations applicable to the Superior National Forest and the National Forest System. (b) Planning.--Upon acquisition by the United States in the NorthMet Land Exchange, the non-Federal lands shall be managed in a manner consistent with the land and resource management plan applicable to adjacent federally owned lands in the Superior National Forest. An amendment or supplement to the land and resource management plan shall not be required solely because of the acquisition of the non-Federal lands. (c) Federal Land.--Upon conveyance of the Federal land parcel to Poly Met in the NorthMet Land Exchange, the Federal land parcel shall become private land and available for any lawful use in accordance with applicable Federal, State, and local laws and regulations pertaining to mining and other uses of land in private ownership. SEC. 8. MISCELLANEOUS PROVISIONS. (a) Withdrawal of Acquired Non-Federal Land.--The non-Federal lands acquired by the United States in the NorthMet Land Exchange shall be withdrawn, without further action by the Secretary, from appropriation and disposal under public land laws and under laws relating to mineral and geothermal leasing. (b) Withdrawal Revocation.--Any public land order that withdraws the Federal land parcel from appropriation or disposal under a public land law shall be revoked without further action by the Secretary to the extent necessary to permit conveyance of the Federal land parcel to Poly Met. (c) Withdrawal of Federal Land Pending Conveyance.--The Federal land parcel to be conveyed to Poly Met in the NorthMet Land Exchange, if not already withdrawn or segregated from appropriation or disposal under the mineral leasing and geothermal or other public land laws upon enactment of this Act, is hereby so withdrawn, subject to valid existing rights, until the date of conveyance of the Federal land parcel to Poly Met. (d) Act Controls.--In the event any provision of the Record of Decision conflicts with a provision of this Act, the provision of this Act shall control. Passed the House of Representatives November 28, 2017. Attest: KAREN L. HAAS, Clerk. | Superior National Forest Land Exchange Act of 2017 (Sec. 4) This bill directs the Department of Agriculture (USDA) to convey specified National Forest System land within the Superior National Forest in St. Louis County, Minnesota, to Poly Met Mining Corporation, Inc., in exchange for specified nonfederal lands within the forest in St. Louis and Lake Counties, Minnesota. Poly Met shall pay or reimburse all land survey, appraisal, land title, deed preparation, and other costs incurred by USDA in completing such exchange. All of the funds paid or reimbursed to USDA must be deposited into accounts and used for the purposes specified in certain collection agreements pertaining to such exchange. The United States shall reserve the mineral rights on a specified portion of the federal land exchanged. As set forth in the Final Record of Decision of January 9, 2017, approving such exchange, Poly Met shall honor existing road and transmission line authorizations on the federal land exchanged. (Sec. 5) The appraised values of the federal and nonfederal lands that were determined and approved by USDA in November 2015 shall be the values used to complete the exchange and shall not be subject to reappraisal. Poly Met shall waive any payment otherwise owed to it by the United States to equalize the values of the exchanged lands. Such waiver shall be considered as a voluntary donation to the United States by Poly Met for all purposes of law. (Sec. 7) Upon conveyance, the non-federal lands shall become part of the Superior National Forest and shall be managed in accordance with the Weeks Law and in a manner consistent with the land and resource management plan applicable to adjacent federally owned lands in the forest. Upon conveyance, the federal land shall: (1) become private land and shall be made available for any lawful use in accordance with applicable federal, state, and local laws and regulations that pertain to mining and other uses of land in private ownership; and (2) be withdrawn from appropriation and disposal under public land laws and under laws relating to mineral and geothermal leasing. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Today's Entrepreneurs are America's Mentors Act'' or the ``TEAM Act''. SEC. 2. DEFINITIONS. In this Act-- (1) the terms ``Administration'' and ``Administrator'' mean the Small Business Administration and the Administrator thereof, respectively; and (2) the term ``small business concern'' has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632). SEC. 3. OFFICE OF ENTREPRENEURIAL EDUCATION. (a) In General.--The Small Business Act (15 U.S.C. 631 et seq.) is amended-- (1) by redesignating section 45 (15 U.S.C. 631 note) as section 46; and (2) by inserting after section 44 (15 U.S.C. 657q) the following: ``SEC. 45. ENTREPRENEURIAL EDUCATION. ``(a) Office of Entrepreneurial Education.-- ``(1) In general.--There is in the Administration an Office of Entrepreneurial Education, which shall develop and provide innovative entrepreneurial information, education, and resources, to promote prospective entrepreneurs and successful small business concerns. ``(2) Director.--The head of the Office of Entrepreneurial Education is the Director of the Office of Entrepreneurial Education, who shall report to the Associate Administrator for Entrepreneurial Development. ``(3) Duties.--The Director of the Office of Entrepreneurial Education shall-- ``(A) manage the online courses, online publications, and other online resources provided by the Administration to entrepreneurs and small business concerns; ``(B) manage the youth entrepreneurship programs of the Administration, including-- ``(i) online resources for youth entrepreneurs; and ``(ii) coordination and outreach with entrepreneurial development service providers that provide counseling and training to youth entrepreneurs desiring to start or expand small business concerns; ``(C) coordinate with nonprofit and other private sector partners to share educational materials on money management and financial literacy for entrepreneurs and small business concerns; and ``(D) provide assistance and courtesy services to individuals and foreign dignitaries visiting the United States who are interested in issues relating to entrepreneurs and small business concerns. ``(b) National Primary and Secondary School Entrepreneurial Education Program.-- ``(1) In general.--Not later than 1 year after the date of enactment of the Today's Entrepreneurs are America's Mentors Act, the Associate Administrator for Entrepreneurial Development (referred to in this subsection as the `Associate Administrator') shall establish a program under which the Associate Administrator may make grants to nonprofit organizations, including small business development centers, SCORE chapters, women's business centers, and other resource partners of the Administration, to provide technical assistance to primary and secondary schools for the development and implementation of curricula and mentoring programs designed to promote entrepreneurship. ``(2) Application.--A nonprofit organization desiring a grant under this subsection shall submit to the Associate Administrator an application that contains-- ``(A) a description of the goals of the project to be funded using the grant; ``(B) a list of any partners that plan to participate in the project to be funded using the grant; and ``(C) any other information that the Associate Administrator determines is necessary. ``(3) Report.--Not later than 1 year after the date on which a nonprofit organization receives a grant under this subsection, the nonprofit organization shall submit to the Associate Administrator a report that describes-- ``(A) the individuals assisted using the grant; ``(B) the number of jobs created or saved through the use of the grant; and ``(C) any other information concerning the use of the grant that the Associate Administrator may require. ``(4) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection $3,000,000 for each of fiscal years 2013, 2014, and 2015.''. (b) Report on Best Practices of Entrepreneurial Education and Training Programs.-- (1) Report required.--Not later than 180 days after the date of enactment of this Act, the Director of the Office of Entrepreneurial Education shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report that describes best practices of entrepreneurial education and training programs throughout the United States. (2) Contents.--The report submitted under paragraph (1) shall include-- (A) a description of any programs that the Director of the Office of Entrepreneurial Education determines are exemplary, including national programs, regional programs, State programs, and local programs; and (B) a summary of entrepreneurial education and training programs carried out by-- (i) the Federal Government; (ii) State and local governments; and (iii) as nonprofit organizations and private sector groups. SEC. 4. MASTER OF BUSINESS ADMINISTRATION SCHOLARSHIP PILOT PROGRAM. (a) In General.--The Administrator may award not more than 100 scholarships of not more than $1,500 on a merit-reviewed, competitive basis to students who are pursuing a Masters of Business Administration degree. (b) Requirements.-- (1) Agreement to provide assistance.--A student receiving a scholarship under subsection (a) shall enter into an agreement with the Administrator under which the student shall, during the fiscal year during which the student receives the scholarship, provide free technical assistance, counseling, and other assistance to small business concerns and entrepreneurs on a full-time basis for a period of 1 or 2 weeks. (2) Requirements.--The Administrator shall ensure that-- (A) not less than 50 percent of the students receiving a scholarship under subsection (a) are students at an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) where entrepreneurship opportunities are limited; (B) the activities carried out under agreements under paragraph (1) support a variety of small business concerns and entrepreneurial projects, including independent investigator-led projects, interdisciplinary projects, and multi-institutional projects (including virtual projects); and (C) each student receiving a scholarship under subsection (a) has a mentor to help the student relate the academic course of study of the student to the assistance to be provided under the agreement under paragraph (1). (3) Data collection.--A student receiving a scholarship under subsection (a) and a small business concern or entrepreneur receiving assistance under an agreement under paragraph (1) shall agree to provide to the Administrator information relating to the use and result of the assistance provided and employment status until the end of the 3-year period beginning on the expected graduation date of the student. (c) Failure To Comply With Agreement.--If a student receiving a scholarship under subsection (a) fails to comply with the agreement entered under subsection (b)(1), the amount of the scholarship received by the student shall, upon a determination of such a failure, be treated as a Federal Direct Unsubsidized Stafford Loan under part D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.), and shall be subject to repayment, together with interest thereon accruing from the date of the award, in accordance with terms and conditions specified by the Administrator (in consultation with the Secretary of Education) in regulations under this section. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Administrator $200,000 for each of fiscal years 2013 through 2015 to carry out this section. (e) Sunset.--The Administrator may not award a scholarship under this section after September 30, 2015. SEC. 5. REGIONAL ENTREPRENEURIAL COMPETITIONS. (a) In General.--The Administrator, acting through the Associate Administrator for Field Operations, shall establish a program to host regional competitions and a national conference to address regional challenges through entrepreneurial research and business planning. (b) Program Requirements.-- (1) Regional offices.--The regional administrator of each regional office of the Administration shall-- (A) identify a prominent public-private issue that challenges a broad range of individuals in the region; (B) sponsor a single regional competition among local small business concerns, inventors, and entrepreneurs under which persons or groups of persons submit research and business plans to address the issue identified under subparagraph (A); (C) provide outreach to universities, colleges, business communities, industry leaders and organizations, and nonprofit organizations to promote the competition and to request proposals for research and business plans; (D) in coordination with the Director of the Office of Entrepreneurship Education, select the 3 research or business plans that best address the issue identified under subparagraph (A); and (E) submit to the Administrator a report that contains the research or business plans selected under subparagraph (D). (2) Conference.-- (A) In general.--The Administrator, acting through the Associate Administrator for Field Operations, shall organize a single national conference for the presentation of the research and business plans selected under paragraph (1)(D) by the regional administrators. (B) Panel.-- (i) In general.--The Administrator shall designate 11 employees of the Administration to serve on a panel that shall select, from among the research and business plans presented at the conference, 1 plan from each region that best addresses the issue identified under paragraph (1)(A) for that region. (ii) Members.--The Administrator shall designate as a member of the panel under clause (i)-- (I) 1 employee of the principal office of the Administration; and (II) 1 employee from each of the regional offices of the Administration. (3) Grant.-- (A) In general.--The Administrator shall award a grant of $50,000 to each person or group of persons who submitted a plan selected under paragraph (2)(B). (B) Report.--Not later than 1 year after the date on which the Administrator awards a grant under subparagraph (A), the recipient of the grant shall submit to the Administrator a report on the use of the grant. (4) Authorization of appropriations.--There are authorized to be appropriated to the Administrator $750,000 to carry out this section. SEC. 6. STUDY ON ENTREPRENEURIAL DEFERMENT OF STUDENT LOANS. Not later than 180 days after the date of enactment of this Act, the Administrator, in consultation with the Secretary of Education, shall submit to Congress a report that includes detailed recommendations for legislation-- (1) establishing a program to forgive student loans in a manner that assists youth entrepreneurship by making available capital for business formation; and (2) establishing a program to defer student loan repayments in a manner that assists youth entrepreneurship by making available capital for business formation. | Today's Entrepreneurs are America's Mentors Act or TEAM Act - Amends the Small Business Act to establish in the Small Business Administration (SBA) an Office of Entrepreneurial Education, headed by a Director, to develop and provide innovative entrepreneurial information, education, and resources to promote prospective entrepreneurs and successful small businesses. Directs the SBA's Associate Administrator for Entrepreneurial Development to establish a program of grants to nonprofit organizations to provide technical assistance to primary and secondary schools for the development and implementation of curricula and mentoring programs designed to promote entrepreneurship. Requires the Director to submit to the congressional small business committees best practices of U.S. entrepreneurial education and training programs. Authorizes the SBA Administrator to award up to 100 scholarships per year to students pursuing a Masters of Business Administration degree. Requires each student, in return for such scholarship, to provide, on a full-time basis for one to two weeks, free technical assistance, counseling, and related assistance to small businesses and entrepreneurs. Directs the Administrator to establish a program to host regional competitions and a national conference to address regional challenges through entrepreneurial research and business planning. Requires the Administrator to recommend to Congress legislation for establishing programs to forgive or defer student loan payments in order to assist youth entrepreneurship by making capital available for business formation. |
SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Eliminate Colorectal Cancer Act of 1999''. (b) Findings.--The Congress finds the following: (1) Colorectal cancer is the second leading cause of cancer deaths in the United States for men and women combined. (2) It is estimated that in 1999, 129,400 new cases of colorectal cancer will be diagnosed in men and women in the United States. (3) Colorectal cancer is expected to kill 56,600 individuals in the United States in 1999. (4) Research has shown that a high-fiber, low-fat diet can significantly reduce the risk of developing colorectal cancer. (5) The adoption of a healthy diet at a young age can significantly reduce the risk of developing colorectal cancer. (6) Appropriate screenings and regular tests can save large numbers of lives by leading to earlier identification of colorectal cancer. (7) The Centers for Disease Control and Prevention, the Health Care Financing Administration, and the National Cancer Institute have initiated the Screen for Life Campaign targeted to individuals age 50 and older to spread the message of the importance of colorectal cancer screening tests. (8) Education helps to inform the public of symptoms for the early detection of colorectal cancer and methods of prevention. SEC. 2. COVERAGE FOR COLORECTAL CANCER SCREENING. (a) Group Health Plans.-- (1) Public health service act amendments.--(A) Subpart 2 of part A of title XXVII of the Public Health Service Act is amended by adding at the end the following new section: ``SEC. 2707. COVERAGE FOR COLORECTAL CANCER SCREENING. ``(a) Coverage for Colorectal Cancer Screening.-- ``(1) In general.--A group health plan, and a health insurance issuer offering group health insurance coverage, shall provide coverage for colorectal cancer screening at regular intervals to-- ``(A) any participant or beneficiary over the age of 50; and ``(B) any participant or beneficiary under the age of 50 who is at a high risk for colorectal cancer, or who may have symptoms or circumstances that indicate a need for colorectal cancer screening. ``(2) Definition of high risk.--For purposes of subsection (a)(1)(B), the term `high risk for colorectal cancer' has the meaning given such term in section 1861(pp)(2) of the Social Security Act (42 U.S.C. 1395x(pp)(2)). ``(3) Method of screening.--The group health plan or health insurance issuer shall cover the method and frequency of colorectal cancer screening deemed appropriate by a health care provider treating such participant or beneficiary, in consultation with the participant or beneficiary. Such coverage shall include the procedures in section 1861(pp)(1) of the Social Security Act (42 U.S.C. 1395x(pp)(1)) and section 4104(a)(2) of the Balanced Budget Act of 1997. ``(b) Notice.--A group health plan under this part shall comply with the notice requirement under section 714(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. ``(c) Non-Preemption of More Protective State Law With Respect to Health Insurance Issuers.--This section shall not be construed to supersede any provision of State law which establishes, implements, or continues in effect any standard or requirement solely relating to health insurance issuers in connection with group health insurance coverage that provides greater protections to participants and beneficiaries than the protections provided under this section.''. (B) Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)) is amended by striking ``section 2704'' and inserting ``sections 2704 and 2707''. (2) ERISA amendments.--(A) 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. 714. COVERAGE FOR COLORECTAL CANCER SCREENING. ``(a) Coverage for Colorectal Cancer Screening.-- ``(1) In general.--A group health plan, and a health insurance issuer offering group health insurance coverage, shall provide coverage for colorectal cancer screening at regular intervals to-- ``(A) any participant or beneficiary over the age of 50; and ``(B) any participant or beneficiary under the age of 50 who is at a high risk for colorectal cancer, or who may have symptoms or circumstances that indicate a need for colorectal cancer screening. ``(2) Definition of high risk.--For purposes of subsection (a)(1)(B), the term `high risk for colorectal cancer' has the meaning given such term in section 1861(pp)(2) of the Social Security Act (42 U.S.C. 1395x(pp)(2)). ``(3) Method of screening.--The group health plan or health insurance issuer shall cover the method and frequency of colorectal cancer screening deemed appropriate by a health care provider treating such participant or beneficiary, in consultation with the participant or beneficiary. Such coverage shall include the procedures in section 1861(pp)(1) of the Social Security Act (42 U.S.C. 1395x(pp)(1)) and section 4104(a)(2) of the Balanced Budget Act of 1997. ``(b) Notice Under Group Health Plan.--The imposition of the requirements of this section shall be treated as a material modification in the terms of the plan described in 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 third to last sentence of section 104(b)(1) with respect to such modification shall be provided by not later than 60 days after the first day of the first plan year in which such requirements apply.''. (B) Section 731(c) of such Act (29 U.S.C. 1191(c)) is amended by striking ``section 711'' and inserting ``sections 711 and 714''. (C) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is amended by striking ``section 711'' and inserting ``sections 711 and 714''. (D) The table of contents in section 1 of such Act is amended by inserting after the item relating to section 713 the following new item: ``Sec. 714. Coverage for colorectal cancer screening.''. (b) Individual Health Insurance.--(1) Part B of title XXVII of the Public Health Service Act is amended by inserting after section 2752 the following new section: ``SEC. 2753. COVERAGE FOR COLORECTAL CANCER SCREENING. ``(a) In General.--The provisions of section 2707(a) shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as it applies to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market. ``(b) Notice.--A health insurance issuer under this part shall comply with the notice requirement under section 714(b) of the Employee Retirement Income Security Act of 1974 with respect to the requirements referred to in subsection (a) as if such section applied to such issuer and such issuer were a group health plan.''. (c) Effective Dates.--(1)(A) Subject to subparagraph (B), the amendments made by subsection (a) shall apply with respect to group health plans for plan years beginning on or after January 1, 2001. (B) In the case of a group health plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified before the date of enactment of this Act, the amendments made by subsection (a) shall not apply to plan years beginning before the later of-- (i) the date on which the last collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of enactment of this Act), or (ii) January 1, 2001. For purposes of clause (i), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by subsection (a) shall not be treated as a termination of such collective bargaining agreement. (2) The amendments made by subsection (b) shall apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after January 1, 2001. (3) The amendment made by subsection (c) shall apply to contracts for contract periods beginning on or after January 1, 2001. (d) Coordinated Regulations.--The Secretary of Labor 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 both 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. SEC. 3. SENSE OF THE CONGRESS. It is the sense of the Congress that-- (1) all Americans should be educated about the risks, prevention, screening, and treatment of colorectal cancer; (2) the Centers for Disease Control and Prevention and the Department of Health and Human Services should be commended for launching a coordinated education campaign on colorectal cancer in March of 1999; and (3) the Centers for Disease Control and Prevention and the Department of Health and Human Services should track the impact of the coordinated education campaign on colorectal cancer and make information on its progress available to Members of Congress. | Directs the Secretaries of Labor and of Health and Human Services (HHS) to ensure coordination in the implementation and enforcement of this Act. Expresses the sense of Congress that: (1) all Americans should be educated about the risks, prevention, screening, and treatment of colorectal cancer; and (2) the Centers for Disease Control and Prevention and HHS should track the impact of their coordinated education campaign on colorectal cancer and make information on its progress available to Members of Congress. |
113 of the One Hundred Second Congress to commemorate the 25th anniversary of the reunification of Jerusalem, and reaffirming congressional sentiment that Jerusalem must remain an undivided city. (11) The September 13, 1993, Declaration of Principles on Interim Self-Government Arrangements lays out a timetable for the resolution of ``final status'' issues, including Jerusalem. (12) The Agreement on the Gaza Strip and the Jericho Area was signed May 4, 1994, beginning the five-year transitional period laid out in the Declaration of Principles. (13) In March of 1995, 93 members of the United States Senate signed a letter to Secretary of State Warren Christopher encouraging ``planning to begin now'' for relocation of the United States Embassy to the city of Jerusalem. (14) In June of 1993, 257 members of the United States House of Representatives signed a letter to the Secretary of State Warren Christopher stating that the relocation of the United States Embassy to Jerusalem ``should take place no later than . . . 1999''. (15) The United States maintains its embassy in the functioning capital of every country except in the case of our democratic friend and strategic ally, the State of Israel. (16) The United States conducts official meetings and other business in the city of Jerusalem in de facto recognition of its status as the capital of Israel. (17) In 1996, the State of Israel will celebrate the 3,000th anniversary of the Jewish presence in Jerusalem since King David's entry. SEC. 3. TIMETABLE. (a) Statement of the Policy of the United States.-- (1) Jerusalem should remain an undivided city in which the rights of every ethnic and religious group are protected; (2) Jerusalem should be recognized as the capital of the State of Israel; and (3) the United States Embassy in Israel should be established in Jerusalem no later than May 31, 1999. (b) Opening Determination.--Not more than 50 percent of the funds appropriated to the Department of State for fiscal year 1999 for ``Acquisition and Maintenance of Buildings Abroad'' may be obligated until the Secretary of State determines and reports to Congress that the United States Embassy in Jerusalem has officially opened. SEC. 4. FISCAL YEARS 1996 AND 1997 FUNDING. (a) Fiscal Year 1996.--Of the funds authorized to be appropriated for ``Acquisition and Maintenance of Buildings Abroad'' for the Department of State in fiscal year 1996, not less than $25,000,000 should be made available until expended only for construction and other costs associated with the establishment of the United States Embassy in Israel in the capital of Jerusalem. (b) Fiscal Year 1997.--Of the funds authorized to be appropriated for ``Acquisition and Maintenance of Buildings Abroad'' for the Department of State in fiscal year 1997, not less than $75,000,000 should be made available until expended only for construction and other costs associated with the establishment of the United States Embassy in Israel in the capital of Jerusalem. SEC. 5. REPORT ON IMPLEMENTATION. Not later than 30 days after the date of enactment of this Act, the Secretary of State shall submit a report to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate detailing the Department of State's plan to implement this Act. Such report shall include-- (1) estimated dates of completion for each phase of the establishment of the United States Embassy, including site identification, land acquisition, architectural, engineering and construction surveys, site preparation, and construction; and (2) an estimate of the funding necessary to implement this Act, including all costs associated with establishing the United States Embassy in Israel in the capital of Jerusalem. SEC. 6. SEMIANNUAL REPORTS. At the time of the submission of the President's fiscal year 1997 budget request, and every six months thereafter, the Secre tary of State shall report to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate on the progress made toward opening the United States Embassy in Jerusalem. SEC. 7. PRESIDENTIAL WAIVER. (a) Waiver Authority.--(1) Beginning on October 1, 1998, the President may suspend the limitation set forth in section 3(b) for a period of six months if he determines and reports to Congress in advance that such suspension is necessary to protect the national security interests of the United States. (2) The President may suspend such limitation for an additional six month period at the end of any period during which the suspension is in effect under this subsection if the President determines and reports to Congress in advance of the additional suspension that the additional suspension is necessary to protect the national security interests of the United States. (3) A report under paragraph (1) or (2) shall include-- (A) a statement of the interests affected by the limitation that the President seeks to suspend; and (B) a discussion of the manner in which the limitation affects the interests. (b) Applicability of Waiver to Availability of Funds.--If the President exercises the authority set forth in subsection (a) in a fiscal year, the limitation set forth in section 3(b) shall apply to funds appropriated in the following fiscal year for the purpose set forth in such section 3(b) except to the extent that the limitation is suspended in such following fiscal year by reason of the exercise of the authority in subsection (a). SEC. 8. DEFINITION. As used in this Act, the term ``United States Embassy'' means the offices of the United States diplomatic mission and the residence of the United States chief of mission. Speaker of the House of Representatives. Vice President of the United States and President of the Senate. | Jerusalem Embassy Act of 1995 - Declares it to be U.S. policy that: (1) Jerusalem remain an undivided city in which the rights of every ethnic religious group are protected; (2) Jerusalem be recognized as the capital of the State of Israel; and (3) the U.S. Embassy in Israel be established in Jerusalem no later than May 31, 1999. States that, subject to the President's waiver authority granted below, not more than 50 percent of the funds appropriated for FY 1999 to the Department of State for "Acquisition and Maintenance of Buildings Abroad" may be obligated in the fiscal year until the Secretary of State determines, and reports to the Congress, that the Embassy has opened. Makes specified amounts of such funds available until expended in FY 1996 and 1997 only for construction and other costs associated with relocating the U.S. Embassy Jerusalem. Requires the Secretary of State to report to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate on: (1) the Department of State's plan to implement this Act; and (2) progress made toward opening the U.S. Embassy in Jerusalem. Authorizes the President to suspend for six months (with possible subsequent six-month extensions) the 50 percent limitation on the obligation of funds with respect to the opening of the Embassy if he determines and reports to the Congress that a suspension is necessary to protect the national security interests of the United States. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Environmental Professionals Training and Certification Act of 1993''. SEC. 2. FINDINGS. The Congress finds: (1) Concern about the environment is growing and environmental issues now affect all aspects of American business and life. Americans now spend close to $70,000,000,000 annually on environmental-related expenditures. (2) Business and industry spend approximately $9,000,000,000 annually on various environmental consulting services, including $1,200,000,000 for Phase I Environmental Site Assessments. (3) There are currently a large number of environmental professionals performing Phase I Environmental Site Assessments who are not properly trained and who do not perform the assessments in a manner consistent with proper environmental standards and guidelines. Such assessments, therefore, pose a significant danger to the public health, safety, and welfare. (4) Many organizations issue environmental certifications without properly training or testing the candidates applying for certification. (5) The Federal Government does not presently have authority to regulate the quality of training and certification programs for environmental professionals and, with very few exceptions, the certification of environmental professionals. (6) Several organizations provide high quality training in the environmental sciences, and the Federal Government should support these efforts. (7) Federal oversight is needed to ensure that training and certification of environmental professionals meets certain minimum quality standards which ultimately will serve to protect the public interest. SEC. 3. ENVIRONMENTAL TRAINING AND CERTIFICATION. (a) Definitions.-- (1) The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) The terms ``Phase I Environmental Site Assessment'' and ``ESA'' mean the process by which a person or entity seeks to determine whether a particular parcel of real property is subject to Recognized Environmental Conditions. These conditions indicate the presence or likely presence of a Hazardous Substance or Petroleum Product on a property under conditions that indicate an existing release, a past release, or a material threat of a release into structures on the property or into the ground, ground water, or surface water of the property. (3) The term ``Board'' means the Environmental Certification Board'' established under subsection (b). (4) The term ``Certified Environmental Site Assessor'' means any person receiving certification to perform Phase I ESAs from an Approved Environmental Training and Certification Organization in accordance with this Act. (5) The term ``Approved Environmental Training and Certification Organization'' means any training and certification organization, public or private, whose curriculum, program, facilities, training, and testing methods have been approved by the Administrator as complying with standards established in accordance with this Act. (6) The term ``State'' means the 50 States plus the District of Columbia, Puerto Rico, Guam, American Samoa, and the United States Virgin Islands. (b) Establishment of a Program To Regulate Training and Certification of Environmental Site Assessors.--(1) Not later than 60 days after the date of the enactment of this Act, the Administrator shall establish a certification advisory board to be known as the ``Environmental Certification Board''. (2) The Board shall consist of a minimum of 6 members, appointed by the Administrator, with a demonstrated knowledge in the environmental field. The Board shall include representatives from the Environmental Protection Agency, environmental interest organizations, the chemical/ manufacturing industry, the environmental consulting service industry, the insurance industry, and the banking/investment industry. (3) All members of the Board shall serve on a voluntary basis, except those members from the Environmental Protection Agency. (4) The Board shall appoint one member to serve as Chairman who shall exercise the executive and administrative functions of the Board. (5) Not later than 12 months after the date of the enactment of this Act, the Board shall issue recommendations to the Administrator which shall include, but not be limited to, recommendations regarding the minimum standards to be established under subsection (c). (c) Minimum Standards.--Not later than 2 years after the date of the enactment of this Act, the Administrator shall issue regulations, based on the recommendations of the Environmental Certification Board, establishing minimum standards regulating environmental training and certification organizations for environmental professionals performing Phase I Environmental Site Assessments. The regulations shall include, but not be limited to, minimum standards relating to-- (1) formal environmental training; (2) continuing environmental education; (3) environmental certification and testing procedures; (4) revocation and disciplinary procedures; (5) establishment of a code of ethics; (6) consumer education; (7) certification renewal procedures; and (8) annual reporting of program activities. (d) Approval and Review of Environmental Training and Certification Organizations.--(1) The Administrator shall review the curriculum, program, facilities, training, and certification methods of each organization desiring to train and certify Phase I Environmental Site Assessors to determine if the curriculum, program, facilities, training, and certification methods are in compliance with the standards set forth in subsection (c). (2) If an organization's curriculum, program, facilities, training, and certification methods are in compliance with the minimum standards established under subsection (c), the Administrator shall issue a notice that such organization is an Approved Environmental Training and Certification Organization. This approval shall be valid for a term to be set by the Administrator, but no longer than 5 years. (e) Enforcement.--(1) No organization may issue a diploma, certification, or any other form of degree signifying that the recipient is a Certified Environmental Site Assessor, or qualified to perform a Phase I Environmental Site Assessment unless that organization has received approval from the Administrator under subsection (d). (2) The Administrator shall have the power to enjoin any organization found to be in violation of paragraph (1). Any organization found to be in violation of paragraph (1) shall be liable for civil penalties up to $5,000 per violation. Any person, corporation, or partnership found to be in violation of paragraph (1) shall be liable for civil penalties up to $1,000 per violation. (3) The Administrator may periodically, or upon expiration of approval, review the program, curriculum, facilities, and training methods of any Approved Environmental Training and Certification Organization. If at any time the Administrator finds such organization is no longer in compliance with the standards under subsection (c), the Administrator shall place the organization on probation for a period of 1 year. If, after the 1-year probationary period, the organization is still not conforming with the standards, the Administrator shall revoke its approval of certification. (4) Nothing in this Act shall be construed to preempt any State from issuing additional or more stringent guidelines and regulations regarding the training of environmental professionals. SEC. 4. AUTHORIZATION. There are authorized to be appropriated to the Administrator such sums as necessary to carry out the purposes of this Act. | Environmental Professionals Training and Certification Act of 1993 - Directs the Administrator of the Environmental Protection Agency to: (1) establish an Environmental Certification Board; and (2) issue regulations, based on the Board's recommendations, that establish minimum standards regulating environmental training and certification organizations for environmental professionals performing Phase I Environmental Site Assessments. Defines a "Phase I Environmental Site Assessment" as a process by which a person determines whether a parcel of real property is subject to recognized environmental conditions which indicate the likely presence of a hazardous substance or petroleum product and the likely release into the ground, groundwater, or surface water. Provides for approval of an organization if it meets minimum standards for curriculum, program, facilities, training, and certification methods. Makes such approval valid for up to five years. Bars unapproved organizations from issuing degrees signifying that a recipient is a certified environmental site assessor or qualified to perform a Phase I Environmental Site Assessment. Prescribes civil penalties for such violation. Authorizes appropriations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Regulatory Fair Warning Act''. SEC. 2. AFFIRMATIVE DEFENSE AGAINST IMPOSITION OF FINES OR OTHER PENALTIES BY AGENCIES. Section 558 of title 5, United States Code, is amended by adding at the end the following new subsection: ``(d)(1) No fine or other penalty shall be imposed on a person by an agency for a violation of a rule if the agency finds that-- ``(A) the rule, other general statements of policy, and related guidances, policies, and other public statements-- ``(i) published in the Federal Register by the agency, or ``(ii) as to which such person had actual notice, failed to give such person fair warning of the conduct that the rule prohibits or requires; or ``(B) such person committed the violation in reasonable reliance upon a written statement by a Federal or State official, with real or apparent authority to interpret such rule, made after disclosure by such person of all material facts that such person was in compliance with, exempt from, or otherwise not subject to, the requirements of the rule. ``(2) In an action brought to impose a fine or other penalty on a person for an alleged violation of a rule, an agency shall not give deference to any interpretation of such rule relied on by the agency that was not published in the Federal Register or was not otherwise available to such person prior to the alleged violation. ``(3) For purposes of this subsection, a person shall be considered to have received fair warning of the conduct that a rule of an agency prohibits or requires-- ``(A) if a person, acting reasonably and in good faith, would be able to identify, with ascertainable certainty, the standards with which such agency expects such person's conduct to conform, or ``(B) when a person first received notice of the initiation of a proceeding against such person for violation of such rule by the agency which issued such rule. ``(4) The defenses authorized by this subsection shall not apply with respect to a violation of a rule which is a health or safety related rule which has been issued on an emergency basis.''. SEC. 3. AFFIRMATIVE DEFENSE AGAINST IMPOSITION OF FINES OR OTHER PENALTIES BY COURTS. (a) In General.--Chapter 111 of title 28, United States Code, is amended by adding at the end the following new section: ``Sec. 1660. Affirmative defense against fines or other penalties for violations of agency rules ``(a) No civil or criminal fine or other penalty shall be imposed on a person by a court for a violation of a rule and no fine or other penalty imposed by an agency for a violation of a rule shall be approved by a court if the court finds that-- ``(1) the rule, other general statements of policy, and related guidances, policies, and other public statements-- ``(A) published in the Federal Register by the agency which promulgated such rule, or ``(B) as to which such person had actual notice, failed to give such person fair warning of the conduct that the rule prohibits or requires; or ``(2) such person committed the violation in reasonable reliance upon a written statement by a Federal or State official, with real or apparent authority to interpret such rule, made after disclosure by such person of all material facts, that such person was in compliance with, exempt from, or otherwise not subject to, the requirements of the rule. ``(b) In an action brought to impose a civil or criminal fine or other penalty on a person for an alleged violation of a rule, the court shall not give deference to any interpretation of such rule relied on by the agency that promulgated the rule that was not published in the Federal Register or was not otherwise available to such person prior to the alleged violation. ``(c) For purposes of this section, a person shall be considered to have received fair warning of the conduct that a rule of an agency prohibits or requires-- ``(1) if a person, acting reasonably and in good faith, would be able to identify, with ascertainable certainty, the standards with which such agency expects such person's conduct to conform, or ``(2) when a person first received notice of the initiation of a proceeding against such person for violation of such rule by the agency which issued such rule. ``(d) The defenses authorized by this section shall not apply with respect to a violation of a rule which is a health or safety related rule which has been issued on an emergency basis.''. (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. Affirmative defense against fines or other penalties for violations of agency rules.''. Amend the title so as to read: ``A bill to amend title 5, United States Code, to provide an affirmative defense against fines or other penalties imposed by agencies and for other purposes.''. | Regulatory Fair Warning Act - Amends Federal government operations law and the Federal judicial code to prohibit agencies and courts from imposing civil or criminal fines or other penalties for rule violations: (1) if the agency rule and policy statements published in the Federal Register, or as to which a person had actual notice, failed to give such person fair warning of the conduct that the rule prohibits or requires; or (2) committed in reasonable reliance upon a written statement by a Federal or State official, with real or apparent authority to interpret such rule, made after disclosure by the person of all material facts that the person was in compliance with, exempt from, or otherwise not subject to the rule requirements. Prohibits the agency or court, in an action brought to impose a fine or other penalty for an alleged rule violation, from giving deference to any interpretation of such rule relied upon by the agency that was not published in the Federal Register or was not available to the person before the alleged violation. Provides that a person shall be considered to have received fair warning of the conduct that a rule of an agency prohibits or requires: (1) if the person, acting reasonably and in good faith, would be able to identify, with ascertainable certainty, the standards with which such agency expects such person's conduct to conform; or (2) when a person first received notice of the initiation of a proceeding against such person for violation of such rule by the agency which issued the rule. Denies the defenses established by this Act with respect to any violations of health or safety related rules issued on an emergency basis. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Overdose Prevention and Patient Safety Act''. SEC. 2. CONFIDENTIALITY AND DISCLOSURE OF RECORDS RELATING TO SUBSTANCE USE DISORDER. (a) Conforming Changes Relating to Substance Use Disorder.-- Subsections (a) and (h) of section 543 of the Public Health Service Act (42 U.S.C. 290dd-2) are each amended by striking ``substance abuse'' and inserting ``substance use disorder''. (b) Disclosures to Covered Entities Consistent With HIPAA.-- Paragraph (2) of section 543(b) of the Public Health Service Act (42 U.S.C. 290dd-2(b)) is amended by adding at the end the following: ``(D) To a covered entity or to a program or activity described in subsection (a), for the purposes of treatment, payment, and health care operations, so long as such disclosure is made in accordance with HIPAA privacy regulation. Any redisclosure of information so disclosed may only be made in accordance with this section.''. (c) Disclosures of De-identified Health Information to Public Health Authorities.--Paragraph (2) of section 543(b) of the Public Health Service Act (42 U.S.C. 290dd-2(b)), as amended by subsection (b), is further amended by adding at the end the following: ``(E) To a public health authority, so long as such content meets the standards established in section 164.514(b) of title 45, Code of Federal Regulations (or successor regulations) for creating de-identified information.''. (d) Definitions.--Subsection (b) of section 543 of the Public Health Service Act (42 U.S.C. 290dd-2) is amended by adding at the end the following: ``(3) Definitions.--For purposes of this subsection: ``(A) Covered entity.--The term `covered entity' has the meaning given such term for purposes of HIPAA privacy regulation. ``(B) Health care operations.--The term `health care operations' has the meaning given such term for purposes of HIPAA privacy regulation. ``(C) HIPAA privacy regulation.--The term `HIPAA privacy regulation' has the meaning given such term under section 1180(b)(3) of the Social Security Act. ``(D) Individually identifiable health information.--The term `individually identifiable health information' has the meaning given such term for purposes of HIPAA privacy regulation. ``(E) Payment.--The term `payment' has the meaning given such term for purposes of HIPAA privacy regulation. ``(F) Public health authority.--The term `public health authority' has the meaning given such term for purposes of HIPAA privacy regulation. ``(G) Treatment.--The term `treatment' has the meaning given such term for purposes of HIPAA privacy regulation.''. (e) Use of Records in Criminal, Civil, or Administrative Investigations, Actions, or Proceedings.--Subsection (c) of section 543 of the Public Health Service Act (42 U.S.C. 290dd-2) is amended to read as follows: ``(c) Use of Records in Criminal, Civil, or Administrative Contexts.--Except as otherwise authorized by a court order under subsection (b)(2)(C) or by the consent of the patient, a record referred to in subsection (a) may not-- ``(1) be entered into evidence in any criminal prosecution or civil action before a Federal or State court; ``(2) form part of the record for decision or otherwise be taken into account in any proceeding before a Federal agency; ``(3) be used by any Federal, State, or local agency for a law enforcement purpose or to conduct any law enforcement investigation of a patient; or ``(4) be used in any application for a warrant.''. (f) Penalties.--Subsection (f) of section 543 of the Public Health Service Act (42 U.S.C. 290dd-2) is amended to read as follows: ``(f) Penalties.--The provisions of sections 1176 and 1177 of the Social Security Act shall apply to a violation of this section to the extent and in the same manner as such provisions apply to a violation of part C of title XI of such Act. In applying the previous sentence-- ``(1) the reference to `this subsection' in subsection (a)(2) of such section 1176 shall be treated as a reference to `this subsection (including as applied pursuant to section 543(f) of the Public Health Service Act)'; and ``(2) in subsection (b) of such section 1176-- ``(A) each reference to `a penalty imposed under subsection (a)' shall be treated as a reference to `a penalty imposed under subsection (a) (including as applied pursuant to section 543(f) of the Public Health Service Act)'; and ``(B) each reference to `no damages obtained under subsection (d)' shall be treated as a reference to `no damages obtained under subsection (d) (including as applied pursuant to section 543(f) of the Public Health Service Act)'.''. (g) Antidiscrimination.--Section 543 of the Public Health Service Act (42 U.S.C. 290dd-2) is amended by adding at the end the following: ``(i) Antidiscrimination.-- ``(1) In general.--No entity shall discriminate against an individual on the basis of information received by such entity pursuant to a disclosure made under subsection (b) in-- ``(A) admission or treatment for health care; ``(B) hiring or terms of employment; ``(C) the sale or rental of housing; or ``(D) access to Federal, State, or local courts. ``(2) Recipients of federal funds.--No recipient of Federal funds shall discriminate against an individual on the basis of information received by such recipient pursuant to a disclosure made under subsection (b) in affording access to the services provided with such funds.''. (h) Notification in Case of Breach.--Section 543 of the Public Health Service Act (42 U.S.C. 290dd-2), as amended by subsection (g), is further amended by adding at the end the following: ``(j) Notification in Case of Breach.-- ``(1) Application of hitech notification of breach provisions.--The provisions of section 13402 of the HITECH Act (42 U.S.C. 17932) shall apply to a program or activity described in subsection (a), in case of a breach of records described in subsection (a), to the same extent and in the same manner as such provisions apply to a covered entity in the case of a breach of unsecured protected health information. ``(2) Definitions.--In this subsection, the terms `covered entity' and `unsecured protected health information' have the meanings given to such terms for purposes of such section 13402.''. (i) Sense of Congress.--It is the sense of the Congress that any person treating a patient through a program or activity with respect to which the confidentiality requirements of section 543 of the Public Health Service Act (42 U.S.C. 290dd-2) apply should access the applicable State-based prescription drug monitoring program as a precaution against substance use disorder. (j) Regulations.-- (1) In general.--The Secretary of Health and Human Services, in consultation with appropriate Federal agencies, shall make such revisions to regulations as may be necessary for implementing and enforcing the amendments made by this section, such that such amendments shall apply with respect to uses and disclosures of information occurring on or after the date that is 12 months after the date of enactment of this Act. (2) Easily understandable notice of privacy practices.--Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services, in consultation with appropriate experts, shall update section 164.520 of title 45, Code of Federal Regulations, so that covered entities provide notice, written in plain language, of privacy practices regarding patient records referred to in section 543(a) of the Public Health Service Act (42 U.S.C. 290dd-2(a)), including-- (A) a statement of the patient's rights, including self-pay patients, with respect to protected health information and a brief description of how the individual may exercise these rights (as required by paragraph (b)(1)(iv) of such section 164.520); and (B) a description of each purpose for which the covered entity is permitted or required to use or disclose protected health information without the patient's written authorization (as required by paragraph (b)(2) of such section 164.520). (k) Development and Dissemination of Model Training Programs for Substance Use Disorder Patient Records.-- (1) Initial programs and materials.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services (referred to in this subsection as the ``Secretary''), in consultation with appropriate experts, shall identify the following model programs and materials (or if no such programs or materials exist, recognize private or public entities to develop and disseminate such programs and materials): (A) Model programs and materials for training health care providers (including physicians, emergency medical personnel, psychiatrists, psychologists, counselors, therapists, nurse practitioners, physician assistants, behavioral health facilities and clinics, care managers, and hospitals, including individuals such as general counsels or regulatory compliance staff who are responsible for establishing provider privacy policies) concerning the permitted uses and disclosures, consistent with the standards and regulations governing the privacy and security of substance use disorder patient records promulgated by the Secretary under section 543 of the Public Health Service Act (42 U.S.C. 290dd-2), as amended by this section, for the confidentiality of patient records. (B) Model programs and materials for training patients and their families regarding their rights to protect and obtain information under the standards and regulations described in subparagraph (A). (2) Requirements.--The model programs and materials described in subparagraphs (A) and (B) of paragraph (1) shall address circumstances under which disclosure of substance use disorder patient records is needed to-- (A) facilitate communication between substance use disorder treatment providers and other health care providers to promote and provide the best possible integrated care; (B) avoid inappropriate prescribing that can lead to dangerous drug interactions, overdose, or relapse; and (C) notify and involve families and caregivers when individuals experience an overdose. (3) Periodic updates.--The Secretary shall-- (A) periodically review and update the model programs and materials identified or developed under paragraph (1); and (B) disseminate such updated programs and materials to the individuals described in paragraph (1)(A). (4) Input of certain entities.--In identifying, reviewing, or updating the model programs and materials under this subsection, the Secretary shall solicit the input of relevant stakeholders. (l) Rules of Construction.--Nothing in this Act or the amendments made by this Act shall be construed to limit-- (1) a patient's right, as described in section 164.522 of title 45, Code of Federal Regulations, or any successor regulation, to request a restriction on the use or disclosure of a record referred to in section 543(a) of the Public Health Service Act (42 U.S.C. 290dd-2(a)) for purposes of treatment, payment, or health care operations; or (2) a covered entity's choice, as described in section 164.506 of title 45, Code of Federal Regulations, or any successor regulation, to obtain the consent of the individual to use or disclose a record referred to in such section 543(a) to carry out treatment, payment, or health care operation. (m) Sense of Congress.--It is the sense of the Congress that-- (1) patients have the right to request a restriction on the use or disclosure of a record referred to in section 543(a) of the Public Health Service Act (42 U.S.C. 290dd-2(a)) for treatment, payment, or health care operations; and (2) covered entities should make every reasonable effort to the extent feasible to comply with a patient's request for a restriction regarding such use or disclosure. Passed the House of Representatives June 20, 2018. Attest: KAREN L. HAAS, Clerk. | Overdose Prevention and Patient Safety Act This bill amends the Public Health Service Act to align federal privacy standards for substance use disorder (SUD) patient records more closely with standards under the Health Insurance Portability and Accountability Act (HIPAA). Specifically, the bill authorizes the disclosure of SUD patient records without a patient's written consent to: (1) a covered entity for the purposes of treatment, payment, and health care operations, as long as the disclosure is made in accordance with HIPAA; and (2) a public health authority, as long as the content of the disclosure meets HIPAA standards regarding de-identified information. Current law authorizes disclosure of SUD patient records without a patient's written consent only to medical personnel in a medical emergency, to specified personnel for research or program evaluations, or pursuant to a court order. The bill also repeals and replaces criminal penalties for certain violations involving SUD patient records with the HIPAA civil penalty structure. It also applies HIPAA criminal penalties to wrongful disclosures of SUD patient records. In addition, the bill expands the current prohibition against using SUD patient records in criminal proceedings to include any use in specified federal, state, and local criminal and civil actions. The bill prohibits certain discrimination based on the release of SUD information under this bill. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Hurricane Katrina Bankruptcy Relief and Community Protection Act of 2005''. SEC. 2. DEFINITIONS; WHO MAY BE A DEBTOR. (a) Current Monthly Income.--Section 101(10A)(B) is amended-- (1) by striking ``and payments'' and inserting ``payments'', and (2) by inserting before the period at the end ``, and payments to victims of a natural disaster on account of their status as victims of a natural disaster''. (b) Natural Disaster; Natural Disaster Zone.--Section 101 of title 11, United States Code, is amended-- (1) by redesignating paragraphs (40A) and (40B) as paragraphs (40C) and (40D), respectively, and (2) by inserting after paragraph (40) the following: ``(40A) The term `natural disaster' means-- ``(A) a major disaster, as defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act; or ``(B) a situation similar to such a major disaster (as so defined), with respect to which a determination is made in accordance with State law that such situation exists. ``(40B) The term `natural disaster zone' means the geographical area included in the determination of a natural disaster.''. (c) Victim of Natural Disaster.--Section 101 of title 11, United States Code, is amended by adding at the end the following: ``(56) The term `victim of a natural disaster' means a person-- ``(A) whose financial condition is materially adversely affected by a natural disaster; and ``(B) whose domicile, residence, or principal place of business in the United States, or whose principal assets in the United States, are located in a natural disaster zone immediately preceding the event that caused the natural disaster exists.''. (d) Who May Be a Debtor.--Section 109(h)(4) of title 11, United States Code, is amended by inserting ``natural disaster,'' after ``disability,''. SEC. 3. AMENDMENT TO CHAPTER 3. Section 362(b)(22) of title 11, United States Code, is amended by inserting ``(excluding a debtor who is victim of a natural disaster)'' after ``debtor'' the 1st place it appears. SEC. 4. AMENDMENTS TO CHAPTER 5. Section 521 of title 11, United States Code, is amended by adding at the end the following: ``(k) The Court may extend any time period specified in this section as may be necessary if-- ``(1) the debtor is a victim of a natural disaster; and ``(2) the debtor's status as a victim of a natural disaster necessitates such extension of time.''. SEC. 5. AMENDMENTS TO CHAPTER 7. (a) Debtor's Monthly Expenses.--Section 707(b)(2)(A)(ii) of title 11, United States Code, is amended by adding at the end the following: ``(IV) In addition, the debtor's monthly expenses may include the actual reasonably necessary expenses incurred as a result of being a victim of a natural disaster.''. (b) Limitation on Conversion of Case.--Section 707(b)(2) of title 11, United States Code, is amended by adding at the end the following: ``(E) Subparagraphs (A), (B), and (C) shall not apply, and the court may not dismiss or convert a case under section 707(b), if the debtor is a victim of a natural disaster.''. SEC. 6. AMENDMENTS TO CHAPTER 11. (a) Conversion of Case.--Section 1112(b) of title 11, United States Code is amended-- (1) in paragraph (2)(B)(i) by inserting ``, including a natural disaster'' before the semicolon, and (2) in paragraph (3) by inserting ``(including a natural disaster)'' after ``circumstances''. (b) Who May File a Plan.--Section 1121(e)(3) of title 11, United States Code, is amended-- (1) in subparagraph (A) by inserting ``(i)'' after ``(A)'', (2) in subparagraph (C) by striking the period at the end and inserting ``; or'', (3) by redesignating subparagraphs (B) and (C) as clauses (ii) and (iii), respectively, and (4) by adding at the end the following: ``(B) the debtor is unable to meet the deadline because of a natural disaster.''. (c) Extension of Time for Small Businesses.--Chapter 11 of title 11, United States Code, is amended-- (1) in the table of sections by adding at the end the following: ``1117. Extension of time for small businesses.'', and (2) in subchapter I by adding at the end the following: ``Sec. 1117. Extension of time for small businesses ``Notwithstanding any other provision of this title, in a small business case the court may extend any deadline specified in this chapter if the court finds that such extension is-- ``(1) necessary to protect the best interests of the creditors and the estate; or ``(2) warranted by a natural disaster.''. SEC. 7. AMENDMENTS TO CHAPTER 13. (a) Conversion or Dismissal.--Section 1307(e) of title 11, United States Code, is amended by adding at the end the following: ``The Court may extend any time period specified in this subsection as may be necessary if-- ``(1) the debtor is a victim of a natural disaster; and ``(2) the debtor's status as a victim of a natural disaster necessitates such extension of time.''. (b) Filing of Prepetition Tax Returns.--Section 1308 of title 11, United States Code, is amended by adding at the end the following: ``(d) The Court may extend any time period specified in this subsection as may be necessary if-- ``(1) the debtor is a victim of a natural disaster; and ``(2) the debtor's status as a victim of a natural disaster necessitates such extension of time.''. SEC. 8. AMENDMENT TO TITLE 28 OF THE UNITED STATES CODE. Section 1408 of title 28, United States Code, is amended-- (1) by inserting ``(a)'' before ``Except'', and (2) by adding at the end the following: ``(b) If a case under title 11 cannot be commenced in a district court described in subsection (a) because a person is the victim of a natural disaster (as defined in section 101 of title 11), then a case under title 11 may be commenced by such person in the district court for the district in which such person resides.''. SEC. 9. EFFECTIVE DATE; APPLICATION OF AMENDMENTS. (a) Effective Date.--This Act and the amendments made by this Act shall take effect on October 18, 2005. (b) Application of Amendments.--The amendments made by this Act shall apply only with respect to cases commenced under title 11 of the United States Code on and after October 17, 2005. | Hurricane Katrina Bankruptcy Relief and Community Protection Act of 2005 - Amends federal bankruptcy law governing cases commenced as of October 17, 2005 (the effective date of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005). Excludes from the accounting of current monthly incomepayments to victims of a natural disaster on account of their status as victims of a natural disaster. Defines victim of a natural disaster as one: (1) whose financial condition is materially adversely affected by a natural disaster; and (2) whose domicile, residence, or principal place of business (including principal assets) in the United States is located in a natural disaster zone immediately preceding the event that caused the natural disaster. Permits debtor status for a debtor unable to complete credit counseling because of a natural disaster. Retains automatic stay protections for a debtor who is a victim of a natural disaster. Modifies requirements governing the statutory deadline for completion of debtor's duties. Authorizes the court to extend any such time period if: (1) the debtor is a victim of a natural disaster; and (2) the debtor's status as a victim of a natural disaster necessitates such extension of time. Includes within the permissible monthly expenses of a chapter 7 debtor the actual reasonably necessary expenses incurred as a result of being a victim of a natural disaster. Modifies requirements governing conversion or dismissal of either a Chapter 7 case, a Chapter 11 Reorganization case, or Chapter 13 case if the debtor is a victim of a natural disaster. Authorizes the court to grant an extension of time for filing small business bankruptcy documentation if the debtor is unable to meet the deadline because of a natural disaster. |
SECTION 1. REFERENCE. Whenever in this Act a section or other provision is amended or repealed, such amendment or repeal shall be considered to be made to that section or other provision of title 5, United States Code. SEC. 2. EQUAL TREATMENT OF MEMBERS OF CONGRESS WITH FEDERAL EMPLOYEES GENERALLY UNDER CSRS. (a) Creditable Service.--Section 8332 is amended by striking out subsections (d) and (h). (b) Deductions, Contributions, and Deposits.--Section 8334 is amended-- (1) in paragraph (1), by amending the first sentence to read as follows: ``The employing agency shall deduct and withhold 7 percent of the basic pay of a employee or Member, 7\1/2\ percent of the basic pay of a law enforcement officer and a firefighter, and 8 percent of the basic pay of a Claims Court judge, a United States magistrate, a judge of the United States Court of Military Appeals, and a bankruptcy judge.''; and (2) in the table contained in subsection (c), by amending the items relating to Member or employee for congressional employee service and Member for Member service to read as follows: Member or employee for August 1, 1920, to June 30, 1926. congressional employee service..... 2\1/2\...... 3\1/2\...... July 1, 1926, to June 30, 1942. 5........... July 1, 1942, to June 30, 1948. 6........... July 1, 1948, to October 31, 1956. 6\1/2\...... November 1, 1956, to December 31, 1969. 7\1/2\...... December 31, 1969, to December 31, 1994. 7........... After December 31, 1994. Member for Member 2\1/2\...... August 1, 1920, to June 30, 1926. service. 3\1/2\...... July 1, 1926, to June 30, 1942. 5........... July 1, 1942, to August 1, 1946. 6........... August 2, 1946, to October 31, 1956. 7\1/2\...... November 1, 1956, to December 31, 1969. 8........... December 31, 1969, to December 31, 1994. 7........... After December 31, 1994. (c) Immediate Retirement.--Section 8336 is amended-- (1) by striking out subsection (g); and (2) in subsections (a), (b), and (f), by inserting ``or Member'' after ``employee'' each place it occurs. (d) Deferred Retirement.--Section 8338 is amended by striking out subsection (b). (e) Computation of Annuity.--Section 8339 is amended-- (1) by striking out subsections (b) and (c); (2) in subsection (f), by striking out ``of--'' and all that follows through the end thereof and inserting in lieu thereof ``of the average pay of the employee or Member.''; (3) in subsection (h), by striking out the second sentence; and (4) in subsection (j)-- (A) by striking out paragraph (2); and (B) in paragraph (4), by striking out ``(f), and (h)'' and inserting in lieu thereof ``and (f)''. (f) Survivor Annuity.--Section 8341 is amended by striking out subsection (f). (g) Annuities and Pay on Reemployment.--Section 8344 is amended-- (1) in subsection (a)-- (A) by inserting ``or'' at the end of paragraph (2); (B) by striking out ``or'' at the end of paragraph (3); (C) by striking out paragraph (4); and (D) by inserting ``or Member'' after ``employee''; (2) in subsection (b), by striking out ``, other than a Member receiving an annuity from the fund,''; (3) in subsection (c), by striking out ``, other than a Member receiving an annuity from the fund,''; and (4) by striking out subsection (d). SEC. 3. EQUAL TREATMENT OF MEMBERS OF CONGRESS WITH FEDERAL EMPLOYEES GENERALLY UNDER FERS. (a) Immediate Retirement.--Section 8412 is amended by striking out subsection (f). (b) Computation of Basic Annuity.--Section 8415 is amended-- (1) in subsections (a) and (e), by inserting ``or Member'' after ``employee'' each place it occurs; (2) by striking out subsections (b) and (c); (3) in subsection (f)(2)(A), by striking out ``(e)(2), or (f)(2),'' and inserting in lieu thereof ``(e)(2),''; and (4) in the matter after subparagraph (B) in subsection (g)(2), by striking out ``Congressional employee,''. (c) Annuity Supplement.--Section 8421(a)(2) is amended by striking out ``section 8412(f), or under''. (d) Deductions From Pay; Contributions for Military Service.-- Section 8422 is amended-- (1) in subsection (a)(2)(A)-- (A) by inserting ``or Member'' after ``employee''; and (B) by striking out ``, or Congressional employee''; and (2) in subsection (a)(2)(B), by striking out ``Member'' and ``or Congressional employee,''. (e) Government Contributions.--Section 8423(a)(1) is amended-- (1) in subparagraph (A)(i), by inserting ``or Members'' after ``employees'' the first place it appears; and (2) in subparagraph (B)-- (A) by striking out ``Members, Congressional employees,'' in clause (i); and (B) by striking out ``and Members'' in clause (ii). SEC. 4. EFFECTIVE DATE. (a) In General.--This Act shall take effect on January 1, 1995. (b) Application to Periods of Service Before and After Effective Date.-- (1) Service after december 31, 1994.--The amendments made by this Act shall apply with respect to an individual serving as a Member of Congress or a congressional employee after December 31, 1994. (2) Service before january 1, 1995.--The portion of any annuity under chapter 83 or chapter 84, as the case may be, of title 5, United States Code, relating to a period of service of an individual serving as a Member of Congress or a congressional employee that occurs before January 1, 1995, shall be determined under either such chapter as such chapters were in effect on December 31, 1994. (3) Election to treat service under reformed system.--A Member of Congress or a congressional employee may make an irrevocable election to treat service creditable under chapter 83 or chapter 84, as applicable, of title 5, United States Code, before January 1, 1995, as service under the applicable chapter as if the amendments made by this Act were in effect during such creditable service. (4) Member of congress and congressional employee defined.--For the purposes of this section, the terms ``Member of Congress'' and ``congressional employee'' have the meaning given such terms in sections 2106 and 2107 of title 5, United States Code, respectively. | Amends Federal civil service retirement provisions to remove specified provisions regarding creditable service for Members of Congress. Provides for the deduction and withholding of seven (currently, eight) percent of the basic pay of a Member of Congress, thus making such deduction and withholding equivalent to that of a Federal employee. Removes provisions regarding eligibility for annuities for Members of Congress and makes annuity eligibility requirements for Federal employees applicable to Members. Repeals provisions regarding: (1) deferred retirement with respect to Members; and (2) the computation of annuities for congressional employees and Members. Prohibits such annuities from exceeding 80 percent of the average pay of an employee or Member (thus, making the computation of a Member's annuity conform to that of a Federal employee). Removes provisions regarding survivor annuities, annuities and pay on reemployment, and immediate retirement with respect to Members. Makes the computation of a basic annuity, deductions from pay, and Government contributions for Members conform to requirements for Federal employees. Applies this Act to congressional employees as well. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Mark O. Hatfield Scholarship and Excellence in Tribal Governance Act of 2008''. SEC. 2. FINDINGS. Congress finds that-- (1) Senator Mark O. Hatfield served the United States with distinction and honor; (2) Senator Hatfield has had a lasting impact on the relationship between the United States and Native Americans, restoring to Federal recognition the Grand Ronde, Coquille, Cow Creek Band of Umpqua Indians, Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians, and Confederated Tribes of Siletz Indians; (3) Senator Hatfield has been a champion of the rights of Native Americans and Alaska Natives and worked in Congress to strengthen tribal self-governance; and (4) it is a fitting tribute to the leadership, courage, and bipartisan spirit that Senator Mark O. Hatfield exemplifies to establish in his name programs to encourage excellence in tribal government. SEC. 3. DEFINITIONS. In this Act: (1) Board.--The term ``Board'' means the Board of Trustees of the Foundation. (2) Eligible individual.--The term ``eligible individual'' means a citizen or national of the United States or a permanent resident alien of the United States. (3) Foundation.--The term ``Foundation'' means the Mark O. Hatfield Scholarship and Excellence in Tribal Governance Foundation established by section 4(a). (4) Institute.--The term ``Institute'' means the Institute for Tribal Government at Portland State University. (5) Institute policy board.--The term ``Institute Policy Board'' means the Institute Policy Board for the Institute for Tribal Government at Portland State University. (6) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (7) State.--The term ``State'' means-- (A) a State; (B) the District of Columbia; (C) American Samoa; (D) the Commonwealth of the Northern Mariana Islands; (E) Guam; (F) the Republic of the Marshall Islands; (G) the Federal States of Micronesia; (H) the Republic of Palau; (I) the Commonwealth of Puerto Rico; and (J) the United States Virgin Islands. SEC. 4. ESTABLISHMENT OF THE MARK O. HATFIELD SCHOLARSHIP AND EXCELLENCE IN TRIBAL GOVERNANCE FOUNDATION. (a) Establishment.--There is established as an independent entity in the Executive branch the Mark O. Hatfield Scholarship and Excellence in Tribal Governance Foundation. (b) Board of Trustees.-- (1) In general.--The Foundation shall be subject to the supervision and direction of a Board of Trustees. (2) Membership.--The Board shall consist of the Institute Policy Board. (c) Location of Foundation.--The Foundation shall be located in Portland, Oregon. (d) Executive Director.-- (1) In general.--There shall be an Executive Director of the Foundation, who shall be appointed by the Board. (2) Duties.--The Executive Director-- (A) shall be the chief executive officer of the Foundation; and (B) shall carry out the functions of the Foundation, subject to the supervision and direction of the Board, and such other functions consistent with this Act as the Board shall prescribe. (3) Compensation.--The Executive Director may be compensated at the rate specified for an employee in level IV of the Executive Schedule under section 5315 of title 5, United States Code. SEC. 5. PURPOSES. The purposes of the Foundation shall be-- (1) to develop resources to properly train Native American and Alaska Native tribal council members in self-government and related fields; (2) to foster among people in the United States greater recognition and understanding of the role of tribal self- government in the development of the United States; (3) to identify critical issues facing tribal governments; (4) to establish a program for tribal governance research at the Institute; and (5) to provide educational outreach regarding tribal self- government. SEC. 6. AUTHORITY OF THE FOUNDATION. (a) In General.--The Foundation, in consultation with the Institute, may identify and conduct such programs, activities, and services as the Foundation considers appropriate to carry out the purposes of the Foundation. (b) Programs, Activities, and Services.--The Foundation may, in accordance with this section-- (1) award scholarships, fellowships, internships, and grants; and (2) provide grants to the Institute to carry out and manage other programs, activities, and services. (c) National Competition.--The Foundation may provide, directly or by contract, for the conduct of a national competition for the purpose of selecting recipients of scholarships, fellowships, internships, and grants awarded under this Act. (d) Award of Scholarships, Fellowships, Internships, and Grants.-- (1) In general.--The Foundation may award scholarships, fellowships, internships, and grants to eligible individuals who meet the minimum criteria established by the Foundation, for study in fields relating to tribal governance. (2) Mark o. hatfield scholars.--Recipients of scholarships, fellowships, internships, and grants under this Act shall be known as ``Mark O. Hatfield Scholars''. (e) Scholarships.-- (1) In general.--The Foundation may award scholarships to outstanding-- (A) undergraduate students who intend to pursue careers relating to tribal governance; and (B) Native American and Alaska Native undergraduate students who intend to pursue careers in tribal public policy. (2) Payments.--An eligible individual awarded a scholarship under this Act may receive payments under this Act only during such periods as the Foundation determines that the eligible individual-- (A) is maintaining satisfactory proficiency and devoting full time to study or research; and (B) is not engaging in gainful employment other than employment approved by the Foundation under regulations of the Board. (3) Reports.-- (A) In general.--The Foundation may require reports containing such information, in such form, and to be filed at such times as the Foundation determines to be necessary from any eligible individual awarded a scholarship under this Act. (B) Certificate.--Except as otherwise provided under this subsection, a report under subparagraph (A) shall be accompanied by a certificate from an appropriate official at the institution of higher education, approved by the Foundation, stating that the individual is making satisfactory progress in, and is devoting essentially full time to, study or research. (f) Fellowships.--The Foundation may award fellowships to-- (1) outstanding graduate students who intend to pursue advanced degrees in fields relating to tribal governance; (2) outstanding Native American and Alaska Native graduate students who intend to pursue advanced degrees in tribal public policy, law, or medicine; and (3) faculty from a variety of disciplines to bring the expertise of the faculty to the Foundation. (g) Internships.--The Foundation may award internships to deserving and qualified-- (1) individuals, for use in participating in internships in Federal, State, and local agencies or in offices of major tribal governance organizations; and (2) Native American and Alaska Native individuals, for use in participating in internships in Federal, State, and local agencies or in offices of major public health or public policy organizations. (h) Grants.--The Foundation shall award grants to the Institute-- (1) to provide for an annual panel of experts to discuss contemporary tribal governance issues; (2) to conduct tribal governance policy research; (3) to conduct research on Native American and Alaska Native tribal public policy issues; and (4) to invite visiting policymakers to share practical experiences with the Foundation. (i) Coordination.--The Foundation shall assist in the development and implementation of a program for tribal governance research to be located at the Institute. (j) Program Priorities.-- (1) In general.--Subject to paragraph (2), the Foundation shall determine-- (A) the priority of the programs to be carried out under this Act; and (B) the amount of funds to be allocated for the programs. (2) Requirements.--Of amounts made available to carry out this section-- (A) not less than 50 percent shall be used for the programs described in subsections (e), (f), and (g); (B) not less than 20 percent shall be made available to the Institute to carry out subsections (h) and (i), on the conditions that-- (i) a 25-percent matching share is provided from other non-Federal sources; and (ii) adequate space at the Institute is made available by the Institute for the Executive Director and other appropriate staff of the Foundation; and (C) not more than 15 percent shall be used for salaries and other administrative purposes. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act. | Mark O. Hatfield Scholarship and Excellence in Tribal Governance Act of 2008 - Establishes as an independent executive branch entity the Mark O. Hatfield Scholarship and Excellence in Tribal Governance Foundation, to be located in Portland, Oregon. Requires the Foundation to: (1) develop resources to train Native American and Alaska Native tribal council members in self-government and related fields; (2) foster greater recognition and understanding of the role of tribal self-government in the development of the United States; (3) identify critical issues facing tribal governments; (4) establish a program for tribal governance research at the Institute for Tribal Government at Portland State University; and (5) provide educational outreach regarding tribal self-government. Authorizes the Foundation to award: (1) scholarships to outstanding undergraduate students who intend to pursue careers relating to tribal governance and to Native American and Alaska Native undergraduate students intending to pursue careers in tribal public policy; (2) fellowships to outstanding graduate students who intend to pursue advanced degrees in fields relating to tribal governance, to Native American and Alaska Native graduate students intending to pursue advanced degrees in tribal public policy, law, or medicine, and to faculty from a variety of disciplines to bring their expertise to the Foundation; and (3) internships to individuals to work in government agencies or in offices of major tribal governance organizations and to Native American and Alaska Native individuals to work in agencies or in offices of major public health or public policy organizations. Directs the Foundation to award grants to the Institute to: (1) provide for an annual panel of experts to discuss contemporary tribal governance issues; (2) conduct research in tribal governance policy and on Native American and Alaska Native tribal public policy issues; and (3) invite visiting policymakers to share practical experiences with the Foundation. Requires the Foundation to assist in the development and implementation of a program for tribal governance research to be located at the Institute. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Fiscal Accountability and Transparency in Infrastructure Spending Act of 2011''. SEC. 2. DEFINITIONS. In this Act: (1) Agency.--The term ``agency'' has the meaning given the term ``Executive agency'' in section 105 of title 5, United States Code. (2) Alternate infrastructure type bidding.--The term ``alternate infrastructure type bidding'' means a process under which a Federal, State or local agency determines, from engineering and economic analysis, that 2 or more initial project designs utilizing different construction materials and methods and their forecasted performance and life-cycle costs are comparable or similar enough to warrant solicitation of bids on more than 1 design for a project. (3) Life-cycle cost analysis.--The term ``life-cycle cost analysis'' means a process for evaluating the total economic worth of an infrastructure project by analyzing initial costs and discounted future costs, such as structural maintenance, user costs, reconstruction, rehabilitation, restoring, and resurfacing costs, over at least a 50-year period. (4) Major infrastructure projects.--The term ``major infrastructure projects'' means highway, transit, rail (including high-speed passenger rail), airport, seaport, public housing, energy, water, bridge, and military construction projects, including those authorized under titles 23, 40, and 49, United States Code, for which the total Federal cost estimated by the Federal or State government, including the cost of materials, is not less than $5,000,000. (5) Mechanistic-empirical pavement design guide.--The term ``Mechanistic-Empirical Pavement Design Guide'' means the pavement design guide and software, developed under National Cooperative Highway Research Program Project 1-37A, providing a uniform basis for the design of flexible, rigid, and composite pavements, using mechanistic-empirical approaches. SEC. 3. LIFE-CYCLE COST ANALYSIS. (a) Requirement To Obtain Life-Cycle Cost Analysis.--Not later than 1 year after the date of the enactment of this Act, each agency shall obtain a life-cycle cost analysis based on the standards developed by the Office of Management and Budget pursuant to subsection (c) for each major infrastructure project prior to obligating funds. (b) Sources of Life-Cycle Cost Analysis.--The life-cycle cost analysis required under subsection (a) may be obtained from State or local governments, or private sector entities. (c) Guidance.-- (1) Development.--Not later than 6 months after the date of the enactment of this Act, the Director of the Office of Management and Budget, in consultation with the American Association of State Highway and Transportation Officials, shall issue a circular that provides guidance to agencies on implementing the requirements under subsection (a). (2) Requirements.--In developing the circular required under paragraph (1), the Director shall-- (A) provide the public with notice and opportunity to comment before issuing the circular; (B) consider the principles contained in section 2 of Executive Order 12893, ``Principles for Federal Infrastructure Investments'' (January 31, 1994; 59 Fed. Reg. 4233); and (C) require that any analysis obtained pursuant to subsection (a)-- (i) be conducted over at least a 50-year valuation period; and (ii) use actual material life and maintenance cost data. (d) Transparency.--Any life-cycle analysis obtained by an agency pursuant to subsection (a) shall be posted on the agency's Web site not later than 72 hours after it is received. SEC. 4. FLEXIBILITY TO USE ALTERNATE INFRASTRUCTURE TYPE BIDDING PROCEDURES. (a) Application to National Highway System.--A State transportation department or local transportation agency may, in its sole discretion, award contracts for projects on the National Highway System pursuant to alternate infrastructure type bidding procedures. (b) Application to Other Major Infrastructure Programs.-- Notwithstanding any other provision of law, Federal, State and local governments may award contracts for major infrastructure projects pursuant to alternate infrastructure type bidding procedures. SEC. 5. MECHANISTIC-EMPIRICAL PAVEMENT DESIGN GUIDE. Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall require States to utilize the Mechanistic-Empirical Pavement Design Guide for the initial design phase of all projects authorized under title 23, United States Code. | Fiscal Accountability and Transparency in Infrastructure Spending Act of 2011 - Requires each executive agency to obtain a life-cycle cost analysis for each major infrastructure project prior to obligating funds. Defines "life-cycle cost analysis" as a process for evaluating the total economic worth of an infrastructure project by analyzing specified costs over a minimum 50-year period. Authorizes the use of alternate infrastructure type bidding procedures for awarding contracts for projects on the National Highway System and for major infrastructure projects. Requires the Secretary of Transportation to require states to utilize the Mechanistic-Empirical Pavement Design Guide (developed under the National Cooperative Highway Research Program Project I-37A) for the initial design phase of all authorized highway projects. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Americans Helping Americans Tax Credit Act of 2005''. SEC. 2. KATRINA INVESTMENT TAX CREDIT. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 (relating to business related credits) is amended by adding at the end the following new section: ``SEC. 45N. KATRINA INVESTMENT TAX CREDIT. ``(a) General Rule.--For purposes of section 38, in the case of a recovery area company, the Katrina investment tax credit determined under this section for the taxable year is an amount equal to 25 percent of the amount of the qualified equity investments made by the recovery area company during the taxable year. ``(b) Qualified Equity Investment.--For purposes of this section-- ``(1) In general.--The term `qualified equity investment' means-- ``(A) the transfer of cash, cash equivalents, or other property in exchange for stock or capital interest in a recovery area company, and ``(B) the cost of any qualified property acquired by a recovery area company to be used in its trade or business. ``(2) Recovery area company.--The term `recovery area company' means a domestic corporation or partnership-- ``(A) the principal place of business of which is physically located in an area determined by the President before October 15, 2005, to warrant individual or individual and public assistance from the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act by reason of Hurricane Katrina, ``(B) at least 50 percent of the gross income of which is derived from the conduct of business in such area or the coastal waters adjacent thereto, ``(C) a substantial portion of the use of the tangible personal property of such entity (whether owned or leased) is within such area or the coastal waters adjacent thereto, and ``(D) a substantial portion of the services performed by such entity or by its employees are performed in such area or in the coastal waters adjacent thereto. ``(3) Qualified property.--The term `qualified property' means section 1245 property (as defined in section 1245(a)(3)). ``(c) Recapture of Credit.-- ``(1) In general.--If, at any time during the 5-year period beginning on the date on which a qualified equity investment in a recovery area company is made, there is a recapture event with respect to such investment, then the tax imposed by this chapter for the taxable year in which such event occurs shall be increased by the credit recapture amount. ``(2) Credit recapture amount.--For purposes of paragraph (1), the credit recapture amount is an amount equal to the applicable percentage of an amount equal to the sum of-- ``(A) the aggregate decrease in the credits allowed to the taxpayer under section 38 for all prior taxable years which would have resulted if no credit had been determined under this section with respect to such investment, plus ``(B) interest at the underpayment rate established under section 6621 on the amount determined under subparagraph (A) for each prior taxable year for the period beginning on the due date for filing the return for the prior taxable year involved. No deduction shall be allowed under this chapter for interest described in subparagraph (B). ``(3) Applicable percentage.--For purposes of paragraph (2), the applicable percentage is-- ``(A) in the case of a recapture event that occurs within 1 year after the date that the qualified equity investment is made, 100 percent, ``(B) in the case of a recapture event that occurs within 2 years after such date, 80 percent, ``(C) in the case of a recapture event that occurs within 3 years after such date, 60 percent, ``(D) in the case of a recapture event that occurs within 4 years after such date, 40 percent, and ``(E) in the case of a recapture event that occurs within 5 years after such date, 20 percent. ``(4) Recapture event.--For purposes of this subsection, there is a recapture event with respect to a qualified equity investment if-- ``(A) the recovery area company that made such investment ceases to be a recovery area company, ``(B) the qualified equity investment is redeemed by the recovery area company that made such investment, or ``(C) the qualified property acquired by a recovery area company ceases to be used by the recovery area company in its trade or business or such property is sold or otherwise disposed of by the recovery area company. ``(d) Credit May Be Transferred.-- ``(1) In general.--Nothing in any law or rule of law shall be construed to limit the transferability of the credit allowed by this section through sale or repurchase agreements. ``(2) Transferred credit excluded from gross income.--The amount of a credit that is transferred through sale or repurchase agreements pursuant to this section shall not be included in gross income by the taxpayer to whom the credit is transferred. ``(e) Termination.--This section shall not apply to qualified equity investments made after December 31, 2007.''. (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code is amended by striking ``and'' at the end of paragraph (25), by striking the period at the end of paragraph (26) and inserting ``, and'', and by adding at the end the following new paragraph: ``(27) the Katrina investment tax credit determined under section 45N(a).''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45N. Katrina investment tax credit.''. (d) Effective Date.--The amendments made by this section shall apply to qualified equity investments made after September 1, 2005, in taxable years ending after such date. | Americans Helping Americans Tax Credit Act of 2005 - Amends the Internal Revenue Code to allow until 2008 a tax credit for investment in businesses located in the Hurricane Katrina disaster area. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Agricultural Disaster Assistance Act of 2003''. SEC. 2. CROP DISASTER ASSISTANCE. (a) Assistance Available.--Notwithstanding section 508(b)(7) of the Federal Crop Insurance Act (7 U.S.C. 1508(b)(7)), the Secretary of Agriculture shall use such sums as are necessary of funds of the Commodity Credit Corporation to make emergency financial assistance available to producers on a farm that have incurred qualifying crop losses for the 2002 crop due to damaging weather or related condition, as determined by the Secretary. (b) Administration.--The Secretary shall make assistance available under this section in the same manner as provided under section 815 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (as enacted into law by Public Law 106-387; 114 Stat. 1549A-55), including using the same loss thresholds for the quantity and quality losses as were used in administering that section. SEC. 3. ASSISTANCE FOR LIVESTOCK PRODUCERS. (a) Assistance Available.--The Secretary of Agriculture shall use such sums as are necessary of funds of the Commodity Credit Corporation to make and administer payments to livestock producers for losses in a county that received a primary disaster designation by the Secretary in calendar year 2001 or 2002. (b) Administration.--The Secretary shall make assistance available under this section using the criteria established to carry out the 2002 Livestock Compensation Program. (c) Application.--During the 30-day period beginning on the date of the enactment of this Act, livestock producers in a county described in subsection (a) may submit an application for assistance under this section or renew an application previously submitted under the 2002 Livestock Compensation Program. (d) Choice of Payments.-- (1) Multiyear designation.--If a producer is on a farm located in a county that received an emergency designation described in subsection (a) in each of calendar years 2001 and 2002, the producer may receive payments under this section for losses associated with the declaration in either calendar year 2001 or calendar year 2002, but not both. (2) Prior payments.--A producer may not receive a payment under this section and under the 2002 Livestock Compensation Program. SEC. 4. INELIGIBILITY FOR PAYMENTS. (a) Definitions.--In this section: (1) Additional coverage.--The term ``additional coverage'' has the meaning given the term in section 502(b)(1) of the Federal Crop Insurance Act (7 U.S.C. 1502(b)(1)). (2) Insurable commodity.--The term ``insurable commodity'' means an agricultural commodity (excluding livestock) for which the producers on a farm are eligible to obtain a policy or plan of insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.). (3) Noninsurable commodity.--The term ``noninsurable commodity'' means an eligible crop for which the producers on a farm are eligible to obtain assistance under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333). (b) Ineligibility.--Except as provided in subsection (c), the producers on a farm shall not be eligible for a payment under section 2 with respect to 2002 losses to an insurable commodity or noninsurable commodity if the producers on the farm-- (1) in the case of an insurable commodity, did not obtain a policy or plan of insurance for the insurable commodity for the crop under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.); and (2) in the case of a noninsurable commodity, did not file the required paperwork, and pay the administrative fee by the applicable State filing deadline, for the noninsurable commodity under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333). (c) Waivers.--The Secretary of Agriculture may waive the application of subsection (b) to the producers on a farm if-- (1) in the case of an insurable commodity, the producers on the farm enter into a contract with the Secretary under which the producers on the farm agree-- (A) to obtain additional coverage for the insurable commodity for each of the next three crops under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.); and (B) on violation of the contract, to forfeit the right to receive any payment, loan, or benefit under title I of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7901 et seq.) for each of such crops; and (2) in the case of a noninsurable commodity, the producers on the farm enter into a contract with the Secretary under which the producers on the farm agree-- (A) to file the required paperwork, and pay the administrative fee by the applicable State filing deadline, for the noninsurable commodity for each of the next three crops under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333); and (B) on violation of the contract, to forfeit the right to receive any payment, loan, or benefit under title I of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7901 et seq.) for each of such crops. SEC. 5. COMMODITY CREDIT CORPORATION. The Secretary of Agriculture shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out this Act. SEC. 6. REGULATIONS. (a) In General.--The Secretary of Agriculture may promulgate such regulations as are necessary to implement this Act. (b) Procedure.--The promulgation of the regulations and administration of this Act shall be made without regard to-- (1) the notice and comment provisions of section 553 of title 5, United States Code; (2) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and (3) chapter 35 of title 44, United States Code (commonly known as the ``Paperwork Reduction Act''). (c) Congressional Review of Agency Rulemaking.--In carrying out this section, the Secretary shall use the authority provided under section 808 of title 5, United States Code. SEC. 7. EMERGENCY DESIGNATION. (a) In General.--The entire amount made available under this Act shall be available only to the extent that the President submits to Congress an official budget request for a specific dollar amount that includes designation of the entire amount of the request as an emergency requirement for the purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.). (b) Designation.--The entire amount made available under this section is designated by Congress as an emergency requirement under sections 251(b)(2)(A) and 252(e) of that Act (2 U.S.C. 901(b)(2)(A), 902(e)). | Emergency Agricultural Disaster Assistance Act of 2003 - Directs the Secretary of Agriculture to provide: (1) emergency financial assistance to agricultural producers who have incurred qualifying 2002 crop losses due to weather or related conditions; and (2) payments to livestock producers who have incurred 2001 and 2002 losses in an emergency-designated county.Permits livestock producers with qualifying losses in both years to elect to receive payments in either, but not both, of such years.Makes producers ineligible for crop disaster assistance if they did not: (1) get Federal crop insurance for insurable commodities; and (2) file required paperwork and pay related fees for noninsurable commodities. Sets forth waiver provisions. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Captive Wildlife Safety Act''. SEC. 2. DEFINITION OF PROHIBITED WILDLIFE SPECIES. Section 2 of the Lacey Act Amendments of 1981 (16 U.S.C. 3371) is amended-- (1) by redesignating subsections (g) through (j) as subsections (h) through (k), respectively; and (2) by inserting after subsection (f) the following: ``(g) Prohibited wildlife species.--The term `prohibited wildlife species' means-- ``(A) any live species of lion, tiger, leopard, cheetah, jaguar, or cougar; and ``(B) any live hybrid of any of those species.''. SEC. 3. PROHIBITED ACTS. (a) In General.--Section 3 of the Lacey Act Amendments of 1981 (16 U.S.C. 3372) is amended-- (1) in subsection (a)-- (A) in paragraph (2)-- (i) in subparagraph (A), by striking ``, or'' at the end and inserting a semicolon; (ii) in subparagraph (B), by inserting ``or'' after the semicolon at the end; and (iii) by adding at the end the following: ``(C) any prohibited wildlife species (subject to subsection (e));''; (B) in paragraph (3)(B), by inserting ``or'' after the semicolon at the end; and (C) in paragraph (4), by striking ``paragraphs (1) through (4)'' and inserting ``paragraphs (1) through (3)''; and (2) by adding at the end the following: ``(e) Nonapplicability of Prohibited Wildlife Species Offense.-- ``(1) In general.--Subsection (a)(2)(C) does not apply to-- ``(A) any exhibitor or research facility licensed or registered and inspected by a Federal agency; ``(B) any sanctuary, humane society, animal shelter, or society for the prevention of cruelty to animals that-- ``(i)(I) is an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 that is exempt from taxation under section 501(a) of that Code; and ``(II) is an organization described in section 170(b)(1)(A)(vi) of that Code; ``(ii) does not engage in commercial trade of animals listed in section 2(k) (including any sale of animals, animal parts, byproducts, or offspring, exhibition of animals for photograph opportunities, or conduct of public events with live animals for financial profit or any other entertainment purpose); ``(iii) does not propagate animals in a facility of the sanctuary, humane society, animal shelter, or society for the prevention of cruelty to animals; ``(iv) does not-- ``(I) allow unescorted public visitation or direct contact between the public and wild animals; or ``(II) take animals from a sanctuary or enclosure for exhibition; and ``(v) maintains exceptional standards of animal care; ``(C) any State college, university, or agency, State-licensed wildlife rehabilitator, or State- licensed veterinarian; ``(D) any federally-licensed and inspected broker or dealer in a case in which the broker or dealer is conducting any brokering or dealing activity with a person referred to in this paragraph; or ``(E) any person having custody of a wild animal solely for the purpose of expeditiously transporting the animal to a person referred to in this paragraph. ``(2) Regulations.--Not later than 180 days after the date of enactment of this subsection, the Secretary, in cooperation with the Director of the Animal and Plant Health Inspection Service and in consultation with the heads of other relevant Federal agencies, shall promulgate regulations describing the persons or entities to which paragraph (1) applies. ``(3) State authority.--Nothing in this subsection preempts or supersedes the authority of a State to regulate wildlife species within that State.''. (b) Application.--Section 3(a)(2)(C) of the Lacey Act Amendments of 1981 (as added by subsection (a)(1)(A)(iii)) shall apply beginning on the effective date of regulations promulgated under section 3(e)(2) of that Act (as added by subsection (a)(2)). Passed the Senate October 31, 2003. Attest: Secretary. 108th CONGRESS 1st Session S. 269 _______________________________________________________________________ AN ACT To amend the Lacey Act Amendments of 1981 to further the conservation of certain wildlife species. | Captive Wildlife Safety Act - Amends the Lacey Act Amendments of 1981 to define "prohibited wildlife species" as any live species of lion, tiger, leopard, cheetah, jaguar, or cougar and any live hybrid of any such species. Declares it a prohibited act for any person to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce any prohibited wildlife species. Exempts from this prohibition: (1) exhibitors or research facilities licensed or registered and inspected by a Federal agency; (2) sanctuaries, humane societies, animal shelters, or societies for the prevention of cruelty to animals that are tax-exempt nonprofit corporations that do not engage in commercial trade in the species (including any sale of animals, animal parts, byproducts, or offspring, exhibition of animals for photograph opportunities, or conduct of public events with live animals for financial profit or any other entertainment purpose), propagate animals, allow unescorted public visitation or direct contact between the public and wild animals, or take animals from a sanctuary or enclosure for exhibition, and maintain exceptional standards of animal care; (3) State colleges, universities, or agencies, State-licensed wildlife rehabilitators, or State-licensed veterinarians; (4) federally-licensed and inspected brokers or dealers in cases in which they are conducting any brokering or dealing activity with persons referred to in this Act; and (5) persons that have custody of the animal solely for the purpose of expeditiously transporting it to a person referred to in this Act. |
SECTION 1. SHORT TITLE. That this Act may be cited as the ``Assets for Independence Act Amendments of 2000''. SEC. 2. MATCHING CONTRIBUTIONS UNAVAILABLE FOR EMERGENCY WITHDRAWALS. Section 404(5)(A)(v) of the Assets for Independence Act (42 U.S.C. 604 note) is amended by striking ``, or enabling the eligible individual to make an emergency withdrawal''. SEC. 3. ADDITIONAL QUALIFIED ENTITIES. Section 404(7)(A) of the Assets for Independence Act (42 U.S.C. 604 note) is amended-- (1) in clause (i), by striking ``or'' at the end thereof; (2) in clause (ii), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following new clause: ``(iii) an entity that-- ``(I) is-- ``(aa) a credit union designated as a low-income credit union by the National Credit Union Administration (NCUA); or ``(bb) an organization designated as a community development financial institution by the Secretary of the Treasury (or the Community Development Financial Institutions Fund); and ``(II) can demonstrate a collaborative relationship with a local community-based organization whose activities are designed to address poverty in the community and the needs of community members for economic independence and stability.''. SEC. 4. HOME PURCHASE COSTS. Section 404(8)(B)(i) of the Assets for Independence Act (42 U.S.C. 604 note) is amended by striking ``100'' and inserting ``120''. SEC. 5. INCREASED SET-ASIDE FOR ECONOMIC LITERACY TRAINING AND ADMINISTRATIVE COSTS. Section 407(c)(3) of the Assets for Independence Act (42 U.S.C. 604 note) is amended-- (1) by striking ``9.5'' and inserting ``15''; and (2) by inserting after the first sentence the following: ``Of the total amount specified in this paragraph, not more than 7.5 percent shall be used for administrative functions under paragraph (1)(C), including program management, reporting requirements, recruitment and enrollment of individuals, and monitoring. The remainder of the total amount specified in this paragraph (not including the amount specified for use for the purposes described in paragraph (1)(D)) shall be used for nonadministrative functions described in paragraph (1)(A), including case management, budgeting, economic literacy, and credit counseling. If the cost of nonadministrative functions described in paragraph (1)(A) is less than 5.5 percent of the total amount specified in this paragraph, such excess funds may be used for administrative functions.''. SEC. 6. ALTERNATIVE ELIGIBILITY CRITERIA. Section 408(a)(1) of the Assets for Independence Act (42 U.S.C. 604 note) is amended by striking ``does not exceed'' and inserting ``is equal to or less than 200 percent of the poverty line (as determined by the Office of Management and Budget) or''. SEC. 7. REVISED ANNUAL PROGRESS REPORT DEADLINE. (a) In General.--Section 412(c) of the Assets for Independence Act (42 U.S.C. 604 note) is amended by striking ``calendar'' and inserting ``project''. (b) Transitional Deadline.--Notwithstanding the amendment made by subsection (a), the submission of the initial report of a qualified entity under section 412(c) shall not be required prior to the date that is 90 days after the date of enactment of this Act. SEC. 8. REVISED INTERIM EVALUATION REPORT DEADLINE. (a) In General.--Section 414(d)(1) of the Assets for Independence Act (42 U.S.C. 604 note) is amended by striking ``calendar'' and inserting ``project''. (b) Transitional Deadline.--Notwithstanding the amendment made by subsection (a), the submission of the initial interim report of the Secretary under section 412(c) shall not be required prior to the date that is 90 days after the date of enactment of this Act. SEC. 9. INCREASED APPROPRIATIONS FOR EVALUATION EXPENSES. Subsection (e) of section 414 of the Assets for Independence Act (42 U.S.C. 604 note) is amended to read as follows: ``(e) Evaluation Expenses.--Of the amount appropriated under section 416 for a fiscal year, the Secretary may expend not more than $500,000 for such fiscal year to carry out the objectives of this section.''. SEC. 10. NO REDUCTION IN BENEFITS. Section 415 of the Assets for Independence Act (42 U.S.C. 604 note) is amended to read as follows: ``SEC. 415. NO REDUCTION IN BENEFITS. ``Notwithstanding any other provision of Federal law (other than the Internal Revenue Code of 1986) that requires consideration of 1 or more financial circumstances of an individual, for the purpose of determining eligibility to receive, or the amount of, any assistance or benefit authorized by such law to be provided to or for the benefit of such individual, funds (including interest accruing) in an individual development account under this Act shall be disregarded for such purpose with respect to any period during which such individual maintains or makes contributions into such an account.''. | Excludes funds attributable to matching contributions by qualified entities from IDA emergency withdrawals. Includes among eligible grantees low-income credit unions and community development financial institutions. Revises requirements for withdrawals from IDA accounts for the purchase of a home. Increases the amount of funds set aside for economic literacy training and administrative costs. Includes a Federal poverty measure among alternative eligibility criteria. Declares that funds in an IDA shall be disregarded entirely for purposes of determining eligibility for Federal programs based on need. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Solar and Water-Efficient Homes Act of 2015''. SEC. 2. MODIFICATION TO PREMIUM CHARGES ON FINANCING CERTAIN ALTERATIONS, REPAIRS, AND IMPROVEMENTS TO, OR CONVERSIONS OF, EXISTING STRUCTURES. Subsection (f) of section 2 of the National Housing Act (12 U.S.C. 1703(f)) is amended-- (1) in paragraph (1), by striking ``1 per centum per annum of the net proceeds of such loan, advance of credit, or purchase, for the term of such obligation'' and inserting ``1.5 per centum per year of the remaining insured principal balance (excluding the portion of such balance attributable to the premium that may be collected under paragraph (3) and without taking into account delinquent payments or prepayments)''; (2) by inserting at the end the following new paragraphs: ``(3) Upfront premium charge for financing alterations, repairs, improvements, or conversions.--In addition to the annual premium collected under paragraph (1), in the case of a loan, advance of credit, or purchase in connection with insurance granted under subparagraph (A)(i) or subparagraph (B) of subsection (b)(1), the Secretary may, at the time of the making of the loan, advance of credit, or purchase, charge a single premium payment in an amount not to exceed 2.75 percent of the amount of the original insured principal obligation. Such premium charge shall be payable in advance by the financial institution in such manner as may be prescribed by the Secretary. ``(4) Increase in premium charge limitations for financing alterations, repairs, and improvements, or conversions.--The Secretary may increase the limitations on premium payments to percentages greater than those set forth in paragraphs (1) and (3), but only if necessary, and not in excess of the minimum increase necessary (as determined based upon risk to the Federal Government under existing underwriting requirements) to maintain a negative credit subsidy for insurance of loans, advances of credit, or purchases under subparagraph (A)(i) or subparagraph (B) of subsection (b)(1).''. SEC. 3. MODIFICATION TO CERTAIN INSURANCE CAPS AND LOAN LIMITATIONS. (a) Modification to Cap on Insurance to Financial Institutions.-- The second sentence of section 2(a) of the National Housing Act (12 U.S.C. 1703(a)) is amended by striking ``in no case'' and all that follows through the period at the end and inserting ``the Secretary may, by notice, establish additional requirements relating to the insurance granted under this section by any such financial institution.''. (b) Modification to Loan Limitation for Financing Certain Alterations, Repairs, and Improvements to, or Conversions of, Existing Structures.--Subsection (b) of section 2 of such Act (12 U.S.C. 1703(b)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (A)(i), by striking ``$25,000'' and inserting ``$42,000''; and (B) in subparagraph (B)-- (i) by striking ``$60,000'' and inserting ``$100,380''; and (ii) by striking ``$12,000'' and inserting ``$20,076''; and (C) in the matter after and below subparagraph (G), by adding at the end the following: ``The Secretary may, by notice, annually, increase the dollar amount limitation in subparagraphs (A)(i) and (B) (as such limitation may have been previously adjusted under this sentence) in accordance with the index established pursuant to paragraph (12).''; and (2) by adding at the end the following new paragraph: ``(12) Annual indexing of loans for financing alterations, repairs, and improvements to, or conversions of, existing structures.--Not later than 1 year after the date of enactment of the `Solar and Water-Efficient Homes Act of 2015', the Secretary shall develop a method of indexing to annually increase the dollar amount limitations established in subparagraphs (A)(i) and (B) of paragraph (1). Such index shall be based on consumer price index data on housing collected by the Bureau of Labor Statistics.''. (c) Technical Amendments.--Section 2 of such Act (12 U.S.C. 1703) is amended-- (1) in the fourth undesignated paragraph of subsection (a)-- (A) in paragraph (2), by striking ``and'' at the end; and (B) in paragraph (3), by striking the period at the end and inserting ``; and''; and (2) in subsection (b)(1)-- (A) in subparagraph (D), by striking ``and'' at the end; and (B) in subparagraph (E), by striking the period at the end and inserting ``; and''. SEC. 4. MODIFICATION TO LOAN LIMITATION FOR ENERGY EFFICIENCY AND WATER CONSERVING HOME IMPROVEMENTS. Subsection (b) of section 2 of the National Housing Act (12 U.S.C. 1703(b)), as amended by section 3(b) of this Act, is further amended by adding at the end the following new paragraph: ``(13) Adjustment for energy conserving improvements or the installation of solar energy systems.--The dollar amount limitations otherwise applicable under subparagraph (A)(i) and subparagraph (B) of paragraph (1) (as adjusted by paragraph (12)) may be increased up to 150 percent of such limitation, but such increase may not exceed the dollar amount of the loan that will be used for purchasing or implementing energy conserving improvements or purchasing or installing solar energy systems (as such terms are defined in the last paragraph of subsection (a)), or for purchasing or implementing water conserving improvements (as defined by the Secretary).''. | Solar and Water-Efficient Homes Act of 2015 This bill amends the National Housing Act, with respect to Department of Housing and Urban Development (HUD) insurance of financial institutions which finance housing alterations, repairs, improvements, or conversions, to increase the premium charge from 1% per annum of the net proceeds of a loan, advance of credit, or purchase, for the term of the obligation, to 1.5% per year of the remaining insured principal balance, with a specified exclusion and without taking into account delinquent payments or prepayments. There may also be a single upfront additional premium charge of 2.75% of the original insured principal obligation with respect to existing single-family or multi-family structures. HUD may increase the limitations on premium payments to percentages greater than these but only if necessary, and not in excess of the minimum increase necessary to maintain a negative credit subsidy for insurance of loans, advances of credit, or certain purchases. The maximum insurance amount (10% of the total amount of such loans, advances of credit, and purchases) any financial institution may receive is repealed. The maximum obligation of an individual loan, advance of credit, or purchase that may be insured for improvements: (1) to an existing single-family dwelling is increased from $25,000 to $42,000; and (2) to an existing multi-family structure is increased from $60,000 to $100,380, with an average amount of $20,076 (currently $12,000) per family unit. HUD shall develop a method of indexing to increase these dollar amount limitations annually, based on consumer price index data on housing collected by the Bureau of Labor Statistics of the Department of Labor. These dollar amount limitations may also be increased by up to 150%, not to exceed the dollar amount of the loan used for purchasing or installing solar energy systems or for purchasing or implementing water conserving improvements. |
SECTION 1. FLEXIBILITY IN ELIGIBILITY FOR PARTICIPATION IN WELFARE-TO- WORK PROGRAM. (a) Hard-To-Employ Long-Term Recipients.--Section 403(a)(5)(C)(ii) of the Social Security Act (42 U.S.C. 603(a)(5)(C)(ii)) is amended-- (1) by striking ``Required beneficiaries.--'' and inserting ``Hard-to-employ recipients.--''; (2) in the matter preceding subclause (I)-- (A) by striking ``shall expend at least 70 percent of all'' and inserting ``may expend''; and (B) by striking ``, or for the benefit of noncustodial parents,''; (3) in the matter preceding item (aa) of subclause (I)-- (A) by striking ``At least 2'' and inserting ``Any''; (B) by striking ``apply'' and inserting ``applies''; and (C) by striking ``or the noncustodial parent''; (4) in item (aa) of subclause (I), by striking ``, and has low skills in reading or mathematics''; (5) by adding at the end of subclause (I) the following: ``(dd) The individual has English reading, writing, or computing skills at or below the 8th grade level. ``(ee) The individual is homeless. ``(ff) The individual has a disability. ``(gg) The individual has been a victim of domestic violence.''; and (6) in the matter preceding item (aa) of subclause (II), by striking ``or the minor children of the non-custodial parent''. (b) Noncustodial Parents.-- (1) In general.--Section 403(a)(5)(C) of such Act (42 U.S.C. 603(a)(5)(C)) is amended-- (A) by redesignating clauses (iii) through (viii) as clauses (iv) through (ix), respectively; and (B) by inserting after clause (ii) the following: ``(iii) Noncustodial parents.--An entity that operates a project with funds provided under this paragraph may use the funds to provide services in a form described in clause (i) to noncustodial parents with respect to whom the requirements of the following subclauses are met: ``(I) The noncustodial parent is unemployed, underemployed, or having difficulty in paying child support obligations. ``(II) At least 1 of the following applies to a minor child of the noncustodial parent (with preference in the determination of the noncustodial parents to be provided services under this paragraph to be provided by the entity to those noncustodial parents with minor children who meet, or who have custodial parents who meet, the requirements of item (aa)): ``(aa) The minor child or the custodial parent of the minor child meets the requirements of clause (ii)(II). ``(bb) The minor child is eligible for, or is receiving, benefits under the program funded under this part. ``(cc) The minor child received benefits under the program funded under this part in the 12-month period preceding the date of the determination but no longer receives such benefits. ``(dd) The minor child is eligible for, or is receiving, assistance under the Food Stamp Act of 1977, benefits under the supplemental security income program under title XVI of this Act, medical assistance under title XIX of this Act, or child health assistance under title XXI of this Act. ``(III) In the case of a noncustodial parent who becomes enrolled in the project on or after the date of the enactment of this clause, the noncustodial parent is in compliance with the terms of an oral or written personal responsibility contract entered into among the noncustodial parent, the entity, and (unless the entity demonstrates to the Secretary that the entity is not capable of coordinating with such agency) the agency responsible for administering the State plan under part D, which was developed taking into account the employment and child support status of the noncustodial parent, which was entered into not later than 30 (or, at the option of the entity, not later than 90) days after the noncustodial parent was enrolled in the project, and which, at a minimum, includes the following: ``(aa) A commitment by the noncustodial parent to cooperate, at the earliest opportunity, in the establishment of the paternity of the minor child, through voluntary acknowledgement or other procedures, and in the establishment of a child support order. ``(bb) A commitment by the noncustodial parent to cooperate in the payment of child support for the minor child, which may include a modification of an existing support order to take into account the ability of the noncustodial parent to pay such support and the participation of such parent in the project. ``(cc) A commitment by the noncustodial parent to participate in employment or related activities that will enable the noncustodial parent to make regular child support payments, and if the noncustodial parent has not attained 20 years of age, such related activities may include completion of high school, a general equivalency degree, or other education directly related to employment. ``(dd) A description of the services to be provided under this paragraph, and a commitment by the noncustodial parent to participate in such services, that are designed to assist the noncustodial parent obtain and retain employment, increase earnings, and enhance the financial and emotional contributions to the well-being of the minor child. In order to protect custodial parents and children who may be at risk of domestic violence, the preceding provisions of this subclause shall not be construed to affect any other provision of law requiring a custodial parent to cooperate in establishing the paternity of a child or establishing or enforcing a support order with respect to a child, or entitling a custodial parent to refuse, for good cause, to provide such cooperation as a condition of assistance or benefit under any program, shall not be construed to require such cooperation by the custodial parent as a condition of participation of either parent in the program authorized under this paragraph, and shall not be construed to require a custodial parent to cooperate with or participate in any activity under this clause. The entity operating a project under this clause with funds provided under this paragraph shall consult with domestic violence prevention and intervention organizations in the development of the project.''. (2) Conforming amendment.--Section 412(a)(3)(C)(ii) of such Act (42 U.S.C. 612(a)(3)(C)(ii)) is amended by striking ``(vii)'' and inserting ``(viii)''. (c) Recipients With Characteristics of Long-Term Dependency; Children Aging Out of Foster Care.-- (1) In general.--Subclause (II) of section 403(a)(5)(C)(iv) of such Act (42 U.S.C. 603(a)(5)(C)(iv)(II)), as so redesignated by subsection (b)(1)(A) of this section, is amended to read as follows: ``(II) to children-- ``(aa) who have attained 18 years of age but not 25 years of age; and ``(bb) who, before attaining 18 years of age, were recipients of foster care maintenance payments (as defined in section 475(4)) under part E or were in foster care under the responsibility of a State.''. (2) Conforming amendments.--Section 403(a)(5)(C)(iv) of such Act (42 U.S.C. 603(a)(5)(C)(iv)), as so redesignated by subsection (b)(1)(A) of this section, is amended-- (A) in the heading by inserting ``hard to employ'' before ``individuals''; and (B) in the last sentence by striking ``clause (ii)'' and inserting ``clauses (ii) and (iii) and, as appropriate, clause (v)''. SEC. 2. LIMITED VOCATIONAL EDUCATIONAL AND JOB TRAINING INCLUDED AS ALLOWABLE ACTIVITIES. Section 403(a)(5)(C)(i) of the Social Security Act (42 U.S.C. 603(a)(5)(C)(i)) is amended by inserting after subclause (VI) the following: ``(VII) Not more than 6 months of vocational educational or job training.''. SEC. 3. CERTAIN GRANTEES AUTHORIZED TO PROVIDE EMPLOYMENT SERVICES DIRECTLY. Section 403(a)(5)(C)(i)(IV) of the Social Security Act (42 U.S.C. 603(a)(5)(C)(i)(IV)) is amended by inserting ``, or if the entity is not a private industry council or workforce investment board, the direct provision of such services'' before the period. SEC. 4. SIMPLIFICATION AND COORDINATION OF REPORTING REQUIREMENTS. (a) Elimination of Current Requirements.--Section 411(a)(1)(A) of the Social Security Act (42 U.S.C. 611(a)(1)(A)) is amended-- (1) in the matter preceding clause (i), by inserting ``(except for information relating to activities carried out under section 403(a)(5))'' after ``part''; and (2) by striking clause (xviii). (b) Establishment of Reporting Requirement.--Section 403(a)(5)(C) of the Social Security Act (42 U.S.C. 603(a)(5)(C)), as amended by subsections (b)(1) and (d)(1) of section 301 of this Act, is amended by adding at the end the following: ``(xi) Reporting requirements.--The Secretary of Labor, in consultation with the Secretary of Health and Human Services, shall establish requirements for the collection and maintenance of financial and participant information and the reporting of such information by entities carrying out activities under this paragraph.''. SEC. 5. MODIFICATION OF SET-ASIDE OF PORTION OF WELFARE-TO-WORK FUNDS FOR SUCCESSFUL PERFORMANCE BONUS. Section 403(a)(5)(E)(vi) of the Social Security Act (42 U.S.C. 603(a)(5)(E)(vi)) is amended by striking ``$100,000,000'' and inserting ``$35,000,000''. | Prescribes criteria for the provision of project funds to assist certain noncustodial parents to participate in employment or related activities that will enable them to make regular child support payments. Prescribes requirements for such recipients, including an oral or written personal responsibility contract containing certain conditions. Authorizes Welfare-to-Work projects to assist: (1) children between ages 18 and 25 who have received foster care maintenance payments; (2) State TANF recipients with significant barriers to self-sufficiency (as determined according to criteria of the local private industry council); and (3) custodial parents with incomes below 100 percent of the poverty line. Makes vocational educational or job training for up to six months an allowable activity. Permits certain grantees which are not private industry councils or workforce investment boards to provide Welfare-to-Work employment services directly. Repeals the requirement for quarterly State data reports on the Welfare-to-Work program. Reduces the set-aside under provisions for grants for successful performance bonuses. Reduces appropriations for FY 1999. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Nevada Mining Townsite Conveyance Act''. SEC. 2. DISPOSAL OF PUBLIC LANDS IN MINING TOWNSITES, ESMERALDA AND NYE COUNTIES, NEVADA. (a) Findings.-- Congress finds the following: (1) The Federal Government owns real property in and around historic mining townsites in the counties of Esmeralda and Nye in the State of Nevada. (2) While the real property is under the jurisdiction of the Secretary of the Interior, acting through the Bureau of Land Management, some of the real property land has been occupied for decades by persons who took possession by purchase or other documented and putatively legal transactions, but whose continued occupation of the real property constitutes a ``trespass'' upon the title held by the Federal Government. (3) As a result of the confused and conflicting ownership claims, the real property is difficult to manage under multiple use policies and creates a continuing source of friction and unease between the Federal Government and local residents. (4) Much of the real property is appropriate for disposal for the purpose of promoting administrative efficiency and effectiveness, and the Bureau of Land Management has already identified certain parcels of the real property for disposal. (5) Some of the real property contains historic and cultural values that must be protected. (6) To promote responsible resource management of the real property, certain parcels should be conveyed to the county in which the property is situated in accordance with land use management plans of the Bureau of Land Management so that the county can, among other things, dispose of the property to persons residing on or otherwise occupying the property. (b) Mining Townsite Defined.--In this section, the term ``mining townsite'' means real property in the counties of Esmeralda and Nye, Nevada, that is owned by the Federal Government, but upon which improvements were constructed because of a mining operation on or near the property and based upon the belief that-- (1) the property had been or would be acquired from the Federal Government by the entity that operated the mine; or (2) the person who made the improvement had a valid claim for acquiring the property from the Federal Government. (c) Conveyance Authority.-- (1) In general.--Notwithstanding sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), the Secretary of the Interior, acting through the Bureau of Land Management, shall convey, without consideration, all right, title, and interest of the United States in and to mining townsites (including improvements thereon) identified for conveyance on the maps entitled ``Original Mining Townsite Gold Point, Nevada, Land Disposal Map'' and ``Original Mining Townsite Ione, Nevada, Land Disposal Map,'' dated __________. (2) Availability of maps.--The maps referred to in paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Secretary of the Interior, including the office of the Bureau of Land Management located in the State of Nevada. (d) Recipients.-- (1) Original recipient.--Subject to paragraph (2), the conveyance of a mining townsite under subsection (c) shall be made to the county in which the mining townsite is situated. (2) Reconveyance to occupants.--In the case of a mining townsite conveyed under subsection (c) for which a valid interest is proven by one or more persons, under the provisions of Nevada Revised Statutes Chapter 244, the county that received the mining townsite under paragraph (1) shall reconvey the property to that person or persons by appropriate deed or other legal conveyance as provided in that State law. For purposes of proving a valid interest, the person making the claim must have occupied the mining townsite for at least 15 years immediately before the date of the enactment of this Act. The county is not required to recognize a claim under this paragraph submitted more than 10 years after the date of the enactment of this Act. (e) Protection of Historic and Cultural Resources.--As a condition on the conveyance or reconveyance of a mining townsite under subsection (c), all historic and cultural resources (including improvements) on the mining townsite shall be preserved and protected in accordance with applicable Federal and State law. (f) Valid Existing Rights.--The conveyance of a mining townsite under this section shall be subject to valid existing rights, including any easement or other right-of-way or lease in existence as of the date of the conveyance. All valid existing rights and interests of mining claimants shall be maintained, unless those rights or interests are deemed abandoned and void or null and void under-- (1) section 2320 of the Revised Statutes (30 U.S.C. 21 et seq); (2) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq); or (3) subtitle B of title X of the Omnibus Budget Reconciliation Act of 1993 (30 U.S.C. 28(f)-(k)), including regulations promulgated under section 3833.1 of title 43, Code of Federal Regulations or any successor regulation. (g) Survey.--A mining townsite to be conveyed by the United States under this section shall be sufficiently surveyed to legally describe the land for patent conveyance. (h) Release.--On completion of the conveyance of a mining townsite under subsection (c), the United States shall be relieved from liability for, and shall be held harmless from, any and all claims arising from the presence of improvements and materials on the conveyed property. (i) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of the Interior such amounts as may be necessary to carry out the conveyances required by this section, including funds to cover the costs of cadastral and mineral surveys, mineral potential reports, hazardous materials, biological, cultural and archeological clearances, validity examinations and other expenses incidental to the conveyances. | Nevada Mining Townsite Conveyance Act - Sets forth procedures for the conveyance of certain mining townsites. Defines a mining townsite as real property in the counties of Esmeralda and Nye, Nevada, that is owned by the Federal Government but upon which improvements have been constructed because of a mining operation on or near the property, if such improvements were undertaken based on the belief that: (1) the property had been or would be acquired by the entity operating the mine; or (2) the person who made the improvement had a valid claim for acquiring the property.Directs the Secretary of the Interior, acting through the Bureau of Land Management, to convey, without consideration, all right, title, and interest of the United States in and to certain mining townsites to the county in which each site is located. Directs, if a valid interest is proven in a site under Nevada law, the county receiving such site to reconvey the property to the person or persons with such interest. Requires, for a claim to be valid, the claimant to have occupied the relevant mining townsite for at least 15 years immediately before the enactment of this Act.Provides for the protection of historic and cultural resources on conveyed townsites. Subjects conveyances under this Act to valid existing rights. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Wasteful EPA Programs Elimination Act of 2015''. SEC. 2. ELIMINATION OF EPA GRANT PROGRAMS. Notwithstanding any other provision of law-- (1) all grant programs of the Environmental Protection Agency that are in effect as of the date of enactment of this Act are hereby terminated; and (2) the Administrator of the Environmental Protection Agency may not establish or implement any grant program. SEC. 3. PROHIBITION ON USE OF FUNDS FOR NEW OZONE STANDARDS. No funds made available under any Act may be used by the Environmental Protection Agency to implement any ozone standard promulgated after the date of enactment of this Act, including any national primary or secondary ambient air quality standard for ozone promulgated (or revised) under section 109 of the Clean Air Act (42 U.S.C. 7409). SEC. 4. ELIMINATION OF FUNDING FOR CERTAIN REGULATIONS AND PROGRAMS. (a) In General.--No Federal funds may be used by the Environmental Protection Agency-- (1) to regulate greenhouse gas emissions from mobile sources (including cars, trains, airplanes, and non-road equipment); (2) to regulate greenhouse gas emissions from fossil fuel- fired electric utility generating units under the Clean Air Act (42 U.S.C. 7401 et seq.); (3) for the Greenhouse Gas Reporting Program or any similar or successor program; (4) for the Global Methane Initiative or any similar or successor initiative; (5) for the Climate Resilience Fund or any similar or successor fund; (6) for the Climate Resilience Evaluation Awareness Tool or any similar or successor tool; (7) for the Green Infrastructure Program or any similar or successor program; (8) for the Climate Ready Water Utilities Initiative or any similar or successor initiative; or (9) for climate research at the Office of Research and Development of the Environmental Protection Agency. (b) Definition of Greenhouse Gas.--In this Act, the term ``greenhouse gas'' means any of carbon dioxide, methane, nitrous oxide, sulfur hexafluoride, hydrofluorocarbons, and perfluorocarbons. SEC. 5. TERMINATION OF CERTAIN EPA PROGRAMS. (a) National Clean Diesel Campaign.--The Environmental Protection Agency's National Clean Diesel Campaign is hereby terminated. (b) Environmental Justice Programs.--The Environmental Protection Agency's environmental justice programs are hereby terminated. SEC. 6. ELIMINATION OF EPA REGIONAL OFFICES. The Administrator of the Environmental Protection Agency shall discontinue operation and maintenance of the Environmental Protection Agency's State, regional, district, local, and other field offices, and activities carried out through those offices. SEC. 7. DISPOSAL OR LEASING OF UNDERUTILIZED PROPERTY REQUIRED. (a) Disposal or Leasing Required.--The Administrator of the Environmental Protection Agency shall dispose of or lease any property determined by the Office of Inspector General of the Environmental Protection Agency to be underutilized in the report entitled ``EPA Can Further Reduce Space in Under-Utilized Facilities'' dated February 20, 2013. (b) Fair Market Value Requirement.--Real property sold pursuant to this section shall be sold at not less than the fair market value as determined by the Administrator. Costs associated with disposal may not exceed the fair market value of the property unless the Administrator approves incurring such costs. (c) Monetary Proceeds Requirement.--Real property may be sold pursuant to this section only if the property will generate monetary proceeds to the Federal Government, as provided in subsection (b). Disposal of real property pursuant to this section may not include any exchange, trade, transfer, acquisition of like-kind property, or other non-cash transaction as part of the disposal. (d) Rule of Construction.--Nothing in this section shall be construed as terminating or in any way limiting authorities that are otherwise available to agencies under other provisions of law to dispose of Federal real property, except as provided in subsection (e). (e) Exemption From Certain Requirements.--Any expedited disposal of a real property conducted pursuant to this section shall not be subject to-- (1) subchapter IV of chapter 5 of title 40, United States Code; (2) sections 550 and 553 of title 40, United States Code; (3) section 501 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411); (4) any other provision of law authorizing the no-cost conveyance of real property owned by the Federal Government; or (5) any congressional notification requirement other than that in section 545 of title 40, United States Code. | Wasteful EPA Programs Elimination Act of 2015 This bill terminates all existing grant programs of the Environmental Protection Agency (EPA), its National Clean Diesel Campaign, and its environmental justice programs. The EPA may not establish new grant programs. Federal funds may not be used by the EPA: to implement any ozone standard promulgated after this bill's enactment date; to regulate greenhouse gas emissions from mobile sources, or from fossil fuel-fired electric utility generating units; for the Greenhouse Gas Reporting Program; for the Global Methane Initiative; for the Climate Resilience Fund; for the Climate Resilience Evaluation Awareness Tool; for the Green Infrastructure Program; for the Climate Ready Water Utilities Initiative; or for climate research at the EPA's Office of Research and Development. The EPA must: (1) discontinue operation and maintenance of its field offices and activities carried out through those offices, and (2) dispose of or lease any underutilized property. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Helping Overcome Trauma for Children Alone in Rear Seats Act of 2017'' or the ``HOT CARS Act of 2017''. SEC. 2. CHILD SAFETY. (a) Amendment.-- (1) In general.--Chapter 323 of title 49, United States Code, is amended by adding after section 32304A the following: ``Sec. 32304B. Child safety ``(a) Definitions.--In this section: ``(1) Passenger motor vehicle.--The term `passenger motor vehicle' has the meaning given that term in section 32101. ``(2) Rear designated seating position.--The term `rear designated seating position' means designated seating positions that are rearward of the front seat. ``(3) Secretary.--The term `Secretary' means the Secretary of Transportation. ``(b) Rulemaking.--Not later than 2 years after the date of the enactment of the HOT CARS Act of 2017, the Secretary shall issue a final rule requiring all new passenger motor vehicles weighing less than 10,000 pounds gross vehicle weight to be equipped with a system to alert the operator to check rear designated seating positions after the vehicle engine or motor is deactivated by the operator. ``(c) Means.--The alert required under subsection (b)-- ``(1) shall include a distinct auditory and visual alert, which may be combined with a haptic alert; and ``(2) shall be activated when the vehicle motor is deactivated by the operator. ``(d) Phase-in.--The rule issued pursuant to subsection (b) shall require full compliance with the rule beginning on September 1st of the first calendar year that begins 2 years after the date on which the final rule is issued.''. (2) Clerical amendment.--The analysis for chapter 323 of title 49, United States Code, is amended by striking the item relating to section 32304A and inserting the following: ``32304A. Consumer tire information and standards. ``32304B. Child safety.''. (b) Awareness of Children in Motor Vehicles.--Section 402 of title 23, United States Code, is amended by inserting after subsection (k) the following: ``(l) Unattended Passengers.-- ``(1) In general.--Each State shall use a portion of the amounts it receives under this section to carry out a program to educate the public on the risks of leaving a child or unattended passenger in a vehicle after the vehicle motor is deactivated by the operator. ``(2) Program placement.--A State does not need to carry out the program described in paragraph (1) through the State transportation or highway safety office.''. (c) Study and Report.-- (1) Independent study.-- (A) Agreement.-- (i) In general.--The Secretary of Transportation shall enter into an agreement or a contract with an independent third-party that does not have any financial or contractual ties with passenger motor vehicle manufacturers or technology companies producing child reminder alert systems to perform the services under this paragraph. (ii) Timing.--The Secretary shall enter into the agreement or contract described in clause (i) not later than the date that the Secretary determines is the latest date by which completion of the services under this paragraph will allow the Secretary enough time to prepare and submit the study required under paragraph (2) in accordance with such paragraph. (B) Independent study.-- (i) In general.--Under an agreement between the Secretary and an independent third-party under this paragraph, the independent third- party shall carry out a study on retrofitting existing passenger motor vehicles with technology to address the problem of children left in rear designated seating positions of motor vehicles after the motor vehicles have been deactivated by the operator of the vehicle. (ii) Elements.--In carrying out the study required under clause (i), the independent third-party shall-- (I) survey and evaluate a variety of methods used by current and emerging aftermarket technology or products to solve the problem of children being left in a rear designated seating position after the vehicle motor is deactivated by the operator; (II) make recommendations for manufacturers of such technology or products to undergo a functional safety performance to ensure that the products perform as designed by the manufacturer under a variety of real world conditions; and (III) provide recommendations for consumers on how to select such technology or products in order to retrofit existing vehicles. (2) Report.--During the 180-day period beginning on the date on which the Secretary of Transportation issues the final rule required under section 32304B(b) of title 49, United States Code, as added by subsection (a)(1), the Secretary shall submit the results of the study carried out under paragraph (1) to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives. | Helping Overcome Trauma for Children Alone in Rear Seats Act of 2017 or the HOT CARS Act of 2017 This bill directs the Department of Transportation (DOT) to issue a final rule requiring all new passenger motor vehicles weighing less than 10,000 pounds gross vehicle weight to be equipped with a system to alert the operator to check rear designated seating positions after the vehicle engine is turned off. The alert shall: (1) include a distinct auditory and visual alert, which may be combined with a haptic alert (i.e., vibrations); and (2) be activated when the vehicle engine is turned off. DOT must enter into an agreement with an independent third-party for a study on retrofitting existing passenger motor vehicles with technology to address the problem of children left in rear seats after the vehicle engine is turned off. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Housing Development Reform Amendments''. SEC. 2. AUTHORITY TO PROVIDE BY CONTRACT FOR ELIMINATION OF REVIEW PROCESS. Section 6 of the United States Housing Act of 1937 (42 U.S.C. 1437d) is amended by inserting after subsection (e) the following new subsection: ``(f) Authority to Eliminate Interim Review in Development Process for High-Performing PHA's.-- ``(1) Authority.--In any contract for contributions to cover the development or acquisition cost of a public housing project by a public housing agency that the Secretary determines is complying with the management performance standards established under subsection (j) in an exemplary manner, the Secretary may include provisions described under paragraph (2). ``(2) Exemption from qualified development requirements.-- The contract provisions referred to in paragraph (1) are provisions that exempt the public housing project assisted under the contract from review (by the Secretary or any field or area office of the Department of Housing and Urban Development) for compliance with qualified development requirements or from any requirement for approval (by the Secretary or any such office) with such requirements, only during the period that ends upon completion of the development or acquisition or at such other time occurring before completion, as may be agreed to by the Secretary and the public housing agency. ``(3) Remedies.--Each contract for contributions that includes provisions described under paragraph (2) shall include such additional provisions as the Secretary considers necessary to ensure that, upon completion of development or acquisition, the public housing project assisted under the contract complies with the qualified development requirements, which may include provisions-- ``(A) authorizing the imposition of civil monetary penalties against the public housing agency if the Secretary determines, on the record after notice and opportunity for a hearing in accordance with section 553 of title 5, United States Code, that the public housing project does not comply with the qualified development requirements regarding site or neighborhood standards or environmental requirements, except that the amount of such penalties may not exceed $10,000 for each such failure to comply and the sum of the penalties imposed against any public housing agency with respect to public housing developed or acquired pursuant to any single contract for contributions may not exceed $1,000,000; ``(B) requiring specific performance sufficient to correct any noncompliance and establishing deadlines for such specific performance; ``(C) authorizing the Secretary to withhold payments (or portions of payments) to be made under the contract upon completion of development or acquisition (or after the expiration of the period established under the contract pursuant to paragraph (2)) to cover the actual development cost of the project until the project complies with qualified development requirements; ``(D) authorizing the Secretary to withhold assistance for the operation of the project until the project complies with qualified development requirements; and ``(E) specifying any other lawful remedy agreed to by the Secretary and the public housing agency. ``(4) Definition of `qualified development requirements'.-- For purposes of this subsection, the term `qualified development requirements' means requirements or standards under law, or established pursuant to law by the Secretary, regarding the development or acquisition of public housing, which shall include site and neighborhood standards, design and construction standards, cost guidelines, environmental requirements, zoning compliance, selection of utilities, and such other requirements or standards as the Secretary may provide. ``(5) Rule of construction.--This subsection may not be construed to waive, alter, annul, exempt, or affect the applicability of any qualified development requirements to any public housing project after the expiration of the period established under the contract for the project pursuant to paragraph (2).''. SEC. 3. CONSTRUCTION COMMENCEMENT REQUIREMENTS. Section 5(k) of the United States Housing Act of 1937 (42 U.S.C. 1437c(k)) is amended by adding at the end the following new sentence: ``A contract for contributions for development or acquisition of a public housing project that includes provisions authorized under subsection 6(f) may waive or alter the applicability of the requirements under this subsection with respect to the public housing project.''. | Public Housing Development Reform Amendments - Authorizes the Secretary of Housing and Urban Development to enter into contracts with high-performing public housing agencies to eliminate certain housing development interim review procedures. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Energy Emergency Consumer Protection Act of 2005''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Unfair or deceptive acts or practices in commerce related to gasoline and petroleum distillates. Sec. 3. Declaration of energy emergency. Sec. 4. Enforcement. Sec. 5. Enforcement by State attorneys general. Sec. 6. Penalties. Sec. 7. Effect on other laws. Sec. 8. Market transparency for crude oil, gasoline, and petroleum distillates. Sec. 9. Report on United States energy emergency preparedness. Sec. 10. Alternative fuels investment by major oil companies and automobile manufacturers. Sec. 11. Protective action to prevent future disruptions of supply. Sec. 12. Authorization of appropriations. SEC. 2. UNFAIR OR DECEPTIVE ACTS OR PRACTICES IN COMMERCE RELATED TO GASOLINE AND PETROLEUM DISTILLATES. (a) Sales to Consumers at Unconscionable Price.-- (1) In general.--During any energy emergency declared by the President under section 3, it is unlawful for any person to sell crude oil, gasoline, or petroleum distillates in, or for use in, the area to which that declaration applies at a price that-- (A) is unconscionably excessive; or (B) indicates the seller is taking unfair advantage of the circumstances to increase prices unreasonably. (2) Factors considered.--In determining whether a violation of paragraph (1) has occured, there shall be taken into account, among other factors, whether-- (A) the amount charged represents a gross disparity between the price of the crude oil, gasoline, or petroleum distillate sold and the price at which it was offered for sale in the usual course of the seller's business immediately prior to the energy emergency; or (B) the amount charged grossly exceeds the price at which the same or similar crude oil, gasoline, or petroleum distillate was readily obtainable by other purchasers in the area to which the declaration applies. (3) Mitigating factors.--In determining whether a violation of paragraph (1) has occurred, there also shall be taken into account, among other factors, the price that would reasonably equate supply and demand in a competitive and freely functioning market and whether the price at which the crude oil, gasoline, or petroleum distillate was sold reasonably reflects additional costs, not within the control of the seller, that were paid or incurred by the seller. (b) False Pricing Information.--It is unlawful for any person to report information related to the wholesale price of crude oil, gasoline, or petroleum distillates to the Federal Trade Commission if-- (1) that person knew, or reasonably should have known, the information to be false or misleading; (2) the information was required by law to be reported; and (3) the person intended the false or misleading data to affect data compiled by that department or agency for statistical or analytical purposes with respect to the market for crude oil, gasoline, or petroleum distillates. (c) Market Manipulation.--It is unlawful for any person, directly or indirectly, to use or employ, in connection with the purchase or sale of crude oil, gasoline, or petroleum distillates at wholesale, any manipulative or deceptive device or contrivance, in contravention of such rules and regulations as the Commission may prescribe as necessary or appropriate in the public interest or for the protection of United States citizens. SEC. 3. DECLARATION OF ENERGY EMERGENCY. (a) In General.--If the President finds that the health, safety, welfare, or economic well-being of the citizens of the United States is at risk because of a shortage or imminent shortage of adequate supplies of crude oil, gasoline, or petroleum distillates due to a disruption in the national distribution system for crude oil, gasoline, or petroleum distillates (including such a shortage related to a major disaster (as defined in section 102(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122))), or significant pricing anomalies in national energy markets for crude oil, gasoline, or petroleum distillates, the President may declare that a Federal energy emergency exists. (b) Scope and Duration.--The declaration shall apply to the Nation, a geographical region, or 1 or more States, as determined by the President, but may not be in effect for a period of more than 45 days. (c) Extensions.--The President may-- (1) extend a declaration under subsection (a) for a period of not more than 45 days; and (2) extend such a declaration more than once. SEC. 4. ENFORCEMENT UNDER FEDERAL TRADE COMMISSION ACT. (a) Enforcement by Commission.--This Act shall be enforced by the Federal Trade Commission. In enforcing section 2(a) of this Act, the Commission shall give priority to enforcement actions concerning companies with total United States wholesale or retail sales of crude oil, gasoline, and petroleum distillates in excess of $500,000,000 per year but shall not exclude enforcement actions against companies with total United States wholesale sales of $500,000,000 or less per year. (b) Violation Is Unfair or Deceptive Act or Practice.--The violation of any provision of this Act shall be treated as an unfair or deceptive act or practice proscribed under a rule issued under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). SEC. 5. ENFORCEMENT AT RETAIL LEVEL BY STATE ATTORNEYS GENERAL. (a) In General.--A State, as parens patriae, may bring a civil action on behalf of its residents in an appropriate district court of the United States to enforce the provisions of section 2(a) of this Act, or to impose the civil penalties authorized by section 6 for violations of section 2(a), whenever the attorney general of the State has reason to believe that the interests of the residents of the State have been or are being threatened or adversely affected by a person engaged in retail sales of gasoline or petroleum distillates to consumers for purposes other than resale that violates this Act or a regulation under this Act. (b) Notice.--The State shall serve written notice to the Commission of any civil action under subsection (a) prior to initiating such civil action. The notice shall include a copy of the complaint to be filed to initiate such civil action, except that if it is not feasible for the State to provide such prior notice, the State shall provide such notice immediately upon instituting such civil action. (c) Authority To Intervene.--Upon receiving the notice required by subsection (b), the Commission may intervene in such civil action and upon intervening-- (1) be heard on all matters arising in such civil action; and (2) file petitions for appeal of a decision in such civil action. (d) Construction.--For purposes of bringing any civil action under subsection (a), nothing in this section shall prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. (e) Venue; Service of Process.--In a civil action brought under subsection (a)-- (1) the venue shall be a judicial district in which-- (A) the defendant operates; (B) the defendant was authorized to do business; or (C) where the defendant in the civil action is found; (2) process may be served without regard to the territorial limits of the district or of the State in which the civil action is instituted; and (3) a person who participated with the defendant in an alleged violation that is being litigated in the civil action may be joined in the civil action without regard to the residence of the person. (f) Limitation on State Action While Federal Action Is Pending.--If the Commission has instituted a civil action or an administrative action for violation of this Act, no State attorney general, or official or agency of a State, may bring an action under this subsection during the pendency of that action against any defendant named in the complaint of the Commission or the other agency for any violation of this Act alleged in the complaint. (f) Enforcement of State Law.--Nothing contained in this section shall prohibit an authorized State official from proceeding in State court to enforce a civil or criminal statute of such State. SEC. 6. PENALTIES. (a) Civil Penalty.-- (1) In general.--In addition to any penalty applicable under the Federal Trade Commission Act-- (A) any person who violates section 2(b) or 2(c) of this Act is punishable by a civil penalty of not more than $1,000,000; and (B) any person who violates section 2(a) of this Act is punishable by a civil penalty of not more than $3,000,000. (2) Method of assessment.--The penalties provided by paragraph (1) shall be assessed in the same manner as civil penalties imposed under section 5 of the Federal Trade Commission Act (15 U.S.C. 45). (3) Multiple offenses; mitigating factors.--In assessing the penalty provided by subsection (a)-- (A) each day of a continuing violation shall be considered a separate violation; and (B) the Commission shall take into consideration the seriousness of the violation and the efforts of the person committing the violation to remedy the harm caused by the violation in a timely manner. (b) Criminal Penalty.--Violation of section 2(a) of this Act is punishable by a fine of not more than $1,000,000, imprisonment for not more than 5 years, or both. SEC. 7. EFFECT ON OTHER LAWS. (a) Other Authority of Commission.--Nothing in this Act shall be construed to limit or affect in any way the Commission's authority to bring enforcement actions or take any other measure under the Federal Trade Commission Act (15 U.S.C. 41 et seq.) or any other provision of law. (b) State Law.--Nothing in this Act preempts any State law. SEC. 8. MARKET TRANSPARENCY FOR CRUDE OIL, GASOLINE, AND PETROLEUM DISTILLATES. (a) In General.--The Federal Trade Commission shall facilitate price transparency in markets for the sale of crude oil and essential petroleum products at wholesale, having due regard for the public interest, the integrity of those markets, fair competition, and the protection of consumers. (b) Marketplace Transparency.-- (1) Dissemination of information.--In carrying out this section the Commission shall provide by rule for the dissemination, on a timely basis, of information about the availability and prices of wholesale crude oil, gasoline, and petroleum distillates to the Commission, States, wholesale buyers and sellers, and the public. (2) Protection of public from anticompetitive activity.--In determining the information to be made available under this section and time to make the information available, the Commission shall seek to ensure that consumers and competitive markets are protected from the adverse effects of potential collusion or other anticompetitive behaviors that can be facilitated by untimely public disclosure of transaction- specific information. (3) Protection of market mechanisms.--The Commission shall withhold from public disclosure under this section any information the Commission determines would, if disclosed, be detrimental to the operation of an effective market or jeopardize security. (c) Information Sources.-- (1) In general.--In carrying out subsection (b), the Commission may-- (A) obtain information from any market participant; and (B) rely on entities other than the Commission to receive and make public the information, subject to the disclosure rules in subsection (b)(3). (2) Published data.--In carrying out this section, the Commission shall consider the degree of price transparency provided by existing price publishers and providers of trade processing services, and shall rely on such publishers and services to the maximum extent possible. (3) Electronic information systems.--The Commission may establish an electronic information system if it determines that existing price publications are not adequately providing price discovery or market transparency. Nothing in this section, however, shall affect any electronic information filing requirements in effect under this Act as of the date of enactment of this section. (4) De minimus exception.--The Commission may not require entities who have a de minimus market presence to comply with the reporting requirements of this section. (d) Cooperation With Other Federal Agencies.-- (1) Memorandum of understanding.--Within 180 days after the date of enactment of this Act, the Commission shall conclude a memorandum of understanding with the Commodity Futures Trading Commission and other appropriate agencies (if applicable) relating to information sharing, which shall include provisions-- (A) ensuring that information requests to markets within the respective jurisdiction of each agency are properly coordinated to minimize duplicative information requests; and (B) regarding the treatment of proprietary trading information. (2) CFTC jurisdiction.--Nothing in this section may be construed to limit or affect the exclusive jurisdiction of the Commodity Futures Trading Commission under the Commodity Exchange Act (7 U.S.C. 1 et seq.). (e) Rulemaking.--Within 180 days after the date of enactment of this Act, the Commission shall initiate a rulemaking proceeding to establish such rules as the Commission determines to be necessary and appropriate to carry out this section. SEC. 9. REPORT ON UNITED STATES ENERGY EMERGENCY PREPAREDNESS. (a) Potential Impacts Report.--Within 30 days after the date of enactment of this Act, the Federal Trade Commission shall transmit to the Congress a report describing the potential impact on domestic prices of crude oil, residual fuel oil, and refined petroleum products that would result from the disruption for periods of 1 week, 1 year, and 5 years, respectively, of not less than-- (1) 30 percent of United States oil production; (2) 20 percent of United States refining capacity; and (3) 5 percent of global oil supplies. (b) Projections and Possible Remedies.--The President shall include in the report-- (1) projections of the impact any such disruptions would be likely to have on the United States economy; and (2) detailed and prioritized recommendations for remedies under each scenario covered by the report. SEC. 10. ALTERNATIVE FUELS INVESTMENT BY MAJOR OIL COMPANIES AND AUTOMOBILE MANUFACTURERS. The Comptroller General shall conduct an investigation within 1 year after the date of enactment of this Act and every 4 years thereafter of the extent to which companies with total United States wholesale or retail sales of crude oil, gasoline, and petroleum distillates in excess of $500,000,000 per year and automobile manufacturers have invested in alternative fuels production, infrastructure, and technology development to diversify the motor vehicle fuel and vehicle options available to consumers in the United States. At the conclusion of each such investigation, the Comptroller General shall transmit a report containing the findings and conclusions to the Congress. SEC. 11. PROTECTIVE ACTION TO PREVENT FUTURE DISRUPTIONS OF SUPPLY. The National Academy of Sciences shall review expenditures by, and activities undertaken by, companies with total United States wholesale or retail sales of crude oil, gasoline, and petroleum distillates in excess of $500,000,000 per year to protect the energy supply system from terrorist attacks, international supply disruptions, and natural disasters, and ensure a stable and reasonably priced supply of such products to consumers in the United States, that includes an assessment of the companies' preparations for the current forecasted period of more frequent and, due to global warming, more intense hurricane activity in the Gulf of Mexico and other vulnerable coastal areas. SEC. 12. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Federal Trade Commission such sums as may be necessary to carry out the provisions of this Act. D23/ | Energy Emergency Consumer Protection Act of 2005 - States that during any presidentially-declared energy emergency it is unlawful to sell crude oil, gasoline, or petroleum distillates in, or for use in, the area involved at a price that: (1) is unconscionably excessive; or (2) indicates the seller is taking unfair advantage of the circumstances to increase prices unreasonably. Makes it unlawful to: (1) report to the Federal Trade Commission (FTC) false or misleading data and information regarding the wholesale price of crude oil, gasoline, or petroleum distillates; or (2) use or employ, in connection with the purchase or sale of crude oil, gasoline, or petroleum distillates at wholesale, any manipulative or deceptive device or contrivance, in contravention of FTC-prescribed rules and regulations. Authorizes the President to declare a federal energy emergency if the health, safety, welfare, or economic well-being of American citizens is at risk because there exists either: (1) an actual or imminent shortage of adequate supplies of crude oil, gasoline, or petroleum distillates due to a disruption in the national distribution system; or (2) significant pricing anomalies in national energy markets for such products. Empowers the FTC and state attorneys general to enforce this Act. Prescribes maximum civil and criminal penalties for violations of this Act. Instructs the FTC to: (1) facilitate price transparency in wholesale crude oil and petroleum product markets; and (2) conclude a memorandum of understanding with the Commodity Futures Trading Commission and other appropriate agencies relating to information sharing. Instructs the Comptroller General to investigate periodically the extent to which major oil companies and automobile manufacturers have invested in alternative fuels production, infrastructure, and technology development. Directs the National Academy of Sciences to review expenditures and activities by major U.S. companies to protect the energy supply system from terrorist attacks, international supply disruptions, and natural disasters, and ensure a stable and reasonably priced supply of such products to consumers. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Coastal State Climate Change Planning Act''. SEC. 2. PLANNING FOR CLIMATE CHANGE IN THE COASTAL ZONE. (a) In General.--The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) is amended by adding at the end the following: ``climate change adaptation planning ``Sec. 320. (a) In General.--The Secretary shall establish consistent with the national policies set forth in section 303 a coastal climate change adaptation planning and response program to-- ``(1) provide assistance to coastal states to voluntarily develop coastal climate change adaptation plans pursuant to approved management programs approved under section 306, to minimize contributions to climate change and to prepare for and reduce the negative consequences that may result from climate change in the coastal zone; and ``(2) provide financial and technical assistance and training to enable coastal states to implement plans developed pursuant to this section through coastal states' enforceable policies. ``(b) Guidelines.--Within 180 days after the date of enactment of this section, the Secretary, in consultation with the coastal states, shall issue guidelines for the implementation of the grant program established under subsection (c). ``(c) Climate Change Adaptation Planning Grants.-- ``(1) In general.--The Secretary, subject to the availability of appropriations, may make a grant to any coastal state for the purpose of developing climate change adaptation plans pursuant to guidelines issued by the Secretary under subsection (b). ``(2) Plan content.--A plan developed with a grant under this section shall include the following: ``(A) Identification of public facilities and public services, working waterfronts, coastal resources of national significance, coastal waters, energy facilities, or other land and water uses located in the coastal zone that are likely to be impacted by climate change. ``(B) Adaptive management strategies for land use to respond or adapt to changing environmental conditions, including strategies to protect biodiversity, protect water quality, and establish habitat buffer zones, migration corridors, and climate refugia. ``(C) Requirements to initiate and maintain long- term monitoring of environmental change to assess coastal zone adaptation and to adjust when necessary adaptive management strategies and new planning guidelines to attain the policies under section 303. ``(D) Other information considered necessary by the Secretary to identify the full range of climate change impacts affecting coastal communities. ``(3) State hazard mitigation plans.--Plans developed with a grant under this section shall be consistent with State hazard mitigation plans and natural disaster response and recovery programs developed under State or Federal law. ``(4) Allocation.--Grants under this section shall be available only to coastal states with management programs approved by the Secretary under section 306 and shall be allocated among such coastal states in a manner consistent with regulations promulgated pursuant to section 306(c). ``(5) Priority.--In the awarding of grants under this subsection the Secretary may give priority to any coastal state that has received grant funding to develop program changes pursuant to paragraphs (1), (2), (3), (5), (6), (7), and (8) of section 309(a). ``(6) Technical assistance.--The Secretary may provide technical assistance to a coastal state consistent with section 310 to ensure the timely development of plans supported by grants awarded under this subsection. ``(7) Federal approval.--In order to be eligible for a grant under subsection (d), a coastal state must have its plan developed under this section approved by the Secretary. ``(d) Coastal Adaptation Project Grants.-- ``(1) In general.--The Secretary, subject to the availability of appropriations, may make grants to any coastal state that has a climate change adaptation plan approved under subsection (c)(7), in order to support projects that implement strategies contained within such plans. ``(2) Program requirements.--The Secretary within 90 days after approval of the first plan approved under subsection (c)(7), shall publish in the Federal Register requirements regarding applications, allocations, eligible activities, and all terms and conditions for grants awarded under this subsection. No less than 30 percent, and no more than 50 percent, of the funds appropriated in any fiscal year for grants under this subsection shall be awarded through a merit- based competitive process. ``(3) Eligible activities.--The Secretary may award grants to coastal states to implement projects in the coastal zone to address stress factors in order to improve coastal climate change adaptation, including the following: ``(A) Activities to address physical disturbances within the coastal zone, especially activities related to public facilities and public services, tourism, sedimentation, ocean acidification, and other factors negatively impacting coastal waters, and fisheries- associated habitat destruction or alteration. ``(B) Monitoring, control, or eradication of disease organisms and invasive species. ``(C) Activities to address the loss, degradation, or fragmentation of wildlife habitat through projects to establish or protect marine and terrestrial habitat buffers, wildlife refugia, other wildlife refuges, or networks thereof, preservation of migratory wildlife corridors and other transition zones, and restoration of fish and wildlife habitat. ``(D) Implementation of projects to reduce, mitigate, or otherwise address likely impacts caused by natural hazards in the coastal zone, including sea level rise, coastal inundation, coastal erosion and subsidence, severe weather events such as cyclonic storms, tsunamis and other seismic threats, and fluctuating Great Lakes water levels. ``(E) Provide technical training and assistance to local coastal policy makers to increase awareness of science, management, and technology information related to climate change and adaptation strategies. ``(4) Promotion and use of national estuarine research reserves.--The Secretary shall promote and encourage the use of National Estuarine Research Reserves as sites for pilot or demonstration projects carried out with grants awarded under this section.''. (b) Authorization of Appropriations.--Section 318(a) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1464) is further amended by striking ``and'' after the semicolon at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting ``; and'', and by adding at the end the following: ``(3) for grants under subsections (c) and (d) of section 320, such sums as are necessary.''. (c) Intent of Congress.--Nothing in this section shall be construed to require any coastal state to amend or modify its approved management program pursuant to section 306(e) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1455(e)), or to extend the enforceable policies of a coastal state beyond the coastal zone as identified in the coastal state's approved management program. | Coastal State Climate Change Planning Act This bill amends the Coastal Zone Management Act of 1972 to direct the Department of Commerce to establish a coastal climate change adaptation planning and response program which shall assist coastal states with the voluntary development of coastal climate change adaptation plans in order to: (1) minimize contributions to climate change, and (2) prepare for and reduce the negative consequences that may result from climate change in the coastal zone. The program must also provide financial and technical assistance and training to implement the plans through enforceable state policies. Commerce may make grants to coastal states for developing the plans and supporting projects that implement strategies contained in approved plans. Commerce must promote and encourage the use of National Estuarine Research Reserves as sites for pilot or demonstration projects carried out with the grants. |
SECTION 1. FINDINGS. Congress finds the following: (1) On January 19, 1984, the Secretary of State determined that the Islamic Republic of Iran is a state sponsor of terrorism. (2) The Qods Force is the elite external operations branch of the Iran's Islamic Revolutionary Guard Corps and the Iranian regime's primary mechanism for cultivating and supporting terrorists abroad. (3) The Qods Force provides aid in the form of weapons, training, and funding to Hamas and other Palestinian terrorist groups, Lebanese Hizballah, Iraq-based militants, and Taliban fighters in Afghanistan. (4) The Qods Force is behind some of the deadliest terrorist attacks of the past three decades, including the 1983 and 1984 bombings of the United States Embassy and annex in Beirut, the 1983 bombing of the Marine barracks in Beirut, the 1992 bombing of the Israeli embassy in Buenos Aires, 1994 attack on the AMIA Jewish Community Center in Buenos Aires, and the 1996 Khobar Towers bombing in Saudi Arabia. (5) In 2007, President George W. Bush and General David Petraeus, the top U.S. commander in Iraq, accused Iran's Qods Force of aiding militias in killing American soldiers in Iraq. (6) In 2007, the U.S. Department of the Treasury designated the Qods Force for providing material support to the Taliban and other terrorist organizations. (7) On October 25, 2007, Iran's Islamic Revolutionary Guard Corps Qods Force was sanctioned under Executive Order 13382, for supporting proliferation of weapons of mass destruction. (8) Section 1258 of the National Defense Authorization Act for Fiscal Year 2008 expressed the sense of Congress that ``the United States should designate Iran's Islamic Revolutionary Guards Corps as a foreign terrorist organization under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189) and place the Islamic Revolutionary Guards Corps on the list of Specially Designated Global Terrorists, as established under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) and initiated under Executive Order 13224 (September 23, 2001)''. (9) In the period following the June 2009 presidential election in Iran, the Qods Force was implicated in custodial deaths and the killings of election protesters and committed other acts of politically motivated violence, including torture, beatings, and rape. (10) On April 29, 2011, President Obama issued Executive Order 13572, Blocking Property of Certain Persons With Respect to Human Rights Abuses in Syria, including the Qods Force, for the repression of the people of Syria, manifested most recently by the use of violence and torture against, and arbitrary arrests and detentions of, peaceful protestors by police, security forces, and other entities that have engaged in human rights abuses, which constitute an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States. (11) On October 11, 2011, the U.S. Department of Justice announced that two members of Iran's Qods Force were charged in an alleged plot to assassinate the Saudi Arabian Ambassador to the Unites States. The criminal complaint against them included charges of conspiracy to murder a foreign official; conspiracy to engage in foreign travel and use of interstate and foreign commerce facilities in the commission of murder-for-hire; conspiracy to use a weapon of mass destruction (explosives); and conspiracy to commit an act of international terrorism transcending national boundaries. (12) On March 7, 2012, the U.S. Department of the Treasury designated Iran's Qods Force General Gholamreza Baghbani as a Specially Designated Narcotics Trafficker for the role that the Qods Force played in its scheme to support terrorism. (13) Iran's Qods Force stations operatives in foreign embassies, charities, and religious and cultural institutions to foster relationships, often building on existing socio- economic ties with the well-established Shia Diaspora, and recent years have witnessed an increased presence in Latin America. SEC. 2. DESIGNATION OF IRAN'S ISLAMIC REVOLUTIONARY GUARD CORPS QODS FORCE AS A FOREIGN TERRORIST ORGANIZATION. The Secretary of State shall designate Iran's Islamic Revolutionary Guard Corps Qods Force as a foreign terrorist organization under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189). SEC. 3. REPORT. The Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report on terrorist activities of Iran's Islamic Revolutionary Guard Corps Qods Force. | Directs the Secretary of State to: (1) designate Iran's Revolutionary Guard Corps (IRGC) as a foreign terrorist organization, and (2) report to Congress on IRGC terrorist activities. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Burma Human Rights and Democracy Act of 2013''. SEC. 2. ASSISTANCE FOR THE GOVERNMENT OF BURMA. (a) Limitation.-- (1) In general.--Except as provided in paragraph (2), no funds authorized to be appropriated or otherwise made available for fiscal year 2014 for the Department of Defense may be made available for assistance to the Government of Burma unless the Secretary of State certifies to the appropriate congressional committees that-- (A) the Government of Burma has taken concrete steps toward-- (i) establishing civilian oversight of the armed forces; (ii) addressing human rights abuses by the Burmese military, including publicly acknowledging that human rights abuses have been and continue to be committed by the Burmese military, and committing to a zero tolerance policy against such human rights abuses; and (iii) terminating military relations with North Korea; (B) the Government of Burma has taken concrete steps to establish a fair, transparent and inclusive process to amend the Constitution of Burma, including the full participation of the political opposition and all ethnic minority groups, and the constitutional reform process will provide the basis for free, fair, and competitive elections in Burma; (C) the Government of Burma has amended its constitution and laws to ensure civilian control of the military and implemented reforms to increase the transparency and accountability of the military's budget and operations, and the Burmese military has taken substantial and meaningful steps to divest itself from ownership of commercial businesses; (D) the Government of Burma is showing meaningful and well-documented efforts to promote peace agreements or political reconciliation and equal and fair treatment of all ethnic groups in conflict areas or areas of unrest, and to actively address the resettlement and humanitarian situation of displaced persons; and (E) the Burmese military is-- (i) improving its human rights record, as measured by consistent decreases in reports of forced labor, indefinite detention, torture, or cruel, inhumane, and degrading treatment of detainees, and use in armed conflict of indiscriminate or disproportionate methods and means of attack; (ii) demonstrating a genuine interest in reform by ceasing attacks against ethnic minority groups in both ceasefire and non- ceasefire areas; (iii) taking steps to withdraw forces from conflict zones, including by halting the use of soldiers in economic development projects; (iv) adhering to the conditions of ceasefire agreements; and (v) signing and implementing a code of conduct. (2) Exception.--The restriction in paragraph (1) does not apply to consultation and basic training on human rights and disaster response for the Burmese military, including training for the Burmese military and civilian leadership on international law, civilian control of the military, and justice and accountability mechanisms both through the chain of command and civilian authority, except that such consultation and training shall occur in conjunction with engagement with ethnic armed groups and conducted in a manner that will not enhance the Burmese military's capabilities against ethnic minorities. (b) Report.-- (1) In general.--Not later than 120 days after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense, in concurrence with the Secretary of State, shall submit to the appropriate congressional committees a report on the strategy for, and plans and status of, military-to-military engagement between the United States Armed Forces and the Burmese military. (2) Elements.--The report required under paragraph (1) shall include the following elements: (A) A description and assessment of the Government of Burma's strategy for security sector reform, an identification and comprehensive analysis of those reform elements that the United States Government should support, and a multi-year cost estimate for providing such support. (B) The United States strategy for the military-to- military relationship between the United States and Burma, including a description of how and why such engagements are necessary for United States national security. (C) An assessment of the human rights record of the Burmese military over the past decade, including-- (i) an account of violations of human rights and laws of armed conflict by the Burmese military and all paramilitary and security forces under its command, including against ethnic minority groups; (ii) a description of efforts by the Burmese military to implement human rights reforms; and (iii) a description of the relationship between progress in the United States-Burma military-to-military relationship and such reforms. (D) An assessment of-- (i) any substantial and meaningful steps taken by the Burmese military to implement reforms to increase transparency and accountability of the military's budget and operations and to divest itself from ownership of commercial business; and (ii) the relationship between progress in the United States-Burma military-to-military relationship and such reforms. (E) A list of ongoing military-to-military activities conducted by the United States Government and other international donors, including a description of each such activity. (F) An update on activities that were listed in previous reporting. (G) A list of activities that are planned to occur over the upcoming year, with a written description of each. (H) A description of progress on the peaceful settlement of armed conflicts between the Government of Burma and ethnic minority groups, including the steps taken by the Burmese military to demonstrate respect for ceasefires, laws of armed conflict, and human rights provisions prohibiting rape, torture, forced labor, trafficking, and the use of child soldiers. (I) A description of the concrete steps the Government of Burma has taken-- (i) to establish a fair, transparent, and inclusive process to amend the Constitution of Burma; (ii) to promote peace agreements or political reconciliation and equal and fair treatment of all ethnic groups in conflict areas or areas of unrest; and (iii) to actively address the resettlement and humanitarian situation of displaced persons. (J) An assessment of the status of the Burmese military's cooperation with civilian authorities to investigate and resolve cases of human rights violations. (3) Form.--The report required under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex as necessary. (c) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means the congressional defense committees and the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. | Burma Human Rights and Democracy Act of 2013 - Prohibits FY2014 Department of Defense (DOD) funds from being made available to the government of Burma unless the Secretary of State certifies to Congress that: (1) Burma has taken steps toward establishing civilian oversight of the armed forces, addressing human rights abuses by the military, and terminating military relations with North Korea; (2) Burma has taken steps to establish a fair and inclusive process to amend the Constitution of Burma, including the full participation of the political opposition and ethnic minority groups; (3) Burma has amended its constitution and laws to ensure civilian control of the military; (4) Burma is promoting peace agreements or political reconciliation and is addressing the resettlement and humanitarian situation of displaced persons; and (5) the Burmese military is improving its human rights record, taking steps to withdraw forces from conflict zones, and implementing a code of conduct. Directs the Secretary of Defense to report annually to Congress on the status of military-to-military engagement between the U.S. Armed Forces and the Burmese military. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Reporting Employment Clarification Act of 1998''. SEC. 2. USE OF CONSUMER REPORTS FOR EMPLOYMENT PURPOSES. (a) Disclosure to Consumer.--Section 604(b)(2) of the Fair Credit Reporting Act (15 U.S.C. 1681b(b)(2)) is amended to read as follows: ``(2) Disclosure to consumer.-- ``(A) In general.--Except as provided in subparagraph (B), a person may not procure a consumer report, or cause a consumer report to be procured, for employment purposes with respect to any consumer, 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 employment purposes; and ``(ii) the consumer has authorized in writing (which authorization may be made on the document referred to in clause (i)) the procurement of the report by that person. ``(B) Application by mail, telephone, computer, or other similar means.--If a consumer described in subparagraph (C) applies for employment by mail, telephone, computer, or other similar means, at any time before a consumer report is procured or caused to be procured in connection with that application-- ``(i) the person who procures the consumer report on the consumer for employment purposes shall provide to the consumer, by oral, written, or electronic means, notice that a consumer report may be obtained for employment purposes, and a summary of the consumer's rights under section 615(a)(3); and ``(ii) the consumer shall have consented, orally, in writing, or electronically to the procurement of the report by that person. ``(C) Scope.--Subparagraph (B) shall apply to a person procuring a consumer report on a consumer in connection with the consumer's application for employment only if-- ``(i) the consumer is applying for a position over which the Secretary of Transportation has the power to establish qualifications and maximum hours of service pursuant to the provisions of section 31502 of title 49, or a position subject to safety regulation by a State transportation agency; and ``(ii) as of the time at which the person procures the report or causes the report to be procured the only interaction between the consumer and the person in connection with that employment application has been by mail, telephone, computer, or other similar means.''. (b) Conditions on Use for Adverse Actions.--Section 604(b)(3) of the Fair Credit Reporting Act (15 U.S.C. 1681b(b)(3)) is amended to read as follows: ``(3) Conditions on use for adverse actions.-- ``(A) In general.--Except as provided in subparagraph (B), in using a consumer report for employment purposes, before taking any adverse action based in whole or in part on the report, the person intending to take such adverse action shall provide to the consumer to whom the report relates-- ``(i) a copy of the report; and ``(ii) a description in writing of the rights of the consumer under this title, as prescribed by the Federal Trade Commission under section 609(c)(3). ``(B) Application by mail, telephone, computer, or other similar means.-- ``(i) If a consumer described in subparagraph (C) applies for employment by mail, telephone, computer, or other similar means, and if a person who has procured a consumer report on the consumer for employment purposes takes adverse action on the employment application based in whole or in part on the report, then the person must provide to the consumer to whom the report relates, in lieu of the notices required under subparagraph (A) of this section and under section 615(a), within 3 business days of taking such action, an oral, written or electronic notification-- ``(I) that adverse action has been taken based in whole or in part on a consumer report received from a consumer reporting agency; ``(II) of the name, address and telephone number of the consumer reporting agency that furnished the consumer report (including a toll-free telephone number established by the agency if the agency compiles and maintains files on consumers on a nationwide basis); ``(III) that the consumer reporting agency did not make the decision to take the adverse action and is unable to provide to the consumer the specific reasons why the adverse action was taken; and ``(IV) that the consumer may, upon providing proper identification, request a free copy of a report and may dispute with the consumer reporting agency the accuracy or completeness of any information in a report. ``(ii) If, under clause (B)(i)(IV), the consumer requests a copy of a consumer report from the person who procured the report, then, within 3 business days of receiving the consumer's request, together with proper identification, the person must send or provide to the consumer a copy of a report and a copy of the consumer's rights as prescribed by the Federal Trade Commission under section 609(c)(3). ``(C) Scope.--Subparagraph (B) shall apply to a person procuring a consumer report on a consumer in connection with the consumer's application for employment only if-- ``(i) the consumer is applying for a position over which the Secretary of Transportation has the power to establish qualifications and maximum hours of service pursuant to the provisions of section 31502 of title 49, or a position subject to safety regulation by a State transportation agency; and ``(ii) as of the time at which the person procures the report or causes the report to be procured the only interaction between the consumer and the person in connection with that employment application has been by mail, telephone, computer, or other similar means.''. SEC. 3. PROVISION OF SUMMARY OF RIGHTS. Section 604(b)(1)(B) of the Fair Credit Reporting Act (15 U.S.C. 1681b(b)(1)(B)) is amended by inserting ``, or has previously provided,'' before ``a summary''. SEC. 4. NATIONAL SECURITY INVESTIGATION CONFORMING AMENDMENTS. (a) Government as End User.--Section 609(a)(3) of the Fair Credit Reporting Act (15 U.S.C. 1681g(a)(3)) is amended by adding at the end the following: ``(C) Subparagraph (A) does not apply if-- ``(i) the end user is an agency or department of the United States Government that procures the report from the person for purposes of determining the eligibility of the consumer to whom the report relates to receive access or continued access to classified information (as defined in section 604(b)(4)(E)(i)); and ``(ii) the head of the agency or department makes a written finding as prescribed under section 604(b)(4)(A).''. (b) National Security Investigations.--Section 613 of the Fair Credit Reporting Act (15 U.S.C. 1681k) is amended-- (1) by inserting ``(a) In General.--'' before ``A consumer''; and (2) by adding at the end the following: ``(b) Exemption for National Security Investigations.--Subsection (a) does not apply in the case of an agency or department of the United States Government that seeks to obtain and use a consumer report for employment purposes, if the head of the agency or department makes a written finding as prescribed under section 604(b)(4)(A).''. SEC. 5. CIVIL SUITS AND JUDGMENTS. Section 605(a) of the Fair Credit Reporting Act (15 U.S.C. 1681c(a)) is amended-- (1) in paragraph (2), by striking ``Suits and Judgments which'' and inserting ``Civil suits, civil judgments, and records of arrest that''; (2) by striking paragraph (5); (3) in paragraph (6), by inserting ``, other than records of convictions of crimes'' after ``of information''; and (4) by redesignating paragraph (6) as paragraph (5). SEC. 6. TECHNICAL AMENDMENTS. The Fair Credit Reporting Act (15 U.S.C. 1601 et seq.) is amended-- (1) in section 603(d)(2)(A)(iii), by striking ``any communication'' and inserting ``communication''; (2) in section 603(o)(1), by striking ``(d)(2)(E)'' and inserting ``(d)(2)(D)''; (3) in section 603(o)(4), by striking ``or'' at the end and inserting ``and''; (4) in section 604(g), by striking ``or a direct marketing transaction''; (5) in section 611(a)(7), by striking ``(6)(B)(iv)'' and inserting ``(6)(B)(iii)''; and (6) in section 621(b), by striking ``or (e)''. SEC. 7. EFFECTIVE DATE. The amendments made by this Act shall be deemed to have the same effective date as the amendments made by section 2403 of the Consumer Credit Reporting Reform Act of 1996 (Public Law 104-208; 110 Stat. 3009-1257). Speaker of the House of Representatives. Vice President of the United States and President of the Senate. | Consumer Reporting Employment Clarification Act of 1998 - Amends the Fair Credit Reporting Act to allow notice and consent requirements (regarding procurement of a consumer report for employment purposes) to be handled by oral, written, or electronic means when: (1) the consumer involved applies for certan motor carrier employment positions regulated by the Secretary of Transportation or a State transportation agency; and (2) the only interaction at that point between the applicant and the report procurer has been by such means. Allows such means to be used in those circumstances when an adverse action is taken based on the report. (Sec. 3) Allows a consumer reporting agency to furnish such a report only if the agency meets certain requirements, including providing with the report, or having previously provided, a summary (currently, providing with the report a summary) of the consumer's rights. (Sec. 4) Provides national security exemptions for a consumer reporting agency from requirements to disclose to a consumer: (1) the identity of each person that procured a report on that consumer; and (2) that public record information was reported that is likely to have an adverse effect on a consumer's ability to obtain employment. (Sec. 5) Prohibits a consumer reporting agency from reporting on civil suits, civil judgments, and arrest records (currently, reporting on suits and judgments) that are more that seven years before the report or until the governing statute of limitations has expired, whichever is longer. Removes provisions prohibiting the reporting of certain criminal matters more than seven years before the report. Exempts records of criminal convictions from the general prohibition of reporting matters over seven years old. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Fuel Cell Industrial Vehicle Jobs Act of 2011''. SEC. 2. MODIFICATIONS OF CREDIT FOR QUALIFIED FUEL CELL MOTOR VEHICLES. (a) Credit Amounts.-- (1) In general.--Paragraph (1) of section 30B(b) of the Internal Revenue Code of 1986 is amended by redesignating subparagraphs (B) through (D) as subparagraphs (C) through (E), respectively, and by striking subparagraph (A) and inserting the following new subparagraphs: ``(A) $4,000 if such vehicle is a motor vehicle as described in subsection (b)(4)(A) and has a gross vehicle weight rating of not more than 8,500 pounds, ``(B) $8,000 if such vehicle is a motor vehicle as described in subsection (h)(1) and has a gross vehicle weight rating of not more than 8,500 pounds,''. (2) Conforming amendment.--Section 30B(b)(2)(A) of such Code is amended by striking ``paragraph (1)(A)'' and inserting ``paragraph (1)(B)''. (b) Credit for Certain Off-Highway Vehicles.--Subsection (b) of section 30B of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(4) Special rules for certain off-highway vehicles.--For purposes of this subsection-- ``(A) In general.--The term `motor vehicle' includes any vehicle which is manufactured primarily for use in carrying or towing loads or materials for commercial or industrial purposes, whether or not on public streets, roads, and highways and regardless of the type of load or material carried or towed. The preceding sentence shall not include any vehicle operated exclusively on a rail or rails and any vehicle operated primarily for recreational purposes. ``(B) Additional credit.-- ``(i) Vehicles not more than 8,500 pounds.--In the case of a vehicle which is a motor vehicle solely by reason of subparagraph (A) that has a gross vehicle weight rating of not more than 8,500 pounds, the amount determined under paragraph (1) shall be increased by $1,500 if such vehicle's fuel cell system achieves an electricity generation efficiency of at least 40 percent based on the lower heating value of the fuel. ``(ii) Other vehicles.--In the case of a vehicle which is a motor vehicle solely by reason of subparagraph (A) that has a gross vehicle weight rating of more than 8,500 pounds, the amount determined under paragraph (1) shall be increased by-- ``(I) $2,000 if such vehicle's fuel cell system achieves an electricity generation efficiency of at least 40 percent but less than 50 percent based on the lower heating value of the fuel, or ``(II) $4,000 if such vehicle's fuel cell system achieves an electricity generation efficiency of at least 50 percent based on the lower heating value of the fuel. ``(C) Certain standards not to apply.--Subsection (h)(10) shall not apply to a vehicle which is a motor vehicle solely by reason of subparagraph (A). ``(D) Placed in service date.--The credit determined under this subsection shall only be available in the case of any vehicle which is a motor vehicle solely by reason of subparagraph (A) if such vehicle is placed in service after December 31, 2010.''. (c) Effective Date.--The amendments made by this section shall apply to vehicles placed in service after December 31, 2010, in taxable years ending after such date. SEC. 3. ENERGY CREDIT FOR FUEL CELL MOTIVE PROPERTY. (a) In General.--Section 48 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(e) New Qualified Fuel Cell Motive Property Credit.-- ``(1) In general.--In the case of new qualified fuel cell motive property placed in service during the taxable year, the energy credit for such taxable year with respect to such property is the sum of-- ``(A) $940 for each 0.5 kilowatt of capacity of such property if such property has a nameplate capacity of no more than 5.0 kilowatts of electricity, ``(B) $140 for each additional 0.5 kilowatt of capacity of such property above 5.0 kilowatts of capacity if such property has a nameplate capacity of no more than 15.0 kilowatts of electricity, and ``(C) $50 for each additional 0.5 kilowatt of capacity of such property above 15.0 kilowatts of capacity if such property has a nameplate capacity of more than 15.0 kilowatts of electricity. ``(2) Limitation.--The amount allowed as a credit under this section by reason of paragraph (1) shall not exceed $12,700 for each property placed in service during the taxable year. ``(3) New qualified fuel cell motive property.--For purposes of this subsection-- ``(A) In general.--The term `new qualified fuel cell motive property' means any qualified fuel cell property which is manufactured for use in powering qualified motive property-- ``(i) the original use of which commences with the taxpayer, and ``(ii) which is acquired by the taxpayer for use or lease, but not for resale. ``(B) Qualified motive property.--The term `qualified motive property' means any property which is manufactured primarily for carrying loads or materials for commercial or industrial purposes not on public streets, roads, highways, or rails or operated primarily for recreational purposes. ``(C) Termination.--Paragraph (1) shall not apply to any property placed in service after December 31, 2016.''. (b) Conforming Amendments.-- (1) Section 48(a)(1) of the Internal Revenue Code of 1986 is amended by striking ``subsection (c),'' and inserting ``subsection (c) and subsection (e),''. (2) Subparagraph (C) of section 48(c)(1) of such Code is amended to read as follows: ``(C) Fuel cell power plant.--The term `fuel cell power plant' means an integrated system comprised of a fuel cell stack assembly which converts a fuel into electricity using electrochemical means and the associated balance of plant components.''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2010, in taxable years ending after such date. | Fuel Cell Industrial Vehicle Jobs Act of 2011 - Amends the Internal Revenue Code to: (1) allow a $4,000 new qualified fuel cell motor vehicle tax credit for motor vehicles weighing not more than 8,500 pounds that are manufactured primarily for use in carrying or towing loads or materials for commercial or industrial purposes (off-highway vehicles); (2) continue the maximum dollar amount of $8,000 for motor vehicles with at least 4 wheels weighing not more than 8,500 pounds that are manufactured primarily for use on public streets, roads and highways; (3) allow an enhanced credit for light (not more than 8,500 pounds) and heavy (more than 8,500 pounds) vehicles if such vehicles' fuel cell systems achieve a specified electricity generation efficiency rating; and (4) allow a new energy tax credit, through December 31, 2016, for qualified fuel cell property that is manufactured for use in powering qualified motive property. Defines "qualified motive property" as property which is manufactured primarily for carrying loads or materials for commercial or industrial purposes not on public streets, road, highways, or rails or operated primarily for recreational purposes. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Steel Industry Preservation Act''. SEC. 2. EXTENSION AND MODIFICATION OF CREDIT FOR STEEL INDUSTRY FUEL. (a) Credit Period.-- (1) In general.--Subclause (II) of section 45(e)(8)(D)(ii) of the Internal Revenue Code of 1986 is amended to read as follows: ``(II) Credit period.--In lieu of the 10-year period referred to in clauses (i) and (ii)(II) of subparagraph (A), the credit period shall be the period beginning on the first date that the facility first produces steel industry fuel that is sold to an unrelated person after the date of the enactment of the Steel Industry Preservation Act, and ending 10 years after such first date.''. (2) Conforming amendment.--Section 45(e)(8)(D) of such Code is amended by striking clause (iii) and by redesignating clause (iv) as clause (iii). (b) Extension of Placed-in-Service Date.--Subparagraph (A) of section 45(d)(8) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``(or any modification to a facility)''; (2) by striking ``placed in service before'' and inserting ``placed in service-- ``(i) before''; (3) by striking ``and'' at the end and inserting ``or''; and (4) by adding at the end the following new clause: ``(ii) after the date of the enactment of this clause and before January 1, 2019, and''. (c) Clarifications.-- (1) Steel industry fuel.--Subclause (I) of section 45(c)(7)(C)(i) of the Internal Revenue Code of 1986 is amended by inserting ``, or a blend of coal and petroleum coke, or other coke feedstock'' after ``on coal''. (2) Ownership interest.--Section 45(d)(8) of such Code is amended by adding at the end the following new flush sentence: ``With respect to a facility producing steel industry fuel, no person (including a ground lessor, customer, supplier, or technology licensor) shall be treated as having an ownership interest in the facility or as otherwise entitled to the credit allowable under this section with respect to such facility if such person's rent, license fee, or other entitlement to net payments from the owner of such facility is measured by a fixed dollar amount or a fixed amount per ton, or otherwise determined without regard to the profit or loss of such facility.''. (3) Production and sale.--Subparagraph (D) of section 45(e)(8) of such Code, as amended by subsection (a)(2), is amended by redesignating clause (iii) as clause (iv) and by inserting after clause (ii) the following new clause: ``(iii) Production and sale.--The owner of a facility producing steel industry fuel shall be treated as producing and selling steel industry fuel where that owner manufactures such steel industry fuel from coal, a blend of coal and petroleum coke, or other coke feedstock to which it has title. The sale of such steel industry fuel by the owner of the facility to a person who is not the owner of the facility shall not fail to qualify as a sale to an unrelated person solely because such purchaser may also be a ground lessor, supplier, or customer.''. (d) Election To Increase Credit in Lieu of Steel Industry Fuel Deductions.--Paragraph (8) of section 45(e) is amended by adding at the end the following new subparagraph: ``(E) Election for increased credit in lieu of deductions for steel industry fuel.--In the case of a taxpayer who produces steel industry fuel-- ``(i) In general.--At the election of the taxpayer-- ``(I) no deduction shall be allowed with respect to expenses made in connection with the production and sale of steel industry for such taxable year which are otherwise deductible under this chapter (determined without regard to this subparagraph), ``(II) no expense made in connection with the production of and sale of steel industry fuel which is otherwise chargeable to capital account in such taxable year shall be so charged, and ``(III) the credit determined under this section (without regard to this subparagraph) for such taxable year shall be increased by an amount equal to the product of the sum of the amounts to which subclauses (I) and (II) apply and the maximum rate of tax applicable under section 1 or 11 (b)(1), as applicable to the taxpayer in such taxable year. ``(ii) Application to partnerships and s corporations.--In the case of a partnership or S corporation, the election shall be made at the partnership or S corporation level. ``(iii) Election.--An election under this subparagraph for any taxable year shall be made not later than the time for filing the return of tax for such year (including extensions), in such manner as the Secretary may prescribe. Such an election, once made, shall be irrevocable.''. (e) Specified Credit for Purposes of Alternative Minimum Tax Exclusion.--Subclause (II) of section 38(c)(4)(B)(iv) of the Internal Revenue Code of 1986 is amended by inserting ``(in the case of a refined coal production facility producing steel industry fuel, during the credit period set forth in section 45(e)(8)(D)(ii)(II))'' after ``service''. (f) Application of Certain Rules to Steel Industry Fuel.-- (1) Activity not engaged in for profit.--Section 183 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(f) Exception.--This section shall not apply to any deduction with respect to the production of steel industry fuel (as defined in section 45(c)(7)(C)).''. (2) Application of economic substance doctrine.-- (A) In general.--Subsection (o) of section 7701 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(6) Non-application to steel industry fuel.--The economic substance doctrine shall not apply to any transaction to the extent such transaction relates to steel industry fuel (as defined in section 45(c)(7)(C)).''. (B) Conforming amendment.--Paragraph (5)(C) of section 7701(o) of such Code is amended by striking ``The determination'' and inserting ``Except as provided in paragraph (6), the determination''. (g) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to fuel produced and sold after the date of the enactment of this Act, in taxable years ending after such date. (2) Application of economic substance rules.--The amendments made by subsection (f)(2) shall apply to transactions entered into after the date of the enactment of this Act. | Steel Industry Preservation Act This bill amends the Internal Revenue Code to extend and modify the production tax credit for steel industry fuel. (Under current law, steel industry fuel is a fuel which is: (1) produced through a process of liquefying coal waste sludge and distributing it on coal, and (2) used as a feedstock for the manufacture of coke.) The bill modifies the tax credit for steel industry fuel to: extend the credit period and the placed-in-service date, revise the definition of "steel industry fuel" to allow blends of coal and petroleum coke or other coke feedstock in the fuel, set forth ownership requirements, and specify requirements for treating an owner as producing and selling steel industry fuel. A taxpayer that produces steel industry fuel may elect to accept an increased tax credit in lieu of certain deductions for expenses in connection with the production of steel industry fuel. The bill specifies the treatment of the credit for the purpose of the alternative minimum tax. It also exempts transactions related to steel industry fuel from rules that restrict deductions and other tax benefits for activities that are not engaged in for profit or that do not have economic substance. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Holocaust Insurance Accountability Act of 2011''. SEC. 2. FINDINGS. Congress finds the following: (1) The Holocaust, an event in which millions of people endured enormous suffering through torture and other violence, including the murder of 6,000,000 Jews and millions of others, the destruction of families and communities, and the theft of their assets, was one of the most heinous crimes in human history. (2) Before and during World War II, millions of people purchased insurance policies to safeguard family assets, plan for retirement, provide for a dowry, or save for their children's education. (3) When Holocaust survivors and heirs and beneficiaries of Holocaust victims presented claims to insurance companies after World War II, many were rejected because they did not have death certificates or physical possession of policy documents that had been confiscated by the Nazis or lost in the devastation of the Holocaust. (4) In many instances, insurance company records and records in government archives are the only proof of the existence of insurance policies belonging to Holocaust victims. (5) Holocaust survivors and heirs and beneficiaries of Holocaust victims have been attempting for decades to persuade insurance companies to settle unpaid insurance claims. (6) In 1998, the International Commission on Holocaust Era Insurance Claims (in this section referred to as ``ICHEIC'') was established by the National Association of Insurance Commissioners in cooperation with several European insurance companies, European regulators, the Government of Israel, and nongovernmental organizations with the promise that it would expeditiously address the issue of unpaid insurance policies issued to Holocaust victims. (7) On July 17, 2000, the United States and Germany signed an executive agreement in support of the German Foundation ``Remembrance, Responsibility, and the Future'', which designated ICHEIC to resolve all Holocaust-era insurance policies issued by German companies and their subsidiaries. (8) On January 17, 2001, the United States and Austria signed an executive agreement, which designated ICHEIC to resolve all Holocaust-era insurance policies issued by Austrian companies and their subsidiaries. (9) The ICHEIC process ended in 2007 and companies holding Holocaust-era insurance policies continue to withhold names of owners and beneficiaries of thousands of insurance policies sold to Jewish customers prior to World War II. (10) Experts estimate that only a small fraction of the policies estimated to have been sold to Jews living in Europe at the beginning of World War II have been paid through ICHEIC. (11) In American Insurance Association, Inc., v. Garamendi, the United States Supreme Court held that under the supremacy clause of the Constitution of the United States, executive agreements and executive foreign policy calling for insurance claims against German and Austrian companies to be handled within ICHEIC preempted State laws authorizing State insurance commissioners to subpoena company records and require publication of the names of Holocaust era policy holders. (12) In the Garamendi case, the Supreme Court stated that Congress, which has the power to regulate international commerce and prescribe Federal court jurisdiction, had not addressed disclosure and restitution of insurance policies of Holocaust victims. (13) Subsequent court decisions have dismissed Holocaust- era insurance claims brought against an Italian insurance company, even though there is no executive agreement between the United States and Italy. (14) Congress supports the rights of Holocaust survivors and the heirs and beneficiaries of Holocaust victims to obtain information from insurers and to bring legal actions in courts, wherever jurisdiction requirements are met, to recover unpaid funds from entities that participated in the theft of family insurance assets or the affiliates of such entities. (15) Congress intends for this Act to establish a Federal private right of action to allow Holocaust survivors and heirs and beneficiaries of victims to recover under their covered Holocaust-era insurance policies, and to allow for State causes of action and disclosure requirement laws regarding Holocaust- era insurance policies to be valid and not preempted. (16) This Act expresses the intent of Congress to deem valid State laws protecting the rights of Holocaust survivors and the heirs and beneficiaries of Holocaust victims to obtain information from insurers and to bring actions in courts of proper jurisdiction to recover unpaid funds from entities that participated in the theft of family insurance assets or the affiliates of such entities. (17) Insurance payments should be expedited to the victims of the most heinous crime of the 20th century to ensure that justice is served. (18) This Act will enable Holocaust survivors and heirs and beneficiaries of Holocaust victims to obtain compensation commensurate with the real monetary value of their losses. (19) Under the circumstances faced by Holocaust victims and their families, courts should be open to Holocaust survivors and heirs and beneficiaries of Holocaust victims for a reasonable number of years after the enactment of this Act, without regard to any other statutes of limitation. SEC. 3. PRIVATE RIGHT OF ACTION. (a) Civil Actions To Recover Under Covered Policies.--Any person who purchased a covered policy, or a beneficiary or heir of such person, may bring a civil action, in the appropriate United States district court, against the insurer for the covered policy or a related company of the insurer, to recover proceeds due under the covered policy or otherwise to enforce any rights under the covered policy. (b) Nationwide Service of Process.--For a civil action brought under subsection (a), process may be served in the judicial district where the case is brought or any other judicial district of the United States where the defendant may be found, resides, has an agent, or transacts business. (c) Remedies.--A court shall award to a prevailing beneficiary in a civil action brought under subsection (a)-- (1) the amount of the proceeds due under the covered policy; (2) prejudgment interest on the amount described in clause (i) from the date the amount was due until the date of judgment, calculated at a rate of 6 percent per year, compounded annually; and (3) any other appropriate relief necessary to enforce rights under the covered policy. SEC. 4. VALIDITY OF STATE LAWS. (a) Validity of Laws Creating Cause of Action.--Any State law creating a cause of action against any insurer or related company based on a claim arising out of or related to a covered policy shall not be invalid or preempted by reason of any executive foreign policy described in subsection (d)(1) or any executive agreement described in subsection (d)(2). (b) Validity of Laws Requiring Disclosure of Information.--Any State law that is enacted on or after March 1, 1998, and that requires an insurer doing business in that State, including any related company, to disclose information regarding any covered policy shall be deemed to be in effect on the date of the enactment of such law and shall not be invalid or preempted by reason of any executive foreign policy described in paragraph (1) of subsection (d) or any executive agreement described in paragraph (2) of subsection (d). (c) Executive Agreements and Executive Foreign Policy Covered.-- (1) Executive foreign policy.--An executive foreign policy described in this paragraph is a foreign policy of the executive branch of the Federal Government established before, on, or after the date of enactment of this Act. (2) Executive agreements.--An executive agreement described in this paragraph is an executive agreement between the United States and a foreign government entered into before, on, or after the date of enactment of this Act. (d) Statements of Interest.--No funds may be used by the Department of State, or any other department or agency of the United States, for the purpose of issuing a statement of interest seeking to encourage a court in the United States to dismiss any claim or action brought to recover compensation arising out of or related to a covered policy. SEC. 5. STATUTE OF LIMITATIONS. A court may not dismiss a claim or action that is brought under section 3, or under subsection (a) or (b) of section 4, within 10 years after the date of the enactment of this Act on the ground that the claim or action is barred under any statute of limitations or the doctrine of laches. SEC. 6. APPLICABILITY. (a) In General.--This Act shall apply to any claim or action that is brought, before, on, or after the date of the enactment of this Act, under section 3, or under a State law described in subsection (a) or (b) of section 4, including-- (1) any claim or action dismissed, before the date of the enactment of this Act, on the ground of executive preemption; and (2) any claim or action that is deemed released as a result of the settlement of a class action that was entered into before the date of the enactment of this Act, if the claimant did not receive any payment pursuant to the settlement. (b) Claims or Actions Not Precluded on Certain Grounds.--With respect to any claim or action brought under section 3, or under a State law described in subsection (a) or (b) of section 4, it shall not be a defense that the claim or action is or was precluded, barred, waived, discharged, or otherwise invalid under the doctrine of res judicata, collateral estoppel or any similar doctrine. SEC. 7. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Foreign Affairs in the House of Representatives, the Committee on Foreign Relations in the Senate, and the Committees on the Judiciary of the House of Representatives and the Senate. (2) Covered policy.-- (A) In general.--The term ``covered policy'' means any life, dowry, education, property, or other insurance policy that-- (i) was in effect at any time after January 30, 1933, and before December 31, 1945; and (ii) was issued to a policyholder domiciled in any area that was occupied or controlled by Nazi Germany. (B) Nazi germany.--In this paragraph, the term ``Nazi Germany'' means-- (i) the Nazi government of Germany; and (ii) any government in any area occupied by the military forces of the Nazi government of Germany. (3) Insurer.--The term ``insurer'' means any person engaged in the business of insurance (including reinsurance) in interstate or foreign commerce, if the person issued a covered policy, or a successor in interest to such person. (4) Legislative days.--The term ``legislative days'' means those days on which both Houses of Congress are in session. (5) Related company.--The term ``related company'' means an affiliate, as that term is defined in section 104(g) of the Gramm-Leach-Bliley Act (15 U.S.C. 6701(g)). | Holocaust Insurance Accountability Act of 2011 - Authorizes any person who purchased a covered policy, or a beneficiary or heir of such person, to bring a civil action in federal district court against the insurer, or a related company of the insurer, to recover proceeds due or enforce any rights under the policy. (Defines "covered policy" as any life, dowry, education, property, or other insurance policy that: (1) was in effect at any time between January 30, 1933, and December 31, 1945; and (2) was issued to a policyholder domiciled in any area occupied or controlled by Nazi Germany). Permits nationwide service of process in order to bring such civil action. Directs the court to award certain remedies to the prevailing beneficiary in such action. Prohibits any executive agreement between the United States and any foreign country from invalidating or preempting any state law creating a cause of action against an insurer or related company based upon a claim arising out of, or related to, a covered insurance policy by reason of either any specified executive foreign policy or specified executive agreement. Deems effective upon its enactment any state law enacted on or after March 1, 1998, which requires an insurer doing business in that state to disclose information regarding such covered policies. Prohibits any federal department or agency from expending funds for the purpose of issuing a statement of interest seeking to encourage a federal court to dismiss any claim or action brought to recover compensation arising out of or related to a covered policy. Prohibits a court from dismissing a claim or action brought under this Act within 10 years after its enactment on the ground that the claim or action is barred under any statute of limitations or the doctrine of laches. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Brady Handgun Violence Prevention Act''. SEC. 2. WAITING PERIOD REQUIRED BEFORE PURCHASE OF HANDGUN. (a) In General.--Section 922 of title 18, United States Code, is amended by adding at the end the following: ``(s)(1) It shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer to sell, deliver, or transfer a handgun to an individual who is not licensed under section 923, unless-- ``(A) after the most recent proposal of such transfer by the transferee-- ``(i) the transferor has-- ``(I) received from the transferee a statement of the transferee containing the information described in paragraph (3); ``(II) verified the identification of the transferee by examining the identification document presented; and ``(III) within one day after the transferee furnishes the statement, provided a copy of the statement to the chief law enforcement officer of the place of residence of the transferee; and ``(ii)(I) 7 days have elapsed from the date the transferee furnished the statement, and the transferor has not received information from the chief law enforcement officer that receipt or possession of the handgun by the transferee would be in violation of Federal, State, or local law; or ``(II) the transferor has received notice from the chief law enforcement officer that the officer has no information indicating that receipt or possession of the handgun by the transferee would violate Federal, State, or local law; ``(B) the transferee has presented to the transferor a written statement, issued by the chief law enforcement officer of the place of residence of the transferee during the 10-day period ending on the date of the most recent proposal of such transfer by the transferee, which states that the transferee requires access to a handgun because of a threat to the life of the transferee or of any member of the household of the transferee; ``(C)(i) the transferee has presented to the transferor a permit which-- ``(I) allows the transferee to possess a handgun; and ``(II) was issued not more than 5 years earlier by the State in which the transfer is to take place; and ``(ii) the law of the State provides that such a permit is to be issued only after an authorized government official has verified that the information available to such official does not indicate that possession of a handgun by the transferee would be in violation of law; ``(D) the law of the State-- ``(i) prohibits any licensed importer, licensed manufacturer, or licensed dealer from transferring a handgun to an individual who is not licensed under section 923, before at least 7 days have elapsed from the date the transferee proposes such transfer; or ``(ii) requires that, before any licensed importer, licensed manufacturer, or licensed dealer completes the transfer of a handgun to an individual who is not licensed under section 923, an authorized government official verifies that the information available to such official does not indicate that possession of a handgun by the transferee would be in violation of law; or ``(E) the transferor has received a report from any system of felon identification established by the Attorney General pursuant to section 6213(a) of the Anti-Drug Abuse Amendments Act of 1988, that available information does not indicate that possession or receipt of a handgun by the transferee would violate Federal, State, or local law. ``(2) Paragraph (1) shall not be interpreted to require any action by a chief law enforcement officer which is not otherwise required. ``(3) The statement referred to in paragraph (1)(A)(i)(I) shall contain only-- ``(A) the name, address, and date of birth appearing on a valid identification document (as defined in section 1028(d)(1)) of the transferee containing a photograph of the transferee and a description of the identification used; ``(B) a statement that the transferee-- ``(i) is not under indictment for, and has not been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year; ``(ii) is not a fugitive from justice; ``(iii) is not an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act); ``(iv) has not been adjudicated as a mental defective or been committed to a mental institution; ``(v) is not an alien who is illegally or unlawfully in the United States; ``(vi) has not been discharged from the Armed Forces under dishonorable conditions; and ``(vii) is not a person who, having been a citizen of the United States, has renounced such citizenship; ``(C) the date the statement is made; and ``(D) notice that the transferee intends to obtain a handgun from the transferor. ``(4) Any transferor of a handgun who, after such transfer, receives a report from a chief law enforcement officer containing information that receipt or possession of the handgun by the transferee violates Federal, State, or local law shall immediately communicate all information the transferor has about the transfer and the transferee to-- ``(A) the chief law enforcement officer of the place of business of the transferor; and ``(B) the chief law enforcement officer of the place of residence of the transferee. ``(5) Any transferor who receives information, not otherwise available to the public, in a report under this subsection shall not disclose such information except to the transferee, to law enforcement authorities, or pursuant to the direction of a court of law. ``(6)(A) Any transferor who sells, delivers, or otherwise transfers a handgun to a transferee shall retain the copy of the statement of the transferee with respect to the handgun transaction, and shall retain evidence that the transferor has complied with paragraph (1)(A)(i)(III) with respect to the statement. ``(B) Unless the chief law enforcement officer to whom a copy of the statement is sent determines that a transaction would violate Federal, State, or local law, the officer shall, within 30 days after the date the transferee made the statement, destroy the copy and any record containing information derived from the statement. ``(7) For purposes of this subsection, the term `chief law enforcement officer' means the chief of police, the sheriff, or an equivalent officer, or the designee of any such individual. ``(8) This subsection shall not apply to the sale of a firearm in the circumstances described in subsection (c). ``(9) The Secretary shall take necessary actions to assure that the provisions of this subsection are published and disseminated to dealers and to the public.''. (b) Handgun Defined.--Section 921(a) of such title is amended by adding at the end the following: ``(29) The term `handgun' means-- ``(A) a firearm which has a short stock and is designed to be held and fired by the use of a single hand; and ``(B) any combination of parts from which a firearm described in subparagraph (A) can be assembled.''. (c) Penalty.--Section 924(a) of such title is amended-- (1) in paragraph (1), by striking ``paragraph (2) or (3) of''; and (2) by adding at the end the following: ``(5) Whoever knowingly violates section 922(s) shall be fined not more than $1,000, imprisoned for not more than one year, or both.''. (d) Effective Date.--The amendments made by this Act shall apply to conduct engaged in 90 or more days after the date of the enactment of this Act. | Brady Handgun Violence Prevention Act - Makes it unlawful for any licensed importer, manufacturer, or dealer to sell, deliver, or transfer a handgun to an unlicensed individual unless: (1) the transferor has received a statement of eligibility from the individual, has notified the chief law enforcement officer for such individual's place of residence about the proposed transfer, and either has received a response that such transfer is not prohibited or has not received a response indicating otherwise within seven days; (2) the individual has presented a statement from the officer that the individual requires a handgun because of a threat to him or his family; (3) the individual has presented a handgun permit issued in the past five years by the State in which the transfer is to take place which requires law enforcement verification of the individual's legal qualification to possess a handgun; (4) State law either requires a waiting period of at least seven days or requires that an authorized government official verify that possession of a handgun by the purchaser would not be unlawful; or (5) the transferor has received a report from any system of felon identification established by the Attorney General under the Anti-Drug Abuse Act of 1988 that the individual's possession or receipt of the handgun would not violate Federal, State, or local law. Requires any transferor who, after a transfer, receives a report that receipt or possession of the handgun by the individual violates the law, to: (1) furnish information to the chief law enforcement officer of the transferor's place of business and the individual's place of residence; and (2) keep confidential any information received which is not otherwise available to the public, with exceptions. Sets forth transferor record-keeping requirements. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Weather Safety Act''. SEC. 2. NATIONAL CLIMATE CHANGE VULNERABILITY AND RESILIENCE PROGRAM. (a) Establishment.--The Secretary of Commerce shall establish a National Climate Change Vulnerability and Resilience Program (in this section referred to as the ``Program'') for evaluating and making recommendations with respect to local, regional, and national vulnerability and resilience to impacts related to both longer term climatic changes and shorter term climatic variations, including changes and variations resulting from human activities. (b) Consultation.--In designing the Program, the Secretary of Commerce shall consult with Federal agencies participating in the United States Global Change Research Program and any other appropriate Federal, State, or local agency. (c) Office of Climate Change Vulnerability and Resilience Research.--The Secretary of Commerce shall establish an Office of Climate Change Vulnerability and Resilience Research (in this section referred to as the ``Office'') within the Department of Commerce, which shall be responsible for managing the Program and shall, in accordance with the design of the Program, coordinate climatic change and climatic variation vulnerability and resilience research in the United States. (d) Vulnerability Assessments.--The Program shall include-- (1) evaluations, based on historical data, current observational data, and, where appropriate, available predictions, of local, State, regional, and national vulnerability to phenomena associated with climatic change and climatic variation, including-- (A) severe weather events, such as severe thunderstorms, tornadoes, and hurricanes; (B) annual and interannual climate events, such as the El Nino Southern Oscillation and the North Atlantic Oscillation; (C) changes in sea level and shifts in the hydrological cycle; (D) natural hazards, including tsunamis, droughts, floods, and wildfires; and (E) alterations of ecological communities as a result of climatic change and climatic variation; and (2) the production of a Vulnerability Scorecard, in cooperation with State and local institutions including university researchers and programs, that assesses each State's vulnerability and capacity to respond to climatic change and climatic variation hazards. (e) Preparedness Recommendations.--Not later than 2 years after the date of the enactment of this Act, the Office shall transmit to the Congress a report that-- (1) includes the Vulnerability Scorecards produced under subsection (d)(2); and (2) identifies, and recommends implementation and funding strategies for, short-term and long-term actions that may be taken at the local, State, regional, or national level-- (A) to minimize climatic change and climatic variation threats to human life and property; (B) to minimize negative economic impacts of climatic change and climatic variation; and (C) to improve resilience to climatic change and climatic variation hazards. (f) Vulnerability Research.--In addition to its other responsibilities under this section, the Office shall-- (1) apply the results of available vulnerability research to develop and improve criteria that measure resilience to climatic change and climatic variation hazards at the local, State, regional, and national levels; (2) coordinate the implementation of short-term and long- term research programs based on the recommendations made under subsection (e)(2); (3) measure progress in increasing each State's capacity to respond to climatic change and climatic variation hazards, using the Vulnerability Scorecards produced under subsection (d)(2) as a benchmark; and (4) review not less than annually and, when additional information becomes available making it appropriate, update the Vulnerability Scorecards and the recommendations made under subsection (e)(2). (g) Information and Technology Dissemination.--The Secretary of Commerce shall make widely available appropriate information, technologies, and products to assist local, State, regional, and national efforts to reduce loss of life and property due to climatic change and climatic variation, and shall coordinate the dissemination of such information, technologies, and products through all appropriate channels. (h) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Commerce $10,000,000 for carrying out this section. | Weather Safety Act - Directs the Secretary of Commerce to: (1) establish a National Climate Change Vulnerability and Resilience Program for evaluating and making recommendations with respect to local, regional, and national vulnerability and resilience to impacts related to short- and long-term climatic changes and variations; and (2) an Office of Climate Change Vulnerability and Resilience Research within the Department of Commerce, which shall manage the Program and coordinate research.Requires the Program to produce a Vulnerability Scorecard that assesses each State's vulnerability and capacity to respond to climatic change and variation hazards.Requires the Office to report to Congress on the Scorecards and actions that may be taken at the local, State, regional, or national level to: (1) minimize climatic threats to human life and property; (2) minimize negative economic impacts; and (3) improve resilience.Directs the Secretary to make information, technologies, and products widely available to assist local, State, regional, and national efforts to reduce the loss of life and property due to climatic change and variation. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Ratepayer Fairness Act of 2015''. SEC. 2. CROSS-SUBSIDIZATION OF CUSTOMER-SIDE TECHNOLOGY. (a) Consideration of Impact From Cross-Subsidization of Customer- Side Technology.--Section 111(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) is amended by adding at the end the following: ``(20) Consideration of impact from cross-subsidization of customer-side technology.-- ``(A) Definition of customer-side technology.--In this paragraph, the term `customer-side technology' means a device connected to the electricity distribution system-- ``(i) at, or on the customer side of, the meter; or ``(ii) that, if owned or operated by, or on behalf of, an electric utility, would otherwise be at, or on the customer side of, the meter. ``(B) Consideration.--Each State regulatory authority (with respect to each electric utility for which it has ratemaking authority) and each nonregulated electric utility shall consider, to the extent a State regulatory authority or nonregulated electric utility allows rates charged by any electric utility to include any cost, fee, or charge that directly or indirectly subsidizes the deployment, construction, maintenance, or operation of customer- side technology, whether subsidizing the deployment, construction, maintenance, or operation of a customer- side technology would-- ``(i) result in benefits predominately enjoyed by only the users of the customer-side technology; ``(ii) shift costs of a customer-side technology to electricity consumers that do not use the customer-side technology, particularly in cases in which disparate economic or resource conditions exist among the electricity consumers cross-subsidizing the customer-side technology; ``(iii) negatively affect resource utilization, fuel diversity, grid reliability, or grid security; ``(iv) provide any unfair competitive advantage to market the customer-side technology, including an analysis of whether the State regulatory authority or other State authority has uncovered any fraudulent customer-side technology marketing practices within the State; and ``(v) be necessary to fulfill an obligation to serve electric consumers. ``(C) Public notice.--At least 90 days before the date on which a State regulatory authority or nonregulated electric utility holds a proceeding that would consider the cross-subsidization of a customer- side technology, the State regulatory authority or nonregulated electric utility shall make available to the public the results of the evaluation conducted under subparagraph (B).''. (b) Compliance.-- (1) Time limitations.--Section 112(b) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) is amended by adding at the end the following: ``(7)(A) Not later than 1 year after the date of enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which it has ratemaking authority), and each nonregulated electric utility shall, with respect to the standard established by paragraph (20) of section 111(d)-- ``(i) commence the consideration referred to in section 111; or ``(ii) set a hearing date for the consideration. ``(B) Not later than 2 years after the date of enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which it has ratemaking authority), and each nonregulated electric utility, shall-- ``(i) complete the consideration required under subparagraph (A); and ``(ii) make the determination referred to in section 111 with respect to the standard established by paragraph (20) of section 111(d).''. (2) Failure to comply.--Section 112(c) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(c)) is amended by adding at the end the following: ``In the case of the standard established by paragraph (20) of section 111(d), the reference contained in this subsection to the date of enactment of this Act shall be deemed to be a reference to the date of enactment of that paragraph.''. | Ratepayer Fairness Act of 2015 This bill amends the Public Utility Regulatory Policies Act of 1978 (PURPA) to require a state regulatory authority and a nonregulated electric utility (entities), to the extent that they allow electric utility rates to include charges that subsidize customer-side technology, to consider whether that subsidy would: result in benefits predominately enjoyed by only the users of the customer-side technology; shift costs of a customer-side technology to electricity consumers that do not use it, particularly in cases in which disparate economic or resource conditions exist among the electricity consumers cross-subsidizing the customer-side technology; negatively affect resource utilization, fuel diversity, grid reliability, or grid security; give any unfair competitive advantage to market the customer-side technology, including an analysis of whether a state regulatory authority has uncovered fraudulent customer-side technology marketing practices; and be necessary to fulfill an obligation to serve electric consumers. The bill sets deadlines within which the entities must set a hearing date to consider and subsequently determine the subsidization of customer-side technology. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Postal Service Electric Motor Vehicle Act''. SEC. 2. FINDINGS. Congress finds that-- (1) Postal Service delivery vehicles which operate using gasoline have an average fuel economy of 8 to 12 miles per gallon; (2) the Inspector General of the United States Postal Service recently estimated that, for each delivery vehicle converted from gasoline to electric, the Postal Service would save approximately $1,500 in fuel costs each year; (3) 97 percent of Postal Service delivery routes are less than 40 miles long; and (4) it is in the national interest to reduce American dependence on foreign oil and to support domestic automobile manufacturing. SEC. 3. REQUIREMENTS. (a) In General.--The Postmaster General shall-- (1) during each year in the 5-year period beginning on the date of enactment of this Act, replace at least 10 percent of the gasoline-powered motor vehicles in the Postal fleet with electric motor vehicles; (2) take such measures as may be necessary to ensure that, by the end of the 5-year period described in paragraph (1), at least 75 percent of the Postal fleet is comprised of electric motor vehicles; and (3) carry out the preceding provisions of this subsection, in coordination with local electric distribution companies, in a manner consistent with the goals of-- (A) maintaining electric grid reliability; and (B) minimizing charging costs of electric motor vehicles in the Postal fleet. (b) Buy American.--Notwithstanding any other provision of law, electric motor vehicles acquired to carry out this Act shall be electric motor vehicles manufactured in the United States. The Postmaster General shall ensure that manufacturers of electric motor vehicles so acquired solicit competitive bids for electric drive components and storage devices from domestic manufacturers that participate in the Department of Energy's Electric Drive Vehicle Battery and Component Manufacturing Initiative (or successor program, as determined by the Postmaster General in consultation with the Secretary of Energy). (c) Oversight.--Not later than 30 days after the end of each fiscal year, the Postal Service shall submit to the Postal Regulatory Commission a report that includes a detailed accounting of the expenditures made, savings realized, and revenues received by the Postal Service pursuant to this section. Within 90 days after receiving a report under the preceding sentence, the Postal Regulatory Commission shall submit to Congress a copy of such report, together with any findings and recommendations which the Commission considers appropriate. In addition to any information otherwise required, each report under this subsection shall include-- (1) an assessment of how replacing gasoline-powered motor vehicles with electric motor vehicles meets goals or objectives established by the Postal Service for the replacement of the Postal fleet; and (2) the economic and environmental impact which the actions taken by the Postal Service under subsection (a) have had, including with respect to-- (A) projected per vehicle operating costs per mile; (B) projected revenues from vehicle-to-grid and other grid-related services; and (C) emissions reduction and other environmental benefits. SEC. 4. DEFINITIONS. For purposes of this Act-- (1) the term ``motor vehicle'' means any self-propelled vehicle designed for transporting persons or property on a street or highway; (2) the term ``electric motor vehicle'' means a motor vehicle powered solely by an electric motor that draws current from rechargeable storage batteries, fuel cells, photovoltaic arrays, or other sources of electric current; (3) the term ``Postal fleet'' means that portion of the Federal fleet (within the meaning of section 303(b) of the Energy Policy Act of 1992 (42 U.S.C. 13212(b)) which is owned, operated, leased, or otherwise controlled by or assigned to the Postal Service and used primarily in the delivery of mail; (4) the term ``Postal Service'' means the United States Postal Service; and (5) the term ``United States'', as used in a geographical sense, includes the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other Commonwealth, territory, or possession of the United States. | Postal Service Electric Motor Vehicle Act - Directs the Postmaster General to: (1) replace at least 10% of the gasoline-powered motor vehicles in the Postal fleet with electric motor vehicles manufactured in the United States during each year in the five-year period beginning on the enactment of this Act; (2) ensure that at least 75% of the Postal fleet is comprised of such electric motor vehicles by the end of such five-year period; (3) ensure that manufacturers of such electric motor vehicles solicit competitive bids for electric drive components and storage devices from domestic manufacturers that participate in the Department of Energy's Electric Drive Vehicle Battery and Component Manufacturing Initiative (or successor program); and (4) report on expenditures made, savings realized, and revenues received by the Postal Service by implementing this Act. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Personal Responsibility in Health Care Insurance Act''. SEC. 2. OPT OUT OF REQUIREMENT FOR INDIVIDUALS TO MAINTAIN HEALTH INSURANCE MINIMUM ESSENTIAL COVERAGE AND CERTAIN HEALTH INSURANCE PROTECTIONS. (a) Ability To Opt Out of Minimum Essential Coverage Requirement.-- (1) IRC.--Section 5000A(d) of the Internal Revenue Code of 1986 is amended-- (A) by striking ``or (4)'' and inserting ``(4), or (5)''; and (B) by adding at the end the following new paragraph: ``(5) Individuals who have chosen to opt out.--Such term shall not include any individual, or a dependent of such individual, for any month during a taxable year if such individual, or dependent, has in effect an exemption under section 1311(d)(4)(H) of the Patient Protection and Affordable Care Act which certifies that there is in effect for such month, with respect to such individual, or such dependent, an affidavit of personal responsibility described in section 1411(j) of such Act.''. (2) PPACA.--Section 1411 of the Patient Protection and Affordable Care Act is amended by adding at the end the following new subsection: ``(j) Exclusion Based on Opt Out Selection.-- ``(1) In general.--For purposes of section 5000A(d)(5) of the Internal Revenue Code of 1986, section 1311, and this section, an affidavit of personal responsibility described in this subsection, with respect to an individual or any dependent of such individual, is a statement, that indicates each of the following: ``(A) Such individual chooses for such individual or such dependent, respectively, to opt out of the application of subsections (a) and (b)(1) of section 5000A of the Internal Revenue Code of 1986 for the period described in paragraph (2). ``(B) Such individual acknowledges that such choice results in such individual or dependent, respectively, waiving each of the following during such period: ``(i) Eligibility to enroll in a qualified health plan through an Exchange established pursuant to section 1311. ``(ii) The application of section 2704 of the Public Health Service Act (relating to prohibition of preexisting condition exclusions or other discrimination based on health status), including as applied under section 1255(2) of the Patient Protection and Affordable Care Act (relating to individuals who are under 19 years of age). ``(C) Such individual acknowledges that any health care related debts assumed by the individual or dependent, respectively, while the individual or dependent, respectively, has in effect such affidavit, will not be discharged under chapter 7 of title 11 of the United States Code. ``(2) Opt out selection period.-- ``(A) In general.--An affidavit of personal responsibility described in paragraph (1), with respect to an individual or, if applicable, a dependent of such individual, shall be in effect for each month during the 3-year period beginning with the first month after the applicable certification under section 1311(d)(4)(H) has been made. ``(B) Renewability.--An individual may file an affidavit of personal responsibility, with respect to the individual or any dependent of the individual, under this subsection, and be certified under section 1311(d)(4)(H) with respect to such affidavit, for more than one period described in subparagraph (A). ``(3) Eligibility.-- ``(A) In general.--An individual may file an affidavit of personal responsibility under this section, with respect to such individual, only if, as of the date of submission of such affidavit, the individual-- ``(i) is not eligible for any exemption described in such subsection other than by application of this subsection; and ``(ii) is not enrolled in any program described in section 5000A(f) of the Internal Revenue Code of 1986. ``(B) Treatment of dependents.--An individual may specify a dependent of such individual within the affidavit of personal responsibility of such individual (or may file a separate affidavit of personal responsibility on behalf of such a dependent) for purposes of this subsection, but only if such dependent meets the criteria specified in clauses (i) and (ii) of subparagraph (A).''. (3) Conforming amendments.-- (A) Section 1311(d)(4) of the Patient Protection and Affordable Care Act is amended-- (i) in subparagraph (H)(ii), by inserting before the period at the end the following: ``, including with respect to an affidavit of personal responsibility described in section 1411(j)''; (ii) in subparagraph (J), by striking at the end ``and''; (iii) in subparagraph (K), by striking the period and inserting ``; and''; and (iv) by adding at the end the following new subparagraph: ``(L) in the case of an individual (or dependent of an individual) with respect to whom there is filed an affidavit of personal responsibility described in section 1411(j) and who is eligible for any program described in section 5000A(f)(1)(A) of the Internal Revenue Code of 1986, provide notification to such individual of such eligibility, including information necessary for the individual (or dependent) to enroll in such program.''. (B) Section 1411(b)(5) of such Act is amended by adding at the end the following new subparagraph: ``(C) In the case of an individual (or dependent of such individual) seeking exemption based on the individual (or dependent) having in effect an affidavit of personal responsibility described in subsection (j), such information as the Secretary, in consultation with the Secretary of the Treasury, shall prescribe, which shall include sufficient information to verify the individual (or dependent) meets the criteria specified in clauses (i) and (ii) of subsection (j)(3)(A).''. (b) Individuals Opting Out of Minimum Essential Coverage Requirement Excluded From Certain Health-Related Programs.-- (1) Eligibility to participate in exchanges.--Section 1312(f)(1)(A) of the Patient Protection and Affordable Care Act is amended-- (A) in clause (i), by striking at the end ``and''; (B) in clause (ii), by striking at the end the period and inserting ``; and''; and (C) by adding at the end the following new clause: ``(iii) is not an individual (or dependent of such individual) who has in effect an exemption under section 1311(d)(4)(H) which certifies that there is in effect, with respect to such individual (or dependent), an affidavit of personal responsibility described in section 1411(j).''. (2) Preexisting condition exclusion.--Section 2704 of the Public Health Service Act, as inserted by section 1201 of the Patient Protection and Affordable Care Act, is amended by inserting before the period at the end the following: ``, except that this section shall not apply to an individual (or dependent of such individual) with respect to whom there is in effect an exemption under section 1311(d)(4)(H) of the Patient Protection and Affordable Care Act which certifies that there is in effect, with respect to such individual (or dependent), an affidavit of personal responsibility described in section 1411(j) of such Act''. (3) Health related debts nondischargeable under chapter 7 in cases of individuals who opt out of minimum essential coverage requirement.--Notwithstanding any provision of title 11 of the United States Code, a discharge in a case under chapter 7 of such title does not discharge an individual (or dependent of such individual) from a health care related debt if such debt was assumed while such individual (or dependent) has in effect an exemption under section 1311(d)(4)(H) of the Patient Protection and Affordable Care Act which certifies that there is in effect, with respect to such individual (or dependent), an affidavit of personal responsibility described in section 1411(j) of such Act. | Personal Responsibility in Health Care Insurance Act - Amends the Internal Revenue Code to permit an individual to avoid the requirements to maintain minimum essential coverage by signing an affidavit of personal responsibility with respect to the individual or any dependents. Requires such an affidavit to include an acknowledgment that the individual is waiving: (1) eligibility to enroll in a qualified health plan through a health insurance exchange, (2) the applicability of provisions prohibiting preexisting condition exclusions, and (3) the ability to discharge health care debts in a bankruptcy. Makes an exemption effective for three years and renewable. Sets forth eligibility requirements, including that such individual is not eligible for any other exemption from the requirement to maintain minimum essential coverage and is not enrolled in any minimum essential coverage. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Neuromyelitis Optica Consortium Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Neuromyelitis optica (NMO) is a devastating neurologic disease leading to blindness and paralysis. (2) There are an estimated 11,000 patients with NMO in the United States. (3) Women are affected 7 to 9 times more than men, and a large proportion of NMO patients are African-American. (4) The average age at diagnosis is 41 years, but the range is broad and includes children as young as 2 years of age and adults as old as 89 years of age. (5) NMO incurs substantial costs for affected patients and their families. (6) The cause of NMO is unknown, but it is hypothesized to be autoimmune in nature. (7) More than 90 percent of NMO patients will suffer recurrent disease and accumulate neurologic disability. (8) Because of their relatively low overall incidence, orphan diseases like NMO frequently do not receive sufficient attention and research funding. (9) No single institution has a sufficient number of patients to independently conduct research that will adequately address the cause of NMO. (10) There has been no comprehensive study analyzing all relevant clinical, biological, and epidemiological aspects of NMO to identify potential risk factors and biomarkers for NMO. (11) We can apply our understanding of NMO to the study of other autoimmune diseases, including multiple sclerosis and systemic lupus erythematosus. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that there is a need-- (1) to establish and coordinate a multicenter research effort based on collaboration between regional consortia and governmental and nongovernmental entities in order to-- (A) comprehensively study the causes of NMO; and (B) identify potential biomarkers of disease activity; and (2) to encourage a collaborative effort among academic medical centers with epidemiological study groups to gather comprehensive and detailed information for each patient enrolled in those groups, in order to investigate environmental, nutritional, and genetic factors with respect to, and the pathological and epidemiological characteristics of, NMO. SEC. 4. ESTABLISHMENT OF THE NATIONAL NEUROMYELITIS OPTICA CONSORTIUM. Part B of title IV of the Public Health Service Act (42 U.S.C. 284 et seq.) is amended by adding after section 409J the following new section: ``SEC. 409K. NATIONAL NEUROMYELITIS OPTICA CONSORTIUM. ``(a) Establishment of the National Neuromyelitis Optica Consortium.-- ``(1) In general.--Not later than 1 year after the date of the enactment of this section, the Secretary, acting through the Director of NIH, and in coordination with the Director of the National Institute on Minority Health and Health Disparities, shall establish, administer, and coordinate a National Neuromyelitis Optica Consortium (in this section referred to as the `NNO Consortium') for the purposes described in paragraph (2). ``(2) Purposes.--The purposes of the NNO Consortium shall be the following: ``(A) Providing grants of not fewer than 5 years duration to eligible consortia for the purpose of conducting research with respect to the causes of, and the risk factors and biomarkers associated with, NMO. ``(B) Assembling a panel of experts to provide, with respect to research funded by the NNO Consortium, ongoing guidance and recommendations for the development of the following: ``(i) A common study design. ``(ii) Standard protocols, methods, procedures, and assays for collecting from individuals enrolled as study participants a minimum dataset that includes the following: ``(I) Complete medical history. ``(II) Neurologic examination. ``(III) Biospecimens, including blood, spinal fluid, DNA, and RNA. ``(IV) Radiological data including magnetic resonance imaging (MRI). ``(iii) Specific analytical methods for examining data. ``(iv) Provisions for consensus review of enrolled cases. ``(v) An integrated data collection network. ``(C) Designating a central laboratory to collect, analyze, and aggregate data with respect to research funded by the NNO Consortium and to make such data and analysis available to researchers. ``(3) Eligible consortia.--To be eligible for a grant under this section, a consortium shall demonstrate the following: ``(A) The consortium has the capability to enroll as research participants a minimum of 25 individuals with a diagnosis of NMO from the consortium's designated catchment area. ``(B) The designated catchment area of the consortium does not overlap with the designated catchment area of another consortium already receiving a grant under this section. ``(4) Report.--Not later than 1 year after the date of the enactment of this section and annually thereafter, the Secretary, acting through the Director of NIH, shall submit to Congress a report with respect to the NNO Consortium, to be made publicly available, including a summary of research funded by the NNO Consortium and a list of consortia receiving grants through the NNO Consortium. At the discretion of the Secretary, such report may be combined with other similar or existing reports. ``(5) Authorization of appropriations.-- ``(A) In general.--There is authorized to be appropriated $25,000,000 for each of fiscal years 2013 through 2017, to remain available until expended, to carry out this section. ``(B) Sense of congress.--It is the sense of Congress that funds appropriated to carry out this section should be in addition to funds otherwise available or appropriated to carry out the activities described in this section. ``(b) Definitions.--For purposes of this section: ``(1) Catchment area.--The term `catchment area' means a defined area for which population data are available. ``(2) Consortium.--The term `consortium' means a partnership of 2 or more universities, health care organizations, or government agencies, or any combination of such entities, serving a designated catchment area.''. | Neuromyelitis Optica Consortium Act - Expresses the sense of Congress that there is a need to: (1) establish and coordinate a multicenter research effort to comprehensively study the causes of neuromyelitis optica (NMO) and identify potential biomarkers; and (2) encourage a collaborative effort among academic medical centers with epidemiological study groups to investigate environmental, nutritional, and genetic factors with respect to, and the pathological and epidemiological characteristics of, NMO. Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH), in coordination with the Director of the National Institute on Minority Health and Health Disparities, to establish, administer, and coordinate a National Neuromyelitis Optica Consortium to: (1) provide five-year grants to eligible consortia to conduct research regarding the causes of, and the risk factors and biomarkers associated with, NMO; (2) assemble a panel of experts to provide guidance and recommendations for the development of a common study design, standard methods for collecting a minimum data set from study participants, specific analytical methods for examining data, provisions for consensus review of enrolled cases, and an integrated data collection network; and (3) designate a central laboratory to collect, analyze, and aggregate data with respect to funded research and to make such data and analysis available to researchers. Requires a consortium (a partnership of two or more universities, health care organizations, or government agencies, or any combination of such entities, serving a designated catchment area), to be eligible for a grant, to demonstrate that: (1) it has the capability to enroll as research participants a minimum of 25 individuals with a diagnosis of NMO from the consortium's designated catchment area, and (2) such area does not overlap with the designated catchment area of another consortium already receiving a grant under this Act. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Refueling Assistance Act of 2015''. SEC. 2. STUDY ON MOTOR VEHICLE REFUELING ASSISTANCE FOR QUALIFIED INDIVIDUALS WITH DISABILITIES. (a) In General.--Not later than one year after the date of the enactment of this Act, the Secretary of Transportation (in this Act referred to as the ``Secretary''), in consultation with the Attorney General, shall conduct a study on motor vehicle refueling assistance to qualified individuals with disabilities. (b) Subject Matter.--The study required by subsection (a) shall address the following: (1) The adequacy of Federal regulations and guidance in effect at the time the study is conducted to enable qualified individuals with disabilities to receive motor vehicle refueling assistance in a safe, timely, convenient, and consistent manner. (2) Data on the practices of gas stations for providing motor vehicle refueling assistance to qualified individuals with disabilities. (3) Measures available to gas stations to improve motor vehicle refueling assistance for qualified individuals with disabilities, including an assessment of the cost and feasibility of implementing such measures, taking into account variations in the equipment and technology used by gas stations at the time of the study. (4) The extent to which the location of gas stations in rural or urban areas affects the measures available to such gas stations to improve motor vehicle refueling assistance for qualified individuals with disabilities. (5) The feasibility of requiring gas stations to install a freestanding device operable with a closed fist and reachable from inside a motor vehicle (referred to in this subsection as a ``calling device'') to be used by a qualified individual with a disability to alert a station attendant that such individual requires motor vehicle refueling assistance, including an assessment of-- (A) the extent to which the installation of a calling device would improve the ability of qualified individuals with disabilities to receive motor vehicle refueling assistance in a safe, timely, convenient, and consistent manner; (B) the measures necessary to ensure that a calling device be designed and installed in accordance with all accessibility guidelines for public accommodations under title III of the Americans with Disabilities Act of 1990 (42 U.S.C. 12181 et seq.); (C) the need for appropriate signage at gas stations-- (i) that clearly identifies the purpose of a calling device and the hours during which motor vehicle refueling assistance is available through use of the device; and (ii) that is clearly visible to a qualified individual with a disability inside a motor vehicle in the refueling area of a gas station; (D) the cost to a gas station to install and maintain a calling device and the burden of such cost on small and large gas stations; and (E) funding opportunities to offset the cost of installing calling devices, including grant programs and new or existing tax credits. (6) Methods of disseminating information relating to the availability of motor vehicle refueling assistance in consultation with State officials, including the use of Internet-based and smart phone technology to allow individuals to search by location for gas stations with operable calling devices. (c) Consultation With Interested Parties.--In conducting the study required by subsection (a), the Secretary shall consult with groups representing individuals with disabilities, groups representing veterans, gas station owners, and other interested parties. SEC. 3. REPORT TO CONGRESS. Not later than 90 days after completing the study required by section 2(a), the Secretary, in consultation with the Attorney General, shall submit to Congress a report that-- (1) summarizes the results of the study; and (2) includes recommendations for imposing feasible and cost-effective requirements on gas stations to improve motor vehicle refueling assistance for qualified individuals with disabilities. SEC. 4. REGULATIONS. Not later than 180 days after submitting the report required by section 3, the Secretary, in consultation with the Attorney General, shall promulgate any regulations that the Secretary considers necessary to improve motor vehicle refueling assistance for qualified individuals with disabilities, taking into account the results of the study required by section 2(a). SEC. 5. ENFORCEMENT. (a) Civil Penalty.-- (1) In general.--Except as provided in subsection (b), the Secretary may impose a civil penalty on a person that the Secretary determines, in accordance with subchapter II of chapter 5 of title 5, United States Code (commonly known as the ``Administrative Procedure Act''), knowingly violates the regulations promulgated pursuant to section 4. (2) Determination of amount of penalty.--In determining the amount of the penalty to be imposed on a person under paragraph (1), the Secretary shall consider the severity of the violation, the size of the relevant business owned or operated by the person, and the extent to which the penalty will affect the financial viability of such business. (b) Notice of Violation.--The Secretary may not impose a penalty on a person for violating the regulations promulgated pursuant to section 4 unless such violation continues for more than 30 days after the date on which the individual receives notice of the violation. SEC. 6. QUALIFIED INDIVIDUAL WITH A DISABILITY DEFINED. In this Act, the term ``qualified individual with a disability'' has the meaning given the term in section 201(2) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131). | Refueling Assistance Act of 2015 Directs the Department of Transportation (DOT) to study motor vehicle refueling assistance to qualified individuals with disabilities. Requires the DOT to report to Congress the study results and any recommendations for imposing feasible and cost-effective requirements on gas stations to improve motor vehicle refueling assistance for such individuals. Authorizes the DOT to impose a civil penalty on persons who knowingly violate any regulations issued under this Act. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Citizen Participation Act of 2009''. SEC. 2. FINDINGS. The Congress finds and declares that-- (1) the framers of our Constitution, recognizing participation in government and freedom of speech as inalienable rights essential to the survival of democracy, secured their protection through the First Amendment to the United States Constitution; (2) the communications, information, opinions, reports, testimony, claims and arguments that individuals, organizations and businesses provide to the government are essential to wise government decisions and public policy, the public health, safety, and welfare, effective law enforcement, the efficient operation of government programs, the credibility and trust afforded government, and the continuation of America's representative democracy; (3) civil lawsuits and counterclaims, often claiming millions of dollars in damages, have been and are being filed against thousands of individuals, organizations, and businesses based upon their valid exercise of the rights to petition or free speech, including seeking relief, influencing action, informing, communicating, and otherwise participating with government, the electorate, or in matters of public interest; (4) such lawsuits, called Strategic Lawsuits Against Public Participation or SLAPPs, are often ultimately dismissed as groundless or unconstitutional, but not before the defendants are put to great expense, harassment, and interruption of their productive activities; (5) it is in the public interest for individuals, organizations and businesses to participate in matters of public concern and provide information to public entities and other citizens on public issues that affect them without fear of reprisal through abuse of the judicial process; (6) the threat of financial liability, litigation costs, destruction of one's business, loss of one's home, and other personal losses from groundless lawsuits seriously impacts government, interstate commerce, and individual rights by significantly chilling public participation in government, public issues, and in voluntary service; (7) SLAPPs are an abuse of the judicial process that waste judicial resources and clog the already over-burdened court dockets; (8) while some courts and State legislatures have recognized and discouraged SLAPPs, protection against SLAPPs has not been uniform or comprehensive; and (9) some SLAPP victims are deprived of the relief to which they are entitled because the current bankruptcy law allows for the discharge of fees, costs and damages awarded against a party for maintaining a SLAPP. SEC. 3. IMMUNITY FOR PETITION ACTIVITY. (a) Immunity.--Any act of petitioning the government made without knowledge of falsity or reckless disregard of falsity shall be immune from civil liability. (b) Burden and Standard of Proof.--A plaintiff must prove knowledge of falsity or reckless disregard of falsity by clear and convincing evidence. SEC. 4. PROTECTION FOR PETITION AND SPEECH ACTIVITY. Any act in furtherance of the constitutional right of petition or free speech shall be entitled to the procedural protections provided in this Act. SEC. 5. SPECIAL MOTION TO DISMISS. (a) In General.--A party may file a special motion to dismiss any claim arising from an act or alleged act in furtherance of the constitutional right of petition or free speech within 45 days after service of the claim if the claim was filed in Federal court or, if the claim was removed to Federal court pursuant to section 6 of this Act, within 15 days after removal. (b) Burdens of the Parties.--A party filing a special motion to dismiss under this Act has the initial burden of making a prima facie showing that the claim at issue arises from an act in furtherance of the constitutional right of petition or free speech. If the moving party meets this burden, the burden shifts to the responding party to demonstrate that the claim is both legally sufficient and supported by a sufficient prima facie showing of facts to sustain a favorable judgment. (c) Stay of Discovery.--Upon the filing of a special motion to dismiss, discovery proceedings in the action shall be stayed until notice of entry of an order disposing of the motion, except that the court, on noticed motion and for good cause shown, may order that specified discovery be conducted. (d) Expedited Hearing.--The court shall hold an expedited hearing on the special motion to dismiss, and issue a ruling as soon as practicable after the hearing. The parties may submit the pleadings and affidavits stating the facts upon which the liability or defense is based. The court shall explain the reasons for its grant or denial of the motion in a statement for the record. If the special motion to dismiss is granted, dismissal shall be with prejudice. (e) Immediate Appeal.--The defendant shall have a right of immediate appeal from a district court order denying a special motion to dismiss in whole or in part. SEC. 6. FEDERAL REMOVAL JURISDICTION. (a) In General.--A civil action commenced in a State court against any person who asserts as a defense the immunity provided for in section 3 of this Act, or asserts that the action arises from an act in furtherance of the constitutional right of petition or free speech, may be removed by the defendant to the district court of the United States for the district and division embracing the place wherein it is pending. (b) Remand of Remaining Claims.--A court exercising jurisdiction under this section shall remand any claims against which the special motion to dismiss has been denied, as well as any remaining claims against which a special motion to dismiss was not brought, to the State court from which it was removed. (c) Timing.--A court exercising jurisdiction under this section shall remand an action if a special motion to dismiss is not filed within 15 days after removal. SEC. 7. SPECIAL MOTION TO QUASH. (a) In General.--A person whose personally identifying information is sought in connection with an action pending in Federal court arising from an act in furtherance of the constitutional right of petition or free speech may make a special motion to quash the discovery order, request or subpoena. (b) Burdens of the Parties.--The person bringing a special motion to quash under this section must make a prima facie showing that the underlying claim arises from an act in furtherance of the constitutional right of petition or free speech. If this burden is met, the burden shifts to the plaintiff in the underlying action to demonstrate that the underlying claim is both legally sufficient and supported by a sufficient prima facie showing of facts to sustain a favorable judgment. This standard shall apply only to a special motion to quash brought under this section. SEC. 8. FEES AND COSTS. (a) Attorney's Fees.--The court shall award a moving party who prevails on a special motion to dismiss or quash the costs of litigation, including a reasonable attorney's fee. (b) Frivolous Motions and Removal.--If the court finds that a special motion to dismiss, special motion to quash, or the removal of a claim under this Act is frivolous or is solely intended to cause unnecessary delay, the court may award a reasonable attorney's fees and costs to the responding party. (c) Government Entities.--A government entity may not recover fees pursuant to this section. SEC. 9. BANKRUPTCY NONDISCHARGABILITY OF FEES AND COSTS. Fees or costs awarded against a party by a court for the prosecution of any claim finally dismissed pursuant to this Act, or any subpoena or discovery order quashed pursuant to this Act, or any claim finally dismissed pursuant to a State anti-SLAPP law, shall not be dischargeable in bankruptcy under section 1328 or section 523 of title 11, United States Code. SEC. 10. EXEMPTIONS. (a) Public Enforcement.--Sections 4 through 8 of this Act shall not be available in any action brought solely on behalf of the public or solely to enforce an important right affecting the public interest. (b) Commercial Speech.--This Act shall not apply to any claim for relief brought against a person primarily engaged in the business of selling or leasing goods or services, if the statement or conduct from which the claim arises is a representation of fact made for the purpose of promoting, securing or completing sales or leases of, or commercial transactions in, the person's goods or services, and the intended audience is an actual or potential buyer or customer. (c) ``SLAPP-back'' Suits.--This Act shall not be available to dismiss any action or claim arising from a claim that has been dismissed pursuant to this Act or to a State anti-SLAPP law. SEC. 11. DEFINITIONS. In this Act: (1) Act in furtherance of the right of free speech.--The term ``act in furtherance of the right of free speech'' includes but is not limited to-- (A) any written or oral statement made in connection with an issue under consideration or review by a legislative, executive, or judicial body, or any other official proceeding authorized by law; (B) any written or oral statement made in a place open to the public or a public forum in connection with an issue of public interest; or (C) any other conduct in furtherance of the exercise of the constitutional right of petition or the constitutional right of free speech in connection with an issue of public interest. (2) Act of petitioning the government.--The term ``act of petitioning the government'' includes but is not limited to any written or oral statement-- (A) made or submitted before a legislative, executive, or judicial body, or any other official proceeding authorized by law; or (B) any written or oral statement encouraging a statement before a legislative, executive, or judicial body, or any other official proceeding authorized by law. (3) Claim.--The term ``claim'' includes any civil lawsuit, claim, complaint, cause of action, cross-claim, counterclaim, or other judicial pleading or filing requesting relief. (4) Government entity.--The term ``government entity'' includes the United States, a branch, department, agency, State, or subdivision of a State, or other public authority. (5) Issue of public interest.--The term ``issue of public interest'' includes an issue related to health or safety; environmental, economic or community well-being; the government; a public figure; or a good, product or service in the market place. ``Issue of public interest'' shall not be construed to include private interests, such as statements directed primarily toward protecting the speaker's business interests rather than toward commenting on or sharing information about a matter of public significance. (6) Personally identifying information.--The term ``personally identifying information'' means first and last name or last name only; home or other physical address including temporary shelter or housing and including a street name or ZIP Code; full date of birth; email address or other online contact information; telephone number; social security number; Internet protocol address or host name that identifies an individual, or any other information that would serve to identify an individual. (7) State.--The term ``State'' means each of the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States. SEC. 12. CONSTRUCTION. This Act shall be liberally construed to effectuate its findings and purposes fully, except that the exemptions shall be construed narrowly. SEC. 13. RELATIONSHIP TO OTHER LAWS. Nothing in this Act shall preempt or supersede any Federal, State, constitutional, case or common law that provides the equivalent or greater protection for persons engaging in activities in furtherance of the rights of petition or free speech. SEC. 14. SEVERABILITY. If any provision of this Act or the application of any provision of this Act to any person or circumstance is held invalid, the application of such provision to other persons or circumstances and the remainder of this Act shall not be affected thereby. SEC. 15. EFFECTIVE DATE. This Act shall become effective upon enactment. | Citizen Participation Act of 2009 - Declares that Strategic Lawsuits Against Public Participation (SLAPPs), filed against thousands of individuals, organizations, and businesses based upon their valid exercise of the rights to petition or free speech, are an abuse of the judicial process that waste judicial resources and clog the already over-burdened court dockets. Declares immune from civil liability any act of petitioning the government made without knowledge of falsity or reckless disregard of falsity. Requires a plaintiff (especially in a SLAPP) to prove knowledge of falsity or reckless disregard of falsity by clear and convincing evidence. Provides that any act in futherance of the constitutional right of petition or free speech shall be entitled to the procedural protections provided in this Act. Allows a party to file a special motion to dismiss any claim arising from an act or alleged act in furtherance of the constitutional right of petition or free speech within 45 days after service of the claim if the claim was filed in federal court or, if the claim was removed to federal court pursuant to this Act, within 15 days after removal. Exempts from this Act: (1) certain procedural protections in any action brought solely on behalf of the public or solely to enforce an important right affecting the public interest; and (2) certain claims for relief involving commercial speech. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Reducing Obesity in Youth Act of 2016''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) Research has shown that early childhood is an important time for developing dietary and physical activity behaviors that support health and well-being and may help prevent obesity. (2) Infants as young as 7 months have shown eating patterns that are similar to older children and adults. (3) For children under 1 year of age, promoting opportunities for movement (such as reaching, crawling, and creeping) may be the most effective way to increase physical activity and improve children's motor skills. (4) Children who are exposed to healthy foods early are more likely to prefer and eat healthy foods and to develop eating habits that promote healthy growth that can continue throughout childhood. (5) Healthy eating can improve a child's learning ability and potentially lead to higher academic performance, along with his or her mental, social, and physical well-being and can contribute to increased self-esteem. (6) A 2010 study indicated that daily physical activity is not only essential for healthy weight maintenance, but also for practicing and learning fundamental gross motor skills and socioemotional and cognitive skills. Furthermore, when children have the opportunity for adequate physical activity, they benefit physically, psychologically and socially. (7) Nearly 20 percent (1 in 5) of 2-year-olds spend more than 2 hours of a typical day watching television or videos. (8) The Journal of the American Medical Association Pediatrics found that each incremental hour of watching television at age 2 is associated with corresponding declines in school engagement, math achievement, and weekend physical activity, and with increases in bullying by classmates, consumption of soft drinks and snacks, and BMI at age 10. (9) A major study published in the New England Journal of Medicine, found that a third of children who were overweight in kindergarten were obese by eighth grade. Almost every child who was very obese remained that way, suggesting that efforts must start much earlier and focus more on the children at greatest risk. (10) In 2012, three-fourths of United States preschool-aged children were in child care, and most of their day was spent in sedentary activities. (11) Center-based programs serve approximately 6,980,000 children birth through age 5 years but not yet in kindergarten, making the early childhood care and education setting an important one for promoting healthful habits. (12) Early care and education learning collaboratives in 9 States have reached nearly 156,000 children and improved early childhood care and education provider practices for nutrition and physical activity. (b) Purposes.--It is the purpose of this Act to-- (1) establish a program that will influence practices, policies, and environments in early care and education settings to support healthy eating, physical activity, and screen time reduction for children ages birth through 5; (2) enhance the training and knowledge of early care and education providers on strategies for promoting healthy eating (including early feeding best practices), physical activity, and screen time reduction in early care and education settings; (3) monitor progress of healthy eating and physical activity promotion in early care and education settings; and (4) identify emerging, and expand existing, approaches to engaging families and parents of children ages birth to 5 in healthy eating, physical activity, and screen time reduction. SEC. 3. HEALTHY KIDS PROGRAM. Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by adding at the end the following: ``PART W--HEALTHY KIDS PROGRAM ``SEC. 399OO. DEFINITIONS. ``In this part: ``(1) Director.--The term `Director' means the Director of the Centers for Disease Control and Prevention. ``(2) Early care and education.--The term `early care and education' means programs and activities that serve children ages birth through 5 years either through in-home or out-of- home settings, including child care programs, Head Start programs, and pre-kindergarten programs. ``(3) Screen time reduction.--The term `screen time reduction' means policies or guidelines designed to reduce the daily amount of time that children spend watching or looking at digital monitors or displays, including television sets, computer monitors, or hand-held gaming devices. ``SEC. 399PP. GRANTS. ``(a) In General.--The Secretary, in coordination with the Centers for Disease Control and Prevention and the Administration for Children and Families shall, subject to the availability of appropriations, award 5-year competitive grants to eligible entities to assist in the development of healthier early care and education environments to improve healthy eating and physical activity among children ages birth through 5 years in early care and education settings. Training provided under such grants shall be consistent with the best practices from existing health and wellness resources endorsed by the Secretary, in consultation with the Institute of Medicine, the Administration for Children and Families' Office of Child Care and Office of Head Start, the Centers for Disease Control and Prevention's Division of Nutrition, Physical Activity, and Obesity, and the Health Resources and Services Administration's Maternal and Child Health Bureau. ``(b) Eligibility.--To be eligible to receive a grant under subsection (a), an entity shall-- ``(1) be-- ``(A) a nonprofit organization with expertise in early childhood health and obesity prevention; ``(B) an institution of higher education or research center that employs faculty with relevant expertise; or ``(C) a consortium of entities described in subparagraphs (A) and (B) that submit a single application to carry out activities under the grant jointly; and ``(2) submit to the Director an application at such time, in such manner, and containing such information as the Director may require. ``(c) Use of Funds.-- ``(1) Identification of areas of opportunities and goals.-- An entity that receives a grant under this section shall, using Department of Health and Human Services guidance and tools (such as the Spectrum of Opportunities for Obesity Prevention in the Early Care and Education Setting developed by the Centers for Disease Control and Prevention), identify areas of opportunity and set goals and carry out activities to promote healthy eating, physical activity, and screen time reduction strategies among children ages birth through 5 years in early care and education settings. ``(2) Activities.--An entity shall use amounts received under a grant under this section to carry out each of the following activities: ``(A) Provide training, technical assistance, and resources to implementing partners, which may include States, territories, cities, or nonprofit organizations, to integrate the promotion of healthy eating (including early feeding best practices), physical activity, and screen time reduction into existing early care and education State programs and standards to create and spread sustainable change within the State or territory involved. ``(B) Work directly with implementing partners to create sustainable programs to train early care and education providers through train-the-trainer models, learning collaboratives, or other approaches approved by the Secretary. ``(C) Enter into a contract with a nonprofit organization or other entity with relevant expertise that is approved by the Secretary, to evaluate the programs carried out under the grant, including baseline, process, and outcome measurements. ``(3) Dissemination of best practices.--Upon the conclusion of programs and activities carried out under the grants under this section, the Secretary shall disseminate to all appropriate agencies within the Department of Health and Human Services evidence, best practices, and lessons derived from the experiences of grantees with respect to reducing and preventing obesity and overweight among children ages birth through 5 years in the early care and education settings. Such agencies shall encourage the adoption of such best practices. ``(d) Preference.-- ``(1) Grantees.--In awarding grants under this section, the Secretary shall give preference to eligible entities that-- ``(A) have a history of working with early care and education providers and States in obesity prevention in the early care and education setting; ``(B) demonstrate a history of, and capacity to, leverage private dollars to amplify obesity prevention efforts in early care and education settings; ``(C) demonstrate a history of working successfully with an evaluator to determine program effectiveness; ``(D) demonstrate a history of, and capacity to, collaborate with the health sector on obesity prevention initiatives; ``(E) demonstrate a history of, and capacity to, spread and sustain health initiatives; and ``(F) demonstrate the ability to conduct at least 3 pilot programs to test innovative or evidence-informed approaches to engage families, including families of children ages birth to 5 years, in the promotion of healthy eating and physical activity. ``(2) Implementing partners.--In selecting States, territories, cities, or nonprofit organizations as implementing partners under a grant under this section, a grantee shall ensure that such partners-- ``(A) serve populations that are racially, ethnically, and geographically diverse; ``(B) represent a mix of rural and urban settings; ``(C) have a varied level of existing infrastructure, capacity, and other programmatic initiatives to address obesity prevention in early care and education systems; and ``(D) possess expertise in early care and education or children's health and the ability to implement evidence-informed interventions to promote healthy eating, physical activity, and screen time reduction strategies in early care and education settings for children ages birth through 5 years, including strategies targeted to addressing the needs of children ages birth through 2 years and strategies to engage parents in healthy eating and physical activity promotion. ``(e) Tracking State Progress.--The Secretary shall use amounts appropriated under subsection (g)(2) to enter into contracts with, or award grants to, institutions of higher education, nonprofit organizations, or other entities with relevant monitoring and surveillance expertise that are approved by the Secretary, to track State progress in obesity prevention policies and practices of early care and education programs through a sentinel set of States. ``(f) Report to Congress.--Not later than 12 months after the completion of the programs and activities funded under grants awarded under this section, the Secretary shall submit to Congress a report concerning an evaluation of the results of such programs and activities and sentinel surveillance, including recommendations on how lessons learned from such programs can be incorporated into future guidance documents developed and provided by the Secretary or Director and other Federal agencies as appropriate. ``(g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section-- ``(1) $4,000,000 for each of fiscal years 2017, 2018, 2019, 2020, and 2021; and ``(2) $1,700,000 for fiscal year 2017, to be used to track State progress in obesity prevention policies and practices of early care and education programs in a sentinel set of States as provided for in subsection (e).''. | Reducing Obesity in Youth Act of 2016 This bill amends the Public Health Service Act to require the Department of Health and Human Services (HHS), in coordination with the Centers for Disease Control and Prevention and the Administration for Children and Families, to award grants to promote healthy eating and physical activity among children under six years old in early care and education settings. HHS must track the obesity prevention policies and practices of early care and education programs. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional, Presidential, and Judicial Pension Forfeiture Act''. SEC. 2. CONVICTION OF CERTAIN OFFENSES. (a) In General.--Section 8312(a) of title 5, United States Code, is amended-- (1) by striking ``or'' at the end of paragraph (1); (2) by striking the period at the end of paragraph (2) and inserting ``; or''; (3) by adding after paragraph (2) the following new paragraph: ``(3) is convicted of an offense named by subsection (d), to the extent provided by that subsection.''; (4) by striking ``and'' at the end of subparagraph (A); (5) by striking the period at the end of subparagraph (B) and inserting ``; and''; and (6) by adding after subparagraph (B) the following new subparagraph: ``(C) with respect to the offenses named by subsection (d) of this section, to the period after the date of the conviction.''. (b) Identification of Offenses.--Section 8312 of title 5, United States Code, is amended-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following new subsection: ``(d)(1) The offenses under paragraph (2) are the offenses to which subsection (a) of this section applies, but only if-- ``(A) the individual is convicted of such offense after the date of the enactment of the Congressional, Presidential, and Judicial Pension Forfeiture Act; ``(B) the individual was a Member of Congress (including the Vice President), a congressional employee, or a Federal justice or judge at the time of committing the offense; and ``(C) the offense is punishable by imprisonment for more than 1 year. ``(2) The offenses under this paragraph are as follows: ``(A) An offense within the purview of-- ``(i) section 201 of title 18 (bribery of public officials and witnesses); ``(ii) section 203 of title 18 (compensation to Members of Congress, officers, and others in matters affecting the Government); ``(iii) section 204 of title 18 (practice in United States Court of Federal Claims or the United States Court of Appeals for the Federal Circuit by Members of Congress); ``(iv) section 205 of title 18 (activities of officers and employees in claims against and other matters affecting the Government); ``(v) section 207 of title 18 (restrictions on former officers, employees, and elected officials of the executive and legislative branches); ``(vi) section 208 of title 18 (acts affecting a personal financial interest); ``(vii) section 209 of title 18 (salary of Government officials and employees payable only by the United States); ``(viii) section 219 of title 18 (officers and employees acting as agents of foreign principals); ``(ix) section 286 of title 18 (conspiracy to defraud the Government with respect to claims); ``(x) section 287 of title 18 (false, fictitious, or fraudulent claims); ``(xi) section 371 of title 18 (conspiracy to commit offense or to defraud the United States; ``(xii) section 597 of title 18 (expenditures to influence voting); ``(xiii) section 599 of title 18 (promise of appointment by candidate); ``(xiv) section 602 of title 18 (solicitation of political contributions); ``(xv) section 606 of title 18 (intimidation to secure political contributions); ``(xvi) section 607 of title 18 (place of solicitation); ``(xvii) section 641 of title 18 (public money, property or records); or ``(xviii) section 1001 of title 18 (statements or entries generally). ``(B) Perjury committed under the statutes of the United States in falsely denying the commission of an act which constitutes an offense within the purview of a statute named by subparagraph (A). ``(C) Subornation of perjury committed in connection with the false denial of another individual as specified by subparagraph (B).''. SEC. 3. ABSENCE FROM THE UNITED STATES TO AVOID PROSECUTION. (a) In General.--Section 8313 of title 5, United States Code, is amended-- (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following new subsection: ``(b) An individual, or his survivor or beneficiary, may not be paid annuity or retired pay on the basis of the service of the individual which is creditable toward the annuity or retired pay, subject to the exceptions in section 8311(2) and (3) of this title, if the individual-- ``(1) is under indictment, after the date of the enactment of the Congressional, Presidential, and Judicial Pension Forfeiture Act, for an offense named by section 8312(d)(2) of this title, but only if such offense satisfies section 8312(d)(1)(C) of this title; ``(2) willfully remains outside the United States, or its territories and possessions including the Commonwealth of Puerto Rico, for more than 1 year with knowledge of the indictment or charges, as the case may be; and ``(3) is an individual described in section 8312(d)(1)(B).''. (b) Conforming Amendment.--Subsection (c) of section 8313 of title 5, United States Code (as so designated under subsection (a)(1)) is amended by inserting ``or (b)'' after ``subsection (a)''. SEC. 4. REFUND OF CONTRIBUTIONS AND DEPOSITS. Section 8316(b) of title 5, United States Code, is amended-- (1) by striking ``or'' at the end of paragraph (1); (2) by striking the period at the end of paragraph (2) and inserting ``; or''; and (3) by adding at the end the following new paragraph: ``(3) if the individual was convicted of an offense named by section 8312(d) of this title, for the period after the conviction of the violation.''. SEC. 5. FORFEITURE OF PRESIDENTIAL ALLOWANCE. Subsection (a) of the first section of the Act entitled ``An Act to provide retirement, clerical assistance, and free mailing privileges to former Presidents of the United States, and for other purposes'', approved August 25, 1958 (Public Law 85-745; 72 Stat. 838; 3 U.S.C. 102 note) is amended-- (1) by striking ``Each former President'' and inserting ``(1) Subject to paragraph (2), each former President''; and (2) by inserting at the end the following new paragraph: ``(2) The allowance payable to an individual under paragraph (1) shall be forfeited if-- ``(A) the individual is convicted of an offense described under section 8312(d)(2) of title 5, United States Code, after the date of the enactment of the Congressional, Presidential, and Judicial Pension Forfeiture Act; ``(B) such individual committed such offense during the individual's term of office as President; and ``(C) the offense is punishable by imprisonment for more than 1 year.''. | Congressional, Presidential, and Judicial Pension Forfeiture Act - Prohibits an individual or his or her survivor or beneficiary from being paid annuity or retired pay on the basis of the individual's creditable service if the individual is convicted of committing, while a Member of Congress (including the Vice-President), a congressional employee, or a Federal justice or judge one of specified offenses relating to his or her duties of office which is punishable by imprisonment for more than one year, including bribery of public officials, representing others in claims against the Government, making or receiving expenditures to influence voting, and engaging in acts affecting a personal financial interest. Applies the same prohibition to such an individual who: (1) is under indictment after the enactment of this Act for one of the offenses; or (2) willfully remains outside the United States or its territories and possessions for more than one year with knowledge of the indictment or charge. Prohibits interest from being computed on an individual's refund of contributions and deposits paid toward annuity or retired pay if such individual was convicted of such an offense in this Act for the period after the conviction of the violation. Amends Federal law to provide for the forfeiture of the retirement allowance payable to each former President if: (1) such former President is convicted of an offense after the date of enactment of this Act; and (2) such offense was committed during such former President's term of office as President. Makes such offense punishable by imprisonment for more than one year. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Instructional Leadership Act of 2009''. SEC. 2. FINDINGS. The Congress finds the following: (1) A school principal is expected to be an instructional leader, meaning the principal must posses the knowledge and instructional skills to guide teaching and learning in a school. (2) There is a clear intention within the amendments made by the No Child Left Behind Act of 2001 to the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) that principals become instructional leaders. Section 2113(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6613(c)) calls for principals to have-- (A) ``the instructional leadership skills to help teachers teach and students learn''; (B) and ``to help students meet challenging State student academic achievement standards''. (3) Despite this recognition of the importance of instructional leadership, adequate attention and resources have not been committed to training and supporting school principals-- (A) in meeting the standards of instructional leadership in States where such standards exist; and (B) in developing such standards in States where such standards do not exist. (4) Licensure of school principals typically does not give adequate emphasis to instructional leadership skills in the certification process. (5) The term ``highly qualified principal'' added by the No Child Left Behind Act of 2001 to the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) should be defined in such Act to include a strong emphasis on instructional leadership. SEC. 3. GRANTS FOR INSTRUCTIONAL LEADERSHIP. (a) In General.--Title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended by redesignating part I as part J and by inserting after part H the following new part: ``PART I--INSTRUCTIONAL LEADERSHIP ``SEC. 1851. COMPETITIVE GRANTS. ``(a) Grants To Develop Innovative Programs and Sites.--From the amounts made available under subsection (h), the Secretary shall make grants, on a competitive basis, to eligible entities to develop and implement innovative programs and sites (such as leadership development schools) to train school principals in instructional leadership skills, including skills relating to-- ``(1) effective instructional practices; ``(2) facilitating the development of a school vision; ``(3) providing on-going learning and professional development opportunities for school staff, including teachers; ``(4) monitoring the alignment of curriculum, instruction, and assessment; ``(5) improving instructional practices through the purposeful observation and evaluation of teachers; ``(6) ensuring the regular integration of assessments appropriate to the needs of students into daily classroom instruction; ``(7) using technology and multiple sources of data to improve classroom instruction; ``(8) providing staff with focused, sustained, research- based professional development; and ``(9) engaging all community stakeholders in a shared responsibility for student and school success. ``(b) Grants for Pilot Programs.--In addition to the grants made under subsection (a), the Secretary shall make grants, on a competitive basis, to State educational agencies, or to partnerships or consortia that include State educational agencies, to develop and implement pilot programs designed to evaluate and promote the incorporation of standards of instructional leadership into State principal certification or licensing requirements. ``(c) Duration.--A grant made under this section shall be awarded for a period of 2 years, and may be renewed for a period of 2 additional years. ``(d) Application.--An eligible entity desiring a to receive grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(e) Eligible Entity.--For purposes of this section, the term `eligible entity' means-- ``(1) a State educational agency; ``(2) a local educational agency; ``(3) a nonprofit organization (such as a State principal association); ``(4) an institution of higher education; and ``(5) a partnership or consortium that includes at least 1 of the entities described in paragraphs (1) through (4). ``(f) Report.--A recipient of a grant under this section shall submit to the Secretary a report describing the results of its activities funded by such grant. Such report shall be submitted at such time, in such manner, and containing such additional information as the Secretary may require. ``(g) Revised Concept of Highly Qualified Principal.-- ``(1) In general.--Based on the reports submitted pursuant to subsection (f), the Secretary shall, by regulation, establish a definition of `highly-qualified principal' that emphasizes standards of instructional leadership. ``(2) Considerations.--In developing such a definition, the Secretary shall give consideration to the need for principals to-- ``(A) demonstrate the knowledge, skills, and attitudes needed to effectively lead teaching and learning in schools; ``(B) engage in continuous professional development, utilizing a combination of academic study, developmental simulation exercises, self-reflection, mentorship, and internship; and ``(C) demonstrate the capacity to lead the establishment and maintenance of a professional learning community that effectively uses real time data, including State academic assessments described in section 1111(b)(3), that inform instruction, focus review, and target remediation for the purposes of ensuring standards and course content mastery, and personalized instruction for every student. ``(h) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated $100,000,000 for fiscal year 2010 and such sums as may be necessary for each of the 5 succeeding fiscal years.''. (b) Clerical Amendment.--The table of contents for the Elementary and Secondary Education Act of 1965 is amended by redesignating the item relating to part I of title I as relating to part J and by inserting before such item the following: ``Part I--Instructional Leadership''. Sec. 1851. Competitive grants. SEC. 4. ESTABLISHING STATE-OF-THE-ART PRINCIPAL INDUCTION PROGRAMS. (a) In General.--Title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6601 et seq.) is amended by adding at the end the following: ``PART E--ESTABLISHING STATE-OF-THE-ART PRINCIPAL INDUCTION PROGRAMS ``SEC. 2501. COMPETITIVE GRANTS. ``(a) Grants.--From the amounts made available to carry out this section, the Secretary may make grants, on a competitive basis, to States and eligible local educational agencies for the purpose of developing state-of-the-art principal induction programs. ``(b) Eligible Local Educational Agency.--In this section, the term `eligible local educational agency' means-- ``(1) a high-need local educational agency (as such term is defined in section 2102(3)); or ``(2) a partnership of a high-need local educational agency; and-- ``(A) an institution of higher education; ``(B) a principal organization; or ``(C) any other nonprofit education organization. ``(c) Use of Funds.--A State or an eligible local educational agency that receives a grant under subsection (a) shall use the funds made available through the grant to develop a state-of-the-art principal induction program that-- ``(1) provides new principals a minimum of 3 years of extensive, high-quality, comprehensive induction into the field of school administration; and ``(2) includes-- ``(A) structured mentoring from highly qualified master or mentor principal who are certified, have school administration experience in a school similar to the school of the new principal, and are trained to mentor new principals; ``(B) at least 90 minutes each week of common meeting time for a new principal to administrative and leadership tasks under the director of a master or mentor principal; ``(C) regular observation by a master or mentor principal in the new principal's school; ``(D) observation by the new principal of the master or mentor principal's classroom; ``(E) intensive professional development activities for new principals that result in improved instructional leadership and student achievement, including-- ``(i) lesson demonstration by master and mentor principals in the classroom; ``(ii) observation by such master and mentor principals; and ``(iii) feedback by such master and mentor principals; ``(F) observation by new principals of at least 3 principals and feedback (that uses research-validated benchmarks of leadership skills and standards that are developed with input from principals) at least 4 times each school year by multiple evaluators, including master and mentor principals; ``(G) paid release time for the mentor principal for mentoring, or salary supplements under section 2502 for mentoring new principals at a ratio of one full- time mentor to every 12 new principals; ``(H) a transition year for new principals to the school that includes a reduced workload for such principals; and ``(I) a standards-based assessment, which may include examination of practice and a measure of gains in student learning, of every new principal to determine whether the principal should move forward in the school administration profession. ``(d) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section.''. (b) Clerical Amendment.--The table of contents for the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 2441 the following: ``Part E--Establishing State-of-the-Art Principal Induction Programs''. Sec. 2501. Competitive grants. | Instructional Leadership Act of 2009 - Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to award competitive grants to states, local educational agencies (LEAs), nonprofit organizations, institutions of higher education, or partnerships or consortia which include at least one of those entities to develop and implement innovative programs and sites (such as leadership development schools) to train school principals in instructional leadership skills. Requires the Secretary to award additional competitive grants to states or partnerships or consortia which include states for pilot programs that evaluate and promote the incorporation of instructional leadership standards into state principal certification or licensure. Directs the Secretary to establish a definition of "highly-qualified principal" that is based on reports from this Act's grantees and emphasizes instructional leadership standards. Requires the Secretary to award competitive grants to states and high-need LEAs or partnerships between such LEAs and certain educational entities to develop state-of-the-art principal induction programs that provide new principals a minimum of three years of extensive, high-quality, comprehensive induction into the field of school administration. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Veterans Affairs Mammography Quality Standards Act''. SEC. 2. MAMMOGRAPHY QUALITY STANDARDS. (a) In General.--(1) Subchapter II of chapter 73 is amended by adding at the end the following new section: ``Sec. 7319. Mammography quality standards ``(a) A mammogram may not be performed at a Department facility unless that facility is accredited for that purpose by a private nonprofit organization designated by the Secretary. An organization designated by the Secretary under this subsection shall meet the standards for accrediting bodies established under section 354(e) of the Public Health Service Act (42 U.S.C. 263b(e)). ``(b) The Secretary, in consultation with the Secretary of Health and Human Services, shall prescribe quality assurance and quality control standards relating to the performance and interpretation of mammograms and use of mammogram equipment and facilities of the Department of Veterans Affairs consistent with the requirements of section 354(f)(1) of the Public Health Service Act. Such standards shall be no less stringent than the standards prescribed by the Secretary of Health and Human Services under section 354(f) of the Public Health Service Act. ``(c)(1) The Secretary, to ensure compliance with the standards prescribed under subsection (b), shall provide for an annual inspection of the equipment and facilities used by and in Department health care facilities for the performance of mammograms. Such inspections shall be carried out in a manner consistent with the inspection of certified facilities by the Secretary of Health and Human Services under section 354(g) of the Public Health Service Act. ``(2) The Secretary may not provide for an inspection under paragraph (1) to be performed by a State agency. ``(d) The Secretary shall ensure that mammograms performed for the Department under contract with any non-Department facility or provider conform to the quality standards prescribed by the Secretary of Health and Human Services under section 354 of the Public Health Service Act. ``(e) For the purposes of this section, the term `mammogram' has the meaning given such term in paragraph (5) of section 354(a) of the Public Health Service Act (42 U.S.C. 263b(a)).''. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 7318 the following new item: ``7319. Mammography quality standards.''. (b) Deadline for Prescribing Standards.--The Secretary of Veterans Affairs shall prescribe standards under subsection (b) of section 7319 of title 38, United States Code, as added by subsection (a), not later than the end of the 120-day period beginning on the later of-- (1) the date on which the Secretary of Health and Human Services prescribes quality standards under section 354(f) of the Public Health Service Act (42 U.S.C. 263b(f)); or (2) the date of the enactment of this Act. (c) Transition.--(1) Subsection (a) of section 7319 of title 38, United States Code, as added by subsection (a), shall take effect on the date on which standards are prescribed by the Secretary of Veterans Affairs under subsection (b) of that section. (2) During the transition period, the Secretary of Veterans Affairs may waive the requirement of subsection (a) of section 7319 of title 38, United States Code, as added by subsection (a), to any facility of the Department. The Secretary may provide such a waiver in the case of any facility only if the Secretary determines, based upon the recommendation of the Under Secretary for Health of the Department of Veterans Affairs, that during the period such a waiver is in effect for such facility (including any extension of the waiver under paragraph (3)) the facility will be operated in accordance with standards prescribed by the Secretary under subsection (b) of such section to assure the safety and accuracy of mammography services provided. (3) The transition period for purposes of this section is the six- month period beginning on the date specified in paragraph (1). The Secretary may extend such period for a period not to exceed 90 days in the case of any Department facility. Any such extension may be made only if the Under Secretary for Health determines that-- (A) without the extension access of veterans to mammography services in the geographic area served by the facility would be significantly reduced; and (B) appropriate steps will be taken before the end of the transition period (as extended) to obtain accreditation of the facility as required by subsection (a) of section 7319 of title 38, United States Code, as added by subsection (a). (d) Implementation Report.--The Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the Secretary's implementation of section 7319 of title 38, United States Code, as added by subsection (a). The report shall be submitted not later than 180 days after the date on which the Secretary prescribes the quality standards required under subsection (b) of that section. | Department of Veterans Affairs Mammography Quality Standards Act - Prohibits a mammogram from being performed at a Department of Veterans Affairs facility unless the facility is accredited for such purpose by a private nonprofit organization designated by the Secretary of Veterans Affairs. Requires any such organization to meet the standards for accrediting bodies established under the Public Health Service Act (the Act). Directs the Secretary to prescribe quality assurance and control standards relating to performance and interpretation of mammograms and the use of Department mammogram equipment and facilities consistent with requirements of the Act. Requires the Secretary to provide for an annual inspection of Department mammogram equipment and facilities. Requires any Department mammograms contracted to a non-Department facility or provider to conform to the standards of the Act. Provides for: (1) a deadline for the prescribing of standards; (2) transition provisions covering mammograms performed prior to the enactment of this Act; and (3) an implementation report from the Secretary to specified congressional committees. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Securing the Protection of our Enduring and Established Constitutional Heritage Act'' or the ``SPEECH Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The freedom of speech and the press is enshrined in the first amendment to the Constitution, and is necessary to promote the vigorous dialogue necessary to shape public policy in a representative democracy. (2) Some persons are obstructing the free expression rights of United States authors and publishers, and in turn chilling the first amendment to the Constitution of the United States interest of the citizenry in receiving information on matters of importance, by seeking out foreign jurisdictions that do not provide the full extent of free-speech protections to authors and publishers that are available in the United States, and suing a United States author or publisher in that foreign jurisdiction. (3) These foreign defamation lawsuits not only suppress the free speech rights of the defendants to the suit, but inhibit other written speech that might otherwise have been written or published but for the fear of a foreign lawsuit. (4) The threat of the libel laws of some foreign countries are so dramatic that the United Nations Human Rights Committee examined the issue and indicated that in some instances the law of libel has served to discourage critical media reporting on matters of serious public interest, adversely affecting the ability of scholars and journalists to publish their work. The advent of the internet and the international distribution of foreign media also create the danger that one country's unduly restrictive libel law will affect freedom of expression worldwide on matters of valid public interest. (5) Governments and courts of foreign countries scattered around the world have failed to curtail this practice of permitting libel lawsuits against United States persons within their courts, and foreign libel judgments inconsistent with United States first amendment protections are increasingly common. SEC. 3. RECOGNITION OF FOREIGN DEFAMATION JUDGMENTS. (a) In General.--Part VI of title 28, United States Code, is amended by adding at the end the following: ``CHAPTER 181--FOREIGN JUDGMENTS ``Sec. ``4101. Definitions. ``4102. Recognition of foreign defamation judgments. ``4103. Removal. ``4104. Declaratory judgments. ``4105. Attorney's fees. ``Sec. 4101. Definitions ``In this chapter: ``(1) Defamation.--The term `defamation' means any action or other proceeding for defamation, libel, slander, or similar claim alleging that forms of speech are false, have caused damage to reputation or emotional distress, have presented any person in a false light, or have resulted in criticism, dishonor, or condemnation of any person. ``(2) Domestic court.--The term `domestic court' means a Federal court or a court of any State. ``(3) Foreign court.--The term `foreign court' means a court, administrative body, or other tribunal of a foreign country. ``(4) Foreign judgment.--The term `foreign judgment' means a final judgment rendered by a foreign court. ``(5) State.--The term `State' means each of the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States. ``(6) United states person.--The term `United States person' means-- ``(A) a United States citizen; ``(B) an alien lawfully admitted for permanent residence to the United States; ``(C) an alien lawfully residing in the United States at the time that the speech that is the subject of the foreign defamation action was researched, prepared, or disseminated; or ``(D) a business entity incorporated in, or with its primary location or place of operation in, the United States. ``Sec. 4102. Recognition of foreign defamation judgments ``(a) First Amendment Considerations.-- ``(1) In general.--Notwithstanding any other provision of Federal or State law, a domestic court shall not recognize or enforce a foreign judgment for defamation unless the domestic court determines that-- ``(A) the defamation law applied in the foreign court's adjudication provided at least as much protection for freedom of speech and press in that case as would be provided by the first amendment to the Constitution of the United States and by the constitution and law of the State in which the domestic court is located; or ``(B) even if the defamation law applied in the foreign court's adjudication did not provide as much protection for freedom of speech and press as the first amendment to the Constitution of the United States and the constitution and law of the State, the party opposing recognition or enforcement of that foreign judgment would have been found liable for defamation by a domestic court applying the first amendment to the Constitution of the United States and the constitution and law of the State in which the domestic court is located. ``(2) Burden of establishing application of defamation laws.--The party seeking recognition or enforcement of the foreign judgment shall bear the burden of making the showings required under subparagraph (A) or (B). ``(b) Jurisdictional Considerations.-- ``(1) In general.--Notwithstanding any other provision of Federal or State law, a domestic court shall not recognize or enforce a foreign judgment for defamation unless the domestic court determines that the exercise of personal jurisdiction by the foreign court comported with the due process requirements that are imposed on domestic courts by the Constitution of the United States. ``(2) Burden of establishing exercise of jurisdiction.--The party seeking recognition or enforcement of the foreign judgment shall bear the burden of making the showing that the foreign court's exercise of personal jurisdiction comported with the due process requirements that are imposed on domestic courts by the Constitution of the United States. ``(c) Judgment Against Provider of Interactive Computer Service.-- ``(1) In general.--Notwithstanding any other provision of Federal or State law, a domestic court shall not recognize or enforce a foreign judgment for defamation against the provider of an interactive computer service, as defined in section 230 of the Communications Act of 1934 (47 U.S.C. 230) unless the domestic court determines that the judgment would be consistent with section 230 if the information that is the subject of such judgment had been provided in the United States. ``(2) Burden of establishing consistency of judgment.--The party seeking recognition or enforcement of the foreign judgment shall bear the burden of establishing that the judgment is consistent with section 230. ``(d) Appearances Not a Bar.--An appearance by a party in a foreign court rendering a foreign judgment to which this section applies shall not deprive such party of the right to oppose the recognition or enforcement of the judgment under this section, or represent a waiver of any jurisdictional claims. ``(e) Rule of Construction.--Nothing in this section shall be construed to-- ``(1) effect the enforceability of any foreign judgment other than a foreign judgment for defamation; or ``(2) limit the applicability of section 230 of the Communications Act of 1934 (47 U.S.C. 230) to causes of action for defamation. ``Sec. 4103. Removal ``In addition to removal allowed under section 1441, any action brought in a State domestic court to enforce a foreign judgment for defamation in which-- ``(1) any plaintiff is a citizen of a State different from any defendant; ``(2) any plaintiff is a foreign state or a citizen or subject of a foreign state and any defendant is a citizen of a State; or ``(3) any plaintiff is a citizen of a State and any defendant is a foreign state or citizen or subject of a foreign state, may be removed by any defendant to the district court of the United States for the district and division embracing the place where such action is pending without regard to the amount in controversy between the parties. ``Sec. 4104. Declaratory judgments ``(a) Cause of Action.-- ``(1) In general.--Any United States person against whom a foreign judgment is entered on the basis of the content of any writing, utterance, or other speech by that person that has been published, may bring an action in district court, under section 2201(a), for a declaration that the foreign judgment is repugnant to the Constitution or laws of the United States. For the purposes of this paragraph, a judgment is repugnant to the Constitution or laws of the United States if it would not be enforceable under section 4102(a), (b), or (c). ``(2) Burden of establishing unenforceability of judgment.--The party bringing an action under paragraph (1) shall bear the burden of establishing that the foreign judgment would not be enforceable under section 4102(a), (b), or (c). ``(b) Nationwide Service of Process.--Where an action under this section is brought in a district court of the United States, process may be served in the judicial district where the case is brought or any other judicial district of the United States where the defendant may be found, resides, has an agent, or transacts business. ``Sec. 4105. Attorneys' fees ``In any action brought in a domestic court to enforce a foreign judgment for defamation, including any such action removed from State court to Federal court, the domestic court shall, absent exceptional circumstances, allow the party opposing recognition or enforcement of the judgment a reasonable attorney's fee if such party prevails in the action on a ground specified in section 4102(a), (b), or (c).''. (b) Sense of Congress.--It is the Sense of the Congress that for the purpose of pleading a cause of action for a declaratory judgment, a foreign judgment for defamation or any similar offense as described under chapter 181 of title 28, United States Code, (as added by this Act) shall constitute a case of actual controversy under section 2201(a) of title 28, United States Code. (c) Technical and Conforming Amendment.--The table of chapters for part VI of title 28, United States Code, is amended by adding at the end the following: ``181. Foreign judgments.................................... 4101.''. | Securing the Protection of our Enduring and Established Constitutional Heritage Act or SPEECH Act - Prohibits a domestic court from recognizing or enforcing a foreign judgment for defamation unless the domestic court determines that: (1) the defamation law applied in the foreign court's adjudication provided at least as much protection for freedom of speech and press in that case as would be provided by the First Amendment to the U.S. Constitution and by the constitution and law of the state in which the domestic court is located; or (2) even if the defamation law applied in the foreign court's adjudication did not provide this much protection for freedom of speech and press, the party opposing recognition or enforcement of that foreign judgment would have been found liable for defamation by a domestic court applying the First Amendment to the U.S. Constitution and the constitution and law of the state in which the domestic court is located. Prohibits a domestic court from recognizing or enforcing a foreign judgment for defamation against the provider of an interactive computer service unless the domestic court determines that the judgment would be consistent with provisions of the Communications Act of 1934 affording protection for private blocking and screening of offensive material, if the information that is the subject of the judgment had been provided in the United States. Specifies circumstances for removal by a defendant to the appropriate U.S. district court, without regard to the amount in controversy, of any action brought in a state domestic court to enforce a foreign judgment for defamation. Provides that any U.S. person, against whom a foreign judgment is entered on the basis of the content of any writing, utterance, or other speech by that person that has been published, may bring an action in district court for a declaration that the foreign judgment is repugnant to the Constitution or laws of the United States. Expresses the sense of Congress that, for purposes of pleading a cause of action for a declaratory judgment, a foreign judgment for defamation or any similar offense shall constitute a case of actual controversy under the federal judicial code. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Kenai Mountains-Turnagain Arm National Heritage Area Act of 2000''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the Kenai Mountains-Turnagain Arm transportation corridor is a major gateway to Alaska and includes a range of transportation routes used first by indigenous people who were followed by pioneers who settled the Nation's last frontier; (2) the natural history and scenic splendor of the region are equally outstanding; vistas of nature's power include evidence of earthquake subsidence, recent avalanches, retreating glaciers, and tidal action along Turnagain Arm, which has the world's second greatest tidal range; (3) the cultural landscape formed by indigenous people and then by settlement, transportation, and modern resource development in this rugged and often treacherous natural setting stands as powerful testimony to the human fortitude, perseverance, and resourcefulness that is America's proudest heritage from the people who settled the frontier; (4) there is a national interest in recognizing, preserving, promoting, and interpreting these resources; (5) the Kenai Mountains-Turnagain Arm region is geographically and culturally cohesive because it is defined by a corridor of historical routes--trail, water, railroad, and roadways through a distinct landscape of mountains, lakes, and fjords; (6) national significance of separate elements of the region include, but are not limited to, the Iditarod National Historic Trail, the Seward Highway National Scenic Byway, and the Alaska Railroad National Scenic Railroad; (7) national heritage area designation provides for the interpretation of these routes, as well as the national historic districts and numerous historic routes in the region as part of the whole picture of human history in the wider transportation corridor including early Native trade routes, connections by waterway, mining trail, and other routes; (8) national heritage area designation also provides communities within the region with the motivation and means for ``grassroots'' regional coordination and partnerships with each other and with borough, State, and Federal agencies; and (9) national heritage area designation is supported by the Kenai Peninsula Historical Association, the Seward Historical Commission, the Seward City Council, the Hope and Sunrise Historical Society, the Hope Chamber of Commerce, the Alaska Association for Historic Preservation, the Cooper Landing Community Club, the Alaska Wilderness Recreation and Tourism Association, Anchorage Historic Properties, the Anchorage Convention and Visitors Bureau, the Cook Inlet Historical Society, the Moose Pass Sportsman's Club, the Alaska Historical Commission, the Gridwood Board of Supervisors, the Kenai River Special Management Area Advisory Board, the Bird/Indian Community Council, the Kenai Peninsula Borough Trails Commission, the Alaska Division of Parks and Recreation, the Kenai Peninsula Borough, the Kenai Peninsula Tourism Marketing Council, and the Anchorage Municipal Assembly. (b) Purposes.--The purposes of this Act are-- (1) to recognize, preserve, and interpret the historic and modern resource development and cultural landscapes of the Kenai Mountains-Turnagain Arm historic transportation corridor, and to promote and facilitate the public enjoyment of these resources; and (2) to foster, through financial and technical assistance, the development of cooperative planning and partnerships among the communities and borough, State, and Federal Government entities. SEC. 3. DEFINITIONS. In this Act: (1) Heritage area.--The term ``Heritage Area'' means the Kenai Mountains-Turnagain Arm National Heritage Area established by section 4(a) of this Act. (2) Management entity.--The term ``management entity'' means the 11-member Board of Directors of the Kenai Mountains- Turnagain Arm National Heritage Corridor Communities Association. (3) Management plan.--The term ``management plan'' means the management plan for the Heritage Area. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. KENAI MOUNTAINS-TURNAGAIN ARM NATIONAL HERITAGE AREA. (a) Establishment.--There is established the Kenai Mountains- Turnagain Arm National Heritage Area. (b) Boundaries.--The Heritage Area shall comprise the lands in the Kenai Mountains and upper Turnagain Arm region generally depicted on the map entitled ``Kenai Peninsula/Turnagain Arm National Heritage Corridor'', numbered ``Map #KMTA-1'', and dated ``August 1999''. The map shall be on file and available for public inspection in the offices of the Alaska Regional Office of the National Park Service and in the offices of the Alaska State Heritage Preservation Officer. SEC. 5. MANAGEMENT ENTITY. (a) The Secretary shall enter into a cooperative agreement with the management entity to carry out the purposes of this Act. The cooperative agreement shall include information relating to the objectives and management of the Heritage Area, including the following: (1) A discussion of the goals and objectives of the Heritage Area. (2) An explanation of the proposed approach to conservation and interpretation of the Heritage Area. (3) A general outline of the protection measures, to which the management entity commits. (b) Nothing in this Act authorizes the management entity to assume any management authorities or responsibilities on Federal lands. (c) Representatives of other organizations shall be invited and encouraged to participate with the management entity and in the development and implementation of the management plan, including but not limited to: The State Division of Parks and Outdoor Recreation; the State Division of Mining, Land and Water; the Forest Service; the State Historic Preservation Office; the Kenai Peninsula Borough; the Municipality of Anchorage; the Alaska Railroad; the Alaska Department of Transportation; and the National Park Service. (d) Representation of ex officio members in the nonprofit corporation shall be established under the bylaws of the management entity. SEC. 6. AUTHORITIES AND DUTIES OF MANAGEMENT ENTITY. (a) Management Plan.-- (1) In general.--Not later than 3 years after the Secretary enters into a cooperative agreement with the management entity, the management entity shall develop a management plan for the Heritage Area, taking into consideration existing Federal, State, borough, and local plans. (2) Contents.--The management plan shall include, but not be limited to-- (A) comprehensive recommendations for conservation, funding, management, and development of the Heritage Area; (B) a description of agreements on actions to be carried out by Government and private organizations to protect the resources of the Heritage Area; (C) a list of specific and potential sources of funding to protect, manage, and develop the Heritage Area; (D) an inventory of resources contained in the Heritage Area; and (E) a description of the role and participation of other Federal, State and local agencies that have jurisdiction on lands within the Heritage Area. (b) Priorities.--The management entity shall give priority to the implementation of actions, goals, and policies set forth in the cooperative agreement with the Secretary and the heritage plan, including assisting communities within the region in-- (1) carrying out programs which recognize important resource values in the Heritage Area; (2) encouraging economic viability in the affected communities; (3) establishing and maintaining interpretive exhibits in the Heritage Area; (4) improving and interpreting heritage trails; (5) increasing public awareness and appreciation for the natural, historical, and cultural resources and modern resource development of the Heritage Area; (6) restoring historic buildings and structures that are located within the boundaries of the Heritage Area; and (7) ensuring that clear, consistent, and appropriate signs identifying public access points and sites of interest are placed throughout the Heritage Area. (c) Public Meetings.--The management entity shall conduct 2 or more public meetings each year regarding the initiation and implementation of the management plan for the Heritage Area. The management entity shall place a notice of each such meeting in a newspaper of general circulation in the Heritage Area and shall make the minutes of the meeting available to the public. SEC. 7. DUTIES OF THE SECRETARY. (a) The Secretary, in consultation with the Governor of Alaska, or his designee, is authorized to enter into a cooperative agreement with the management entity. The cooperative agreement shall be prepared with public participation. (b) In accordance with the terms and conditions of the cooperative agreement and upon the request of the management entity, and subject to the availability of funds, the Secretary may provide administrative, technical, financial, design, development, and operations assistance to carry out the purposes of this Act. SEC. 8. SAVINGS PROVISIONS. (a) Regulatory Authority.--Nothing in this Act shall be construed to grant powers of zoning or management of land use to the management entity of the Heritage Area. (b) Effect on Authority of Governments.--Nothing in this Act shall be construed to modify, enlarge, or diminish any authority of the Federal, State, or local governments to manage or regulate any use of land as provided for by law or regulation. (c) Effect on Business.--Nothing in this Act shall be construed to obstruct or limit business activity on private development or resource development activities. SEC. 9. PROHIBITION ON THE ACQUISITION OF REAL PROPERTY. The management entity may not use funds appropriated to carry out the purposes of this Act to acquire real property or interest in real property. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. (a) First Year.--For the first year $350,000 is authorized to be appropriated to carry out the purposes of this Act, and is made available upon the Secretary and the management entity completing a cooperative agreement. (b) In General.--There is authorized to be appropriated not more than $1,000,000 to carry out the purposes of this Act for any fiscal year after the first year. Not more than $10,000,000, in the aggregate, may be appropriated for the Heritage Area. (c) Matching Funds.--Federal funding provided under this Act shall be matched at least 25 percent by other funds or in-kind services. (d) Sunset Provision.--The Secretary may not make any grant or provide any assistance under this Act beyond 15 years from the date that the Secretary and management entity complete a cooperative agreement. Passed the Senate September 22, 2000. Attest: GARY SISCO, Secretary | Authorizes appropriations. Provide s a 25 percent matching funds requirement. Prohibits the Secretary from making any grant or providing any assistance under this Act beyond 15 years after the Secretary and the management entity complete the cooperative agreement. |
SECTION 1. CONGRESSIONAL FINDINGS. The Congress makes the following findings: (1) The People's Liberation Army is the principal instrument of repression within the People's Republic of China, responsible for occupying Tibet since 1950, massacring hundreds of students and demonstrators for democracy in Tiananmen Square on June 4, 1989, and running the Laogai (``reform through labor'') slave labor camps. (2) The People's Liberation Army is engaged in a massive military buildup, which has involved a doubling since 1992 of announced official figures for military spending by the People's Republic of China. (3) The People's Liberation Army is engaging in a major ballistic missile modernization program which could undermine peace and stability in East Asia, including 2 new intercontinental missile programs, 1 submarine-launched missile program, a new class of compact but long-range cruise missiles, and an upgrading of medium- and short-range ballistic missiles. (4) The People's Liberation Army is working to coproduce the SU-27 fighter with Russia, and is in the process of purchasing several substantial weapons systems from Russia, including the 633 model of the Kilo-class submarine and the SS- N-22 Sunburn missile system specifically designed to incapacitate United States aircraft carriers and Aegis cruisers. (5) The People's Liberation Army has carried out acts of aggression in the South China Sea, including the February 1995 seizure of the Mischief Reef in the Spratley Islands, which is claimed by the Philippines. (6) In July 1995 and in March 1996, the People's Liberation Army conducted missile tests to intimidate Taiwan when Taiwan held historic free elections, and those tests effectively blockaded Taiwan's 2 principal ports of Keelung and Kaohsiung. (7) The People's Liberation Army has contributed to the proliferation of technologies relevant to the refinement of weapons-grade nuclear material, including transferring ring magnets to Pakistan. (8) The People's Liberation Army and associated defense companies have provided ballistic missile components, cruise missiles, and chemical weapons ingredients to Iran, a country that the executive branch has repeatedly reported to Congress is the greatest sponsor of terrorism in the world. (9) In May 1996, United States authorities caught the People's Liberation Army enterprise Poly Technologies and the civilian defense industrial company Norinco attempting to smuggle 2,000 AK-47s into Oakland, California, and offering to sell urban gangs shoulder-held missile launchers capable of ``taking out a 747'' (which the affidavit of the United States Customs Service of May 21, 1996, indicated that the representative of Poly Technologies and Norinco claimed), and Communist Chinese authorities punished only 4 low-level arms merchants by sentencing them on May 17, 1997, to brief prison terms. (10) The People's Liberation Army contributes to the People's Republic of China's failure to meet the standards of the 1995 Memorandum of Understanding with the United States on intellectual property rights by running factories which pirate videos, compact discs, and computer software that are products of the United States. (11) The People's Liberation Army contributes to the People's Republic of China's failing to meet the standards of the February 1997 Memorandum of Understanding with the United States on textiles by operating enterprises engaged in the transshipment of textile products to the United States through third countries. (12) The estimated $2 billion to $3 billion in annual earnings of People's Liberation Army enterprises subsidize the expansion and activities of the People's Liberation Army described in this subsection. (13) The commercial activities of the People's Liberation Army are frequently conducted on noncommercial terms, or for noncommercial purposes such as military or foreign policy considerations. SEC. 2. APPLICATION OF AUTHORITIES UNDER THE INTERNATIONAL EMERGENCY ECONOMIC POWERS ACT TO CHINESE MILITARY COMPANIES. (a) Determination of Communist Chinese Military Companies.-- (1) In general.--Subject to paragraphs (2) and (3), not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Attorney General, the Director of Central Intelligence, and the Director of the Federal Bureau of Investigation, shall compile a list of persons who are Communist Chinese military companies and who are operating directly or indirectly in the United States or any of its territories and possessions, and shall publish the list of such persons in the Federal Register. On an ongoing basis, the Secretary of Defense, in consultation with the Attorney General, the Director of Central Intelligence, and the Director of the Federal Bureau of Investigation, shall make additions or deletions to the list based on the latest information available. (2) Communist chinese military company.--For purposes of making the determination required by paragraph (1), the term ``Communist Chinese military company''-- (A) means a person that is-- (i) engaged in providing commercial services, manufacturing, producing, or exporting, and (ii) owned or controlled by the People's Liberation Army, and (B) includes, but is not limited to, any person identified in the United States Defense Intelligence Agency publication numbered VP-1920-271-90, dated September 1990, or PC-1921-57-95, dated October 1995, and any update of such reports for the purposes of this Act. (b) Presidential Authority.-- (1) Authority.--The President may exercise the authorities set forth in section 203(a) of the International Emergency Economic Powers Act (50 U.S.C. 1702(a)) with respect to any commercial activity in the United States by a Communist Chinese military company (except with respect to authorities relating to importation), without regard to section 202 of that Act. (2) Penalties.--The penalties set forth in section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to violations of any license, order, or regulation issued under paragraph (1). SEC. 3. DEFINITION. For purposes of this Act, the term ``People's Liberation Army'' means the land, naval, and air military services, the police, and the intelligence services of the Communist Government of the People's Republic of China, and any member of any such service or of such police. Passed the House of Representatives November 7, 1997. Attest: ROBIN H. CARLE, Clerk. | Directs the Secretary of Defense to list, and publish in the Federal Register, persons who are Communist Chinese military companies operating directly or indirectly in the United States or any of its territories and possessions. Authorizes the President to exercise authorities under the International Emergency Economic Powers Act (except those relating to importation) to regulate, prohibit, or penalize certain transactions involving foreign currency, transfers of credit, or property with respect to any activities of such companies in the United States. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Law Enforcement Officers Death Penalty Act of 1993''. SEC. 2. ESTABLISHMENT OF DEATH PENALTY FOR KILLING FEDERAL LAW ENFORCEMENT OFFICERS. Section 1114 of title 18, United States Code, is amended-- (1) by inserting after ``except that any such person'' the following: ``who is found guilty of first degree murder shall also be subject to the penalty of death in accordance with chapter 228 of this title and any such person''; and (2) by adding at the end ``Whoever kills a State or local law enforcement officer, while such officer is in the course of duty assisting a Federal law enforcement officer whose killing is a violation of this section, shall be subject to the same punishment as is provided under this section for the killing of such Federal law enforcement officer in the same circumstances.''. SEC. 3. DEATH PENALTY PROCEDURES. (a) In General.--Title 18 of the United States Code is amended by inserting after chapter 227 the following: ``CHAPTER 228--DEATH PENALTY PROCEDURES ``Sec. ``3591. Sentence of death. ``3592. Factors to be considered in determining whether a sentence of death is justified. ``3593. Special hearing to determine whether a sentence of death is justified. ``3594. Imposition of a sentence of death. ``3595. Review of a sentence of death. ``3596. Implementation of a sentence of death. ``3597. Use of State facilities. ``Sec. 3591. Sentence of death ``A defendant who commits an offense under section 1114 of this title for which the death penalty may be imposed shall be sentenced to death if, after consideration of the factors set forth in section 3592 of this title in the course of a hearing held pursuant to section 3593 of this title, it is determined that imposition of a sentence of death is justified. However, no person may be sentenced to death who was less than 18 years of age at the time of the offense. ``Sec. 3592. Factors to be considered in determining whether a sentence of death is justified ``(a) Mitigating Factors.--In determining whether a sentence of death is justified for any offense, the jury, or if there is no jury, the court, shall consider each of the following mitigating factors and determine which, if any, exist: ``(1) Mental capacity.--The defendant's mental capacity was significantly impaired, although the impairment was not such as to constitute a defense to prosecution. ``(2) Duress.--The defendant was under unusual and substantial duress, although not such duress as would constitute a defense to prosecution. ``(3) Participation in offense minor.--The defendant was an accomplice whose participation in the offense was relatively minor. The jury, or if there is no jury, the court, shall consider whether any other mitigating factor exists. ``(b) Aggravating Factors.--In determining whether a sentence of death is justified the jury, or if there is no jury, the court, shall consider each of the following aggravating factors and determine which, if any, exist: ``(1) Previous conviction of offense for which a sentence of death or life imprisonment was authorized.--The defendant has previously been convicted of another Federal or State offense resulting in the death of a person, for which a sentence of life imprisonment or death was authorized by statute. ``(2) Previous conviction of other serious offenses.--The defendant has previously been convicted of two or more Federal or State offenses, each punishable by a term of imprisonment of more than one year, committed on different occasions, involving controlled substances or the infliction of, or attempted infliction of, serious bodily injury or death upon another person. ``(3) Grave risk of death to additional persons.--The defendant, in the commission of the offense, knowingly created a grave risk of death to one or more persons in addition to the victim of the offense. ``(4) Heinous, cruel, or depraved manner of commission.-- The defendant committed the offense in an especially heinous, cruel, or depraved manner. ``(5) Procurement of the offense by payment.--The defendant procured the commission of the offense by payment, or promise of payment, of anything of pecuniary value. ``(6) Commission of the offense for payment.--The defendant committed the offense as consideration for the receipt, or in the expectation of the receipt, of anything of pecuniary value. ``(7) Substantial planning and premeditation.--The defendant committed the offense after substantial planning and premeditation. ``(8) Vulnerability of victim.--The victim was particularly vulnerable due to old age, youth, or infirmity. The jury, or if there is no jury, the court, may consider whether any other aggravating factor exists. ``Sec. 3593. Special hearing to determine whether a sentence of death is justified ``(a) Notice by the Government.--If, in a case involving an offense described in section 3591 of this title, the attorney for the Government believes that the circumstances of the offense are such that a sentence of death is justified under this chapter, such attorney shall, a reasonable time before the trial, or before acceptance by the court of a plea of guilty, or at such time thereafter as the court may permit upon a showing of good cause, sign and file with the court, and serve on the defendant, a notice-- ``(1) stating that the Government believes that the circumstances of the offense are such that, if the defendant is convicted, a sentence of death is justified under this chapter; and ``(2) setting forth the aggravating factor or factors, including a factor or factors not specifically enumerated in section 3592, that the Government, if the defendant is convicted, proposes to prove as justifying a sentence of death. The court may permit the attorney for the Government to amend the notice upon a showing of good cause. ``(b) Hearing Before a Court or Jury.--If the attorney for the Government has filed a notice as required under subsection (a) of this section and the defendant is found guilty of an offense described in section 3591 of this title, the judge who presided at the trial or before whom the guilty plea was entered, or another judge if that judge is unavailable, shall conduct a separate sentencing hearing to determine the punishment to be imposed. Before such a hearing, no presentence report shall be prepared by the United States Probation Service, notwithstanding the provisions of the Federal Rules of Criminal Procedure. The hearing shall be conducted-- ``(1) before the jury that determined the defendant's guilt; ``(2) before a jury impaneled for the purpose of the hearing if-- ``(A) the defendant was convicted upon a plea of guilty; ``(B) the defendant was convicted after a trial before the court sitting without a jury; ``(C) the jury that determined the defendant's guilt was discharged for good cause; or ``(D) after initial imposition of a sentence under this section, reconsideration of the sentence under the section is necessary; or ``(3) before the court alone, upon motion of the defendant and with the approval of the attorney for the Government. A jury impaneled pursuant to paragraph (2) shall consist of 12 members, unless, at any time before the conclusion of the hearing, the parties stipulate, with the approval of the court, that it shall consist of a lesser number. ``(c) Proof of Mitigating and Aggravating Factors.--At the hearing, information may be presented as to any matter relevant to the sentence, including any mitigating or aggravating factor permitted or required to be considered under section 3592 of this title. Information presented may include the trial transcript and exhibits if the hearing is held before a jury or judge not present during the trial. Any other information relevant to a mitigating or aggravating factor may be presented by either the attorney for the Government or the defendant, regardless of its admissibility under the rules governing admission of evidence at criminal trials, except that information may be excluded if its probative value is outweighed by the danger of creating unfair prejudice, confusing the issues, or misleading the jury. The attorney for the Government and for the defendant shall be permitted to rebut any information received at the hearing, and shall be given fair opportunity to present argument as to the adequacy of the information to establish the existence of any aggravating or mitigating factor, and as to the appropriateness of imposing a sentence of death in the case. The attorney for the Government shall open the argument. The defendant shall be permitted to reply. The attorney for the Government shall then be permitted to reply in rebuttal. The burden of establishing the existence of an aggravating factor is on the Government, and is not satisfied unless the existence of such a factor is established beyond a reasonable doubt. The burden of establishing the existence of any mitigating factor is on the defendant, and is not satisfied unless the existence of such a factor is established by a preponderance of the information. ``(d) Return of Special Findings.--The jury, or if there is no jury, the court, shall consider all the information received during the hearing. It shall return special findings with respect to the mitigating and aggravating factors concerning which information is received at the hearing, stating-- ``(1) whether some mitigating factor required to be considered under section 3592 exists; ``(2) whether some aggravating factor required to be considered under section 3592 exists; and ``(3) which specific mitigating or aggravating factor or factors exist. A finding under paragraph (1) or (2) that some mitigating or aggravating factor exists must be unanimous. A finding under paragraph (3) that a specific mitigating or aggravating factor exists may be made by a majority of at least nine members of the jury. ``(e) Return of a Finding Concerning a Sentence of Death.--If, in the case of an offense described in section 3591, an aggravating factor required to be considered under section 3592 is found to exist, the jury, or if there is no jury, the court, shall then consider whether the aggravating factor or factors found to exist sufficiently outweigh all the mitigating factors found to exist to justify a sentence of death, or, in the absence of a mitigating factor, whether the aggravating factor or factors alone are sufficient to justify a sentence of death. Based upon this consideration, the jury by unanimous vote, or if there is no jury, the court, shall return a finding as to whether a sentence of death is justified. The jury or the court, regardless of its findings with respect to aggravating and mitigating factors, is never required to impose a death sentence and the jury shall be so instructed. ``(f) Special Precaution to Assure Against Discrimination.--In a hearing held before a jury, the court, before the return of a finding under subsection (e) of this section, shall instruct the jury that, in considering whether a sentence of death is justified, it shall not consider the race, color, national origin, creed, or sex of the defendant or of any victim. The jury, upon return of a finding under subsection (e) of this section, shall also return to the court a certificate, signed by each juror, that consideration of the race, color, national origin, creed, or sex of the defendant or any victim was not involved in reaching the juror's individual decision. ``Sec. 3594. Imposition of a sentence of death ``Upon a finding under section 3593(e) of this title that a sentence of death is justified, the court shall sentence the defendant to death. Upon finding under section 3593(e) of this title that no aggravating factor required to be found exists or that a sentence of death is not justified, the court shall impose any sentence other than death that is authorized by law. ``Sec. 3595. Review of a sentence of death ``(a) Appeal.--In a case in which a sentence of death is imposed, the sentence shall be subject to review by the court of appeals upon appeal by the defendant. Notice of appeal must be filed within the time specified for the filing of a notice of appeal. An appeal under this section may be consolidated with an appeal of the judgment of conviction and shall have priority over all other cases. ``(b) Review.--The court of appeals shall review the entire record in the case, including-- ``(1) the evidence submitted during the trial; ``(2) the information submitted during the sentencing hearing; ``(3) the procedure employed in the sentencing hearing; and ``(4) the special findings returned under section 3593(d) of this title. ``(c) Decision and Disposition.-- ``(1) If the court of appeals determines that-- ``(A) the sentence of death was not imposed under the influence of passion, prejudice, or any other arbitrary factor; and ``(B) the information supports the special findings of the existence of an aggravating factor or factors; it shall affirm the sentence. ``(2) In any other case, the court of appeals shall remand the case for reconsideration under section 3593 or for imposition of another authorized sentence as appropriate. ``(3) The court of appeals shall state in writing the reasons for its disposition of an appeal of sentence of death under this section. ``Sec. 3596. Implementation of sentence of death ``A person who has been sentenced to death pursuant to this chapter shall be committed to the custody of the Attorney General until exhaustion of the procedures for appeal of the judgment of conviction and for review of the sentence. When the sentence is to be implemented, the Attorney General shall release the person sentenced to death to the custody of a United States marshal, who shall supervise implementation of the sentence in the manner prescribed by law of the State in which the sentence is imposed. If the law of such State does not provide for implementation of a sentence of death, the court shall designate another State, the law of which does so provide, and the sentence shall be implemented in the manner prescribed by such law. A sentence of death shall not be carried out upon a person who lacks the mental capacity to understand the death penalty and why it was imposed on that person, or upon a woman while she is pregnant. ``Sec. 3597. Use of State facilities ``A United States marshal charged with supervising the implementation of a sentence of death may use appropriate State or local facilities for the purpose, may use the services of an appropriate State or local official or of a person such as an official employed for the purpose, and shall pay the costs thereof in the amount approved by the Attorney General.''. (b) Clerical Amendment to Chapter Analysis.--Title 18, United States Code, is amended in the chapter analysis of part II, by adding the following new item after the item relating to chapter 227: ``228. Death penalty procedures............................. 3591''. | Law Enforcement Officers Death Penalty Act of 1993 - Amends the Federal criminal code to subject any person who is found guilty of the first degree murder of a Federal law enforcement officer, or certain other Federal officials or employees, to the penalty of death. Subjects anyone who kills a State or local law enforcement officer, while such officer is in the course of duty assisting such a Federal law enforcement officer, to the same punishment as is provided for the killing of the Federal officer in the same circumstances. Establishes procedures for the imposition of the death penalty in such cases. Provides that no person who was less than 18 years of age at the time of the offense may be sentenced to death. Sets forth mitigating and aggravating factors to be considered by the jury in determining whether the death sentence will be imposed. Requires the Government to serve notice upon the defendant a reasonable time before trial or acceptance of a plea that it intends to seek the death penalty, as well as notice of the aggravating factors upon which it will rely. Provides that no presentence report shall be prepared in such cases. Requires a separate sentencing hearing before a jury or the court (upon motion by the defendant) when the defendant is convicted and the Government has filed notice that it intends to seek the death penalty. Allows the Government and the defendant to present any information relevant to a mitigating or aggravating factor without regard to the rules of evidence, but permits information to be excluded where its probative value is substantially outweighed by the danger of creating unfair prejudice, confusing the issues, or misleading the jury. Conditions imposition of the death penalty on a unanimous finding by the jury or, if there is no jury, the court, that: (1) the aggravating factors found to exist sufficiently outweigh any mitigating factor found to exist; or (2) in the absence of a mitigating factor, the aggravating factors alone are sufficient to justify a sentence of death. Specifies that: (1) the jury or the court is never required to impose a death sentence; and (2) the jury shall be so instructed. Requires the court to instruct the jury not to consider the race, color, national origin, creed, or sex of the defendant in its consideration of the death sentence. Establishes procedures for: (1) appeal from a death sentence; and (2) implementation of such sentence. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Regulatory Assistance Act of 1998''. SEC. 2. PURPOSE. The purpose of this Act is to establish a system of confidential voluntary compliance with Federal regulations that will-- (1) provide a low-cost process to significantly improve voluntary compliance by small business concerns with Federal regulations; (2) improve the level of outreach to the small business community; and (3) provide for unbiased feedback to Federal agencies on the small business regulatory environment. SEC. 3. ESTABLISHMENT OF PROGRAM. The Small Business Act (15 U.S.C. 637 et seq.) is amended by inserting after section 21A the following: ``SEC. 21B. SMALL BUSINESS REGULATORY RELIEF. ``(a) Definitions.--In this section: ``(1) Assistant administrator.--The term `Assistant Administrator' means the Assistant Administrator for Small Business Development Centers of the Administration. ``(2) Compliance assistance plan.--The term `compliance assistance plan' means a 5-year plan jointly developed and revised annually by each participating agency, the Assistant Administrator, and representatives of an association representing a majority of small business development centers, for the establishment and maintenance of the system of voluntary compliance. ``(3) Participating agency.--The term `participating agency' means-- ``(A) the Internal Revenue Service of the Department of the Treasury; ``(B) the Environmental Protection Agency; and ``(C) the Department of Labor. ``(4) Small business development center.--The term `small business development center'-- ``(A) means a small business development center established pursuant to section 21; and ``(B) includes a consortium of 2 or more small business development centers. ``(5) System of voluntary compliance.--The term `system of voluntary compliance' means a system under which small business development centers provide confidential assistance to 1 or more small business concerns in achieving voluntary compliance with regulatory requirements imposed on small business concerns by a participating agency. ``(b) Duties of the Participating Agency-- ``(1) Compliance assistance plan.--Not later than 90 days after the enactment of the Small Business Regulatory Assistance Act of 1998 and annually thereafter, each participating agency, the Assistant Administrator, and representatives of an association representing a majority of small business development centers, shall agree to a compliance assistance plan. ``(2) Contents of the compliance assistance plan.--The compliance assistance plan agreed to under paragraph (1) shall include-- ``(A) the regulatory compliance objectives of each participating agency; ``(B) the regulatory compliance priorities of each participating agency; ``(C) identification of the types of services, materials, and resources to be developed or used by each participating agency; ``(D) identification of facilities, expertise, and other resources of each participating agency that may be accessed by the Assistant Administrator, a small business development center, or a small business concern participating in the system of voluntary compliance established under this section; and ``(E) performance outcome measures and evaluation criteria to be used by each participating agency in evaluating the effectiveness of the system of voluntary compliance established under this section. ``(c) Duties of the Office of Small Business Development Centers.-- ``(1) Implementation and administration of the compliance assistance plan.-- ``(A) In general.--Based on the compliance assistance plan agreed to under subsection (b)(1), not later than 180 days after the date of enactment of the Small Business Regulatory Assistance Act of 1998, the Assistant Administrator, with the agreement of an association representing a majority of small business development centers, shall develop and publish guidelines for the establishment by small business development centers of the system of voluntary compliance in accordance with this section. ``(B) Guideline requirements.--The guidelines published under subparagraph (A) shall-- ``(i) establish priorities for the types of assistance to be provided to small business concerns under the system of voluntary compliance established by small business development centers under this section; and ``(ii) establish standards relating to educational, technical, and support services required by small business development centers to provide a system of voluntary compliance. ``(C) Program delivery.--The guidelines established under subparagraph (A) shall-- ``(i) require that the assistance to small business concerns participating in the system of voluntary compliance under this section to be carried out by small business development centers, which shall, to the maximum extent practicable, access other existing Federal and State nonpunitive, compliance and technical assistance programs, including, but not limited to, the technical and environmental compliance assistance programs established under section 507 of the Clean Air Act Amendments of 1990; and ``(ii) provide that certain national service delivery and support requirements be carried out under contract with an association representing the majority of small business development centers. ``(D) Issuance of grant.--Not later than 150 days after the submission of work plans under subsection (d)(1), the Assistant Administrator shall make a grant to each small business development center to carry out the system of voluntary compliance. ``(d) Duties of Small Business Development Centers.-- ``(1) Work plan.--Beginning not later that 60 days after the date on which the guidelines are published by the Assistant Administrator under subsection (c)(1)(A), each small business development center shall, on an annual basis, submit to the Assistant Administrator a work plan under which the small business development center will carry out the system of voluntary compliance in accordance with such guidelines. ``(2) Assistance provided.-- ``(A) In general.--Subject to subparagraph (B), the assistance to small business concerns participating in the system of voluntary compliance shall include-- ``(i) access to information and resources; ``(ii) training and educational activities; ``(iii) confidential, free-of-charge, one- on-one in-depth counseling; ``(iv) technical assistance; and ``(v) referrals to experts. ``(B) Exception for legal services.--No small business development center (or any person relied on by a small business development center in providing assistance under this section) shall provide legal services, other than the provision of basic business law information, without the endorsement of the State Bar Association of each State in which the small business development center (or any person relied on by a small business development center in providing assistance under this section) are providing services under this section. ``(3) Reports; recommendations-- ``(A) In general.--Each small business development center receiving assistance under this section shall, on an annual basis, submit to the Assistant Administrator a report on the assistance provided by the small business development center under this section. ``(B) Privacy protection.--No small business development center (or any person relied on by a small business development center in providing assistance under this section) shall be required to disclose the name or address of any small business concern participating in the system of voluntary compliance under this section. ``(C) Audits.--Subparagraph (B) shall not be construed to prevent the Assistant Administrator or the Inspector General of the Administration from auditing a small business development center (or any person relied on by a small business development center in providing assistance under this section). ``(e) Evaluations.-- ``(1) Annual report.--The Assistant Administrator shall, on an annual basis, submit to the Committees on Small Business of the Senate and the House of Representatives and to the Regulatory Fairness Board established under section 29 a report, which shall include-- ``(A) a description of the types of assistance provided by small business development centers to small business concerns participating in the system of voluntary compliance; ``(B) the level of outreach to small business concerns achieved by small business development centers under this section; and ``(C) recommendations for improvements in the regulation of small business concerns participating in the system of voluntary compliance. ``(2) Independent national assessment.--Upon the expiration of the 3-year period beginning on the date on which a majority of small business development centers have received grants to begin implementation of the work plans described under subsection (d)(1), the Comptroller General of the United States shall provide for an evaluation of the system of voluntary compliance established under this section which shall be submitted to the Committees on Small Business of the Senate and the House of Representatives. ``(f) Funding.-- ``(1) In general.--Subject to paragraph (2), the total amount received under this section in any fiscal year by small business development centers located in a State shall not exceed the sum of-- ``(A) the State's pro rata share of the amount made available under subsection (g), based on the population of the State as compared to the total population in the United States; and ``(B) $300,000. ``(2) Exception.--Amounts made available to a small business development center by the Administration or another agency to carry out section 21(c)(3)(G) shall not be included in the calculation of maximum funding of a small business development center under paragraph (1). ``(3) Exemption from matching requirement.--Amounts made available to a small business development center under this section shall not be subject to the matching funds requirements or the eligibility requirements of section 21(a)(4). ``(4) Certification requirement.-- ``(A) In general.--Subject to subparagraph (B), after September 30, 2000, the Assistant Administrator may not make any amount available under this section to a small business development center, unless the small business development center (or with respect to a consortium of small business development centers receiving assistance under this section as a single grantee, each center within consortium) has been approved under the certification program under section 21(k)(2). ``(B) Waiver.--The Associate Administrator may waive the requirements of subparagraph (A) with respect to a small business development center if the Associate Administrator determines that the small business development center is making a good faith effort to obtain the certification described in subparagraph (A). ``(5) Administrative costs.--Not more than 2 percent of the amount made available under subsection (g) in each fiscal year may be used by the Assistant Administrator for the costs of administration, evaluation, and reporting under this section. ``(g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- ``(1) $40,000,000 for fiscal year 1999; ``(2) $50,000,000 for fiscal year 2000; ``(3) $62,000,000 for fiscal year 2001; and ``(4) $77,000,000 for fiscal year 2002.''. | Small Business Regulatory Assistance Act of 1998 - Amends the Small Business Act to require each participating Federal agency (the Internal Revenue Service, Environmental Protection Agency, and Department of Labor), the Assistant Administrator for Small Business Development Centers of the Small Business Administration, and representatives of an association representing a majority of small business development centers (SBDCs) to agree to a small business regulatory compliance assistance plan. Directs the Assistant Administrator to develop and publish guidelines for the establishment by SBDCs of a system of small business voluntary regulatory compliance (system), with specified guideline requirements. Outlines the assistance to be provided to participating small businesses, with an exception concerning legal services. Requires annual reports from: (1) each SBDC to the Assistant Administrator on assistance provided; and (2) the Assistant Administrator to the House and Senate Small Business Committees and the Regulatory Fairness Board concerning the assistance provided under this Act, the level of outreach to small businesses achieved by SBDCs, and recommendations for improvements in the regulation of small businesses participating in the system. Directs the Comptroller General to evaluate the system and submit findings to such Committees. Provides State funding limits for such assistance, with exceptions and an exemption from matching requirements. Prohibits the Assistant Administrator from providing any funds to an SBDC after September 30, 2000, unless such SBDC has been approved for funding under a certification requirement (with a waiver for a good faith effort to achieve such certification). Authorizes appropriations for FY 1999 through 2002. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Sons and Daughters of Pearl Harbor Survivors Charter Act''. SEC. 2. CHARTER FOR SONS AND DAUGHTERS OF PEARL HARBOR SURVIVORS. (a) In General.--Part B of subtitle II of title 36, United States Code, is amended by inserting after chapter 1703 the following new chapter: ``CHAPTER 1704--SONS AND DAUGHTERS OF PEARL HARBOR SURVIVORS ``170401. Organization. ``170402. Purposes. ``170403. Membership. ``170404. Governing body. ``170405. Powers. ``170406. Exclusive Right to Name, Seals, Emblems, and Badges. ``170407. Restrictions. ``170408. Duty to Maintain Corporate and Tax-Exempt Status. ``170409. Records and Inspection. ``170410. Service of Process. ``170411. Liability for acts of officers and agents. ``170412. Annual report. ``170413. Definitions. ``Sec. 170401. Organization ``(a) Federal Charter.--The Sons and Daughters of Pearl Harbor Survivors, a nonprofit corporation organized under the laws of the State of Florida, is a federally chartered corporation. ``(b) Expiration of Charter.--If the corporation does not comply with any provision of this chapter, the charter granted by subsection (a) expires. ``Sec. 170402. Purposes ``The purposes of the corporation are fraternal, patriotic, historical, and educational as provided in its bylaws and articles of incorporation and shall include the following: ``(1) To preserve, teach, and promote true patriotism and loyalty to the United States of America. ``(2) To perpetuate the memory of the servicemen and servicewomen and the events pertaining to that Day of Infamy, 7 December 1941. ``(3) To assist in the preservation and encourage the study of documents and chronicles of service performed by the Pearl Harbor survivors and nonsurvivors. ``(4) To celebrate the anniversary of the bombing of Pearl Harbor, the island of Oahu, on 7 December 1941. ``(5) To unite and promote comradeship among descendants. ``(6) To encourage in all people an understanding of 7 December 1941, which will guard against future attacks on American soil. ``Sec. 170403. Membership ``Eligibility for membership in the corporation, and the rights and privileges of the members of the corporation, are as provided in the bylaws of the corporation. ``Sec. 170404. Governing body ``(a) Board of Directors.--The board of directors of the corporation and the responsibilities of the board are as provided in the bylaws and articles of incorporation of the corporation. ``(b) Officers.--The officers and the election of officers of the corporation are as provided in the bylaws and articles of incorporation of the corporation. ``Sec. 170405. Powers ``The corporation has only the powers provided in its bylaws and articles of incorporation filed in each State in which it is incorporated. ``Sec. 170406. Exclusive right to name, seals, emblems, and badges ``The corporation shall have the exclusive right to use the name `Sons and Daughters of Pearl Harbor Survivors' and any seals, emblems, and badges the corporation adopts. ``Sec. 170407. Restrictions ``(a) Stock and Dividends.--The corporation may not issue stock or declare or pay a dividend. ``(b) Political Activities.--The corporation, or any director or officer of the corporation, acting as such director or officer, may not contribute to, support, or otherwise participate in any political activity or in any manner attempt to influence legislation. ``(c) Distribution of Income or Assets.--No part of the income or assets of the corporation may inure to the benefit of, or be distributed to, any director, officer, or employee of the corporation during the life of the charter granted by this chapter. Nothing in this subsection may be construed to prevent the payment of reasonable compensation to the officers and employees of the corporation or the reimbursement of actual necessary expenses in the amounts approved by the board of directors of the corporation. ``(d) Loan.--The corporation may not make a loan to any director, officer, or employee of the corporation. ``(e) Claim of Government Approval or Authority.--The corporation may not claim the approval of Congress or the authorization of the United States Government for any of its activities. ``Sec. 170408. Duty to maintain corporate and tax-exempt status ``(a) Corporate Status.--The corporation shall maintain its status as a corporation incorporated under the laws of the State of Florida. ``(b) Tax-Exempt Status.--The corporation shall maintain its status as an organization exempt from taxation under the Internal Revenue Code of 1986. ``Sec. 170409. Records and inspection ``(a) Records.--The corporation shall keep-- ``(1) correct and complete records of account; ``(2) minutes of the proceedings of its members, board of directors, and committees having any of the authority of its board of directors; and ``(3) at its principal office, a record of the names and addresses of its members entitled to vote, if any. ``(b) Inspection.--A member entitled to vote on matters relating to the corporation, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time. ``Sec. 170410. Service of process ``The corporation shall comply with the law on service of process of the State of Florida and in each State in which it carries on activities. ``Sec. 170411. Liability for acts of officers and agents ``The corporation is liable for the acts of its officers and agents acting within the scope of their authority. ``Sec. 170412. Annual report ``The corporation shall submit to Congress an annual report on the activities of the corporation during the preceding fiscal year. The report shall be submitted at the same time as the report of the audit required by section 10101 of this title. The report may not be printed as a public document. ``Sec. 170413. Definitions ``For the purposes of this chapter: ``(1) The term `corporation' means the Sons and Daughters of Pearl Harbor Survivors. ``(2) The term `State' includes the District of Columbia and the territories and possessions of the United States.''. (b) Clerical Amendment.--The table of chapters at the beginning of subtitle II of title 36, United States Code, is amended by inserting after the item relating to chapter 1703 the following new item: ``1704. Sons and Daughters of Pearl Harbor Survivors................................... ........................................1704 01.''. | Sons and Daughters of Pearl Harbor Survivors Charter Act - Grants a Federal charter to the Sons and Daughters of Pearl Harbor Survivors (a nonprofit corporation organized under the laws of Florida). |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Inflammatory Bowel Disease Research Enhancement Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Crohn's disease and ulcerative colitis are serious inflammatory diseases of the gastrointestinal tract. (2) Crohn's disease may occur in any section of the gastrointestinal tract but is predominately found in the lower part of the small intestine and the large intestine. Ulcerative colitis is characterized by inflammation and ulceration of the innermost lining of the colon. Complete removal of the colon in patients with ulcerative colitis can potentially alleviate and cure symptoms. (3) Because Crohn's disease and ulcerative colitis behave similarly, they are collectively known as inflammatory bowel disease. Both diseases present a variety of symptoms, including severe diarrhea; abdominal pain with cramps; fever; and rectal bleeding. There is no known cause of inflammatory bowel disease, or medical cure. (4) It is estimated that up to 1,400,000 people in the United States suffer from inflammatory bowel disease, 30 percent of whom are diagnosed during their childhood years. (5) Children with inflammatory bowel disease miss school activities because of bloody diarrhea and abdominal pain, and many adults who had onset of inflammatory bowel disease as children had delayed puberty and impaired growth and have never reached their full genetic growth potential. (6) Inflammatory bowel disease patients are at high risk for developing colorectal cancer. (7) The total annual medical costs for inflammatory bowel disease patients is estimated at more than $2,000,000,000. SEC. 3. NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND KIDNEY DISEASES; INFLAMMATORY BOWEL DISEASE RESEARCH EXPANSION. (a) In General.--The Director of the National Institute of Diabetes and Digestive and Kidney Diseases shall expand, intensify, and coordinate the activities of the Institute with respect to research on inflammatory bowel disease, with particular emphasis on the following areas: (1) Genetic research on susceptibility for inflammatory bowel disease, including the interaction of genetic and environmental factors in the development of the disease. (2) Research targeted to increase knowledge about the causes and complications of inflammatory bowel disease in children. (3) Animal model research on inflammatory bowel disease, including genetics in animals. (4) Clinical inflammatory bowel disease research, including clinical studies and treatment trials. (5) Expansion of the Institute's Inflammatory Bowel Disease Centers program with a focus on pediatric research. (6) Other research initiatives identified by the scientific document entitled ``Challenges in Inflammatory Bowel Disease'' and the research agenda for pediatric gastroenterology, hepatology, and nutrition entitled ``Chronic Inflammatory Bowel Disease''. (b) Authorization of Appropriations.-- (1) In general.--For the purpose of carrying out subsection (a), there are authorized to be appropriated $80,000,000 for fiscal year 2008, $90,000,000 for fiscal year 2009, and $100,000,000 for fiscal year 2010. (2) Reservation.--Of the amounts authorized to be appropriated under paragraph (1), not more than 20 percent shall be reserved for the training of qualified health professionals in biomedical research focused on inflammatory bowel disease, including pediatric investigators. SEC. 4. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by inserting after section 317S the following: ``SEC. 317T. PEDIATRIC INFLAMMATORY BOWEL DISEASE REGISTRY. ``(a) Establishment.-- ``(1) In general.--Not later than 6 months after the receipt of the report described in subsection (b)(3), the Secretary, acting through the Director of the Centers for Disease Control and Prevention and in consultation with a national voluntary patient organization with experience serving the population of individuals with pediatric inflammatory bowel disease and organizations representing physicians and other health professionals specializing in the treatment of this population, shall-- ``(A) develop a system to collect data on pediatric IBD; and ``(B) establish a national registry, to be known as the National Pediatric IBD Registry, for the collection and storage of such data. ``(2) Purposes of registry.--The National Pediatric IBD Registry-- ``(A) shall include a population-based registry of cases of pediatric IBD in the United States; ``(B) shall be used to gather data concerning-- ``(i) pediatric IBD, including the incidence and prevalence of pediatric IBD in the United States; ``(ii) the genetic and environmental factors that may be associated with pediatric IBD; ``(iii) the age, race or ethnicity, gender, and family history of individuals who are diagnosed with pediatric IBD; ``(iv) treatment approaches and outcomes; and ``(v) other matters as recommended by the Advisory Committee established under subsection (b); and ``(C) shall be used to establish a secure method to put patients in contact with scientists studying the environmental and genetic causes of pediatric IBD or conducting clinical trials on pediatric IBD. ``(b) Advisory Committee.-- ``(1) Establishment.--Not later than 90 days after the date of the enactment of this section, the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall establish a committee to be known as the Advisory Committee on Pediatric Inflammatory Bowel Disease. ``(2) Members.--The members of the Advisory Committee shall be appointed by the Secretary, acting through the Director of the Centers for Disease Control and Prevention, and shall include at least one representative of each of the following: ``(A) A national voluntary patient organization that focuses on pediatric IBD and has demonstrated experience in pediatric IBD research, care, and patient services. ``(B) A professional pediatric gastroenterology organization with expertise in pediatric research, care, and patient services. ``(C) The National Institutes of Health. ``(D) If recommended by the Director of the National Institutes of Health-- ``(i) the National Institute of Diabetes and Digestive and Kidney Diseases; ``(ii) the National Institute of Allergy and Infectious Diseases; ``(iii) the National Institute of Child Health and Human Development; and ``(iv) any other appropriate national research institute or national center. ``(E) The Centers for Disease Control and Prevention. ``(F) Pediatric gastroenterologists and other clinicians who have experience with data registries. ``(G) Epidemiologists who have experience with data registries. ``(H) Geneticists or experts in genetics who have experience with the genetics of pediatric IBD. ``(I) Other individuals with an interest in developing and maintaining the National Pediatric IBD Registry. ``(3) Study.--The Advisory Committee shall conduct a study and make recommendations on-- ``(A) the development and maintenance of the National Pediatric IBD Registry; ``(B) the type of information to be collected and stored in the Registry; ``(C) the manner in which such data is to be collected; and ``(D) the use and availability of such data including guidelines for such use. ``(4) Report.--Not later than 6 months after the date on which the Advisory Committee is established, the Advisory Committee shall submit a report to the Secretary and the Congress on the results of the study conducted under paragraph (3), including the recommendations of the Advisory Committee with respect to such results. ``(c) Grants.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may award grants to, and enter into contracts and cooperative agreements with, public or private nonprofit entities for the collection, analysis, and reporting of data on pediatric IBD. ``(d) Coordination With Existing Registries and Data Repositories.-- ``(1) In general.--In establishing the National Pediatric IBD Registry under subsection (a), the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall identify, build upon, expand, and coordinate among existing public and private surveillance systems, and registries concerning pediatric IBD. ``(2) Coordination with nih.--The Secretary shall ensure that epidemiological and other types of information obtained under subsection (a) are made available to the National Institutes of Health. ``(e) Definitions.--In this section: ``(1) The term `Advisory Committee' means the Advisory Committee on Pediatric Inflammatory Bowel Disease established under subsection (b). ``(2) The terms `national research institute' and `national center' have the meanings given to those terms in section 401(g). ``(3) The term `national voluntary patient organization' means a national non-profit patient organization with chapters in States throughout the United States. ``(4) The term `pediatric IBD' means pediatric inflammatory bowel disease. ``(f) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated $5,000,000 for fiscal year 2008 and such sums as may be necessary for each of fiscal years 2009 and 2010.''. SEC. 5. CENTERS FOR DISEASE CONTROL AND PREVENTION; NATIONAL INFLAMMATORY BOWEL DISEASE ACTION PLAN. (a) In General.-- (1) Preparation of plan.--The Director of the Centers for Disease Control and Prevention, in consultation with the inflammatory bowel disease community, shall prepare a comprehensive plan to address the burden of inflammatory bowel disease in both adult and pediatric populations (which plan shall be designated by the Director as the ``National Inflammatory Bowel Disease Action Plan''). (2) Report to congress.--Not later than 12 months after the date of the enactment of this Act, the Director of the Centers for Disease Control and Prevention shall submit the Plan referred to in paragraph (1) to the Committee on Energy and Commerce and the Committee on Appropriations of the House of Representatives and to the Committee on Health, Education, Labor and Pensions and the Committee on Appropriations of the Senate. (b) Content.-- (1) In general.--The National Inflammatory Bowel Disease Action Plan shall address strategies for determining the unique demographic, geographic, and environmental-exposure characteristics of the inflammatory bowel disease population through the expansion of appropriate epidemiological activities. (2) Certain requirements.--The Plan referred to in paragraph (1) shall-- (A) focus on strategies for increasing awareness about inflammatory bowel disease within the general public and the health care community in order to facilitate more timely and accurate diagnoses; and (B) address mechanisms designed to prevent the progression of the disease and the development of complications, such as colorectal cancer, and other strategies and activities as deemed appropriate. (c) Authorization of Appropriations.--For the purpose of carrying out this section, there is authorized to be appropriated $750,000 for fiscal year 2008. | Inflammatory Bowel Disease Research Enhancement Act - Requires the Director of the National Institute of Diabetes and Digestive and Kidney Diseases to expand, intensify, and coordinate the Institute's research activities on inflammatory bowel disease, with an emphasis on: (1) genetic research on susceptibility for inflammatory bowel disease; (2) research targeted to increase knowledge about the causes and complications of inflammatory bowel disease in children; (3) animal model research; (4) clinical research; (5) expansion of the Institute's Inflammatory Bowel Disease Centers program with a focus on pediatric research; and (6) other research initiatives identified in specified documents. 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 (CDC), to: (1) develop a system to collect data on pediatric inflammatory bowel disease; (2) establish the National Pediatric IBD Registry; and (3) establish the Advisory Committee on Pediatric Inflammatory Bowel Disease to study and make recommendations relating to the Registry. Requires the Director of the Centers for Disease Control and Prevention (CDC) to prepare a National Inflammatory Bowel Disease Action Plan to: (1) address the burden of inflammatory bowel disease in both adult and pediatric populations; (2) address strategies for determining the unique demographic, geographic, and environmental-exposure characteristics of the inflammatory bowel disease population; (3) focus on strategies for increasing awareness about the disease within the general public and the health care community; and (4) address mechanisms designed to prevent the progression of the disease and the development of complications. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Women's Violence-Related Injury Reduction Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Domestic violence and sexual assault represent serious threats to the health and well-being of millions of women in the United States. (2) Violence against women has serious health consequences for its victims, including fatality, severe trauma, repeated physical injuries, and chronic stress-related disorder. (3) Violence against women has serious mental health consequences for its victims, including substance abuse, severe psychological trauma, and suicide. (4) Approximately 4,000,000 women in the United States are victims of domestic violence each year. (5) One of two women is a victim of domestic violence or sexual assault during her lifetime. (6) Battering is the leading cause of injury to women. (7) It has been estimated that 1 in 6 pregnant women are battered, resulting in increased rates of miscarriage, stillbirths, and low-birthweight babies. (8) Domestic violence may account for as much as one-third of emergency-room visits by women, an annual total of approximately 28,700 such visits. (9) Estimates based on the National Crime Survey provide that domestic violence accounts for 21,000 hospitalizations, 99,800 days of hospitalization, and 39,900 visits to a physician each year. (10) Fewer than 5 percent of injured women are correctly diagnosed by medical personnel as being victims of domestic violence. (11) Hospitals and clinics do not have a uniform set of protocols for the identification and referral of victims of domestic violence and sexual assault, or for the training of health care professionals to perform such functions. (12) A national surveillance system for monitoring the health effects of domestic violence and sexual assault should be established to determine the nature and extent of such violence and assault in the United States. SEC. 3. ESTABLISHMENT OF CERTAIN HEALTH PROGRAMS REGARDING DOMESTIC VIOLENCE AND SEXUAL ASSAULT. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.), as amended by section 308 of Public Law 102-531 (106 Stat. 3495), is amended by inserting after section 317D the following section: ``health programs regarding domestic violence and sexual assault ``Sec. 317E. (a) Demonstration Projects for Identification and Referrals of Victims.-- ``(1) In general.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may make grants to public and nonprofit private entities for the purpose of carrying out demonstration projects in which health care providers, in providing such care-- ``(A) identify individuals whose medical condition or statements indicate that the individuals are victims of domestic violence or sexual assault; and ``(B) refer the individuals to entities that provide services regarding such violence and assault, including referrals for counseling, housing (including temporary housing), legal services, and services of community organizations. ``(2) Training.--The Secretary may authorize grantees under paragraph (1) to expend the grants to train health care providers to carry out the activities described in such paragraph. ``(3) Protocols for identification, referrals, and training.--The Secretary may make a grant under paragraph (1) only if the applicant for the grant agrees that the demonstration project involved will not begin operation until the Secretary approves for the project protocols for identifying and referring victims, and training health care providers, for purposes of such paragraph. The Secretary may authorize grantees under such paragraph to expend the grants to develop such protocols. ``(4) Consultation with relevant entities.--The Secretary may make a grant under paragraph (1) only if the applicant involved has, in developing the proposal of the applicant for a demonstration project under such paragraph, consulted with public and nonprofit private entities that, in the geographic area in which the project is to be carried out, provide services regarding domestic violence or sexual assault. ``(5) Reports.--The Secretary may make a grant under paragraph (1) only if the applicant for the grant agrees to submit to the Secretary a report describing the activities of the project under such paragraph for the fiscal year for which the grant is made. ``(b) Public Education.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall carry out a program to educate health care providers and the public on the consequences to the public health of domestic violence and sexual assault. ``(c) Epidemiological Research.-- ``(1) In general.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall provide for the conduct of epidemiological research on domestic violence and sexual assault. In providing for such research, the Secretary shall ensure that, with respect to such violence and assault, data is collected on-- ``(A) the incidence of cases and the effect of the cases on the costs of health care in the United States; ``(B) the type and severity of injuries sustained and the type and severity of any other resulting health conditions; ``(C) the extent to which victims seek treatment, including a comparison of the incidence of cases with the incidence of seeking treatment; ``(D) a description of common circumstances influencing victims not to seek treatment; ``(E) the types of medical facilities and health care providers from which victims seek treatment; and ``(F) the demographic characteristics of the individuals from whom data described in subparagraphs (A) through (E) is collected. ``(2) National system.--In carrying out paragraph (1), the Secretary shall cooperate with the States for the purpose of establishing, to the extent practicable, a national system for the collection of data regarding domestic violence and sexual assault. ``(3) Confidentiality.--Standards of confidentiality under section 308(d) shall apply to data collected under paragraph (1) to the same extent and in the same manner as such section applies to information obtained under section 304, 306, or 307. ``(4) Report.--Not later than February 1, 1996, and every 2 years thereafter, the Secretary shall submit to the Congress a report summarizing the data collected under paragraph (1) for the preceding 2 years. ``(c) Authorization of Appropriations.-- ``(1) In general.--For the purpose of carrying out this section, there are authorized to be appropriated $20,000,000 for fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995 through 1997. ``(2) Allocation for demonstration projects.--Of the amounts appropriated under paragraph (1) for a fiscal year, the Secretary shall make available not less than 60 percent for grants under subsection (a).''. | Women's Violence-Related Injury Reduction Act - Amends the Public Health Service Act to authorize grants for demonstration projects to identify victims of domestic violence or sexual assault and refer them to entities providing related services. Allows use of the grants to train health care providers to engage in such activities. Mandates related education of health care providers and the public, epidemiological research, and cooperation with States regarding establishing a national system for the collection of data on domestic violence and sexual assault. Authorizes appropriations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Air Ambulance Patient Safety, Protection, and Coordination Act''. SEC. 2. CLARIFICATION OF STATE AUTHORITY OVER THE MEDICAL ASPECTS OF AIR AMBULANCE SERVICES. (a) In General.--Chapter 401 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 40130. Clarification of State authority over the medical aspects of air ambulance services ``(a) Clarification of State Authority.--Pursuant to a State's authority over the licensure and regulation of health care services within its borders, a State may prescribe licensing and other regulatory requirements related to the medical aspects of intrastate air ambulance services in the same manner that it regulates other health care services within its borders and may integrate such services into the State's emergency medical services system, including by establishing requirements related to the following: ``(1) The quality of emergency medical care provided to patients by air ambulances, including-- ``(A) the medical qualifications and medical training of medical personnel; ``(B) medical records and data collection and reporting; ``(C) outcome and proficiency measures; ``(D) affiliation with health care institutions for medical oversight, critical care medical education, and clinical experience in critical care settings; ``(E) participation in patient safety and quality control initiatives, such as peer review, utilization review, and error reporting; ``(F) medical accreditation; ``(G) licensing of personnel including scope of practice and credentialing; and ``(H) medical oversight. ``(2) The availability of air ambulance services provided to patients with emergency medical conditions, including-- ``(A) service during specified hours and days to ensure the availability of life-saving medical services as part of the State's emergency medical services system; and ``(B) coordination of services, agreements, and flight requests for patients with emergency medical conditions being transported from the scene at which the patient's injury or accident, or other event resulting in the need for medical services for the patient, occurred. ``(3) Communication between-- ``(A) emergency medical and public safety agencies and hospitals; and ``(B) the flightcrew and air ambulance medical personnel to the extent that the communications do not interfere with the safe operation of the flight. ``(4) The accessibility of emergency medical care provided by air ambulances and the incorporation and integration of air ambulance services into State emergency medical services systems, including-- ``(A) access to air ambulance services in regions of a State; ``(B) the provision of services to all persons for whom such services are medically necessary and appropriate regardless of ability to pay; ``(C) the proffer of gifts of monetary value to referring entities; ``(D) medical criteria, based on the patient's medical need for transport from the scene at which the patient's injury or accident, or other event resulting in the need for medical services for the patient occurred, for determining the appropriate-- ``(i) mode of transport (ground versus air) utilizing evidence-based triage criteria to the extent available; ``(ii) air ambulance to be utilized to transport a patient in accordance with its capability to meet the patient's medical need; and ``(iii) medical institution to receive the patient. ``(5) The acceptability of air ambulance services to ensure the adequate and appropriate provision of medically necessary emergency medical care provided by air ambulances to protect critically ill and injured patients, including-- ``(A) medical equipment, devices, and supplies to be carried on board or affixed to the air ambulance; ``(B) sanitation and infection control; ``(C) licensing of the air ambulance agency or program; ``(D) licensing of the ambulance vehicle; ``(E) truth in advertising requirements; ``(F) physical attributes of the air ambulance necessary for the provision of quality medical care, including-- ``(i) permanently installed climate control systems capable of meeting specified temperature settings; ``(ii) a configuration that allows adequate access to the patient, medical equipment, and medical supplies by the medical personnel; ``(iii) the use of materials in the air ambulance that are appropriate for proper patient care; ``(iv) sufficient electrical supply to support medical equipment without compromising the ambulance power; and ``(v) the ability of the air ambulance to transport a patient a certain distance without refueling within the State. ``(6) Physical attributes of the air ambulance necessary-- ``(A) for the protection of the ambulance, ground, and emergency response personnel; and ``(B) to ensure that the air ambulance has no structural or functional defects that may adversely affect such personnel, such as by requiring the provision of tailrotor illumination for loading patients at night or external search lights. ``(b) Applicability of Federal Aviation Safety Authority.--No State health-related regulation established pursuant to this section shall supersede or be inconsistent with any Federal operating requirement with respect to aviation safety. ``(c) Limitations.-- ``(1) In general.--State requirements and regulations prescribed pursuant to this section must be in accordance with objective, competitive, and transparent processes designed to ensure the highest quality of emergency medical care and patient safety, best outcomes, and access to life-saving emergency medical services as part of an integrated emergency medical services system. ``(2) Prices.--This section shall not be construed to allow State regulation of the prices charged by air ambulances for their services. ``(3) Providers licensed in multiple states.--If an air ambulance is licensed to provide services in more than one State and the regulations established pursuant to this subsection by the States are inconsistent, the provider shall comply with the most stringent of such regulations. ``(4) Nondelegation requirement.--A State may not delegate authority provided under this section to a political subdivision of the State. ``(d) Interstate Agreements.--In regulating the provision of air ambulance services pursuant to this section, a State shall, if necessary, establish regulations or negotiate mutual aid agreements with adjacent States or air ambulances to ensure access to air ambulance services across State borders. ``(e) Definitions.-- ``(1) Air ambulance services.--The term `air ambulance services' means the transport by an air ambulance of a patient, in both emergency and nonemergency situations, as well as the medical services provided to such patient in the course of transport by such air ambulance. ``(2) Federal operating requirements.--The term `Federal operating requirements' means requirements under part A of subtitle VII of title 49, United States Code, and Federal aviation regulations set forth in title 14, Code of Federal Regulations. ``(3) Referring entities.--The term `referring entity' means any entity that dispatches or provides a referral for a provider of air ambulance services, such as a medical institution, an agency providing emergency medical services, or a first responder.''. (b) Conforming Amendment.--The analysis for such chapter is amended by adding at the end the following: ``40130. Clarification of State authority over the medical aspects of air ambulance services.''. | Air Ambulance Patient Safety, Protection, and Coordination Act - Authorizes states to regulate medical aspects of intrastate air ambulance services with respect to: (1) the quality of emergency medical care provided to patients by air ambulances; (2) the availability of air ambulance services provided to patients with emergency medical conditions; (3) communication between emergency medical and public safety agencies and hospitals as well as the flightcrew and air ambulance medical personnel; (4) the accessibility of emergency medical care provided by air ambulances and the incorporation and integration of air ambulance services into state emergency medical services systems; (5) the acceptability of air ambulance services to ensure the adequate provision by air ambulances of medically necessary emergency medical care to critically ill and injured patients; and (6) the physical attributes of the air ambulance necessary for protection of the ambulance, ground, and emergency response personnel. Requires an air ambulance medical service provider licensed in more than one state, if the different state air ambulance medical services regulations are inconsistent, to comply with the most stringent regulation. Requires a state, if necessary, to establish regulations or negotiate mutual aid agreements with adjacent states or air ambulances to ensure access to air ambulance services across state borders. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Democracy Restoration Act of 2008''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The right to vote is the most basic constitutive act of citizenship. Regaining the right to vote reintegrates offenders into free society, helping to enhance public safety. (2) Article I, section 4 of the Constitution of the United States grants Congress ultimate supervisory power over Federal elections, an authority which has repeatedly been upheld by the Supreme Court. (3) Basic constitutional principles of fairness and equal protection require an equal opportunity for Americans to vote in Federal elections. The right to vote may not be abridged or denied by the United States or by any State on account of race, color, gender or previous condition of servitude. The 14th and 15th Amendments to the Constitution empower Congress to enact measures to protect the right to vote in Federal elections. (4) There are three areas where discrepancies in State laws regarding felony convictions lead to unfairness in Federal elections: (A) there is no uniform standard for voting in Federal elections which leads to an unfair disparity and unequal participation in Federal elections based solely on where a person lives; (B) laws governing the restoration of voting rights after a felony conviction are unequal throughout the country and persons in some States can easily regain their voting rights while in other States persons effectively lose their right to vote permanently; and (C) State disenfranchisement laws disproportionately impact racial ethnic minorities. (5) Disenfranchisement results from varying State laws that restrict voting while under some form of criminal justice supervision or after the completion of a felony sentence in some States. Two States do not disenfranchise felons at all (Maine and Vermont). Forty-eight States and the District of Columbia have disenfranchisement laws that deprive convicted offenders of the right to vote while they are in prison. In thirty-five States, convicted offenders may not vote while they are on parole and thirty of these States disenfranchise felony probationers as well. In ten States, a conviction can result in lifetime disenfranchisement. (6) An estimated 5,300,000 Americans, or about one in forty-one adults, currently cannot vote as a result of a felony conviction. Nearly 4,000,000 (74 percent) of the 5,300,000 disqualified voters are not in prison, but are on probation or parole, or are ex-offenders. Approximately 2,000,000 of those individuals are individuals who have completed their entire sentence, including probation and parole, yet remain disenfranchised. (7) In those States that disenfranchise ex-offenders, the right to vote can be regained in theory, but in practice this possibility is often illusory. Offenders must either obtain a pardon or order from the Governor or action by the parole or pardon board, depending on the offense and State. Offenders convicted of a Federal offense often have additional barriers to regaining voting rights. (8) In at least 16 States, Federal offenders cannot use the State procedure for restoring their civil rights. The only method provided by Federal law for restoring voting rights to ex-offenders is a Presidential pardon. Few persons who seek to have their right to vote restored have the financial and political resources needed to succeed. (9) State disenfranchisement laws disproportionately impact ethnic minorities. Thirteen percent of the African American adult male population, or 1,400,000 African American men, are disenfranchised. Given current rates of incarceration, three in ten of the next generation of black men will be disenfranchised at some point during their lifetime. Hispanic citizens are also disproportionately disenfranchised since they are disproportionately represented in the criminal justice system. (10) Disenfranchising citizens who have been convicted of a felony offense and who are living and working in the community serves no compelling State interest and hinders their rehabilitation and reintegration into society. (11) State disenfranchisement laws suppress electoral participation among eligible voters and damage the integrity of the electoral process. State disenfranchisement laws significantly impact the rate of electoral participation among the children of disenfranchised parents. (12) The United States in the only Western democracy that permits the permanent denial of voting rights to individuals with felony convictions. SEC. 3. RIGHTS OF CITIZENS. The right of an individual who is a citizen of the United States to vote in any election for Federal office shall not be denied or abridged because that individual has been convicted of a criminal offense unless such individual is serving a felony sentence in a correctional institution or facility at the time of the election. SEC. 4. ENFORCEMENT. (a) Attorney General.--The Attorney General may, in a civil action, obtain such declaratory or injunctive relief as is necessary to remedy a violation of this Act. (b) Private Right of Action.-- (1) A person who is aggrieved by a violation of this Act may provide written notice of the violation to the chief election official of the State involved. (2) Except as provided in paragraph (3), if the violation is not corrected within 90 days after receipt of a notice under paragraph (1), or within 20 days after receipt of the notice if the violation occurred within 120 days before the date of an election for Federal office, the aggrieved person may, in a civil action obtain declaratory or injunctive relief with respect to the violation. (3) If the violation occurred within 30 days before the date of an election for Federal office, the aggrieved person need not provide notice to the chief election official of the State under paragraph (1) before bringing a civil action to obtain declaratory or injunctive relief with respect to the violation. SEC. 5. NOTIFICATION OF RESTORATION OF VOTING RIGHTS. (a) State Notification.-- (1) Notification.--On the date determined under paragraph (2), each State shall notify in writing any individual who has been convicted of a criminal offense under the law of that State that such individual has the right to vote in an election for Federal office pursuant to the Democracy Restoration Act and may register to vote in any such election. (2) Date of notification.-- (A) Felony conviction.--In the case of such an individual who has been convicted of a felony, the notification required under paragraph (1) shall be given on the date on which the individual-- (i) is sentenced to serve only a term of probation; or (ii) is released from the custody of that State (other than to the custody of another State or the Federal Government to serve a term of imprisonment for a felony conviction). (B) Misdemeanor conviction.--In the case of such an individual who has been convicted of a misdemeanor, the notification required under paragraph (1) shall be given on the date on which such individual is sentenced by a State court. (b) Federal Notification.-- (1) Notification.--On the date determined under paragraph (2), the Director of the Bureau of Prisons shall notify in writing any individual who has been convicted of a criminal offense under Federal law that such individual has the right to vote in an election for Federal office pursuant to the Democracy Restoration Act and may register to vote in any such election. (2) Date of notification.-- (A) Felony conviction.--In the case of such an individual who has been convicted of a felony, the notification required under paragraph (1) shall be given on the date on which the individual-- (i) is sentenced to serve only a term of probation by a court established by an Act of Congress; or (ii) is released from the custody of the Bureau of Prisons (other than to the custody of a State to serve a term of imprisonment for a felony conviction). (B) Misdemeanor conviction.--In the case of such an individual who has been convicted of a misdemeanor, the notification required under paragraph (1) shall be given on the date on which such individual is sentenced by a State court. SEC. 6. DEFINITIONS. For purposes of this Act: (1) Correctional institution or facility.--The term ``correctional institution or facility'' means any prison, penitentiary, jail, or other institution or facility for the confinement of individuals convicted of criminal offenses, whether publicly or privately operated, except that such term does not include any residential community treatment center (or similar public or private facility). (2) Election.--The term ``election'' means-- (A) a general, special, primary, or runoff election; (B) a convention or caucus of a political party held to nominate a candidate; (C) a primary election held for the selection of delegates to a national nominating convention of a political party; or (D) a primary election held for the expression of a preference for the nomination of persons for election to the office of President. (3) Federal office.--The term ``Federal office'' means the office of President or Vice President of the United States, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress of the United States. (4) Probation.--The term ``probation'' means probation, imposed by a Federal, State, or local court, with or without a condition on the individual involved concerning-- (A) the individual's freedom of movement; (B) the payment of damages by the individual; (C) periodic reporting by the individual to an officer of the court; or (D) supervision of the individual by an officer of the court. SEC. 7. RELATION TO OTHER LAWS. (a) State Laws Relating to Voting Rights.--Nothing in this Act shall be construed to prohibit the States enacting any State law which affords the right to vote in any election for Federal office on terms less restrictive than those established by this Act. (b) Certain Federal Acts.--The rights and remedies established by this Act are in addition to all other rights and remedies provided by law, and neither rights and remedies established by this Act shall supersede, restrict, or limit the application of the Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.) or the National Voter Registration Act (42 U.S.C. 1973-gg). SEC. 8. FEDERAL PRISON FUNDS. No State, unit of local government, or other person may receive or use, to construct or otherwise improve a prison, jail, or other place of incarceration, any Federal grant amounts unless that person has in effect a program under which each individual incarcerated in that person's jurisdiction who is a citizen of the United States is notified, upon release from such incarceration, of that individual's rights under section 3. SEC. 9. EFFECTIVE DATE. This Act shall apply to citizens of the United States voting in any election for Federal office held after the date of the enactment of this Act. | Democracy Restoration Act of 2008 - Declares that the right of a U.S. citizen to vote in any election for federal office shall not be denied or abridged because that individual has been convicted of a criminal offense unless, at the time of the election, such individual is serving a felony sentence in a correctional institution or facility. Provides for enforcement and remedies for violations of this Act. Specifies that: (1) nothing in this Act shall be construed to prohibit a state from enacting any state law that affords the right to vote in any election for federal office on terms less restrictive than those terms established by this Act; and (2) the rights and remedies established by this Act shall be in addition to all other rights and remedies provided by law, and shall not supersede, restrict, or limit the application of the Voting Rights Act of 1965 or the National Voter Registration Act of 1993. Prohibits any state, unit of local government, or other person from receiving or using any federal grant amounts to construct or improve a place of incarceration unless that person has a program to notify each U.S. citizen incarcerated in that person's jurisdiction, on release from such incarceration, of that individual's rights under this Act. |
sense of the congress Section 1. It is the sense of the Congress that-- (1) while there have been massive governmental efforts and expenditure of funds to complete the resolution of the thrift crisis and despite improvement in the condition of most segments of the thrift industry, there is a risk that the structure of the deposit insurance funds since FIRREA could undermine even the healthiest segments of the thrift industry by impeding their ability to compete and precipitating another costly crisis in that industry. The structural issues involve-- (a) the presence of two separate insurance funds, the BIF and SAIF funds; (b) the projected, substantial disparity in deposit insurance premiums to be paid by BIF and SAIF members and the potential for a competitive imbalance; (c) the presence of a designated reserve ratio of 1.25 percent of insured deposits for BIF and SAIF funds; and (d) the effect which existing debt obligations have on the ability of the SAIF fund to accumulate reserves and to become fiscally sound. (2) to ensure the continued availability of housing credit and to avoid another costly crisis in the thrift industry as a result of some of these structural impediments involving the FIRREA-mandated separate fund concept, an Advisory Commission shall be formed to advise the President and the Congress on the viability of merging or maintaining the separation of the deposit insurance funds and the impact of such action on the health of the BIF and SAIF funds, the confidence of depositors in the federal deposit insurance system, and the regulation of and competitive balance between banks and thrifts. establishment of an advisory commission Sec. 2. There is hereby established an Advisory Commission to be known as the Advisory Commission on BIF and SAIF funds (thereafter referred to as the ``Advisory Commission''). (a) Membership of the Advisory Commission.-- (1) Number and appointment.--The Advisory Commission shall be composed of 7 members appointed no later than ninety days after the date of the enactment of this Act. The members shall be appointed as follows: (A) Two citizens of the United States appointed by the President. (B) One citizen of the United States appointed by the President pro tempore of the Senate upon the recommendation of the majority leader of the Senate. (C) One citizen of the United States appointed by the President pro tempore of the Senate upon the recommendation of the minority leader of the Senate. (D) One citizen of the United States appointed by the Speaker of the House upon the recommendation of the majority leader of the House of Representatives. (E) One citizen of the United States appointed by the Speaker of the House upon the recommendation of the minority leader of the House of Representatives. (F) The Secretary of the Treasury or his designate. (2) Additional qualifications.-- (A) In general.--Members of the Advisory Commission who are appointed under any subparagraph of paragraph (1) shall be appointed from among individuals who are specially qualified to serve on the Advisory Commission by virtue of their education, training, or experience. (B) Limitation.--Of the total number of members of the Advisory Commission who are described in subparagraph (A), not more than one such member may be, at the time of any such member's appointment and during any such member's service on the Advisory Commission-- (i) a director, officer, or employee of any savings association; (ii) a director, officer, or employee of any bank; or (iii) a director, officer, employee or agent of any consumer organization. (3) Terms.--Members shall be appointed for the life of the Advisory Commission. (4) Chairperson.--The chairperson of the Advisory Commission shall be the Secretary of the Treasury or his designate. (5) Quorum.--A majority of the members of the Advisory Commission shall constitute a quorum for the transaction of business. (6) Voting.--Each member of the Advisory Commission shall be entitled to 1 vote, which shall be equal to the vote of every other member of the Advisory Commission. (7) Vacancies.--No vacancy on the Advisory Commission shall affect the powers of the Advisory Commission and any such vacancy shall be filled in the manner in which the original appointment was made. (8) Compensation and expenses.-- (A) No basic pay.--Except as provided in subparagraph (B), members of the Advisory Commission shall receive no additional pay, allowances, or benefits by reason of their service on the Advisory Commission. (B) Per diem and travel expenses.--Members of the Advisory Commission who are appointed from among private citizens of the United States may be allowed travel expenses, including per diem, in lieu of substance, as authorized by law for persons serving intermittently in the government service to the extent that funds are available for such purposes. (9) Meetings.--The Advisory Commission shall meet at the call of the Chairperson or a majority of the members. (b) Functions of the Advisory Commission.-- (1) Contents and specific recommendations.--The Advisory Commission shall conduct an investigation and evaluation of and shall report and make recommendations on the future status of the deposit insurance system. (2) Issues to be considered.--Pursuant to its responsibilities under this section the Advisory Commission shall consider the following issues: (A) An analysis of whether a deposit insurance premium disparity between banks and thrifts is likely and the competitive impact thereof. (B) The practical justification for maintaining two separate Federal deposit funds. (C) The impact on the soundness of the Federal deposit insurance system by the continuation of a separate insurance fund for banks and savings associations. (D) Whether a merger of the Bank Insurance Fund and Savings Association Insurance Fund can be accomplished in a manner which is equitable and the legal and structural impediments which need to be addressed in such a merger. (E) The timing of a merger of the two funds, should such occur. (F) Whether the designated ratio of reserves of 1.25 per centum of insured deposits, which must now be held by each deposit insurance fund, is appropriate in light of current and future needs and considerations. (G) The impact of any remaining regulatory differences between banks and thrifts on the soundness of a merged fund. (H) The impact of a fund merger on a consolidation of the bank and thrift regulatory agencies. (3) Final report.-- (A) Report required.--Not later than the end of the one-year period beginning on the date of the enactment of this Act, the Advisory Commission shall submit to the President, the Committee on Banking, Finance and Urban Affairs of the House of Representatives, and the Committee on Banking, Housing and Urban Affairs of the Senate, a final report which contains a detailed statement of the findings and conclusions of the Advisory Board, including such recommendations for administrative and legislative action as the Advisory Commission determines to be appropriate. (B) Majority vote.--A recommendation may be made by the Advisory Commission to the President and to the Congress only if it is adopted by a majority of the members of the Advisory Commission. (C) Additional, dissenting, and supplemental views.--The report required under subparagraph (A) shall contain any additional, dissenting, or supplemental views of any member of the Advisory Commission. (c) Powers of the Advisory Board.-- (1) Hearings.--The Advisory Commission may hold such hearings and sit and act at such times and places as the Advisory Commission may find advisable. (2) Rules and regulations.--The Advisory Commission may adopt such rules and regulations as may be necessary to establish its procedures and to govern the manner of operations, organizations, and personnel. (3) Assistance from federal agencies.-- (A) Information.--The Advisory Commission may request from the head of any Federal agency or instrumentality such information as the Advisory Commission may require for the purpose of this section. Each such agency or instrumentality shall furnish such information to the Advisory Commission upon request made by the Chairperson of the Advisory Commission. (B) Administrative support services and personnel.--Upon request of the Chairperson of the Advisory Commission, the head of any Federal agency or instrumentality shall, to the extent possible and subject to the discretion of such head-- (i) make any of the facilities and services of such agency or instrumentality available to the Advisory Commission; and (ii) detail any of the personnel of such agency or instrumentality to the Advisory Commission, on a nonreimbursable basis, to assist the Advisory Commission in carrying out its duties under this section, except that any expenses of the Advisory Commission incurred under this clause shall be subject to the limitation on total expenses set forth in subsection (d)(2). (4) Mails.--The Advisory Commission may use the United States mails in the same manner and under the same conditions as other Federal agencies. (5) Contracting.--The Advisory Commission may, to such extent and in such amounts as provided in advance in appropriation Acts, enter into contracts with State agencies, private firms, institutions, and individuals for the purpose of conducting research or surveys necessary to enable the Advisory Commission to discharge its duties under this section, subject to the limitation on total expenses set forth in subsection (d)(2). (6) Staff.-- (A) In general.--Subject to such rules and regulations as may be adopted by the Advisory Commission and the limitation on total expenses set forth in subsection (e)(2), the Chairperson of the Advisory Commission may appoint, terminate, and fix the compensation of an executive director and such additional staff as the Chairperson deems advisable to assist the Advisory Commission. (B) Pay rates.--Individuals appointed under subparagraph (A) may be paid at rates not to exceed a rate equal to the maximum rate for GS-18 of the General Schedule under section 5332 of title 5, United States Code. (C) Certain provisions of title 5, united states code, not applicable.--Appointments may be made under subparagraph (A) without regard to-- (i) provisions of title 5, United States Code, concerning appointments in the competitive service, and (ii) provisions of chapter 51 and subchapter III of chapter 53 of such title, or of any other provision of law relating to number, classification, and General Schedule rates. (7) Advisory committee.--The Advisory Commission shall be considered an advisory committee under the Federal Advisory Committee Act. (d) Expenses of Advisory Board.-- (1) In general.--Any expense of the Advisory Commission shall be paid from such funds as may be available to the Secretary of the Treasury. (2) Limitation.--The total expenses of the Advisory Commission shall not exceed $500,000. (3) GAO audit.--Prior to the termination of the Advisory Commission pursuant to subsection (f), the Comptroller General of the United States shall conduct an audit of the financial books and records of the Advisory Commission to determine that the limitation on expenses under paragraph (2) has not been exceeded, and shall include its determination in an opinion to be included in the report of the Advisory Commission. (e) Termination of the Advisory Commission.--The Advisory Commission shall cease to exist on the date that is thirty days after the date on which the Advisory Commission submits the report required under subsection (b)(3). | Expresses the sense of the Congress with respect to the continued availability of housing credit and the avoidance of a thrift industry crisis caused by specified structural impediments involving a separate fund concept mandated by the Financial Institutions Reform, Recovery, and Enforcement Act of 1989. Establishes the Advisory Commission on BIF and SAIF Funds (Bank Insurance Fund and Savings Association Fund, respectively) to investigate and advise the President and the Congress on: (1) the viability of merging or maintaining the separation of the deposit insurance funds; and (2) the future status of the deposit insurance system. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act of 2017''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--PROHIBITING FEDERALLY FUNDED ABORTIONS Sec. 101. Prohibiting taxpayer funded abortions. Sec. 102. Amendment to table of chapters. TITLE II--APPLICATION UNDER THE AFFORDABLE CARE ACT Sec. 201. Clarifying application of prohibition to premium credits and cost-sharing reductions under ACA. Sec. 202. Revision of notice requirements regarding disclosure of extent of health plan coverage of abortion and abortion premium surcharges. TITLE I--PROHIBITING FEDERALLY FUNDED ABORTIONS SEC. 101. PROHIBITING TAXPAYER FUNDED ABORTIONS. Title 1, United States Code is amended by adding at the end the following new chapter: ``CHAPTER 4--PROHIBITING TAXPAYER FUNDED ABORTIONS ``301. Prohibition on funding for abortions. ``302. Prohibition on funding for health benefits plans that cover abortion. ``303. Limitation on Federal facilities and employees. ``304. Construction relating to separate coverage. ``305. Construction relating to the use of non-Federal funds for health coverage. ``306. Non-preemption of other Federal laws. ``307. Construction relating to complications arising from abortion. ``308. Treatment of abortions related to rape, incest, or preserving the life of the mother. ``309. Application to District of Columbia. ``Sec. 301. Prohibition on funding for abortions ``No funds authorized or appropriated by Federal law, and none of the funds in any trust fund to which funds are authorized or appropriated by Federal law, shall be expended for any abortion. ``Sec. 302. Prohibition on funding for health benefits plans that cover abortion ``None of the funds authorized or appropriated by Federal law, and none of the funds in any trust fund to which funds are authorized or appropriated by Federal law, shall be expended for health benefits coverage that includes coverage of abortion. ``Sec. 303. Limitation on Federal facilities and employees ``No health care service furnished-- ``(1) by or in a health care facility owned or operated by the Federal Government; or ``(2) by any physician or other individual employed by the Federal Government to provide health care services within the scope of the physician's or individual's employment, may include abortion. ``Sec. 304. Construction relating to separate coverage ``Nothing in this chapter shall be construed as prohibiting any individual, entity, or State or locality from purchasing separate abortion coverage or health benefits coverage that includes abortion so long as such coverage is paid for entirely using only funds not authorized or appropriated by Federal law and such coverage shall not be purchased using matching funds required for a federally subsidized program, including a State's or locality's contribution of Medicaid matching funds. ``Sec. 305. Construction relating to the use of non-Federal funds for health coverage ``Nothing in this chapter shall be construed as restricting the ability of any non-Federal health benefits coverage provider from offering abortion coverage, or the ability of a State or locality to contract separately with such a provider for such coverage, so long as only funds not authorized or appropriated by Federal law are used and such coverage shall not be purchased using matching funds required for a federally subsidized program, including a State's or locality's contribution of Medicaid matching funds. ``Sec. 306. Non-preemption of other Federal laws ``Nothing in this chapter shall repeal, amend, or have any effect on any other Federal law to the extent such law imposes any limitation on the use of funds for abortion or for health benefits coverage that includes coverage of abortion, beyond the limitations set forth in this chapter. ``Sec. 307. Construction relating to complications arising from abortion ``Nothing in this chapter shall be construed to apply to the treatment of any infection, injury, disease, or disorder that has been caused by or exacerbated by the performance of an abortion. This rule of construction shall be applicable without regard to whether the abortion was performed in accord with Federal or State law, and without regard to whether funding for the abortion is permissible under section 308. ``Sec. 308. Treatment of abortions related to rape, incest, or preserving the life of the mother ``The limitations established in sections 301, 302, and 303 shall not apply to an abortion-- ``(1) if the pregnancy is the result of an act of rape or incest; or ``(2) in the case where a woman suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the woman in danger of death unless an abortion is performed, including a life-endangering physical condition caused by or arising from the pregnancy itself. ``Sec. 309. Application to District of Columbia ``In this chapter: ``(1) Any reference to funds appropriated by Federal law shall be treated as including any amounts within the budget of the District of Columbia that have been approved by Act of Congress pursuant to section 446 of the District of Columbia Home Rule Act (or any applicable successor Federal law). ``(2) The term `Federal Government' includes the government of the District of Columbia.''. SEC. 102. AMENDMENT TO TABLE OF CHAPTERS. The table of chapters for title 1, United States Code, is amended by adding at the end the following new item: ``4. Prohibiting taxpayer funded abortions.................. 301''. TITLE II--APPLICATION UNDER THE AFFORDABLE CARE ACT SEC. 201. CLARIFYING APPLICATION OF PROHIBITION TO PREMIUM CREDITS AND COST-SHARING REDUCTIONS UNDER ACA. (a) In General.-- (1) Disallowance of refundable credit and cost-sharing reductions for coverage under qualified health plan which provides coverage for abortion.-- (A) In general.--Subparagraph (A) of section 36B(c)(3) of the Internal Revenue Code of 1986 is amended by inserting before the period at the end the following: ``or any health plan that includes coverage for abortions (other than any abortion or treatment described in section 307 or 308 of title 1, United States Code)''. (B) Option to purchase or offer separate coverage or plan.--Paragraph (3) of section 36B(c) of such Code is amended by adding at the end the following new subparagraph: ``(C) Separate abortion coverage or plan allowed.-- ``(i) Option to purchase separate coverage or plan.--Nothing in subparagraph (A) shall be construed as prohibiting any individual from purchasing separate coverage for abortions described in such subparagraph, or a health plan that includes such abortions, so long as no credit is allowed under this section with respect to the premiums for such coverage or plan. ``(ii) Option to offer coverage or plan.-- Nothing in subparagraph (A) shall restrict any non-Federal health insurance issuer offering a health plan from offering separate coverage for abortions described in such subparagraph, or a plan that includes such abortions, so long as premiums for such separate coverage or plan are not paid for with any amount attributable to the credit allowed under this section (or the amount of any advance payment of the credit under section 1412 of the Patient Protection and Affordable Care Act).''. (2) Disallowance of small employer health insurance expense credit for plan which includes coverage for abortion.-- Subsection (h) of section 45R of the Internal Revenue Code of 1986 is amended-- (A) by striking ``Any term'' and inserting the following: ``(1) In general.--Any term''; and (B) by adding at the end the following new paragraph: ``(2) Exclusion of health plans including coverage for abortion.-- ``(A) In general.--The term `qualified health plan' does not include any health plan that includes coverage for abortions (other than any abortion or treatment described in section 307 or 308 of title 1, United States Code). ``(B) Separate abortion coverage or plan allowed.-- ``(i) Option to purchase separate coverage or plan.--Nothing in subparagraph (A) shall be construed as prohibiting any employer from purchasing for its employees separate coverage for abortions described in such subparagraph, or a health plan that includes such abortions, so long as no credit is allowed under this section with respect to the employer contributions for such coverage or plan. ``(ii) Option to offer coverage or plan.-- Nothing in subparagraph (A) shall restrict any non-Federal health insurance issuer offering a health plan from offering separate coverage for abortions described in such subparagraph, or a plan that includes such abortions, so long as such separate coverage or plan is not paid for with any employer contribution eligible for the credit allowed under this section.''. (3) Conforming aca amendments.--Section 1303(b) of Public Law 111-148 (42 U.S.C. 18023(b)) is amended-- (A) by striking paragraph (2); (B) by striking paragraph (3), as amended by section 202(a); and (C) by redesignating paragraph (4) as paragraph (2). (b) Application to Multi-State Plans.--Paragraph (6) of section 1334(a) of Public Law 111-148 (42 U.S.C. 18054(a)) is amended to read as follows: ``(6) Coverage consistent with federal abortion policy.--In entering into contracts under this subsection, the Director shall ensure that no multi-State qualified health plan offered in an Exchange provides health benefits coverage for which the expenditure of Federal funds is prohibited under chapter 4 of title 1, United States Code.''. (c) Effective Date.--The amendments made by subsection (a) shall apply to taxable years ending after December 31, 2017, but only with respect to plan years beginning after such date, and the amendment made by subsection (b) shall apply to plan years beginning after such date. SEC. 202. REVISION OF NOTICE REQUIREMENTS REGARDING DISCLOSURE OF EXTENT OF HEALTH PLAN COVERAGE OF ABORTION AND ABORTION PREMIUM SURCHARGES. (a) In General.--Paragraph (3) of section 1303(b) of Public Law 111-148 (42 U.S.C. 18023(b)) is amended to read as follows: ``(3) Rules relating to notice.-- ``(A) In general.--The extent of coverage (if any) of services described in paragraph (1)(B)(i) or (1)(B)(ii) by a qualified health plan shall be disclosed to enrollees at the time of enrollment in the plan and shall be prominently displayed in any marketing or advertising materials, comparison tools, or summary of benefits and coverage explanation made available with respect to such plan by the issuer of the plan, by an Exchange, or by the Secretary, including information made available through an Internet portal or Exchange under sections 1311(c)(5) and 1311(d)(4)(C). ``(B) Separate disclosure of abortion surcharges.-- In the case of a qualified health plan that includes the services described in paragraph (1)(B)(i) and where the premium for the plan is disclosed, including in any marketing or advertising materials or any other information referred to in subparagraph (A), the surcharge described in paragraph (2)(B)(i)(II) that is attributable to such services shall also be disclosed and identified separately.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to materials, tools, or other information made available more than 30 days after the date of the enactment of this Act. | No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act of 2017 This bill makes permanent the prohibition on the use of federal funds, including funds in the budget of the District of Columbia, for abortion or health coverage that includes abortion. The prohibitions in this bill, and current prohibitions, do not apply to abortions in cases of rape or incest, or where a physical condition endangers a woman's life unless an abortion is performed. Abortions may not be provided in a federal health care facility or by a federal employee. This bill amends the Internal Revenue Code and the Patient Protection and Affordable Care Act to prohibit qualified health plans from including coverage for abortions. (Qualified health plans are sold on health insurance exchanges, are the only plans eligible for premium subsidies and small employer health insurance tax credits, and fulfill an individual's requirement to maintain minimum essential coverage.) Currently, qualified health plans may cover abortion, but the portion of the premium attributable to abortion coverage is not eligible for subsidies. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Freedom's Way National Heritage Area Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the cultural and natural legacies of the region encompassing 34 communities in Massachusetts and 6 communities in New Hampshire have made important and distinctive contributions to the national character of America; (2) these legacies were the foundation of communities in this region, and by according appropriate recognition and protection these legacies can help sustain the quality of life in the future; (3) particularly significant legacies are-- (A) the early settlement of the United States and the early evolution of democratic forms of government; (B) the development of intellectual traditions of the philosophies of freedom, democracy, and conservation; (C) the evolution of social ideas and religious freedom; (D) the role of immigrants and industry in contributing to ethnic diversity; (E) Native American and African American resources; and (F) the role of innovation and invention in the cottage industries; (4) the communities in this region know the value of their legacy, but need a cooperative framework and technical assistance to achieve important goals by working together; (5) the National Park Service is responsible for advocating the protection and interpretation of the Nation's cultural and historic resources; (6) within this distinctive area of New Hampshire and Massachusetts there is a Federal interest to support the development of a regional framework to assist the Commonwealth of Massachusetts and the State of New Hampshire, other local organizations and governments, and private citizens to conserve, protect, and bring recognition to this heritage for the educational and recreation benefit of this and future generations of Americans; (7) significant examples of such resources include-- (A) Walden Pond State Reservation; (B) Minute Man National Historical Park; (C) Shaker Villages in Shirley and Harvard; (D) Wachusett Mountain State Reservation, Fitchburg Art Museum, and Barrett House in New Ipswich; and (E) Beaver Brook Farms and Lost City of Monson in Hollis; (8) the Freedom's Way Heritage Association, Inc., would be an appropriate entity to oversee the development of the Freedom's Way National Heritage Area; and (9) the study entitled ``Freedom's Way Heritage Area Feasibility Study'', prepared by the Freedom's Way Heritage Association, Inc., and the Massachusetts Department of Environmental Management, demonstrates the sufficient assemblage of nationally distinctive historical resources necessary to establish the Freedom's Way National Heritage Area. (b) Purposes.--The purposes of this Act are-- (1) to foster a close working relationship with all levels of government, the private sector, and the local communities in Massachusetts and New Hampshire; (2) to empower communities and organizations in these 2 States to preserve the special historic identity of the region and with it the identity of the Nation; and (3) to provide for the management, preservation, protection, and interpretation of the natural, historical, and cultural resources of the region for the educational and inspirational benefit of future generations. SEC. 3. DEFINITIONS. For the purposes of this Act: (1) Association.--The term ``Association'' means the Freedom's Way Heritage Association, Inc. (2) Heritage area.--The term ``Heritage Area'' means the Freedom's Way National Heritage Area established by section 4. (3) Plan.--The term ``Plan'' means the Cultural Heritage and Management Plan required by section 6. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. FREEDOM'S WAY NATIONAL HERITAGE AREA. (a) Establishment.--There is established in the Commonwealth of Massachusetts and in the State of New Hampshire the Freedom's Way National Heritage Area. (b) Boundaries.--Except as otherwise provided in section 6, the boundaries of the Heritage Area shall include all of those lands depicted on a map entitled ``Freedom's Way National Heritage Area'', numbered ____ and dated ____. The map shall be on file in the appropriate offices of the National Park Service. The Secretary shall publish in the Federal Register, as soon as practical after the date of the enactment of this Act, a detailed description and map of the boundaries established under this subsection. Boundaries may be revised if proposed in the Plan, approved by the Secretary as provided in section 8(b), and placed on file in accordance with this subsection. SEC. 5. ADMINISTRATION AND MANAGEMENT. (a) Administration.--The Heritage Area shall be administered in accordance with the provisions of this Act. (b) Management Entity.--The management entity of the Heritage Area shall be the Freedom's Way Heritage Association, Inc. SEC. 6. MANAGEMENT PLAN. (a) Plan Requirements.--The Association shall prepare and submit for review and approval by the Secretary, a Cultural Heritage and Management Plan for the Heritage Area that presents comprehensive recommendations and strategies for the conservation, funding, management, and development of the Heritage Area. The Plan shall-- (1) take into consideration current Federal, State, county, and local plans and involve residents, public agencies, and private organizations in the Heritage Area, but shall coordinate those plans and present a unified historic preservation and interpretation plan; (2) include a description of actions that units of government and private organizations are recommended to take to protect the resources of the Heritage Area; and (3) identify existing and potential sources of Federal and non-Federal funding for the conservation, management, and development of the Heritage Area, and include-- (A) an inventory which includes any property in the Heritage Area that should be conserved, restored, managed, developed, or maintained because of the natural, cultural, recreational or historic significance to the themes of the Heritage Area; (B) a recommendation of policies for resource management and protection that consider and detail the application of appropriate land and water management techniques, including the development of intergovernmental cooperative agreements to manage and protect the historical, cultural, and natural resources and recreation opportunities of the Heritage Area in a manner consistent with supporting compatible economic revitalization efforts; (C) a program of strategies and actions to implement the Plan, including identification of the roles of agencies and organizations which are party to the implementation of the Plan, identification of specific restoration and construction plans or goals, and identification of a program of public involvement, annual work plans and reports, and the role of the Association; (D) an analysis of ways in which Federal, State, and local programs may best be coordinated to promote the purposes of this Act; (E) an interpretive and educational plan for the Heritage Area; (F) any revisions proposed by the Association to the boundaries of the Heritage Area and requested by the affected local government; and (G) a process to provide public access to the Association for the purpose of attempting to informally resolve any disputes arising from the Plan. (b) Approval of Plan.--The Secretary shall approve or disapprove the Plan in accordance with section 8(b). SEC. 7. AUTHORITIES, PROHIBITIONS, AND DUTIES OF THE ASSOCIATION. (a) Authorities.--The Association may, for purposes of preparing and implementing the Plan, use Federal funds made available through this Act-- (1) to make grants to the Commonwealth of Massachusetts, its political subdivisions, or both, the State of New Hampshire, its political subdivisions, or both, nonprofit organizations, and other persons; (2) to enter into cooperative agreements with or provide technical assistance to the Commonwealth of Massachusetts, its political subdivisions, or both, the State of New Hampshire, its political subdivisions, or both, nonprofit organizations, and other organizations; (3) to hire and compensate staff; (4) to obtain money from any source and to participate in any program or law requiring the recipient of such money to make a contribution in order to receive such money; and (5) to contract for goods and services. (b) Prohibition of Acquisition of Real Property.--The Association may not use Federal funds received under this Act to acquire real property or any interest in real property. Nothing in this Act shall preclude the Association from acquiring real property or any interest in real property using other funds intended for that purpose. (c) Duties of the Association.--The Association shall carry out the following duties: (1) Prepare and submit to the Secretary for approval a plan as described in section 6 not later than 3 years after the date of the enactment of this Act. If the Plan is not submitted to the Secretary as required under this paragraph within the specified time, the Heritage Area shall no longer qualify for Federal funding until the Plan is submitted and approved by the Secretary. (2) Give priority to the implementation of actions, goals, and strategies set forth in the Plan, including assisting units of government and others in-- (A) carrying out the programs that recognize and protect important resource values within the Heritage Area; (B) encouraging, by appropriate means, economic viability in the Heritage Area consistent with the goals of the Plan; (C) establishing and maintaining interpretive exhibits in the Heritage Area; (D) developing recreational and educational opportunities in the Heritage Area; (E) increasing public awareness of and appreciation for the natural, historical, and cultural resources of the Heritage Area; (F) restoring historic buildings that are located within the boundaries of the Heritage Area relating to the themes of the Heritage Area; and (G) ensuring that clear, consistent, and appropriate signs identifying public access points and sites of interest are posted throughout the Heritage Area. (3) Prepare and implement the Plan while considering the interests of diverse units of government, businesses, private property owners, and nonprofit groups within the Heritage Area. (4) Conduct Association meetings open to the public at least quarterly regarding the development and implementation of the Plan. (5) Submit an annual report to the Secretary for any fiscal year in which the Association receives Federal funds under this Act, setting forth its accomplishments, its expenses and income, including the entities to which it made grants during the year for which the report is made. (6) Make available for audit for any fiscal year in which it receives Federal funds under this Act, by the Congress, the Secretary, and appropriate units of government, all records and other information pertaining to the expenditure of such funds and any matching funds; and require, for all agreements authorizing expenditure of Federal funds by other organizations, that the receiving organizations make available for such audit all records and other information pertaining to the expenditure of such funds. SEC. 8. DUTIES AND AUTHORITIES OF THE SECRETARY. (a) Technical and Financial Assistance.-- (1) In general.--The Secretary may, upon the request of the Association, provide technical and financial assistance to the Heritage Area to develop and implement the approved Plan. In assisting the Heritage Area, the Secretary shall give priority to actions that in general assist in-- (A) conserving the significant natural, historic, and cultural resources of the Heritage area; and (B) providing educational, interpretive, and recreational opportunities consistent with the purposes of the Heritage Area. (2) Spending for nonfederally owned property.--Federal funds made available by the Secretary to the Association may be spent directly on nonfederally owned property identified in the Plan, or listed or eligible for listing on the National Register of Historic Places. (3) Other assistance.--The Secretary may enter into cooperative agreements with public and private organizations for the purposes of implementing this subsection. (b) Approval and Disapproval of Plan.-- (1) In general.--The Secretary shall approve or disapprove the Plan not later than 90 days after receiving the Plan. (2) Criteria for approval.--In determining whether to approve the Plan, the Secretary shall consider whether-- (A) the Association has afforded adequate opportunity, including public hearings, for public and governmental involvement in the preparation of the Plan; (B) the resource protection and interpretation strategies contained in the Plan, if implemented, would adequately protect the historic and cultural resources of the Heritage Area; and (C) the Secretary has received adequate assurances from the appropriate state and local officials whose support is needed to ensure the effective implementation of the State and local aspects of the Plan. (3) Action following disapproval.--If the Secretary disapproves the Plan, the Secretary shall advise the Association in writing of the reasons therefor and shall make recommendations for revisions to the Plan. The Secretary shall approve or disapprove a proposed revision within 60 days after the date it is submitted. (c) Approval of Amendments.--Substantial amendments to the Plan shall be reviewed by the Secretary and approved in the same manner as provided for the original Plan. The Association shall not use Federal funds authorized by this Act to implement any amendments until the amendments are approved by the Secretary. SEC. 9. DUTIES OF OTHER FEDERAL AGENCIES. Any Federal entity conducting or supporting activities directly affecting the Heritage Area shall consider the potential effect of the activity on the purposes and the Plan, and shall consult with the Association with respect to the activity, and to the extent practicable conduct or support such activities to avoid adverse effects on the purposes of the Heritage Area. SEC. 10. RELATIONSHIP TO LAND USE REGULATION AND PRIVATE PROPERTY. (a) Land Use Regulation.--The Association shall provide assistance and encouragement to State and local governments and to private organizations and individuals to protect and promote the resources and values of the Heritage Area. Nothing in this Act is intended to abrogate in any way the authority of State or local governments. Nothing in this Act may be construed to provide any authority to the Association to regulate any use of land under this or any other law, nor to grant any zoning or land use authority to the Association. (b) Private Property.--The Association shall be an advocate for land management practices consistent with the purposes of the Heritage Area. This Act provides no authority to the Association to abridge the rights of any person with regard to private property. Nothing in this Act is intended to abrogate in any way any State or local authority regarding private property. Nothing in this Act shall impose any additional burden on any property owner by the listing of his property pursuant to section 6(a)(3)(A). SEC. 11. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated for the purposes of this Act not more than $1,000,000 for any fiscal year. Not more than a total of $10,000,000 may be appropriated for the Heritage Area under this Act. (b) Matching Funds.--Federal funding provided under this Act may not exceed 50 percent of the total cost of any assistance or grant provided or authorized under this Act. SEC. 12. SUNSET. The authority of the Secretary to provide assistance under this Act shall terminate on the day occurring 15 years after the date of the enactment of this Act. | Freedom's Way National Heritage Area Act - Establishes in Massachusetts and New Hampshire the Freedom's Way National Heritage Area. |
of December 24, 1970 (2 U.S.C. 168b) is amended by striking out ``Joint Committee on Printing'' and inserting in lieu thereof ``Committee on Rules and Administration of the House of Representatives''. (c) Title 4 Amendment.--Section 145 of title 4, United States Code, is amended by striking out ``Joint Committee on Printing'' and inserting in lieu thereof ``Committee on Rules and Administration of the Senate and the Committee on House Oversight of the House of Representatives''. (d) Title 16 Amendment.--Section 312 of the Federal Water Power Act (16 U.S.C. 825k) is amended by striking out ``Joint Committee on Printing'' each place it appears and inserting in lieu thereof ``Public Printer''. (e) Title 20 Amendments.--(1) Section 5(c) of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 954(c)) is amended by striking out ``Joint Committee on Printing of the Congress'' and inserting in lieu thereof ``Public Printer''. (2) Section 7(c) of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 956(c)) is amended by striking out ``Joint Committee on Printing'' and inserting in lieu thereof ``Public Printer''. (f) Title 28 Amendment.--Section 411(a) of title 28, United States Code, is amended by striking out ``Joint Committee on Printing'' and inserting in lieu thereof ``Public Printer''. (g) Title 40 Amendments.--Section 602 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 474) is amended-- (1) by striking out paragraph (18); and (2) by redesignating paragraphs (19) through (21) as paragraphs (18) through (20), respectively. (h) Title 44 Amendments.--(1) The table of chapters for title 44, United States Code, is amended by striking out the item relating to chapter 1. (2) Section 305(a) of title 44, United States Code, is amended-- (A) in the fourth sentence, by striking out ``Joint Committee on Printing'' and inserting in lieu thereof ``Public Printer''; and (B) in the fifth sentence, by striking out ``either party may appeal to the Joint Committee on Printing, and the decision of the Joint Committee is final.'' and inserting in lieu thereof ``an appeal may be made under subchapter III of chapter 71 of title 5.'' (3) Section 309(a) of title 44, United States Code, is amended by striking out ``Joint Committee on Printing'' and inserting in lieu thereof ``Public Printer''. (4) Section 312 of title 44, United States Code, is amended by striking out ``, with the approval of the Joint Committee on Printing''. (5) Section 502 of title 44, United States Code, is amended by striking out ``with the approval of the Joint Committee on Printing''. (6) Section 504 of title 44, United States Code, is amended by striking out ``The Joint Committee on Printing may permit the Public Printer to'' and inserting in lieu thereof ``The Public Printer may''. (7) Section 505 of title 44, United States Code, is amended by striking out ``, under regulations of the Joint Committee on Printing''. (8) Section 508 of title 44, United States Code, is amended by striking out ``Joint Committee on Printing'' and inserting in lieu thereof ``Committee on Rules and Administration of the Senate and the Committee on House Oversight of the House of Representatives''. (9) Section 509 of title 44, United States Code, is amended-- (A) by striking out ``Joint Committee on Printing'' and inserting in lieu thereof ``Public Printer''; and (B) by striking out ``, under their direction,''. (10) Section 510 of title 44, United States Code, is amended by striking out ``Joint Committee on Printing:'' and inserting in lieu thereof ``Public Printer''. (11) Section 511 of title 44, United States Code, is amended-- (A) in the first sentence, by striking out ``Joint Committee on Printing:'' and inserting in lieu thereof ``Public Printer''; (B) in the second sentence, by striking out ``The committee'' and inserting in lieu thereof ``The Public Printer''; and (C) in the third sentence, by striking out ``The Committee'' and inserting in lieu thereof ``The Public Printer''. (12) Section 512 of title 44, United States Code, is amended-- (A) in the first sentence, by striking out ``Joint Committee on Printing'' and inserting in lieu thereof ``Public Printer''; and (B) in the second sentence, by striking out ``the Committee'' and inserting in lieu thereof ``the Public Printer''. (13) Section 513 of title 44, United States Code, is amended-- (A) in the first sentence, by striking out ``standard of quality fixed upon by the Joint Committee on Printing,'' and inserting in lieu thereof ``applicable fixed standard of quality''; and (B) in the second sentence, by striking out ``the Committee'' and inserting in lieu thereof ``the Public Printer''. (14) Section 514 of title 44, United States Code is amended-- (A) by striking out ``Joint Committee on Printing shall determine'' and inserting in lieu thereof ``Public Printer shall apply the provisions of subchapter V of chapter 35 of title 31 to resolve''; and (B) by striking out ``; and the decision of the Committee is final as to the United States''. (15) Section 515 of title 44, United States Code, is amended-- (A) in the first sentence, by striking out ``report the default to the Joint Committee on Printing, and under its direction,''; and (B) in the second sentence, by striking out ``, under the direction of the Joint Committee on Printing,''. (16) Section 517 of title 44, United States Code, is amended by striking out ``The Joint Committee on Printing may authorize the Public Printer to'' and inserting in lieu thereof ``The Public Printer may''. (17) Section 702 of title 44, United States Code, is amended by striking out ``Joint Committee on Printing'' and inserting in lieu thereof ``Public Printer''. (18) Section 703 of title 44, United States Code, is amended by striking out ``Joint Committee on Printing'' and inserting in lieu thereof ``Committee on Rules and Administration of the Senate or the Committee on House Oversight of the House of Representatives''. (19) Section 707 of title 44, United States Code, is amended by striking out ``the Joint Committee on Printing may authorize the printing of a bill or resolution, with index and ancillaries, in the style and form the Joint Committee on Printing considers most suitable in the interest of economy and efficiency, and to so continue until final enactment in both Houses of Congress. The committee'' and inserting in lieu thereof ``the Public Printer, in consultation with the Secretary of the Senate and the appropriate official of the House of Representatives, may print a bill or resolution, with index and ancillaries, in the style and form the Public Printer considers most suitable in the interest of economy and efficiency, and to so continue until final enactment in both Houses of Congress. The Public Printer, in consultation with the Secretary of the Senate and the appropriate official of the House of Representatives''. (20) Section 709 of title 44, United States Code, is amended in the second sentence by striking out ``Joint Committee on Printing'' and inserting in lieu thereof ``Public Printer''. (21) Section 714 of title 44, United States Code, is amended by striking out ``The Joint Committee on Printing shall establish rules to be observed by the Public Printer,'' and inserting in lieu thereof ``The Public Printer, in consultation with the Secretary of the Senate and the appropriate official of the House of Representatives, shall establish rules''. (22) Section 717 of title 44, United States Code, is amended by striking out ``Joint Committee on Printing'' and inserting in lieu thereof ``Public Printer, in consultation with the Secretary of the Senate and the appropriate official of the House of Representatives''. (23) Section 718 of title 44, United States Code, is amended by striking out ``Joint Committee on Printing'' and inserting in lieu thereof ``Public Printer, in consultation with the Secretary of the Senate and the appropriate official of the House of Representatives''. (24) Section 721(a) of title 44, United States Code, is amended-- (A) in the first sentence, by striking out ``Joint Committee on Printing'' and inserting in lieu thereof ``Public Printer, in consultation with the Secretary of the Senate and the appropriate official of the House of Representatives''; and (B) in the second sentence, by striking out ``The Joint Committee'' and inserting in lieu thereof ``The Public Printer''. (25) Section 722 of title 44, United States Code, is amended by striking out ``, under the direction of the Joint Committee on Printing,''. (26) Section 723 of title 44, United States Code, is amended-- (A) by striking out ``Joint Committee on Printing'' and inserting in lieu thereof ``Public Printer, in consultation with the Secretary of the Senate and the appropriate official of the House of Representatives''; and (B) by striking out ``the Joint Committee considers'' and inserting in lieu thereof ``the Public Printer, in consultation with the Secretary of the Senate and the appropriate official of the House of Representatives, considers''. (27) Section 724 of title 44, United States Code, is amended by striking out ``Joint Committee on Printing'' and inserting in lieu thereof ``Public Printer''. (28) Section 728 of title 44, United States Code, is amended by striking out ``Joint Committee on Printing'' and inserting in lieu thereof ``Public Printer, in consultation with the Secretary of the Senate and the appropriate official of the House of Representatives,''. (29) Section 738 of title 44, United States Code, is amended by striking out ``Joint Committee on Printing'' and inserting in lieu thereof ``Public Printer, in consultation with the Secretary of the Senate and the appropriate official of the House of Representatives,''. (30) Section 901 of title 44, United States Code, is amended by striking out ``Joint Committee on Printing'' and inserting in lieu thereof ``Public Printer, in consultation with the Secretary of the Senate and the appropriate official of the House of Representatives,''. (31) Section 902 of title 44, United States Code, is amended by striking out ``Joint Committee on Printing'' and inserting in lieu thereof ``the Public Printer, in consultation with the Committee on Rules and Administration of the Senate and the Committee on House Oversight of the House of Representatives,''. (32) Section 903 of title 44, United States Code, is amended by striking out ``Joint Committee on Printing'' and inserting in lieu thereof ``Public Printer, in consultation with the Secretary of the Senate and the appropriate official of the House of Representatives''. (33) Section 905 of title 44, United States Code, is amended by striking out ``Joint Committee on Printing'' and inserting in lieu thereof ``Public Printer, in consultation with the Secretary of the Senate and the appropriate official of the House of Representatives,''. (34) Section 906 of title 44, United States code, is amended-- (A) by striking out ``to the Joint Committee on Printing not to exceed one hundred copies;'' and inserting in lieu thereof ``to the Committee on Rules and Administration of the Senate and the Committee on House Oversight of the House of Representatives not to exceed one hundred copies each;'', (B) by striking out ``to each Joint Committee and Joint Commission in Congress, as may be designated by the Joint Committee on Printing'' and inserting in lieu thereof ``to each Joint Committee and Joint Commission in Congress, as may be designated by the Committee on Rules and Administration of the Senate and the Committee on House Oversight of the House of Representatives''; (C) by striking out ``to the Joint Committee on Printing, ten semimonthly copies;'' and inserting in lieu thereof ``to the Committee on Rules and Administration of the Senate and the Committee on House Oversight of the House of Representatives, ten semimonthly copies''; (D) by striking out ``of which eight copies may be bound in the style and manner approved by the Joint Committee on Printing;'' and inserting in lieu thereof ``of which eight copies may be bound in the style and manner approved by the Public Printer, in consultation with the appropriate official of the House of Representatives''; and (E) by striking out ``Copies of the daily edition, unless otherwise directed by the Joint Committee on Printing, shall be supplied and delivered'' and inserting in lieu thereof ``Copies of the daily edition, unless otherwise directed by the Public Printer, shall be supplied and delivered''. (35) Section 1108 of title 44, United States Code, is amended by striking out ``, subject to regulation by the Joint Committee on Printing,''. (36) Section 1112 of title 44, United States Code, is amended by striking out ``Joint Committee on Printing'' and inserting in lieu thereof ``Public Printer''. (37) Section 1121 of title 44, United States Code, is amended by striking out ``, under the direction of the Joint Committee on Printing,''. (38) Section 1301 of title 44, United States Code, is amended by striking out ``, in accordance with directions of the Joint Committee on Printing''. (39) Section 1320A of title 44, United States Code, is amended by striking out ``, and with the approval of the Joint Committee on Printing''. (40) Section 1333 of title 44, United States Code, is amended in subsection (b) by striking out ``Joint Committee on Printing'' and inserting in lieu thereof ``Public Printer, in consultation with the Secretary of the Senate and the appropriate official of the House of Representatives,''. (41) Section 1338 of title 44, United States Code, is amended-- (A) in the first sentence-- (i) by striking out ``, under limitations and conditions prescribed by the Joint Committee on Printing,''; and (ii) by striking out ``under limitations and conditions prescribed by the Joint Committee on Printing''; and (B) in the second sentence, by striking out ``Joint Committee on Printing'' and inserting in lieu thereof ``Public Printer''. (42) Section 1705 of title 44, United States Code, is amended by striking out ``, subject to regulation by the Joint Committee on Printing and''. (43) Section 1710 of title 44, United States Code, is amended-- (A) in the first sentence, by striking out ``, upon a plan approved by the Joint Committee on Printing''; and (B) in the fourth sentence, by striking out ``as the Joint Committee on Printing directs''. (44) Section 1914 of title 44, United States Code, is amended by striking out ``, with the approval of the Joint Committee on Printing as provided by section 103 of this title,''. (45) Section 5(b) of the Federal Records Management Amendments of 1976 (44 U.S.C. 2901 note) is amended by striking out ``the Joint Committee on Printing or''. SEC. 18. EFFECTIVE DATE. Except as specifically provided in this Act, this Act and the amendments made by this Act shall take effect on the first day of the 9th month after the month in which this Act is enacted. HR 1024 IH----2 HR 1024 IH----3 | Repeals provisions regarding the Joint Committee on Printing. Transfers responsibilities of the Committee to the Public Printer. Directs the Public Printer to: (1) remedy neglect, delay, duplication, and waste in public printing and binding and the production of Government publications; (2) prescribe quality standards; (3) utilize requests for proposals and similar authorized purchasing methods where total or partial migration to new technologies is appropriate or when requested by the user; (4) prescribe Government specifications for printing paper and writing paper; (5) assist with the acquisition and transfer of equipment requisitioned by facilities previously authorized and with the disposal of such equipment; and (6) establish policy for the acquisition of printing and Government publications, formulated to maximize competitive procurement from the private sector (but which may provide for use of Government in-house printing and duplicating operations if they provide printing and duplicating at the lowest cost to the Government). Requires the Public Printer to promulgate rules and regulations for the procurement of printing and Government publications by the Government Printing Office (GPO) not inconsistent with this Act. Mandates that the annual report to the Congress include a report on: (1) the printing costs of each branch of Government; and (2) a cost comparison of printing and publications as procured through GPO, produced by each Federal agency, produced by commercial sources that are not Federal entities under contract with a Federal agency (other than GPO), and produced by commercial sources that are not Federal entities under contract with GPO. Directs the Public Printer to establish and maintain the following separate GPO accounts: (1) Superintendent of Documents; (2) Executive and Judicial Print Procurement; and (3) Congressional Services. Requires that all printing and Government publications for the Congress, the executive office, the judiciary (other than the Supreme Court), and every executive department, agency, independent office and establishment or Government entity be procured from private sector commercial entities by GPO, with exceptions. Revises provisions regarding: (1) competitive procurement; (2) limits on Government printing production; (3) the use of illustrations; (4) the form and style of work for departments. Sets forth provisions regarding: (1) departmental distribution of publications; (2) availability, inventory, dissemination, and re-publication of Government publications; (3) projections and reporting on costs for printing by Federal agencies; (4) scoring of sales of assets; (5) "Buy American" requirements; and (6) cost ceilings for certain congressional documents. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Section 8 Voucher Residential Screening Committees Act''. SEC. 2. NEIGHBORHOOD REVIEW COMMITTEES. (a) In General.--Section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) is amended by inserting after subsection (k) the following new subsection: ``(l) Neighborhood Review Committees.-- ``(1) Establishment.--Each public housing agency that administers tenant-based assistance under subsection (b) or (o) of this section shall establish and maintain a neighborhood review committee (in this subsection referred to as the `committee'). The committee shall consist of not less than 3 and not more than 6 individuals, who shall be appointed by the public housing agency and shall include not less than 3 individuals who are not, directly or indirectly, recipients of housing assistance under this section or any other housing assistance provided by the Federal Government or any State or local government (not including single family mortgage insurance provided under title II of the National Housing Act). The members of the committee shall be residents of the jurisdiction served by the agency. Members of the committee shall serve for terms of not more than 2 years and there shall be no limit to the number of terms that any member may serve. ``(2) Functions.--The committee shall obtain and review information referred to in paragraphs (3) and (4) for the purpose of advising the public housing agency regarding enforcement of laws and regulations governing assistance provided under the tenant-based rental assistance programs under this section and assisting the agency to enforce such laws and regulations. ``(3) Availability of records regarding assisted families.-- ``(A) In general.--Notwithstanding any other provision of Federal or State law (including any law regarding confidentiality of such information), the committee for a public housing agency may obtain any of the following records and information relating to any member of a household on whose behalf tenant-based assistance under subsection (b) or (o) of this section is provided and who resides within the jurisdiction of the agency: ``(i) Criminal conviction, arrest, and activity records from any law enforcement agency. ``(ii) Police reports. ``(iii) Juvenile arrest and punishment records. ``(iv) References and reports of past or present lessors. ``(v) Records of civil actions filed against the member and any related judgments, settlements, or other dispositions. ``(vi) Any other information reasonably related to the procurement of information described in this paragraph. ``(B) Applicability and notice.--This paragraph shall apply with respect to any member of any household on whose behalf such tenant-based assistance is provided after the date on which the regulations implementing this subsection take effect. A public housing agency shall provide written notice to each applicant for tenant-based assistance from the agency of the effect of the provisions of this paragraph on the applicant's rights to confidentiality of information described in this paragraph. ``(4) Availability of records regarding landlords.-- ``(A) In general.--Notwithstanding any other provision of Federal or State law (including any law regarding confidentiality of such information), the committee for a public housing agency may obtain any of the following records and information relating to any owner of a dwelling unit located within the jurisdiction of the agency for which assistance payments are made under subsection (b) or (o) of this section: ``(i) Criminal conviction, arrest, and activity records from any law enforcement agency. ``(ii) Police reports. ``(iii) Citations, convictions, fines, or judgments for violations of any laws, regulations, standards, or codes relating to housing quality or habitability. ``(iv) Complaints, grievances, or actions filed by any current or former tenants, and any records of any related judgments, settlements, or other dispositions. ``(v) Any other information reasonably related to the procurement of information described in this paragraph. ``(B) Applicability.--This paragraph shall apply with respect to any owner of an assisted dwelling unit for which assistance payments are made after the date on which the regulations implementing this subsection take effect. ``(5) Penalty.--Any person who obtains or uses information under this subsection for purposes other than those described in paragraph (2), or discloses such information in any manner to any individual not authorized under law to receive such information, shall be imprisoned not more than one year and fined not more than $10,000 (and such offense is hereby exempted from the applicability of the fine provided under section 3571 of title 18, United States Code), or both.''. (b) Regulations.--The Secretary of Housing and Urban Development shall issue any regulations necessary to carry out the amendment made by subsection (a) not later than the expiration of the 12-month period beginning on the date of the enactment of this Act, and such regulations shall take effect not later than the expiration of the 90- day period beginning upon such issuance. | Section 8 Voucher Residential Screening Committees Act - Amends the United States Housing Act of 1937 with respect to the section 8 rental assistance voucher program to require each public housing agency to establish and maintain a neighborhood review committee which shall: (1) be made up of between three and six agency-area residents, of whom at least three must not be receiving housing assistance other than mortgage assistance; and (2) obtain and review references and certain enforcement-related information respecting assisted families and landlords. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Credit Card Abuse Prevention Act of 2003''. SEC. 2. MANAGEMENT OF PURCHASE CARDS. (a) Required Safeguards and Internal Controls.--The head of each executive agency that issues and uses purchase cards and convenience checks shall establish and maintain safeguards and internal controls to ensure the following: (1) That there is a record in each executive agency of each holder of a purchase card issued by the agency for official use, annotated with the limitations on single transaction and total credit amounts that are applicable to the use of each such card by that purchase cardholder. (2) That the holder of a purchase card and each official with authority to authorize expenditures charged to the purchase card are responsible for reconciling the charges appearing on each statement of account for that purchase card with receipts and other supporting documentation and forwarding such reconciliation to the designated official who certifies the bill for payment in a timely manner. (3) That any disputed purchase card charge, and any discrepancy between a receipt and other supporting documentation and the purchase card statement of account, is resolved in the manner prescribed in the applicable Governmentwide purchase card contract entered into by the Administrator of General Services. (4) That payments on purchase card accounts are made promptly within prescribed deadlines to avoid interest penalties. (5) That rebates and refunds based on prompt payment on purchase card accounts are monitored for accuracy and properly recorded as a receipt to the agency that pays the monthly bill. (6) That records of each purchase card transaction (including records on associated contracts, reports, accounts, and invoices) are retained in accordance with standard Government policies on the disposition of records. (7) That periodic reviews are performed to determine whether each purchase cardholder has a need for the purchase card. (8) That appropriate training is provided to each purchase cardholder and each official with responsibility for overseeing the use of purchase cards issued by an executive agency. (9) That each executive agency has specific policies regarding the number of purchase cards issued by various organizations and categories of organizations, the credit limits authorized for various categories of cardholders, and categories of employees eligible to be issued purchase cards, and that those policies are designed to minimize the financial risk to the Federal Government of the issuance of the purchase cards and to ensure the integrity of purchase cardholders. (10) That the head of each executive agency evaluate the creditworthiness of an individual before issuing the individual a purchase card, and that no individual be issued a purchase card if the individual is found not creditworthy as a result of the evaluation. Notwithstanding any other provision of law, such evaluation shall include an assessment of an individual's consumer report from a consumer reporting agency as those terms are defined in section 603 of the Fair Credit Reporting Act. The obtaining of a consumer report under this subsection is deemed to be a circumstance or purpose authorized or listed under section 604 of the Fair Credit Reporting Act. (11) That each executive agency invalidate the purchase card of each employee who-- (A) ceases to be employed by the agency immediately upon termination of the employment of the employee; or (B) transfers to another unit of the agency immediately upon the transfer of the employee. (b) Management of Purchase Cards.--The head of each executive agency shall prescribe regulations implementing the safeguards and internal controls in subsection (a). Those regulations shall be consistent with regulations that apply Governmentwide regarding the use of purchase cards by Government personnel for official purposes. (c) Penalties for Violations.--The regulations prescribed under subsection (a) shall provide for appropriate adverse personnel actions or other punishment to be imposed in cases in which employees of an executive agency violate such regulations or are negligent or engage in misuse, abuse, or fraud with respect to a purchase card, including removal in appropriate cases. (d) The Inspector General of each executive agency shall-- (1) periodically conduct risk assessments of the agency purchase card program and associated internal controls and analyze identified weaknesses and the frequency of improper activity in order to develop a plan for using such risk assessments to determine the scope, frequency, and number of periodic audits of purchase cardholders; (2) perform periodic audits of purchase cardholders designed to identify-- (A) potentially fraudulent, improper, and abusive uses of purchase cards; (B) any patterns of improper cardholder transactions, such as purchases of prohibited items; and (C) categories of purchases that should be made by means other than purchase cards in order to better aggregate purchases and obtain lower prices; (3) report to the head of the executive agency concerned on the results of such audits; and (4) report to the Director of the Office of Management and Budget and the Comptroller General on the implementation of recommendations made to the head of the executive agency to address findings during audits of purchase cardholders. (e) Definition of Executive Agency.--For the purpose of this section the term ``executive agency'' has the meaning provided in section 4(1) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(1)). (f) Relationship to Department of Defense Purchase Card Regulations.-- (1) The requirements under this section shall not apply to the Department of Defense. (2) Section 2784(b) of title 10, United States Code, is amended-- (A) in paragraph (8), by striking ``periodic audits'' and inserting ``risk assessments of the agency purchase card program and associated internal controls and analyze identified weaknesses and the frequency of improper activity in order to develop a plan for using such risk assessments to determine the scope, frequency, and number of periodic audits of purchase cardholders.''; and (B) by adding at the end the following new paragraphs: ``(11) That the Secretary of Defense shall evaluate the creditworthiness of an individual before issuing the individual a purchase card, and that no individual be issued a purchase card if the individual is not found creditworthy as a result of the evaluation. Notwithstanding any other provision of law, such evaluation shall include an assessment of an individual's consumer report from a consumer reporting agency as those terms are defined in section 603 of the Fair Credit Reporting Act. The obtaining of a consumer report under this subsection is deemed to be a circumstance or purpose authorized or listed under section 604 of the Fair Credit Reporting Act. ``(12) That the Secretary of Defense invalidate the purchase card of each employee who ceases to be employed by the department immediately upon termination of the employment of the employee or transfers to another agency or subunit within the department immediately upon transfer.''. SEC. 3. MANAGEMENT OF TRAVEL CARDS. Section 2 of the Travel and Transportation Reform Act of 1998 (Public Law 105-264; 5 U.S.C. 5701 note) is amended by adding at the end the following new subsection: ``(h) Management of Travel Charge Cards.-- ``(1) Required safeguards and internal controls.--The head of each executive agency that has employees that use travel charge cards shall establish and maintain safeguards and internal controls over travel charge cards to ensure the following: ``(A) That there is a record in each executive agency of each holder of a travel charge card issued by the agency for official use, annotated with the limitations on amounts that are applicable to the use of each such card by that travel charge cardholder. ``(B) That rebates and refunds based on prompt payment on travel charge card accounts are properly recorded as a receipt of the agency that employs the cardholder. ``(C) That periodic reviews are performed to determine whether each travel charge cardholder has a need for the travel charge card. ``(D) That appropriate training is provided to each travel charge cardholder and each official with responsibility for overseeing the use of travel charge cards issued by an executive agency. ``(E) That each executive agency has specific policies regarding the number of travel charge cards issued by various organizations and categories of organizations, the credit limits authorized for various categories of cardholders, and categories of employees eligible to be issued travel charge cards, and that those policies are designed to minimize the financial risk to the Federal Government of the issuance of the travel charge cards and to ensure the integrity of travel charge cardholders. ``(F) That the head of each executive agency evaluates the creditworthiness of an individual before issuing the individual a travel charge card, and that no individual be issued a travel charge card if the individual is found not creditworthy as a result of the evaluation (except that this paragraph shall not preclude issuance of a restricted use travel charge card when the individual lacks a credit history). Notwithstanding any other provision of law, such evaluation shall include an assessment of an individual's consumer report from a consumer reporting agency as those terms are defined in section 603 of the Fair Credit Reporting Act. The obtaining of a consumer report under this subsection is deemed to be a circumstance or purpose authorized or listed under section 604 of the Fair Credit Reporting Act. ``(G) That each executive agency ensures that the travel charge card of each employee who ceases to be employed by the agency is invalidated immediately upon termination of the employment of the employee. ``(2) Regulations.--The Administrator of General Services shall prescribe regulations governing the implementation of the safeguards and internal controls in paragraph (1) by executive agencies. ``(3) Penalties for violations.--The regulations prescribed under paragraph (2) shall provide for appropriate adverse personnel actions or other punishment to be imposed in cases in which employees of an executive agency violate such regulations or are negligent or engage in misuse, abuse, or fraud with respect to a travel charge card, including removal in appropriate cases. ``(4) The Inspector General of each executive agency shall-- ``(A) periodically conduct risk assessments of the agency travel card program and associated internal controls and analyze identified weaknesses and the frequency of improper activity in order to develop a plan for using such risk assessments to determine the scope, frequency, and number of periodic audits of purchase cardholders; ``(B) perform periodic audits of travel cardholders designed to identify potentially fraudulent, improper, and abusive uses of travel cards; ``(C) report to the head of the executive agency concerned on the results of such audits; and ``(D) report to the Director of the Office of Management and Budget and the Comptroller General on the implementation of recommendations made to the head of the executive agency to address findings during audits of travel cardholders. ``(5) Definitions.--For purposes of this subsection: ``(A) The term `executive agency' means an agency as that term is defined in section 5701 of title 5, United States Code, except that it is in the executive branch. ``(B) The term `travel charge card' means the Federal contractor-issued travel charge card that is individually billed to each cardholder.''. SEC. 4. REGULATIONS. (a) In General.--Not later than 180 days after the date of the enactment of this Act-- (1) the head of each executive agency shall promulgate regulations to implement the requirements of section 2; and (2) the Administrator of General Services shall promulgate regulations required pursuant to the amendments made by section 3. (b) Best Practices.--Regulations promulgated under this section shall reflect best practices for conducting purchase card and travel card programs. | Credit Card Abuse Prevention Act of 2003 - Directs the head of each executive agency that issues and uses purchase cards and convenience checks to establish and maintain specified safeguards and internal controls. Requires the Inspector General of each executive agency to: (1) periodically conduct risk assessments of the agency's purchase card program and associated internal controls and analyze identified weaknesses and the frequency of improper activity; (2) perform periodic audits of purchase cardholders; (3) report to the agency head on the results of such audits; and (4) report to the Director of the Office of Management and Budget (OMB) and the Comptroller General on implementation of recommendations made to the agency head to address findings during audits. Prohibits applying all such requirements above to the Department of Defense (DOD). Amends Federal law provisions relating to management of purchase cards issued to DOD personnel to require the Inspector General of DOD, Inspector General of the Army, Naval Inspector General, and Inspector General of the Air Force to perform risk assessments of DOD's purchase card program and associated internal controls and analyze identified weaknesses and the frequency of improper activity in order to develop a plan for using such risk assessments to determine the scope, frequency, and number of periodic audits of purchase cardholders. Amends the Travel and Transportation Reform Act of 1998 to direct each executive agency head that has employees that use travel charge cards to establish and maintain specified safeguards and internal controls. Requires the Inspector General of each executive agency to: (1) periodically conduct risk assessments of the agency's travel card program and associated internal controls and analyze identified weaknesses and the frequency of improper activity; (2) perform periodic audits of travel cardholders; (3) report to the agency head the results of such audits; and (4) report to the OMB Director and the Comptroller General on implementation of recommendations made to the agency head to address findings during audits. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Workplace Democracy Act''. SEC. 2. STREAMLINING CERTIFICATION FOR LABOR ORGANIZATIONS. (a) In General.--Section 9(c) of the National Labor Relations Act (29 U.S.C. 159(c)) is amended by adding at the end the following: ``(6) Notwithstanding any other provision of this section, whenever a petition shall have been filed by an employee or group of employees or any individual or labor organization acting in their behalf alleging that a majority of employees in a unit appropriate for the purposes of collective bargaining wish to be represented by an individual or labor organization for such purposes, the Board shall investigate the petition. If the Board finds that a majority of the employees in a unit appropriate for bargaining has signed valid authorizations designating the individual or labor organization specified in the petition as their bargaining representative and that no other individual or labor organization is currently certified or recognized as the exclusive representative of any of the employees in the unit, the Board shall not direct an election but shall certify the individual or labor organization as the representative described in subsection (a). ``(7) The Board shall develop guidelines and procedures for the designation by employees of a bargaining representative in the manner described in paragraph (6). Such guidelines and procedures shall include-- ``(A) model collective bargaining authorization language that may be used for purposes of making the designations described in paragraph (6); and ``(B) procedures to be used by the Board to establish the validity of signed authorizations designating bargaining representatives.''. (b) Conforming Amendments.-- (1) National labor relations board.--Section 3(b) of the National Labor Relations Act (29 U.S.C. 153(b)) is amended, in the second sentence-- (A) by striking ``and to'' and inserting ``to''; and (B) by striking ``and certify the results thereof,'' and inserting ``, and to issue certifications as provided for in that section,''. (2) Unfair labor practices.--Section 8(b) of the National Labor Relations Act (29 U.S.C. 158(b)) is amended-- (A) in paragraph (7)(B) by striking ``, or'' and inserting ``or a petition has been filed under section 9(c)(6), or''; and (B) in paragraph (7)(C) by striking ``when such a petition has been filed'' and inserting ``when such a petition other than a petition under section 9(c)(6) has been filed''. SEC. 3. FACILITATING INITIAL COLLECTIVE BARGAINING AGREEMENTS. Section 8 of the National Labor Relations Act (29 U.S.C. 158) is amended by adding at the end the following: ``(h) Whenever collective bargaining is for the purpose of establishing an initial agreement following certification or recognition, the provisions of subsection (d) shall be modified as follows: ``(1) Not later than 10 days after receiving a written request for collective bargaining from an individual or labor organization that has been newly organized or certified as a representative as defined in section 9(a), or within such further period as the parties agree upon, the parties shall meet and commence to bargain collectively and shall make every reasonable effort to conclude and sign a collective bargaining agreement. ``(2) If after the expiration of the 90-day period beginning on the date on which bargaining is commenced, or such additional period as the parties may agree upon, the parties have failed to reach an agreement, either party may notify the Federal Mediation and Conciliation Service of the existence of a dispute and request mediation. Whenever such a request is received, it shall be the duty of the Service promptly to put itself in communication with the parties and to use its best efforts, by mediation and conciliation, to bring them to agreement. ``(3) If after the expiration of the 30-day period beginning on the date on which the request for mediation is made under paragraph (2), or such additional period as the parties may agree upon, the Service is not able to bring the parties to agreement by conciliation, the Service shall refer the dispute to an arbitration board established in accordance with such regulations as may be prescribed by the Service. The arbitration panel shall render a decision settling the dispute and such decision shall be binding upon the parties for a period of 2 years, unless amended during such period by written consent of the parties.''. | Workplace Democracy Act This bill amends the National Labor Relations Act to require the National Labor Relations Board (NLRB) to certify without an election an individual or labor organization as the exclusive representative of the employees in a unit appropriate for bargaining if a majority of the employees has signed valid authorizations designating the individual or labor organization specified in a properly filed petition as their bargaining representative and no other individual or labor organization is currently certified or recognized as the exclusive representative of any of the employees in the unit. The NLRB shall develop guidelines and procedures for the designation by employees of a bargaining representative. Deadlines are prescribed for critical turns in collective bargaining to establish an initial agreement upon the request of an individual or labor organization that has been newly organized or certified as a representative. The first meeting shall convene within 10 days after the employer receives a request. Either party to a negotiation may, 90 days after commencement, notify the Federal Mediation and Conciliation Service of the existence of a dispute and request mediation. The Service shall refer the dispute to an arbitration board if the parties are not brought to agreement within 30 days after the request for mediation. |
SECTION 1. EXTENSION AND MODIFICATION OF ALTERNATIVE FUEL VEHICLE REFUELING PROPERTY CREDIT. (a) Extension.--Subsection (g) of section 30C of the Internal Revenue Code of 1986 is amended by striking ``placed in service--'' and all that follows and inserting ``placed in service after December 31, 2014''. (b) Increased Credit.-- (1) Credit percentage.--Subsection (a) of section 30C of the Internal Revenue Code of 1986 is amended by striking ``30 percent'' and inserting ``50 percent''. (2) Dollar limitations.-- (A) Increase and per device limitation.--Paragraph (1) of section 30C(b) of such Code is amended to read as follows: ``(1) the greater of-- ``(A) $100,000 for each type of clean-burning fuel (among all clean-burning fuels listed in subsection (c)(2)) utilized in property placed in service at the location by the taxpayer during the taxable year, or ``(B) $10,000 multiplied by the number of devices placed in service at the location by the taxpayer during the taxable year, in the case of a property of a character subject to an allowance for depreciation, and''. (B) Nondepreciable property.--Paragraph (2) of section 30C(b) of such Code is amended by striking ``$1,000'' and inserting ``$2,000''. (3) Device.--Subsection (e) of section 30C of such Code is amended by adding at the end the following new paragraph: ``(7) Device.--For the purposes of subsection (b)(1), the term `device' means an individual item of property, whether a stand-alone item or part of property that includes multiple devices, which functions to refuel or recharge one alternative fuel vehicle at a time.''. (4) Conforming amendment.--Paragraph (6) of section 30C(e) of such Code is amended-- (A) by inserting ``and which is placed in service before the date of the enactment of paragraph (8)'' after ``hydrogen'' in subparagraph (A), and (B) by striking ``$30,000'' in subparagraph (B) and inserting ``$100,000''. (c) Treatment of Personal Credit.-- (1) In general.--Paragraph (2) of section 30C(d) of the Internal Revenue Code of 1986 is amended to read as follows: ``(2) Personal credit.-- ``(A) In general.--For purposes of this title, the credit allowed under subsection (a) for any taxable year (determined after application of paragraph (1)) shall be treated as a credit allowable under subpart A for such taxable year. ``(B) Limitation based on amount of tax.--In the case of a taxable year to which section 26(a)(2) does not apply, the credit allowed under subsection (a) for any taxable year (determined after application of paragraph (1)) shall not exceed the excess of-- ``(i) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(ii) the sum of the credits allowable under subpart A (other than this section and sections 25D and 30D) and section 27 for the taxable year.''. (2) Conforming amendment.--Clause (ii) of section 30D(c)(2)(B) of such Code is amended by striking ``section 25D'' and inserting ``sections 25D and 30C''. (d) Treatment of Property Used by Tax-Exempt Entity.--Paragraph (2) of section 30C(e) of the Internal Revenue Code of 1986 is amended-- (1) by striking the last sentence, and (2) by inserting ``(including use by an Indian tribal government)'' after ``paragraph (3) or (4) of section 50(b)''. (e) Joint Ownership of Alternative Fuel Vehicle Refueling Property.--Subsection (e) of section 30C of the Internal Revenue Code of 1986, as amended by subsection (b), is amended by adding at the end the following new paragraph: ``(8) Joint ownership of alternative fuel vehicle refueling property.-- ``(A) In general.--Any qualified alternative fuel vehicle refueling property shall not fail to be treated as such property solely because such property is placed in service with respect to 2 or more dwelling units. ``(B) Limits applied separately.--In the case of any qualified alternative fuel vehicle refueling property which is placed in service with respect to 2 or more dwelling units, this section (other than this subparagraph) shall be applied separately with respect to the portion of such property attributable to each such dwelling unit.''. (f) Definition of Alternative Fuel Vehicle Refueling Property.-- (1) In general.--Paragraph (3) of section 179A(d) of the Internal Revenue Code of 1986 is amended to read as follows: ``(3) such property is-- ``(A) for the generation, storage, compression, blending, or dispensing of a clean-burning fuel into the fuel tank of a motor vehicle propelled by such fuel, but only if the generation, storage, compression, or dispensing of such fuel is at the point where such fuel is delivered into the fuel tank of the motor vehicle, or ``(B) for the recharging of motor vehicles propelled by electricity (including property relating to providing electricity for such recharging or otherwise necessary for such recharging property).''. (2) Building components.--Subsection (d) of section 179A of such Code is amended by striking ``and its structural components''. (g) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. | Amends the Internal Revenue Code, with respect to alternative fuel vehicle refueling property, to: (1) increase and extend the tax credit for such property through 2014; (2) expand such credit to include the installation of refueling devices (e.g., chargers or compressors); (3) permit property eligible for such credit to be placed in service with respect to two or more dwelling units; and (4) expand the definition of "qualified clean-fuel vehicle refueling property" for purposes of the tax deduction for clean-fuel vehicles and certain refueling property. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Joint Federal and State Navigable Waters Commission for Alaska''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) The efficient and orderly development of the State of Alaska will be better achieved if the Federal Government joins the State of Alaska in a carefully coordinated approach to identify ownership and jurisdictional interests in land and waters. (2) Alaska has abundant water resources that are invaluable to State residents and all citizens of the United States. (3) Because of the massive number of navigable waterways and other bodies of water in the State of Alaska, the task of resolving submerged land ownership and navigable water determinations has been very slow, counter-productive from an orderly resource management standpoint, and costly as the State, private landowners, and the Federal Government attempt to initiate long-range planning processes. (b) Purposes.--The purposes of this Act are the following: (1) Expedite the process of quieting legitimate title to the submerged lands in the State of Alaska. (2) Facilitate determinations for purposes of the Submerged Lands Act (43 U.S.C. 1301 et seq.), to the extent possible, which bodies of water in Alaska are navigable waters and which such bodies of water are not navigable waters. (3) Recommend to the State of Alaska and the Federal Government-- (A) ways to improve the process of making water use and navigability decisions; and (B) ways to fairly and expeditiously quiet title to the State's submerged lands. SEC. 3. ESTABLISHMENT. There is established a commission to be known as the ``Joint Federal and State Navigable Waters Commission for Alaska'' (in this Act referred to as the ``Commission''). SEC. 4. DUTIES OF THE COMMISSION. The Commission shall-- (1) make recommendations to the Secretary of the Interior and the State of Alaska regarding determination of bodies of water in the State that are navigable waters for purposes of the Submerged Lands Act (43 U.S.C. 1301 et seq.); (2) establish a process for employing established standards to facilitate making such recommendations and determinations; (3) develop procedures for involving private landowners, including Alaska Native corporations and the general public, in that process; (4) for purposes of making such recommendations, undertake a process to identify navigable waters in Alaska pursuant to established standards and criteria; and (5) make recommendations to improve coordination and consultation between the government of the State of Alaska and the Federal Government regarding navigability determinations and decisions concerning title to submerged lands. SEC. 5. MEMBERSHIP. (a) Number and Appointment.-- (1) In general.--The Commission shall be composed of 10 members, of which 5 shall be Federal members appointed under subsection (b) and 5 shall be State members appointed under subsection (c). (2) Appointment deadline.--Initial appointments under this section shall be made not later than 60 days after the date of enactment of this Act. (b) Federal Members.--The 5 Federal members shall consist of-- (1) 1 member appointed by the President of the United States; (2) 1 member appointed by each of the three members of the Congress who represent the State of Alaska; and (3) 1 member appointed by the Secretary of the Interior. (c) State Members.--The 5 State members shall consist of-- (1) the Governor of the State of Alaska or the Governor's designee; (2) 2 members appointed by the Governor of the State of Alaska, of whom 1 shall be an Alaska Native (as that term is defined in the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)); (3) 1 member appointed by the President of the Alaska Senate; and (4) 1 member appointed by the Speaker of the Alaska House of Representatives. Each of State members shall serve at the pleasure of the appointing authority for that member. (d) Ineligibility for Appointment.--Members of Congress shall be ineligible for appointment to the Commission. (e) Co-Chairs.--The member appointed by the President of the United States and the Governor or Governor's designee shall serve as co-chairs of the Commission. (f) Initial Meeting.--The initial meeting of the Commission shall be called by the co-chairs. (g) Term of Appointment.-- (1) In general.--Subject to paragraph (2), members of the Commission shall be appointed for the life of the Commission. (2) Early termination of appointment.--(A) Membership of a member of the Commission shall terminate if the member is-- (i) an individual who is an officer or employee of a government body and who ceases to serve as such an officer or employee; or (ii) an individual who is not an officer or employee of a government and who becomes an officer or employee of a government. (B) Termination of an individual's membership pursuant to subparagraph (A)(i) or (ii) shall take effect on the expiration of the 90-day period beginning on the date such member ceases to be such an officer or employee of such government, or becomes an officer or employee of a government, respectively. (h) Quorum.--3 Federal members and 3 State members of the Commission shall constitute a quorum, but a lesser number may conduct meetings. All decisions of the Commission shall require concurrence by at least 3 State members and 3 Federal members of the Commission. (i) Vacancy.--A vacancy in the membership of the commission-- (1) shall not affect the powers of the Commission to meet or conduct business, subject to subsection (h); and (2) shall be filled in the same manner in which the original appointment was made, by the same appointing authority. SEC. 6. COMPENSATION OF THE COMMISSION. (a) Pay for Federal Members of the Commission.-- (1) Nongovernment employees.--Each Federal member of the Commission who is not otherwise an officer or employee of the Federal Government shall be entitled to receive the daily equivalent of the annual rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code, as in effect from time to time, for each day (including travel time) during which such member is engaged in the actual performance of duties of the Commission. (2) Government employees.--A member of the Commission who is an officer or employee of either the government of the State of Alaska or the Federal Government shall serve without additional pay or benefits for service as a member of the Commission. (b) Travel Expenses.--Federal members of the Commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with subchapter I of chapter 57 of title 5, United States Code. State members of the Commission are entitled to per diem and travel expenses as authorized under pertinent laws of the State of Alaska. SEC. 7. POWERS OF THE COMMISSION. (a) Hearings and Meetings.--The Commission or, on the authorization of the Commission, any subcommittee or member of the Commission may, for the purposes of carrying out its duties, hold hearings, take testimony, receive evidence, print or otherwise reproduce and distribute all or part of commission proceedings and reports, and sit and act at those times and places as the Commission, subcommittee, or members consider desirable. (b) Information for the Commission.--The Commission may obtain directly from any executive agency (as defined in section 105 of title 5 of the United States Code) or court information necessary to enable it to carry out its duties under this Act. On the request of either co- chair of the Commission, and consistent with applicable law, the head of an executive agency or of a Federal court shall provide such information to the Commission. (c) Powers of Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (d) Volunteer Services.--The Commission may accept volunteer services for the purpose of aiding or facilitating the work of the Commission. (e) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (f) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (g) Contract Authority.--To the extent or in the amounts provided in advance in appropriation Acts, the Commission may contract with and compensate government and private agencies or persons for property or services, without regard to section 3709 of the Revised Statutes (41 U.S.C. 5). SEC. 8. STAFF OF COMMISSION; EXPERTS AND CONSULTANTS. (a) Staff.--Subject to rules prescribed by the Commission, the co- chairs may appoint and fix the pay of personnel as they consider appropriate. (b) Applicability of Certain Civil Service Laws.--The 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 that title relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of the annual rate of basic pay for GS-15 of the General Schedule. (c) Experts and Consultants.--Subject to rules prescribed by the Commission, the co-chairs may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay for GS-15 of the General Schedule. (d) Staff of Federal Agencies.--Upon request of the co-chairs, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. SEC. 9. RELATIONSHIP TO OTHER LAW. The Federal Advisory Committee Act (5 App. U.S.C.) shall not apply to the Commission. SEC. 10. REPORTS. (a) Annual Report.--Not later than January 31 of each year, the Commission shall submit to the President of the United States, the Congress, the Governor of the State of Alaska, and the legislature of the State of Alaska a written report describing its activities during the preceding year. (b) Final Report.--The Commission shall submit a final comprehensive report to the officials and entities referred to in subsection (a) at least 10 days before the date the Commission terminates. SEC. 11. TERMINATION OF THE COMMISSION. The Commission is terminated 2 years after the date of completion of appointment of all members of the Commission. | Joint Federal and State Navigable Waters Commission for Alaska - Establishes the Joint Federal and State Navigable Waters Commission.Requires the Commission to: (1) make recommendations to the Secretary of the Interior and the State of Alaska regarding the determination of bodies of water in the State that are navigable waters for purposes of the Submerged Lands Act; (2) establish a process for employing established standards to facilitate making such recommendations and determinations; (3) develop procedures for involving private landowners, including Alaska Native corporations and the public, in that process; (4) undertake a process to identify navigable waters in Alaska pursuant to established standards and criteria; and (5) make recommendations to improve coordination and consultation between the State and the Federal Government regarding navigability determinations and decisions concerning title to submerged lands. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop White-collar Assistance to Terrorists Act''. SEC. 2. CREDIT CARD FRAUD. Section 1029 (c) of title 18, United States Code, is amended by adding at the end the following: ``(3) Special rule for terrorism-related offenses.--If the offense under this section was committed to facilitate an act of domestic terrorism (as defined in section 2331) or an act of international terrorism (as defined in section 2331) the maximum term of imprisonment is 20 years in the case of a first-time conviction under this section, and 30 years if a prior conviction under this section has occured.''. SEC. 3. FINANCIAL FRAUD. (a) Counterfeit or Forged Securities.--Subsections (a) and (b) of section 513 of title 18, United States Code, are each amended by inserting ``, but if the offense is committed to facilitate an act of domestic terrorism (as defined in section 2331) or an act of international terrorism (as defined in section 2331) the maximum term of imprisonment is 25 years'' after ``or both''. (b) Operating an Unlicensed Money Transmitting Business.--Section 1960(a) of title 18, United States Code, is amended by inserting ``, but if the offense is committed to facilitate an act of domestic terrorism (as defined in section 2331) or an act of international terrorism (as defined in section 2331) the maximum term of imprisonment is 20 years'' after ``or both''. (c) Moneylaundering.--Section 1956(a) of title 18, United States Code, is amended by adding at the end the following new paragraph: ``(4) If the offense under this subsection is committed to facilitate an act of domestic terrorism (as defined in section 2331) or an act of international terrorism (as defined in section 2331) the maximum term of imprisonment for that offense is 30 years.''. (d) Bribery.--Section 201 of title 18, United States Code, is amended-- (1) in subsection (b), by inserting ``, but if the offense under paragraph (1) is committed to facilitate an act of domestic terrorism (as defined in section 2331) or an act of international terrorism (as defined in section 2331) the maximum term of imprisonment is 30 years'' after ``under the United States''; and (2) in subsection (c), by inserting ``, but if the offense under paragraph (1) is committed to facilitate an act of domestic terrorism (as defined in section 2331) or an act of international terrorism (as defined in section 2331) the maximum term of imprisonment is 10 years'' after ``or both''. (e) Social Security Fraud.--Section 208(a) of the Social Security Act (42 U.S.C. 408(a)) is amended by inserting ``, but in the case of any offense under this subsection that was committed to facilitate an act of domestic terrorism (as defined in section 2331) or an act of international terrorism (as defined in section 2331) the maximum term of imprisonment is 20 years'' after ``or both''. SEC. 4. PROVIDING MATERIAL SUPPORT TO TERRORISTS. Section 2339A of title 18, United States Code, is amended by striking ``15 years'' and inserting ``30 years''. SEC. 5. AMENDMENT TO THE SENTENCING GUIDELINES RELATING TO CERTAIN CRIMES. (a) In General.--Pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and, if appropriate, amend the sentencing guidelines and policy statements applicable to persons convicted of an offense committed to facilitate terrorism under sections 201, 513, 1029, 1956, 1960, and 2339A of title 18, United States Code, and section 208(a) of the Social Security Act (42 U.S.C. 408(a)) in order to reflect the intent of Congress that such penalties be increased in comparison to those currently provided by the sentencing guidelines and policy statements. (b) Considerations.--In carrying out this section, the Sentencing Commission, shall-- (1) ensure that the sentencing guidelines and policy statements reflect Congress' intent that the sentencing guidelines and policy statements reflect the-- (A) serious nature of the offenses described in this Act; and (B) need for an effective deterrent and appropriate punishment to prevent such offenses; (2) consider the extent to which the sentencing guidelines and policy statements may or may not appropriately account for-- (A) the potential and actual harm to the public from the offense; (B) the level of sophistication and planning involved in the offense; and (C) whether the offense was intended to or had the effect of creating a threat to public health or safety, injury to another person, or even death; (3) assure reasonable consistency with other relevant directives and with other sentencing guidelines and policy statements; (4) account for any additional aggravating or mitigating circumstances that may justify exceptions to the generally applicable sentencing ranges; and (5) assure that the sentencing guidelines and policy statements adequately meet the purposes of sentencing as set forth in section 3553(a)(2) of title 18, United States Code. | Stop White-collar Assistance to Terrorists Act - Amends the federal criminal code to increase the maximum prison terms for: (1) certain fraud, money laundering, and bribery offenses if committed to facilitate an act of domestic or international terrorism; and (2) providing material support or resources to terrorists. Directs the U.S. Sentencing Commission to review and, if appropriate, amend sentencing guidelines and policy statements for offenses committed to facilitate terrorism to reflect congressional intent that the penalties for such offenses be increased. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Workers' Pension Protection Act of 1996''. TITLE I--PENSION PLAN FUNDING SEC. 101. AMENDMENTS TO PENSION PLAN FUNDING REQUIREMENTS. Part 3 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended-- (1) by redesignating section 308 (29 U.S.C. 1086) as section 309; and (2) by inserting after section 307 the following new section: ``SEC. 308. TREATMENT OF MULTIEMPLOYER PLANS. ``(a) Limitation on Benefit Increases for Underfunded Plans.--The trustees of a plan described in section 3(37) shall not increase benefits for a plan year if the plan had a funded current liability percentage of 95 percent or less on the last day of the plan year immediately preceding the plan year in which the increase in benefits would take effect. ``(b) Limitation on Amount of Benefit Increase for Other Multiemployer Plans.-- ``(1) In general.--A plan described in section 3(37) with a funded current liability percentage of 95 percent or more shall not increase benefits if such increase would result in a funded current liability percentage of less than 90 percent for the plan year in which the benefit increase takes effect, including the amount of the unfunded current liability under the plan attributable to the benefit increase. ``(2) Special Rule for Certain Plans.--A plan described in section 3(37) that increases benefits in accordance with paragraph (1) shall not increase benefits until the plan has reachieved a funded current liability percentage of 95 percent or more on the last day of the plan year immediately preceding the plan year in which the benefit increase would take effect. ``(c) Treatment of Interest Rates.-- ``(1) In general.--The rate of interest used to determine current liabilities under this section for a plan described in section 3(37) shall be the rate of interest used under section 302(b)(5)(B)(ii), except that the highest rate in the permissible range under subparagraph (B)(ii) of such section shall not exceed the specified percentage under paragraph (2) of the weighted average referred to in such subparagraph. ``(2) Specified percentage.--For purposes of paragraph (1) the specified percentage shall be: ``In the case of plan years the specified beginning in calendar year: percentage is: 1996.......................................... 109 1997.......................................... 108 1998.......................................... 107 1999.......................................... 106 2000.......................................... 105. ``(d) Treatment of Mortality Tables.-- ``(1) Standard table.--In the case of plan years beginning prior to the first plan year to which the tables described in paragraph (2) apply, the mortality table used in determining current liability under this subsection shall be the table prescribed by the Secretary of Labor which must be based on the prevailing standard table (as described in section 807 of the Internal Revenue Code of 1986) used by the Commissioner of the Internal Revenue Service to determine reserves for group annuity contracts issued on January 1, 1993. ``(2) Secretarial authority.--The Secretary of Labor shall by regulation prescribe, for plan years beginning after December 31, 1999, mortality tables to be used in determining current liability under this subsection. Such tables shall be identical to those prescribed by the Secretary of Treasury under section 412(l)(7)(C)(ii)(II) of the Internal Revenue Code of 1986. ``(e) Definitions.--For purposes of this section: ``(1) Benefits.--The term `benefits' for a plan described in section 3(37) means all benefits to participants and their beneficiaries under the plan. ``(2) Current liability.--The term `current liability' for a plan described in section 3(37) means all liabilities to participants and their beneficiaries under the plan. ``(3) Unfunded current liability.--For a plan described in section 3(37), the term `unfunded current liability' means, with respect to any plan year, the excess (if any) of-- ``(A) the current liability under the plan, over ``(B) the value of the plan assets determined under section 302(c)(2) (29 U.S.C. 1082(c)(2)), reduced by any credit balance in the funding standard account. The Secretary of Labor may provide for such reduction for purposes of any other provision which references this subsection. ``(4) Funded current liability percentage.--For a plan described in section 3(37), the term `funded current liability percentage' means, with respect to any plan year, the percentage which-- ``(A) the amount determined under paragraph (3)(B), is of ``(B) the current liability under the plan.''. SEC. 102. EXCEPTION TO RULE PROHIBITING DECREASE OF ACCRUED BENEFITS. Section 204(g)(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1054(g)(1)) is amended by adding before the period the following: ``, or an amendment which reduces an increase in accrued benefits resulting from an increase in benefits prohibited by section 308 (a) or (b)''. SEC. 103. NOTICE TO PARTICIPANTS AND OTHERS OF MULTIEMPLOYER PLAN FUNDING STATUS. Section 105 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1025) is amended by adding at the end thereof the following new subsection: ``(e) The trustees of a plan described in section 3(37) shall provide to plan participants, beneficiaries and employers contributing to the plan, on an annual basis, within 180 days after the last day of the plan year, notice of the plan's funded current liability percentage on the last day of the immediately preceding plan year, and of the limits on the Pension Benefit Guaranty Corporation's guarantee if the plan becomes insolvent. Such notice shall be written in a manner so as to be understood by the average plan participant.''. SEC. 104. EFFECTIVE DATE. The amendments made by this title shall apply to plans in plan years beginning after December 31, 1996. TITLE II--ACTUARIAL ASSUMPTIONS SEC. 201. INTEREST RATE AND MORTALITY ASSUMPTIONS USED. Section 4213(b) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1393(b)) is amended-- (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (2) by striking ``In'' and inserting ``(1) In''; and (3) by adding at the end thereof the following new paragraph: ``(2) Effective for plan years beginning after December 31, 1996-- ``(A) the rate of interest used to determine an employer's withdrawal liability under this part shall be the rate of interest determined under section 308(c); and ``(B) the mortality table used in determining an employer's withdrawal liability under this part shall be the mortality table determined under section 308(d) for determining current liability.''. SEC. 202. EFFECTIVE DATE. The amendments made by this title shall apply to plans in plan years beginning after December 31, 1996. TITLE III--ADMINISTRATION AND ENFORCEMENT SEC. 301. ADMINISTRATION AND ENFORCEMENT REQUIREMENTS. Section 502(a) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1132(a)) is amended-- (1) paragraph (8), by striking ``or'' at the end thereof; (2) in paragraph (9), by striking the period and inserting ``; or''; and (3) by adding at the end thereof the following new paragraph: ``(10) by an employer which contributes to a multiemployer plan (A) to enjoin any act or practice which violates any provision of sections 308, 204(g)(1), and 105(e), or (B) to obtain other appropriate equitable relief (i) to redress such violations of such sections or (ii) to enforce any provision of such sections.''. SEC. 302. ATTORNEY'S FEES AND COSTS. Section 502(g) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1132(g)) is amended by adding at the end thereof the following new paragraph: ``(3) In any action under ``section 502(a)(1) by an employer, the court in its discretion may allow a reasonable attorney's fee and costs of action to either party.''. SEC. 303. CIVIL ACTIONS BY CORPORATION. Section 4003(e)(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1303(e)(1)) is amended-- (1) by striking ``, and (B)'' and inserting ``, (B)''; and (2) by inserting before the period the following: ``, and (C) in the case of a multiemployer plan, sections 308, 204(g)(1), 105(e), and 4213(b)(2)''. SEC. 304. EFFECTIVE DATE. The amendments made by this title shall apply to plans in plan years beginning after December 31, 1996. TITLE IV--MISCELLANEOUS PROVISIONS SEC. 401. ELIMINATION OF SPECIAL VESTING RULE FOR MULTIEMPLOYER PLANS. (a) In General.--Paragraph (2) of section 203(a) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1053(a)(2)) is amended-- (1) in the matter preceding subparagraph (A), by striking ``subparagraph (A), (B), or (C)'' and inserting ``subparagraph (A) or (B)''; and (2) by striking subparagraph (C). (b) Effective Date.--The amendments made by subsection (a) shall apply to plan years beginning after the earlier of-- (1) the later of-- (A) December 31, 1996; or (B) the date on which the last of the collective bargaining agreements pursuant to which the plan is maintained terminates (determined without regard to any extension thereof after the date of the enactment of this Act); or (2) January 1, 1999. Such amendments shall not apply to any individual who does not have more than one hour of service under the plan on or after the first day of the first plan year to which such amendments apply. | TABLE OF CONTENTS: Title I: Pension Plan Funding Title II: Actuarial Assumptions Title III: Administration and Enforcement Title IV: Miscellaneous Provisions Workers' Pension Protection Act of 1996 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to revise protections for workers in multiemployer pension plans. Extends certain protections previously established for workers in single-employer pension plans to workers in multiemployer pension plans. Title I: Pension Plan Funding - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to prohibit multiemployer pension plan trustees from increasing benefits unless the plan is operating with at least 95 percent funding. Allows a plan that satisfies such requirement to choose to increase benefits if the benefit increase would not reduce the funding levels to below 90 percent. Requires such a plan to reach 95 percent funding again before increasing benefits. Requires multiemployer plans to use specified interest rate assumptions and mortality tables. Modifies a rule which prohibits decrease of accrued benefits to make an exception for plan amendments which reduce an increase resulting from an increase in benefits prohibited under this title. Requires multiemployer plan administrators to notify plan participants, beneficiaries, and contributing employers of the plan's funding status and the limits of the guarantee by the Pension Benefit Guaranty Corporation (PBGC) if the plan becomes insolvent. Title II: Actuarial Assumptions - Requires multiemployer plans to adopt the interest rate and mortality tables of title I. Title III: Administration and Enforcement - Grants employers that contribute to multiemployer plans the right to seek an injunction against a plan to prevent an impermissible benefit increase or any other violation of title I or II of this Act, or obtain other appropriate relief to redress such violations or enforce such provisions. Authorizes a court, in its discretion, to award reasonable attorney's fees and costs to either party in such actions. Title IV: Miscellaneous Provisions - Eliminates a special vesting rule for multiemployer plans. Conforms vesting rules for multiemployer plans to those applicable to other qualified (single- employer) plans (thus requiring that a worker's accrued benefits be 100-percent vested after five years of service rather than the current ten years). |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Transportation Preservation Act of 2010''. SEC. 2. FINDINGS. Congress finds the following: (1) The American Public Transportation Association estimates that since January 1, 2009, 84 percent of transit systems have raised fares, cut service or are considering one of those actions. (2) Many low-income workers, older Americans, and people with disabilities depend on transit service to get to jobs and health care. Reduced service and higher fares can have a devastating effect on their quality of life. (3) Millions of Americans use transit every day. Reduced transit service makes it harder for workers to access jobs and puts more cars on the road, worsening already bad traffic congestion in many metropolitan areas. SEC. 3. EMERGENCY OPERATING FUNDS FOR PUBLIC TRANSPORTATION. (a) General Authority.--The Secretary of Transportation may make grants to States and designated recipients that receive funding under chapter 53, United States Code, for the operating costs of equipment and facilities for use in public transportation. (b) Apportionment of Funds.--Of the funds made available under this section-- (1) 80 percent shall be apportioned in accordance with section 5336 of title 49, United States Code; (2) 10 percent shall be apportioned in accordance with section 5340 of title 49, United States Code; and (3) 10 percent shall be apportioned to other than urbanized areas in accordance with section 5311 of title 49, United States Code. (c) Use of Funds.-- (1) In general.--Except as provided in paragraph (2), the amounts apportioned to a State or urbanized area pursuant to subsection (b) shall be used-- (A) for operating expenses necessary to-- (i) restore a reduction in public transportation service and related workforce reductions; or (ii) rescind all or a portion of a fare increase; if such reduction or increase was due to decreased State or local funding or farebox revenue, that occurred on or after January 1, 2009; and (B) to prevent reductions or increases described in subparagraph (A) through September 30, 2011. (2) Exception.-- (A) In general.--If a recipient submits a certification to the Secretary that the recipient has not had a major reduction in public transportation service, as described in section 5307(d)(1)(I) of title 49, United States Code, or a fare increase as a result of decreased State or local operating funding, and will be able to avoid such reductions or increases through September 30, 2011, without the funds made available by this section, a recipient may use the funds to replace, rehabilitate, or repair existing transit capital assets used in public transportation as defined under section 5302(a)(10) of title 49, United States Code. (B) Use of remaining funds.--A recipient may use any remaining funds made available by this section to replace, rehabilitate, or repair existing transit capital assets used in public transportation as defined under section 5302(a)(10) of title 49, United States Code if that recipient has-- (i) restored a major reduction in public transportation service or rescinded a fare increase; and (ii) is able to avoid reductions or increases described in paragraph (1)(B). (d) Requirements.--Applicable requirements of chapter 53 of title 49, United States Code, shall apply to funding provided under this section. Section 1101(b) of Public Law 109-59 (119 Stat. 1156) shall apply to funding provided under this section. (e) Government Share of Costs.--A grant under this section shall be, at the option of the recipient, up to 100 percent of the net cost of the project. (f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $2,000,000,000 to remain available for obligation through September 30, 2011. (g) Funds Availability.--Funds apportioned under this section and obligated on or before September 30, 2011, shall be expended on or before July 1, 2012. (h) Oversight.--Three-quarters of 1 percent of the funds available under paragraphs (1) and (2) of subsection (b), and one-half of 1 percent of the funds available under paragraph (3) of subsection (b), shall be provided for administrative expenses and program management oversight, and such funds shall be available through September 30, 2013. | Public Transportation Preservation Act of 2010 - Authorizes the Secretary of Transportation to make emergency grants to states and designated recipients (urbanized areas) for the operating costs of equipment and facilities for use in public transportation projects. Prescribes a formula for the apportionment of grant funds. Requires amounts apportioned to a state or urbanized area, with a specified exception, to be used for operating expenses necessary to restore or prevent a reduction in public transportation service and related workforce reductions, or to rescind all or a portion of a fare increase, that: (1) occurs between January 1, 2009, and September 30, 2011; and (2) is due to decreased state or local funding or farebox revenue. Authorizes a recipient which certifies that it has not had a major reduction in public transportation service, or a fare increase as a result of decreased state or local operating funding, and will be able to avoid such reductions or increases through FY2011 without the funds made available by this Act, to use such funds to replace, rehabilitate, or repair existing transit capital assets used in public transportation. Sets the amount of a grant, at the option of the recipient, at up to 100% of the net cost of a project. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Investing in American Workers Act''. SEC. 2. EMPLOYER-PROVIDED WORKER TRAINING CREDIT. (a) In General.-- (1) Determination of credit.--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. 45T. EMPLOYER-PROVIDED WORKER TRAINING CREDIT. ``(a) In General.--For purposes of section 38, except as provided in subsection (d), the employer-provided worker training credit under this section for the taxable year is an amount equal to 20 percent of the excess (if any) of-- ``(1) the qualified training expenditures for such taxable year, over ``(2) the average of the qualified training expenditures (if any) for the 3 taxable years preceding such taxable year. ``(b) Qualified Training Expenditures.--For purposes of this section-- ``(1) Qualified training expenditures defined.-- ``(A) In general.--The term `qualified training expenditures' means any expenditures by an employer for qualified training for any non-highly compensated employee. ``(B) Exclusions.--The term `qualified training expenditures' shall not include any amounts paid for meals, lodging, transportation, or other services incidental to expenditures described in subparagraph (A). ``(2) Qualified training.-- ``(A) In general.--The term `qualified training' means training which results in the attainment of a recognized postsecondary credential and which is provided pursuant to one of the following: ``(i) An apprenticeship program which is registered under the Act of August 16, 1937 (commonly known as the `National Apprenticeship Act'; 50 Stat. 664, chapter 663), and is in an emerging industry. ``(ii) An apprenticeship program which is registered or approved by a recognized State apprenticeship agency in accordance with section 1 of such Act and which is in an emerging industry. ``(iii) A program of training services listed pursuant to section 122(d) of the Workforce Innovation and Opportunity Act. ``(iv) A program which is conducted by an area career and technical education school, a community college, or a labor organization. ``(v) A program which is sponsored and administered by an employer, industry trade association, industry or sector partnership, or labor organization. ``(B) Emerging industry.--The term `emerging industry' means, for a taxable year, an industry that comprises less than 30 percent of all civilian apprentices registered with the Department of Labor for the fiscal year ending in such taxable year. ``(C) Community college.--The term `community college' means an institution which is a junior or community college as defined in section 312(f) of the Higher Education Act of 1965. ``(D) Labor organization.--The term `labor organization' means a labor organization, within the meaning of the term in section 501(c)(5) of the Internal Revenue Code of 1986. ``(E) Industry trade association.--The term `industry trade association' means an organization which-- ``(i) is described in paragraph (3) or (6) of section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code, and ``(ii) is representing an industry. ``(F) Other terms.--The terms `area career and technical education school', `recognized postsecondary credential', and `industry or sector partnership' have the meanings given such terms, respectively, by section 3 of the Workforce Innovation and Opportunity Act. ``(3) Non-highly compensated employee.--The term `non- highly compensated employee' means, with respect to an employer, an employee whose-- ``(A) compensation (as such term is defined in section 415(c)(3)) from such employer for services provided for the taxable year does not exceed $82,000, and ``(B) rate of compensation, if applied to a full- time employee for a year, would not exceed $82,000. ``(c) Special Rules.-- ``(1) Special rule in case of no qualified training expenditures in any of 3 preceding taxable years.-- ``(A) Taxpayers to which paragraph applies.--The credit under this section shall be determined under this paragraph if the taxpayer has no qualified training expenditures in any one of the 3 taxable years preceding the taxable year for which the credit is being determined. ``(B) Credit rate.--The credit determined under this paragraph shall be equal to 10 percent of the adjusted qualified training expenditures for the taxable year. ``(2) Aggregation and allocation of expenditures, etc.--In determining the amount of the credit under this section, rules similar to the rules of paragraphs (1), (2), (3), (4), and (5) of section 41(f) shall apply. ``(d) Election To Apply Credit Against Payroll Taxes.-- ``(1) In general.--At the election of a qualified small business (as defined in section 41(h)) or a qualified tax- exempt organization (as defined in section 3111(e)(5)(A)) for any taxable year, section 3111(g) shall apply to the payroll tax credit portion of the credit otherwise determined under subsection (a) for the taxable year and such portion shall not be treated (other than for purposes of section 280C) as a credit determined under subsection (a). ``(2) Payroll tax credit portion.--For purposes of this subsection, the payroll tax credit portion of the credit determined under subsection (a) with respect to any taxpayer for any taxable year is the least of-- ``(A) the amount specified in the election made under this subsection, ``(B) the credit determined under subsection (a) for the taxable year (determined before the application of this subsection), or ``(C) in the case of a qualified small business other than a partnership or S corporation, the amount of the business credit carryforward under section 39 carried from the taxable year (determined before the application of this subsection to the taxable year). ``(3) Election.-- ``(A) In general.--Any election under this subsection for any taxable year-- ``(i) shall specify the amount of the credit to which such election applies, ``(ii) shall be made on or before the due date (including extensions) of-- ``(I) in the case of a partnership, the return required to be filed under section 6031, ``(II) in the case of an S corporation, the return required to be filed under section 6037, and ``(III) in the case of any other taxpayer, the return of tax for the taxable year, and ``(iii) may be revoked only with the consent of the Secretary. ``(B) Limitations.-- ``(i) Amount.--The amount specified in any election made under this subsection shall not exceed $250,000. ``(ii) Number of taxable years.--A person may not make an election under this subsection if such person (or any other person treated as a single taxpayer with such person under paragraph (5)(A)) has made an election under this subsection for five or more preceding taxable years. ``(C) Special rule for partnerships and s corporations.--In the case of a partnership or S corporation, the election made under this subsection shall be made at the entity level. ``(4) Aggregation rules.-- ``(A) In general.--Except as provided in subparagraph (B)-- ``(i) all members of the same controlled group of corporations shall be treated as a single taxpayer, and ``(ii) all trades or businesses (whether or not incorporated) which are under common control shall be treated as a single taxpayer. ``(B) Special rules.--For purposes of this subsection and section 3111(g)-- ``(i) each of the persons treated as a single taxpayer under subparagraph (A) may separately make the election under paragraph (1) for any taxable year, and ``(ii) the $250,000 amount under paragraph (4)(B)(i) shall be allocated among all persons treated as a single taxpayer under subparagraph (A) in the same manner as under section 41(f)(1). ``(5) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this subsection, including-- ``(A) regulations to prevent the avoidance of the purposes of the limitations and aggregation rules under this subsection, ``(B) regulations to minimize compliance and recordkeeping burdens under this subsection, and ``(C) regulations for recapturing the benefit of credits determined under section 3111(g) in cases where there is a recapture or a subsequent adjustment to the payroll tax credit portion of the credit determined under subsection (a), including requiring amended income tax returns in the cases where there is such an adjustment.''. (2) Credit part of general business credit.--Section 38(b) of the Internal Revenue Code of 1986 is amended by striking ``plus'' at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(38) the employer-provided worker training credit determined under section 45T(a).''. (3) Coordination with deductions.--Section 280C of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(j) Employer-Provided Worker Training Credit.--No deduction shall be allowed for that portion of the expenses otherwise allowable as a deduction taken into account in determining the credit under section 45T for the taxable year which is equal to the amount of the credit determined for such taxable year under section 45T(a).''. (4) Clerical amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 45T. Employer-provided worker training credit.''. (b) Credit Allowed Against Alternative Minimum Tax.--Subparagraph (B) of section 38(c)(4) of the Internal Revenue Code of 1986 is amended-- (1) by redesignating clauses (x), (xi), and (xii) as clauses (xi), (xii), and (xiii), respectively; and (2) by inserting after clause (ix) the following new clause: ``(x) the credit determined under section 45T with respect to an eligible small business (as defined in paragraph (5)(C), after application of rules similar to the rules of paragraph (5)(D)),''. (c) Payroll Tax Credit.--Section 3111 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(g) Credit for Worker Training Expenses.-- ``(1) In general.--In the case of a taxpayer who has made an election under section 45S(e) for a taxable year, there shall be allowed as a credit against the tax imposed by subsection (a) for the first calendar quarter which begins after the date on which the taxpayer files the return specified in section 45S(e)(4)(A)(ii) an amount equal to the payroll tax credit portion determined under section 45S(e)(2). ``(2) Limitation.--The credit allowed by paragraph (1) shall not exceed the tax imposed by subsection (a) for any calendar quarter on the wages paid with respect to the employment of all individuals in the employ of the employer. ``(3) Carryover of unused credit.--If the amount of the credit under paragraph (1) exceeds the limitation of paragraph (2) for any calendar quarter, such excess shall be carried to the succeeding calendar quarter and allowed as a credit under paragraph (1) for such quarter. ``(4) Deduction allowed for credited amounts.--The credit allowed under paragraph (1) shall not be taken into account for purposes of determining the amount of any deduction allowed under chapter 1 for taxes imposed under subsection (a).''. (d) Simplified Filing for Certain Small Businesses.--The Secretary of the Treasury shall provide for a method of filing returns of tax and information returns required under the Internal Revenue Code of 1986 in a simplified format, to the extent possible, for employers with less than $5,000,000 in annual gross receipts. (e) Regulations Relating to Postsecondary Credentials.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Labor, in consultation with the Secretary of the Treasury, shall issue regulations or other guidance applying the definition of the term ``recognized postsecondary credential'' as provided in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). (f) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. | Investing in American Workers Act This bill amends the Internal Revenue Code to allow a business-related tax credit for employers who increase worker training expenditures. The credit is equal to 20% of the excess of: (1) the qualified training expenditures for the year, over (2) the average of the qualified training expenditures for the three previous years. If the employer had no qualified training expenditures in any one of the three previous years, the credit is equal to 10% of the expenditures for the year. The credit applies to expenditures for the training of non-highly compensated employees (annual compensation does not exceed $82,000). The training must result in the attainment of a recognized postsecondary credential and be provided through: an apprenticeship program in an emerging industry; a program of training services that is included on a list of eligible training providers that states are required to maintain under the Workforce Innovation and Opportunity Act; a program which is conducted by an area career and technical education school, a community college, or a labor organization; or a program which is sponsored and administered by an employer, industry trade association, industry or sector partnership, or labor organization. Certain small businesses and tax-exempt organizations may apply the credit against payroll taxes, subject to specified limits and requirements. Eligible small businesses may also apply the credit against the alternative minimum tax. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``National Environmental Education Amendments Act of 1998''. SEC. 2. OFFICE OF ENVIRONMENTAL EDUCATION. Section 4 of the National Environmental Education Act (20 U.S.C. 5503) is amended-- (1) in subsection (b)-- (A) in paragraph (1) by inserting after ``support'' the following: ``balanced and scientifically sound''; (B) by striking paragraph (6); (C) by redesignating paragraphs (7) through (13) as paragraphs (6) through (12), respectively; and (D) in paragraph (12) (as so redesignated), by inserting before the period the following: ``through the headquarters and the regional offices of the Agency''; and (2) by striking subsection (c) and inserting the following: ``(c) Staff.--The Office of Environmental Education shall-- ``(1) include a headquarters staff of not more than 10 full-time equivalent employees; and ``(2) be supported by 1 full-time equivalent employee in each Agency regional office. ``(d) Activities.--The Administrator may carry out the activities specified in subsection (b) directly or through awards of grants, cooperative agreements, or contracts.''. SEC. 3. ENVIRONMENTAL EDUCATION GRANTS. Section 6 of the National Environmental Education Act (20 U.S.C. 5505) is amended-- (1) in the second sentence of subsection (i), by striking ``25 percent'' and inserting ``15 percent''; and (2) by adding at the end the following: ``(j) Lobbying Activities.--A grant under this section may not be used to support a lobbying activity (as described in the documents issued by the Office of Management and Budget and designated as OMB Circulars No. A-21 and No. A-122). ``(k) Guidance Review.--Before the Administrator issues any guidance to grant applicants, the guidance shall be reviewed and approved by the Science Advisory Board of the Agency.''. SEC. 4. ENVIRONMENTAL INTERNSHIPS AND FELLOWSHIPS. (a) In General.--The National Environmental Education Act is amended-- (1) by striking section 7 (20 U.S.C. 5506); and (2) by redesignating sections 8 through 11 (20 U.S.C. 5507 through 5510) as sections 7 through 10, respectively. (b) Conforming Amendments.--The National Environmental Education Act is amended-- (1) in the table of contents in section 1(b) (20 U.S.C. prec. 5501)-- (A) by striking the item relating to section 7; and (B) by redesignating the items relating to sections 8 through 11 as items relating to sections 7 through 10, respectively; (2) in section 4(b) (20 U.S.C. 5503(b))-- (A) in paragraph (6) (as redesignated by section 2(1)(C)), by striking ``section 8 of this Act'' and inserting ``section 7''; and (B) in paragraph (7) (as so redesignated), by striking ``section 9 of this Act'' and inserting ``section 8''; (3) in section 6(c)(3) (20 U.S.C. 5505(c)(3)), by striking ``section 9(d) of this Act'' and inserting ``section 8(d)''; (4) in the matter preceding subsection (c)(3)(A) of section 9 (as redesignated by subsection (a)(2)), by striking ``section 10(a) of this Act'' and inserting ``subsection (a)''; and (5) in subsection (c)(2) of section 10 (as redesignated by subsection (a)(2)), by striking ``section 10(d) of this Act'' and inserting ``section 9(d)''. SEC. 5. NATIONAL EDUCATION AWARDS. Section 7 of the National Environmental Education Act (as redesignated by section 4(a)(2)) is amended to read as follows: ``SEC. 7. NATIONAL EDUCATION AWARDS. ``The Administrator may provide for awards to be known as the `President's Environmental Youth Awards' to be given to young people in grades kindergarten through 12 for outstanding projects to promote local environmental awareness.''. SEC. 6. ENVIRONMENTAL EDUCATION ADVISORY COUNCIL AND TASK FORCE. Section 8 of the National Environmental Education Act (as redesignated by section 4(a)(2)) is amended-- (1) in subsection (b)(2), by striking the first and second sentences and inserting the following: ``The Advisory Council shall consist of not more than 11 members appointed by the Administrator after consultation with the Secretary. To the extent practicable, the Administrator shall appoint to the Advisory Council at least 1 representative from each of the following sectors: primary and secondary education; colleges and universities; not-for-profit organizations involved in environmental education; State departments of education and natural resources; business and industry; and senior Americans.''; (2) in subsection (c), by striking paragraph (2) and inserting the following: ``(2) Membership.--Membership on the Task Force shall be open to representatives of any Federal agency actively engaged in environmental education.''; and (3) in subsection (d), by striking paragraph (1) and inserting the following: ``(1) Biennial meetings.--The Advisory Council shall hold a biennial meeting on timely issues regarding environmental education and issue a report and recommendations on the proceedings of the meeting.''. SEC. 7. NATIONAL ENVIRONMENTAL LEARNING FOUNDATION. (a) Change in Name.-- (1) In general.--The first sentence of subsection (a)(1)(A) of section 9 of the National Environmental Education Act (as redesignated by section 4(a)(2)) is amended by striking ``National Environmental Education and Training Foundation'' and inserting ``National Environmental Learning Foundation''. (2) Conforming amendments.--The National Environmental Education Act (20 U.S.C. 5501 et seq.) is amended-- (A) in the item relating to section 9 (as redesignated by section 4(b)(1)(B)) of the table of contents in section 1(b) (20 U.S.C. prec. 5501), by striking ``National Environmental Education and Training Foundation'' and inserting ``National Environmental Learning Foundation''; (B) in section 3 (20 U.S.C. 5502)-- (i) by striking paragraph (12) and inserting the following: ``(12) Foundation.--`Foundation' means the National Environmental Learning Foundation'' established by section 9; and''; and (ii) in paragraph (13), by striking ``National Environmental Education and Training Foundation'' and inserting ``National Environmental Learning Foundation''; (C) in the heading of section 9 (as redesignated by section 4(a)(2)), by striking ``national environmental education and training foundation'' and inserting ``national environmental learning foundation''; and (D) in subsection (c) of section 10 (as redesignated by section 4(a)(2)), by striking ``National Environmental Education and Training Foundation'' and inserting ``National Environmental Learning Foundation''. (b) Board of Directors; Number of Directors.--The first sentence of subsection (b)(1)(A) of section 9 of the National Environmental Education Act (as redesignated by section 4(a)(2)) is amended by striking ``13'' and inserting ``19''. (c) Acknowledgment of Donations.--Section 9(d) of the National Environmental Education Act (as redesignated by section 4(a)(2)) is amended by striking paragraph (3) and inserting the following: ``(3) Acknowledgment of donors.--The Foundation may acknowledge receipt of donations by means of a listing of the names of donors in materials distributed by the Foundation, but any such acknowledgment-- ``(A) shall not appear in educational material to be presented to students; and ``(B) shall not identify a donor by means of a logo, letterhead, or other corporate commercial symbol, slogan, or product.''. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. Section 10 of the National Environmental Education Act (as redesignated by section 4(a)(2)) is amended by striking subsections (a) and (b) and inserting the following: ``(a) In General.--There are authorized to be appropriated to the Environmental Protection Agency to carry out this Act $10,000,000 for each of fiscal years 1999 through 2004. ``(b) Limitations.-- ``(1) In general.--Subject to paragraph (2), of the amounts appropriated under subsection (a) for a fiscal year-- ``(A) not more than 25 percent may be used for the activities of the Office of Environmental Education; ``(B) not more than 25 percent may be used for the operation of the environmental education and training program; ``(C) not less than 40 percent shall be used for environmental education grants; and ``(D) 10 percent shall be used for the National Environmental Learning Foundation. ``(2) Administrative expenses.--Of the amounts made available under paragraph (1) for a fiscal year for the activities of the Office of Environmental Education, not more than 25 percent may be used for administrative expenses. ``(c) Expense Report.--As soon as practicable after the end of each fiscal year, the Administrator shall submit to Congress a report stating in detail the items on which funds appropriated for the fiscal year were expended.''. SEC. 9. EFFECTIVE DATE. The amendments made by this Act shall take effect as of the later of-- (1) October 1, 1998; or (2) the date of enactment of this Act. | National Environmental Education Amendments Act of 1998 - Amends the National Environmental Education Act to require that curricula, materials, and training programs developed with support from the Environmental Protection Agency's (EPA) Office of Environmental Education be balanced and scientifically sound. (Sec. 2) Requires that implementation of the Act be through EPA. Eliminates requirements for a Director of the Office and a minimum number of staff. Allows activities to be carried out through grants, cooperative agreements, or contracts. (Sec. 3) Reduces from 25 percent to 15 percent the percentage of funds to be obligated for environmental education grants of not more than $5,000. Prohibits the use of grants for certain lobbying activities. Requires the EPA Science Advisory Board to review and approve any guidance by the EPA Administrator before it is issued to applicants for such grants. (Sec. 4) Repeals the authority for environmental internships and fellowships. (Sec. 5) Eliminates all environmental education awards provided for under such Act, except the President's Environmental Youth Awards. (Sec. 6) Revises requirements for membership on the National Environmental Education Advisory Council. Requires that membership on the Federal Task Force on Environmental Education be open to representatives of any Federal agency actively engaged in environmental education. (Under current law, membership must include specified agency representatives.) Repeals specific requirements for contents of Advisory Council reports. (Sec. 7) Changes the name of the National Environmental Education and Training Foundation to the National Environmental Learning Foundation. Increases the size of the Foundation's Board of the Directors. Repeals the prohibition on the transmission of logos or other means of identification on materials donated to the Foundation for environmental education and training use. Allows acknowledgement of donors, but prohibits such acknowledgement from: (1) appearing in educational material to be presented to students; and (2) identifying a donor by means of a logo, letterhead, or other corporate commercial symbol, slogan, or product. (Sec. 8) Extends through FY 2004 the authorization of appropriations to the EPA for such Act. Revises funding limitations. Limits to 25 percent the amount available for administrative costs. Directs the EPA Administrator to report on expenses annually to the Congress. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Coastal Communities Ocean Acidification Act of 2017''. SEC. 2. COASTAL COMMUNITY VULNERABILITY ASSESSMENT. (a) In General.--Section 12406 of the Federal Ocean Acidification Research And Monitoring Act of 2009 (33 U.S.C. 3705) is amended-- (1) by redesignating subsection (b) as subsection (d); and (2) by inserting after subsection (a) the following: ``(b) Community Vulnerability Assessment.-- ``(1) In general.--The Secretary, through the program established under subsection (a), shall conduct an ocean acidification coastal community vulnerability assessment, and issue a corresponding public report, that shall be updated at least once every 7 years. ``(2) Requirements.--The assessment conducted under paragraph (1) shall-- ``(A) identify the United States coastal communities, including island communities, low- population rural communities, and subsistence communities, that are most dependent on coastal and ocean resources that may be impacted by ocean acidification; ``(B) assess the nature of the social and economic vulnerabilities of those communities; ``(C) identify the ocean acidification impacts that might harm those communities, including impacts from changes in ocean and coastal marine resources that are not managed by the Federal Government; ``(D) identify key knowledge gaps where research could be devoted to better understand the possible impacts of ocean acidification on those communities, the risks and threats facing those communities, and possible adaptation strategies for those communities; and ``(E) be conducted in collaboration with experts, indigenous knowledge groups, and stakeholders who are familiar with the unique economic, social, ecological, geographic, and resource concerns of coastal communities in the United States, including representatives of-- ``(i) the National Marine Fisheries Service and the Office for Coastal Management of the National Oceanic and Atmospheric Administration; ``(ii) Integrated Coastal and Ocean Observing System regional information coordination entities established under section 12304(c)(4) of the Integrated Coastal and Ocean Observation System Act of 2009 (33 U.S.C. 3603(c)(4)); ``(iii) regional ocean acidification networks; and ``(iv) State sea grant programs (as defined in section 203 of the National Sea Grant College Program Act (33 U.S.C. 1122)). ``(c) Support for State and Local Vulnerability Assessments and Strategic Research Planning.--In carrying out the program established under subsection (a), the Secretary shall collaborate with State, local, and tribal government entities that are conducting or have completed vulnerability assessments, strategic research planning, or other similar activities related to ocean acidification and its impacts on coastal communities, for the purpose of-- ``(1) determining whether such activities can be used as a model for other communities; and ``(2) identifying opportunities for the National Oceanic and Atmospheric Administration and other relevant Federal agencies to support such activities.''. (b) Ongoing Input Mechanism.--Section 12404(b)(5) of the Federal Ocean Acidification Research And Monitoring Act of 2009 (33 U.S.C. 3703(b)(5)) is amended by adding at the end before the period the following: ``, also including an ongoing mechanism that allows affected industry members, coastal stakeholders, non-Federal resource managers, regional environmental monitoring programs, indigenous knowledge groups, and scientific experts not employed by the Federal Government to provide input on research, data, and monitoring that is necessary to support on-the-ground management, decisionmaking, and adaptation related to ocean acidification and its impacts''. (c) Strategic Research Plan.--Section 12405 of the Federal Ocean Acidification Research And Monitoring Act of 2009 (33 U.S.C. 3704) is amended-- (1) in subsection (b)-- (A) in paragraph (8), by striking ``and'' after the semicolon; (B) in paragraph (9), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(10) make recommendations for research that should be conducted, including in the social sciences and economics, to address the key knowledge gaps identified in the community vulnerability assessment report conducted under section 12406(b).''; and (2) in subsection (e), by inserting ``, tribal governments, indigenous knowledge groups,'' after ``industry''. (d) Report on Support for State and Local Vulnerability Assessments and Strategic Research Planning.--Not later than 90 days after the date of the enactment of this Act, the Administrator of the National Oceanic and Atmospheric Administration shall submit to Congress a report on the efforts of the National Oceanic and Atmospheric Administration to support State, local, and tribal community vulnerability assessments, strategic research and planning, and monitoring needs, pursuant to section 12406(c) of the Federal Ocean Acidification Research And Monitoring Act of 2009 (as added by subsection (a) of this section). | Coastal Communities Ocean Acidification Act of 2017 This bill amends the Federal Ocean Acidification Research and Monitoring Act of 2009 to require the National Oceanic and Atmospheric Administration (NOAA) to conduct and update at least once every seven years an ocean acidification coastal community vulnerability assessment with a corresponding public report. The assessment must identify: (1) U.S. coastal communities that are most dependent on coastal and ocean resources that may be impacted by ocean acidification; (2) the nature of those communities' social and economic vulnerabilities; (3) impacts from changes in ocean and coastal marine resources that are not managed by the federal government; and (4) key knowledge gaps where research could be devoted to better understand the possible ocean acidification impacts, risks, threats, and possible adaptation strategies for the communities. In carrying out the ocean acidification coastal community vulnerability assessment, NOAA must collaborate with state, local, and tribal government entities that are conducting or have completed vulnerability assessments, strategic research planning, or other similar activities related to ocean acidification and its impacts on coastal communities. NOAA's ocean acidification program is expanded to include an ongoing mechanism that allows affected industry members, coastal stakeholders, non-federal resource managers, regional environmental monitoring programs, indigenous knowledge groups, and outside scientific experts not employed by the federal government to provide input on research, data, and monitoring necessary to support on-the-ground management, decision making, and adaptation related to ocean acidification and its impacts. The strategic plan for ocean acidification research and monitoring developed by the Joint Subcommittee on Ocean Science and Technology of the National Science and Technology Council must make recommendations for research to address the key knowledge gaps identified in the community vulnerability assessment report. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``FHA-Insured Hospital Conversion and Re-Utilization Act''. SEC. 2. GRANTS FOR FHA-INSURED HOSPITALS. Section 242 of the National Housing Act (12 U.S.C. 1715z-7) is amended by adding at the end the following new subsections: ``(i) Grants for Hospital Conversion and Re-Utilization.-- ``(1) In general.--To the extent amounts are made available for grants under this subsection, the Secretary may make grants in accordance with this subsection to owners of eligible hospitals under paragraph (3) for use only for carrying out activities designed to convert hospitals (or portions thereof) to facilities described in paragraph (4). ``(2) Form and use of grants.--Grants under this subsection may be made only in the following forms for the following uses: ``(A) Capital grants.--In the form of a capital grant for use only for the capital costs of conversion activities. ``(B) Interest subsidies.--In the form of periodic payments of interest subsidies in connection with any loan made to finance such conversion activities. ``(3) Eligible hospitals.--An eligible hospital under this paragraph is a hospital that-- ``(A) is subject to a mortgage that is insured under this section; ``(B)(i) is located in an area that the Secretary determines has excess hospital capacity; or ``(ii) would, in the determination of the Secretary, improve its financial soundness as a result of the proposed conversion and re-utilization activities; and ``(C) has submitted an application to the Secretary for a grant under this subsection, which has been approved by the Secretary. ``(4) Eligible health care facilities.--The Secretary shall determine, for purposes of this subsection, the types of facilities providing health care and supportive housing for elderly persons and families to which hospitals (or portions thereof) may be converted using grant amounts under this subsection. Such facilities shall include assisted living facilities, nursing homes, supportive housing for the elderly, and any other facilities that the Secretary considers appropriate. ``(5) Applications.--The Secretary shall provide for owners of eligible hospitals under paragraph (3) to submit to the Secretary applications for grants under this subsection in such form and in accordance with such procedures as the Secretary shall provide. An application shall contain-- ``(A) a description of the proposed conversion activities for which a grant under this subsection is requested and the type of facility to be established by such activities; ``(B) a statement of the amount of the grant requested for such conversion activities; ``(C) a description of the resources that are expected to be made available, if any, in conjunction with the grant under this subsection; and ``(D) such other information or certifications that the Secretary determines to be necessary or appropriate. ``(6) Selection criteria.--The Secretary shall select applications for grants under this subsection based upon selection criteria, which shall be established by the Secretary and shall include-- ``(A) the extent to which the conversion is likely to meet health care and supportive housing needs in the local community in which the hospital (or portion thereof) to be converted is located; ``(B) the inability of the applicant to fund the conversion activities from existing financial resources, as evidenced by the applicant's financial records; ``(C) the extent to which the applicant has evidenced community support for the conversion, by such indicators as letters of support from the local community for the conversion and financial contributions from public and private sources; ``(D) the capability of the applicant of providing for the sound operation of the proposed facility; and ``(E) such other criteria as the Secretary determines to be appropriate to ensure that amounts made available for grants under this subsection are used effectively. ``(7) Treatment of mortgage insurance.--Notwithstanding any provision of this section or of any contract for mortgage insurance provided pursuant to this section, an eligible hospital (or a portion thereof) under paragraph (3) that is subject to a mortgage insured pursuant to this section may be converted using grant amounts under this subsection. The Secretary shall provide for the uninterrupted continuation of the mortgage insurance coverage for the hospital that is subject to the conversion activities for the duration of the original term of the mortgage insurance contract. ``(8) Definitions.--For the purposes of this subsection: ``(A) Assisted living facility; nursing home.--The terms `assisted living facility' and `nursing home' have the meanings given such terms in section 232(b) (12 U.S.C. 1715w(b)). ``(B) Others.--The definitions in section 202(k) of the Housing Act of 1959 (12 U.S.C. 1701q(k)) shall apply. ``(9) Funding.--Amounts shall be available for grants under this subsection as provided in sections 519(g) and 205(i). ``(j) Grants for Hospital Debt Service Assistance.-- ``(1) In general.--To the extent amounts are made available for grants under this subsection, the Secretary may make grants in accordance with this subsection to owners of eligible hospitals under paragraph (2) for use only to assist in paying debt service on debt insured under this section. Grants under this section shall be made only in the form of periodic payments of interest subsidies. ``(2) Eligible hospitals.--An eligible hospital under this paragraph is a hospital that-- ``(A) is subject to a mortgage that is insured under this section; ``(B) in the determination of the Secretary, is in a distressed financial condition; and ``(C) has submitted an application to the Secretary for a grant under this subsection, as the Secretary shall require, which has been approved by the Secretary. ``(3) Funding.--Amounts shall be available for grants under this subsection as provided in sections 519(g) and 205(i).''. SEC. 3. FUNDING OF GRANTS FROM GENERAL INSURANCE FUND SURPLUS. Section 519 of the National Housing Act (12 U.S.C. 1735c) is amended by adding at the end the following new subsection: ``(g) Availability of Amounts for Hospital Conversion Grants.-- ``(1) In general.--The amount of any negative credit subsidy that is determined for any fiscal year, for purposes of title V of the Congressional Budget Act of 1974 (2 U.S.C. 661 et seq.), and is attributable to the programs referred to in paragraph (2) shall be considered to be new budget authority and shall be available, without fiscal year limitation, for grants under subsections (i) and (j) of section 242. ``(2) Covered programs.--The programs referred to in this paragraph are the programs under this Act for insurance of mortgages and loans that, on page 515 of the Appendix to the Budget of the United States Government, Fiscal Year 2001 (H. Doc. 106-162, Vol. II), in the table entitled `Summary of Loan Levels, Subsidy Budget Authority and Outlays by Program', are classified under budget account number 86-0200-0-1-371 and are referred to as `FHA Full Insurance for Health Care Facilities (plus 241/232)', `Health Care Refinances', and `Hospitals'.''. SEC. 4. FUNDING OF GRANTS FROM MUTUAL MORTGAGE INSURANCE FUND SURPLUS. Section 205 of the National Housing Act (12 U.S.C. 1711) is amended-- (1) in subsection (e), by inserting ``or for use for grants pursuant to subsection (i)'' before the comma; (2) in subsection (h)(1), by inserting ``may not make grants pursuant to subsection (i),'' after the 4th comma; and (2) by adding at the end the following new subsection: ``(i) Availability of Surplus Amounts for Hospital Conversion Grants.--Any amounts in the Mutual Mortgage Insurance Fund that are determined by the Secretary to be surplus to the amount required to meet the operational goals under subsection (h)(2) shall be available, without fiscal year limitation, for grants under subsections (i) and (j) section 242.''. | Funds such grants from general insurance fund and mutual mortgage insurance fund surpluses. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Ocean and Coastal Observation System Act of 2005''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) Ocean and coastal observations provide vital information for protecting human lives and property from marine hazards, predicting weather, improving ocean health and providing for the protection and enjoyment of the resources of the Nation's coasts, oceans, and Great Lakes. (2) The continuing and potentially devastating threat posed by tsunamis, hurricanes, storm surges, and other marine hazards requires immediate implementation of strengthened observation and data management systems to provide timely detection, assessment, and warnings to the millions of people living in coastal regions of the United States and throughout the world. (3) The 95,000-mile coastline of the United States, including the Great Lakes, is vital to the Nation's prosperity, contributing over $117 billion to the national economy in 2000, supporting jobs for more than 200 million Americans, and supporting commercial and sport fisheries valued at more than $50 billion annually. (4) Responding to coastal hazards and managing fisheries and other coastal activities require improved monitoring of the Nation's waters and coastline, including the ability to provide rapid response teams with real-time environmental conditions necessary for their work. (5) While knowledge of the ocean and coastal environment and processes is far from complete, advances in sensing technologies and scientific understanding have made possible long-term and continuous observation from shore, from space, and in situ of ocean and coastal characteristics and conditions. (6) Many elements of an ocean and coastal observing system are in place, but require national investment, consolidation, completion, and integration at Federal, regional, State, and local levels. (7) The Commission on Ocean Policy recommends a national commitment to a sustained and integrated ocean and coastal observing system and to coordinated research programs in order to assist the Nation and the world in understanding the oceans, improving weather forecasts, strengthening management of ocean and coastal resources, and mitigating marine hazards. (8) In 2003, the United States led more than 50 nations in affirming the vital importance of timely, quality, long-term global observations as a basis for sound decision-making, recognizing the contribution of observation systems to meet national, regional, and global needs, and calling for strengthened cooperation and coordination in establishing a Global Earth Observation System of Systems, of which an integrated ocean and coastal observing system is an essential part. (b) Purposes.--The purposes of this Act are to provide for-- (1) the planning, development, and maintenance of an integrated ocean and coastal observing system that provides the data and information to sustain and restore healthy marine and Great Lakes ecosystems and the resources they support, enable advances in scientific understanding of the oceans and the Great Lakes, and strengthen science education and communication; (2) implementation of research, development, education, and outreach programs to improve understanding of the oceans and Great Lakes and achieve the full national benefits of an integrated ocean and coastal observing system; (3) implementation of a data and information management system required by all components of an integrated ocean and coastal observing system and related research to develop early warning systems and insure usefulness of data and information for users; and (4) establishment of a system of regional ocean, coastal, and Great Lakes observing systems to address local needs for ocean information. SEC. 3. DEFINITIONS. In this Act: (1) Council.--The term ``Council'' means the National Ocean Research Leadership Council. (2) Observing system.--The term ``observing system'' means the integrated coastal, ocean and Great Lakes observing system to be established by the Committee under section 4(a). (3) Interagency program office.--The term ``interagency program office'' means the office established under section 4(d). SEC. 4. INTEGRATED OCEAN AND COASTAL OBSERVING SYSTEM. (a) Establishment.--The President, acting through the Council, shall establish and maintain an integrated system of ocean and coastal observations, data communication and management, analysis, modeling, research, education, and outreach designed to provide data and information for the timely detection and prediction of changes occurring in the ocean, coastal and Great Lakes environment that impact the Nation's social, economic, and ecological systems. The observing system shall provide for long-term, continuous and quality-controlled observations of the coasts, oceans, and Great Lakes for the following purposes: (1) Improving the health of the Nation's coasts, oceans, and Great Lakes. (2) Protecting human lives and livelihoods from hazards such as tsunamis, hurricanes, coastal erosion, and fluctuating Great Lakes water levels. (3) Understanding the effects of human activities and natural variability on the state of the coasts, oceans, and Great Lakes and the Nation's socioeconomic well-being. (4) Providing for the sustainable use, protection, and enjoyment of ocean, coastal, and Great Lakes resources. (5) Providing information that can support the eventual implementation and refinement of ecosystem-based management. (6) Supplying critical information to marine-related businesses such as aquaculture and fisheries. (7) Supporting research and development to ensure continuous improvement to ocean, coastal, and Great Lakes observation measurements and to enhance understanding of the Nation's ocean, coastal, and Great Lakes resources. (b) System Elements.--In order to fulfill the purposes of this Act, the observing system shall consist of the following program elements: (1) A national program to fulfill national observation priorities, including the Nation's ocean contribution to the Global Earth Observation System of Systems and the Global Ocean Observing System. (2) A network of regional associations to manage the regional ocean and coastal observing and information programs that collect, measure, and disseminate data and information products to meet regional needs. (3) A data management and dissemination system for the timely integration and dissemination of data and information products from the national and regional systems. (4) A research and development program conducted under the guidance of the Council. (5) An outreach, education, and training program that augments existing programs, such as the National Sea Grant College Program, the Centers for Ocean Sciences Education Excellence program, and the National Estuarine Research Reserve System, to ensure the use of the data and information for improving public education and awareness of the Nation's oceans and building the technical expertise required to operate and improve the observing system. (c) Council Functions.--In carrying out responsibilities under this section, the Council shall-- (1) serve as the oversight body for the design and implementation of all aspects of the observing system; (2) adopt plans, budgets, and standards that are developed and maintained by the interagency program office in consultation with the regional associations; (3) coordinate the observing system with other earth observing activities including the Global Ocean Observing System and the Global Earth Observing System of Systems; (4) coordinate and administer programs of research, development, education, and outreach to support improvements to and the operation of an integrated ocean and coastal observing system and to advance the understanding of the oceans; (5) establish pilot projects to develop technology and methods for advancing the development of the observing system; (6) provide, as appropriate, support for and representation on United States delegations to international meetings on ocean and coastal observing programs; and (7) in consultation with the Secretary of State, coordinate relevant Federal activities with those of other nations. (d) Interagency Program Office.--The Council shall establish an interagency program office to be known as ``OceanUS''. The interagency program office shall be responsible for program planning and coordination of the observing system. The interagency program office shall-- (1) prepare annual and long-term plans for consideration by the Council for the design and implementation of the observing system that promote collaboration among Federal agencies and regional associations in developing the global and national observing systems, including identification and refinement of a core set of variables to be measured by all systems; (2) coordinate the development of agency priorities and budgets for implementation of the observing system, including budgets for the regional associations; (3) establish and refine standards and protocols for data management and communications, including quality standards, in consultation with participating Federal agencies and regional associations; (4) develop a process for the certification of the regional associations and their periodic review and recertification; (5) establish an external technical committee to provide biennial review of the observing system; and (6) provide for opportunities to partner or contract with private sector companies in deploying ocean observation system elements. (e) Lead Federal Agency.--The National Oceanic and Atmospheric Administration shall be the lead Federal agency for implementation and operation of the observing system. Based on the plans prepared by the interagency program office and adopted by the Council, the Administrator of the National Oceanic and Atmospheric Administration shall-- (1) coordinate implementation, operation and improvement of the observing system; (2) establish efficient and effective administrative procedures for allocation of funds among Federal agencies and regional associations in a timely manner and according to the budget adopted by the Council; (3) implement and maintain appropriate elements of the observing system; (4) provide for the migration of scientific and technological advances from research and development to operational deployment; (5) integrate and extend existing programs and pilot projects into the operational observation system; (6) certify regional associations that meet the requirements of subsection (f); and (7) integrate the capabilities of the National Coastal Data Development Center and the Coastal Services Center of the National Oceanic and Atmospheric Administration, and other appropriate centers, into the observing system for the purpose of assimilating, managing, disseminating, and archiving data from regional observation systems and other observation systems. (f) Regional Associations of Ocean and Coastal Observing Systems.--The Administrator of the National Oceanic and Atmospheric Administration may certify one or more regional associations to be responsible for the development and operation of regional ocean and coastal observing systems to meet the information needs of user groups in the region while adhering to national standards. To be certifiable by the Administrator, a regional association shall-- (1) demonstrate an organizational structure capable of supporting and integrating all aspects of ocean and coastal observing and information programs within a region; (2) operate under a strategic operations and business plan that details the operation and support of regional ocean and coastal observing systems pursuant to the standards established by the Council; (3) provide information products for multiple users in the region; (4) work with governmental entities and programs at all levels within the region to provide timely warnings and outreach to protect the public; and (5) meet certification standards developed by the interagency program office in conjunction with the regional associations and approved by the Council. Nothing in this Act authorizes a regional association to engage in lobbying activities (as defined in section 3(7) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602(7)). (g) Civil Liability.--For purposes of section 1346(b)(1) and chapter 171 of title 28, United States Code, the Suits in Admiralty Act (46 U.S.C. App. 741 et seq.), and the Public Vessels Act (46 U.S.C. App. 781 et seq.), any regional ocean and coastal observing system that is a designated part of a regional association certified under this section shall, in carrying out the purposes of this Act, be deemed to be part of the National Oceanic and Atmospheric Administration, and any employee of such system, while acting within the scope of his or her employment in carrying out such purposes, shall be deemed to be an employee of the Government. SEC. 5. RESEARCH, DEVELOPMENT, AND EDUCATION. The Council shall establish programs for research, development, education, and outreach for the ocean and coastal observing system, including projects under the National Oceanographic Partnership Program, consisting of the following: (1) Basic research to advance knowledge of ocean and coastal systems and ensure continued improvement of operational products, including related infrastructure and observing technology. (2) Focused research projects to improve understanding of the relationship between the coasts and oceans and human activities. (3) Large scale computing resources and research to advance modeling of ocean and coastal processes. (4) A coordinated effort to build public education and awareness of the ocean and coastal environment and functions that integrates ongoing activities such as the National Sea Grant College Program, the Centers for Ocean Sciences Education Excellence, and the National Estuarine Research Reserve System. SEC. 6. INTERAGENCY FINANCING. The departments and agencies represented on the Council are authorized to participate in interagency financing and share, transfer, receive, obligate, and expend funds appropriated to any member of the Council for the purposes of carrying out any administrative or programmatic project or activity under this Act or under the National Oceanographic Partnership Program, including support for the interagency program office, a common infrastructure, and system integration for a ocean and coastal observing system. Funds may be transferred among such departments and agencies through an appropriate instrument that specifies the goods, services, or space being acquired from another Council member and the costs of the same. SEC. 7. APPLICATION WITH OUTER CONTINENTAL SHELF LANDS ACT. Nothing in this Act supersedes, or limits the authority of the Secretary of the Interior under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.). SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the National Oceanic and Atmospheric Administration for the implementation of an integrated ocean and coastal observing system under section 4, and the research and development program under section 5, including financial assistance to the interagency program office, the regional associations for the implementation of regional ocean and coastal observing systems, and the departments and agencies represented on the Council, $150,000,000 for each of fiscal years 2006 through 2010. At least 50 percent of the sums appropriated for the implementation of the integrated ocean and coastal observing system under section 4 shall be allocated to the regional associations certified under section 4(f) for implementation of regional ocean and coastal observing systems. Sums appropriated pursuant to this section shall remain available until expended. SEC. 9. REPORTING REQUIREMENT. Not later than March 31, 2010, the President, acting through the Council, shall transmit to Congress a report on the programs established under sections 4 and 5. The report shall include a description of activities carried out under the programs, an evaluation of the effectiveness of the programs, and recommendations concerning reauthorization of the programs and funding levels for the programs in succeeding fiscal years. Passed the Senate July 1, 2005. Attest: EMILY J. REYNOLDS, Secretary. | Ocean and Coastal Observation System Act of 2005 - (Sec. 4) Directs the President, acting through the National Ocean Research Leadership Council, to establish and maintain an integrated system of ocean and coastal observations, data communication and management, analysis, modeling, research, education, and outreach designed to provide data and information for the timely detection and prediction of changes occurring in the ocean and coastal environment that impact the Nation's social, economic, and ecological systems. Requires the system to provide for long-term, continuous, and quality-controlled observations of the coasts, oceans, and Great Lakes. Requires the Council to establish an interagency program office (OceanUS) responsible for program planning and coordination of the system. Requires OceanUS, among other duties, to provide for opportunities to partner or contract with private sector companies in deploying ocean observation system elements. Requires the National Oceanic and Atmospheric Administration (NOAA) to be the lead Federal agency for implementation and operation of the system. Requires NOAA, among other duties, to integrate the capabilities of the National Coastal Data Development Center and the Coastal Services Center, and other appropriate centers, into the observing system for the purpose of assimilating, managing, disseminating, and archiving data from regional and other observation systems. Authorizes the Administrator of NOAA to certify one or more regional associations to be responsible for the development and operation of regional ocean and coastal observing systems to meet the information needs of user groups in the region while adhering to national standards. Deems certified regional systems to be part of NOAA when carrying out this Act, and employees of such systems acting within the scope of their employment to be federal government employees, for purposes of civil liability under specified laws. (Sec. 5) Directs the Council to establish programs for research, development, and education for the system. (Sec. 6) Authorizes departments and agencies represented on the Council to participate in interagency financing and to share funds appropriated to any Council member. (Sec. 7) Declares that nothing in this Act supersedes, or limits the authority of the Secretary of the Interior under the Outer Continental Shelf Lands Act. (Sec. 8) Authorizes appropriations to NOAA for FY2006-FY2010 for implementation of the integrated ocean and coastal observing system and the research and development program required by this Act. Requires the allocation of 50 percent of appropriations for the observing system to certified regional associations for regional systems. (Sec. 9) Requires the President, acting through the Council, to report to Congress on the programs established under this Act. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Trusted, Reliable, Unquestioned Method of Procedure for Special Counsel Appointment, Limitations, and Powers Act of 2017'' or the ``TRUMP Special Counsel Act''. SEC. 2. GROUNDS FOR APPOINTING A SPECIAL COUNSEL. (a) In General.--The Attorney General shall appoint a Special Counsel when the Attorney General determines that-- (1) criminal investigation of a person or matter is warranted; (2) that investigation or prosecution of that person or matter by a United States Attorney's Office or litigating Division of the Department of Justice would present a conflict of interest for the Department or other extraordinary circumstances; and (3) under the circumstances, it would be in the public interest to appoint an outside Special Counsel to assume responsibility for the matter. (b) Extraordinary Circumstances.--For the purposes of subsection (a) extraordinary circumstances exist in any criminal investigation-- (1) of the President, Vice President, their spouses or children, or any organization, enterprise, or entity owned by, under the control of, or serving the interests of the President or Vice President; or (2) which involves the activities of agents or entities under the control of or allied with a foreign state acting in concert with agents, organizations or entities associated with the President or the Vice President. SEC. 3. ALTERNATIVES AVAILABLE TO THE ATTORNEY GENERAL. (a) In General.--When matters are brought to the attention of the Attorney General that might warrant consideration of appointment of a Special Counsel, the Attorney General may-- (1) appoint a Special Counsel; (2) direct that an initial investigation, consisting of such factual inquiry or legal research as the Attorney General deems appropriate, be conducted in order to better inform the decision; or (3) conclude that under the circumstances of the matter, the public interest would not be served by removing the investigation from the normal processes of the Department, and that the appropriate component of the Department should handle the matter. (b) Mitigation of Conflicts of Interest.--If the Attorney General reaches the conclusion described in subsection (a)(3), the Attorney General may direct that appropriate steps be taken to mitigate any conflicts of interest, such as recusal of particular officials. SEC. 4. QUALIFICATIONS OF THE SPECIAL COUNSEL. (a) In General.--An individual named as Special Counsel shall be a lawyer with a reputation for integrity and impartial decisionmaking, and with appropriate experience to ensure both that the investigation will be conducted ably, expeditiously and thoroughly, and that investigative and prosecutorial decisions will be supported by an informed understanding of the criminal law and Department of Justice policies. The Special Counsel shall be selected from outside the United States Government. Special Counsels shall agree that their responsibilities as Special Counsel shall take first precedence in their professional lives, and that it may be necessary to devote their full time to the investigation, depending on its complexity and the stage of the investigation. (b) Method of Appointment; Background Investigation.--The Attorney General shall consult with the Assistant Attorney General for Administration to ensure an appropriate method of appointment, and to ensure that a Special Counsel undergoes an appropriate background investigation and a detailed review of ethics and conflicts of interest issues. A Special Counsel shall be appointed as a ``confidential employee'' as defined in section 7511(b)(2)(C) of title 5, United States Code. SEC. 5. JURISDICTION. (a) Original Jurisdiction.--The jurisdiction of a Special Counsel shall be established by the Attorney General. The Attorney General shall provide to the Special Counsel a specific factual statement of the matter to be investigated. The jurisdiction of a Special Counsel shall also include the authority to investigate and prosecute Federal crimes committed in the course of, and with intent to interfere with, the Special Counsel's investigation, such as perjury, obstruction of justice, destruction of evidence, and intimidation of witnesses; and to conduct appeals arising out of any matter being investigated or prosecuted. (b) Additional Jurisdiction.--If in the course of an investigation the Special Counsel concludes that additional jurisdiction beyond that specified in the original jurisdiction is necessary in order to fully investigate and resolve the matters assigned, or to investigate new matters that come to light in the course of the investigation, the Special Counsel shall consult with the Attorney General, who will determine whether to include the additional matters within the Special Counsel's jurisdiction or assign them elsewhere. (c) Civil and Administrative Jurisdiction.--If in the course of an investigation the Special Counsel determines that administrative remedies, civil sanctions or other governmental action outside the criminal justice system might be appropriate, the Special Counsel shall consult with the Attorney General with respect to the appropriate component to take any necessary action. A Special Counsel shall not have civil or administrative authority unless specifically granted such jurisdiction by the Attorney General. SEC. 6. STAFF. A Special Counsel may request the assignment of appropriate Department employees to assist the Special Counsel. The Department shall gather and provide the Special Counsel with the names and resumes of appropriate personnel available for detail. The Special Counsel may also request the detail of specific employees, and the office for which the designated employee works shall make reasonable efforts to accommodate the request. The Special Counsel shall assign the duties and supervise the work of such employees while they are assigned to the Special Counsel. If necessary, the Special Counsel may request that additional personnel be hired or assigned from outside the Department. All personnel in the Department shall cooperate to the fullest extent possible with the Special Counsel. SEC. 7. POWERS AND AUTHORITY. Subject to the limitations in section 8, the Special Counsel shall exercise, within the scope of the Special Counsel's jurisdiction, the full power and independent authority to exercise all investigative and prosecutorial functions of any United States Attorney. Except as provided in this part, the Special Counsel shall determine whether and to what extent to inform or consult with the Attorney General or others within the Department about the conduct of the Special Counsel's duties and responsibilities. SEC. 8. CONDUCT AND ACCOUNTABILITY. (a) Rules of the Department of Justice.--A Special Counsel shall comply with the rules, regulations, procedures, practices and policies of the Department of Justice. The Special Counsel shall consult with appropriate offices within the Department for guidance with respect to established practices, policies and procedures of the Department, including ethics and security regulations and procedures. Should the Special Counsel conclude that the extraordinary circumstances of any particular decision would render compliance with required review and approval procedures by the designated Departmental component inappropriate, the Special Counsel may consult directly with the Attorney General. (b) Supervision by Officials of Department of Justice.--The Special Counsel shall not be subject to the day-to-day supervision of any official of the Department. However, the Attorney General may request that the Special Counsel provide an explanation for any investigative or prosecutorial step, and may after review conclude that the action is so inappropriate or unwarranted under established Departmental practices that it should not be pursued. In conducting that review, the Attorney General will give great weight to the views of the Special Counsel. If the Attorney General concludes that a proposed action by a Special Counsel should not be pursued, the Attorney General shall notify Congress as specified in section 11(a)(3). (c) Ethical Duties.--The Special Counsel and staff shall be subject to disciplinary action for misconduct and breach of ethical duties under the same standards and to the same extent as are other employees of the Department of Justice. Inquiries into such matters shall be handled through the appropriate office of the Department upon the approval of the Attorney General. (d) Discipline and Removal.--The Special Counsel may be disciplined or removed from office only by the personal action of the Attorney General. The Attorney General may remove a Special Counsel for misconduct, dereliction of duty, incapacity, conflict of interest, or for other good cause, including violation of Departmental policies. The Attorney General shall inform the Special Counsel in writing of the specific reason for the removal. SEC. 9. NOTIFICATION AND REPORTS BY THE SPECIAL COUNSEL. (a) Budget.-- (1) A Special Counsel shall be provided all appropriate resources by the Department of Justice. Within the first 60 days of appointment, the Special Counsel shall develop a proposed budget for the current fiscal year with the assistance of the Justice Management Division for the Attorney General's review and approval. Based on the proposal, the Attorney General shall establish a budget for the operations of the Special Counsel. The budget shall include a request for assignment of personnel, with a description of the qualifications needed. (2) Thereafter, 90 days before the beginning of each fiscal year, the Special Counsel shall report to the Attorney General the status of the investigation, and provide a budget request for the following year. The Attorney General shall determine whether the investigation should continue and, if so, establish the budget for the next year. (b) Notification of Significant Events.--The Special Counsel shall notify the Attorney General of events in the course of the investigation in conformity with the Departmental guidelines with respect to Urgent Reports. (c) Closing Documentation.--At the conclusion of the Special Counsel's work, the Special Counsel shall provide the Attorney General with a confidential report explaining the prosecution or declination decisions reached by the Special Counsel. SEC. 10. NOTIFICATION AND REPORTS BY THE ATTORNEY GENERAL. (a) Notification.--The Attorney General shall notify the Chairman and Ranking Minority Member of the Judiciary Committees of each House of Congress, with an explanation for each action-- (1) upon appointing a Special Counsel; (2) upon removing any Special Counsel; and (3) upon conclusion of the Special Counsel's investigation, including, to the extent consistent with applicable law, a description and explanation of instances (if any) in which the Attorney General concluded that a proposed action by a Special Counsel was so inappropriate or unwarranted under established Departmental practices that it should not be pursued. (b) Delay of Notification.--The notification requirement in subsection (a)(1) of this section may be tolled by the Attorney General upon a finding that legitimate investigative or privacy concerns require confidentiality. At such time as confidentiality is no longer needed, the notification shall be provided. (c) Public Release.--The Attorney General may determine that public release of these reports would be in the public interest, to the extent that release would comply with applicable legal restrictions. All other releases of information by any Department of Justice employee, including the Special Counsel and staff, concerning matters handled by Special Counsels shall be governed by the generally applicable Departmental guidelines concerning public comment with respect to any criminal investigation, and relevant law. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this Act $100,000,000 for each of the fiscal years 2017 through 2021. (b) Availability.--Funds appropriated under subsection (a) shall remain available until expended. | Trusted, Reliable, Unquestioned Method of Procedure for Special Counsel Appointment, Limitations, and Powers Act of 2017 or the TRUMP Special Counsel Act This bill requires the Attorney General to appoint a special counsel when the Attorney General determines that the investigation or prosecution of a person or matter would present a conflict of interest for the Department of Justice (DOJ) or other extraordinary circumstances exist. Extraordinary circumstances exist in any criminal investigation of the President, Vice President, and their spouses or children, or which involves the activities of agents or entities under the control of a foreign state acting in concert with agents associated with the President or Vice President. The jurisdiction of a special counsel is established by the Attorney General, who shall include a specific factual statement of the matter to be investigated. The special counsel's jurisdiction also includes the authority to investigate and prosecute federal crimes committed with the intent to interfere with the investigation. A special counsel may request the assignment of appropriate DOJ employees to assist him or her. If necessary, the special counsel may request that additional personnel be hired or assigned from outside DOJ. The special counsel shall exercise, within the scope of his or her jurisdiction, the full power and independent authority to exercise all investigative and prosecutorial functions of any U.S. Attorney. The special counsel and staff shall be subject to disciplinary action for misconduct under the same standards as other employees of DOJ. At the conclusion of the special counsel's work, the special counsel must provide the Attorney General with a confidential report explaining prosecution or declination decisions. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Worker Infection Protection Act''. SEC. 2. PROTECTING WORKERS FROM INFECTIONS. (a) In General.--The Secretary of Labor and the Secretary of Health and Human Services shall jointly develop and issue workplace standards, recommendations, and plans to protect health care workers and first responders, including police, firefighters, emergency medical personnel, and other workers at risk of workplace exposure to infectious agents and drug resistant infections, such as Methicillin- resistant Staphylococcus aureus (referred to in this Act as ``MRSA'') and pandemic influenza. (b) Workplace Safety and Health Standards.-- (1) Temporary standard.--Not later than 6 months after the date of the enactment of this Act, the Secretary of Labor, in consultation with the Director of the National Institute for Occupational Safety and Health, pursuant to section 6(c) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655(c)), shall develop and issue an emergency temporary standard for the protection of health care workers and first responders and other workers at risk of exposure, to prevent occupational exposure to infectious agents and toxins, such as MRSA and pandemic influenza. (2) Permanent standard.--Not later than 6 months after the issuance of the emergency temporary standard under paragraph (1), the Secretary of Labor shall issue a final permanent standard for occupational exposure to infectious agents and toxins, including MRSA and pandemic influenza, under section 6(b) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655(B)). (3) Requirements.--The emergency temporary standard and final permanent standard under paragraphs (1) and (2) shall, at a minimum, provide for the following: (A) The development and implementation of an exposure control plan to protect workers from airborne and contact hazards in accordance with the Guideline for Protecting Workers Against Avian Flu issued by the Occupational Safety and Health Administration (March 2004), the Centers for Disease Control and Prevention Interim Recommendations for Infection Control in Health Care Facilities Caring for Patients with Known or Suspected Avian Influenza (issued May 21, 2004), and the World Health Organization (WHO) Global Influenza Preparedness Plan (issued April 2005). (B) Personal protective equipment, in accordance with the requirements of sections 1910.134 and 1910.132 of title 29, Code of Federal Regulations. (C) Training and information in accordance with the Occupational Safety and Health Administration Bloodborne Pathogens standard under section 1910.1030(g) of title 29, Code of Federal Regulations. (D) Appropriate medical surveillance for workers exposed to infections agents, including MRSA or pandemic influenza. (E) Immunization against the pandemic influenza virus, if such a vaccine has been approved by the Food and Drug Administration and is available. (4) Effective date.--The temporary emergency standard issued under paragraph (1) shall take effect not later than 90 days after the promulgation of such standard, except that the effective date for any requirements for engineering controls shall go into effect not later than 90 days after the promulgation of the permanent standard under paragraph (2). The provisions of the emergency temporary standard under paragraph (1) shall remain in effect until the permanent standard takes effect under paragraph (2). (c) Pandemic Influenza Preparedness Plan Revisions.-- (1) Minimal requirements.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall revise the provisions of the pandemic influenza plan of the Department of Health and Human Services to conform with the minimal worker protection requirements described in subsection (b)(3). (2) Final standards.--Not later than 30 days after the promulgation of a permanent standard under subsection (b)(2), the Secretary of Health and Human Services shall modify the pandemic influenza plan of the Department of Health and Human Services to conform with the provisions of the occupational safety and health standard issued by the Secretary of Labor under such subsection. | Worker Infection Protection Act - Directs the Secretaries of Labor and of Health and Human Services (HHS) to jointly develop and issue workplace standards, recommendations, and plans to protect health care workers and first responders and other workers at risk of workplace exposure to infectious agents and drug resistant infections, such as Methicillin-resistant Staphylococcus aureus (MRSA) and pandemic influenza. Directs the Secretary of Labor to develop and issue an emergency temporary standard and, not later than six months after such issuance, a permanent standard for the protection of workers at risk of exposure, to prevent occupational exposure to infectious agents and toxins, such as MRSA and pandemic influenza. Sets forth minimum requirements for such standards concerning: (1) influenza exposure; (2) personal protective equipment; (3) training and information; (4) medical surveillance for exposed workers; and (5) immunization against the pandemic influenza virus, if such a vaccine has been approved and is available. Requires the HHS Secretary to revise the provisions of the HHS pandemic influenza plan to conform with the minimum worker protection requirements described in this Act and with the permanent occupational safety and health exposure standard issued by the Secretary of Labor under this Act. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Rural Landscapes Act of 2010''. SEC. 2. SPLIT ESTATE. (a) In General.--Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended by adding at the end the following: ``(q) Split Estates.-- ``(1) Definitions.--In this subsection: ``(A) Covered land.--The term `covered land' means land with respect to which-- ``(i) title to oil and gas resources is held by the United States; but ``(ii) title to the surface estate is not held by the United States. ``(B) Lease.--The term `lease' means a lease issued by the Secretary under this Act that provides for the development of oil and gas resources (including coalbed methane) on covered land. ``(C) Lessee.--The term `lessee' means the holder of a lease for the development of oil and gas resources on covered land. ``(D) Oil and gas operations.--The term `oil and gas operations' means all activities affecting the interest of a surface owner in covered land that are associated with exploration, drilling, or production of oil and gas, through final reclamation of the affected surface. ``(E) Operator.--The term `operator' means a person with the legal right to conduct oil and gas operations on covered land. ``(F) Secretary.--The term `Secretary' means the Secretary of the Interior. ``(G) Surface owner.--The term `surface owner' means a person who holds legal or equitable title, as demonstrated in the records of the applicable county clerk or other local government official, to the surface of the covered land on which the operator has the right to conduct oil and gas operations. ``(2) Compensation and reclamation.-- ``(A) In general.--An operator shall compensate the surface owner for damages resulting from the oil and gas operations of the operator on land affected by the operations from-- ``(i) loss of agricultural production and income; ``(ii) lost land value; ``(iii) lost use of and lost access to the land of the surface owner; and ``(iv) the lost value of improvements. ``(B) Reclamation.--An operator shall reclaim the surface affected by the oil and gas operations of the operator. ``(3) Notice of operations.-- ``(A) Prior to initial entry.--Prior to initial entry for activities that do not disturb the surface, the operator shall provide at least five days notice by certified mail or hand delivery to the surface owner. ``(B) Operations.--Prior to commencing oil and gas operations, the operator shall provide not less than 30 days notice by certified mail or hand delivery to the surface owner with sufficient disclosure of the planned operations to enable the surface owner to evaluate the effect of the operations. ``(C) Place of notice delivery.--The notices required by this section shall be given to the surface owner at the address shown by the records of the county clerk at the time the notice is given. ``(D) Notice deemed received.--Notices required by this section shall be deemed to have been received five days after mailing by certified mail or immediately upon hand delivery. ``(4) Surface use agreement.-- ``(A) Surface use agreement.--At the time of providing notice of operations under paragraph (3)(B), the operator shall provide to the surface owner a proposed surface use agreement that-- ``(i) to the extent known, specifies sufficient disclosure of the planned oil and gas operations to enable the surface owner to evaluate the effect of the operations on the property, including-- ``(I) placement, specifications, maintenance and design of facilities, equipment and roads; ``(II) terms of ingress and egress; ``(III) water protection (quality and quantity); ``(IV) proposed reclamation; and ``(V) actions to minimize surface damages to the land including runoff and erosion; and ``(ii) includes an offer of compensation for damages to the surface affected by oil and gas operations. ``(B) Procedure.-- ``(i) In general.--Not later than 30 days after the date of receipt of the proposed surface use agreement, the surface owner may accept or reject the agreement. ``(ii) Failure to accept.--Failure to accept the agreement during the 30-day period described in clause (i) may be considered a rejection of the agreement. ``(C) Negotiations.--The surface owner and operator may enter into negotiations regarding the surface use agreement. ``(D) Agreement.--The operator and the surface owner may enter into a mutually acceptable agreement that specifies the rights and obligations of the parties with respect to the surface activities conducted by the operator. ``(5) Entry without agreement; bond.-- ``(A) In general.--In lieu of executing a surface use agreement under paragraph (4)(A), the operator may enter the property of the surface owner and conduct oil and gas operations as provided in this section. ``(B) Financial assurance.--The operator shall provide an appropriate financial assurance for the benefit of the surface owner, as determined by the Secretary, prior to commencing operations under this paragraph. ``(C) Release of financial assurance.--The Secretary shall provide for the appropriate release of the financial assurance on a determination that-- ``(i) the reclamation is complete; and ``(ii) the surface owner has been compensated for any damages. ``(6) Notice of secretarial action with respect to federal leases.--The Secretary shall make reasonable efforts to provide to each surface owner of affected covered land, and to each permittee or right-of-way holder with the right to use the surface of affected Federal land, written notice of-- ``(A) any lease sale for an oil or gas lease under this Act by not later than 30 days before the date of the lease sale; and ``(B) the issuance of a drilling permit by not later than 5 days before the date of issuance. ``(7) Relationship to state law.--Nothing in this subsection preempts any applicable State law.''. (b) Regulations.--Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior shall promulgate such regulations as are necessary to carry out the amendment made by subsection (a). | Protecting Rural Landscapes Act of 2010 - Amends the Mineral Leasing Act, with respect to the lease of oil and gas lands, to require a person with the legal right to conduct oil and gas operations on covered land (operator) to compensate the surface owner for damages resulting from: (1) loss of agricultural production and income; (2) lost land value; (3) lost use of and lost access to the land; and (4) the lost value of improvements. Requires the operator to reclaim the affected surface. Requires the operator to give notice prior to: (1) initial entry for activities that do not disturb the surface; and (2) commencing oil and gas operations. Requires the operator, at the time of providing notice of commencement of oil and gas operations, to provide the surface owner with a proposed surface use agreement that includes an offer of compensation for damages to the surface affected by oil and gas operations. Requires an operator to provide the surface owner with appropriate financial assurance of reclamation in lieu of executing a surface use agreement. Requires the Secretary of the Interior to provide notice of upcoming lease sales and drilling permits to each: (1) surface owner of affected covered land; and (2) permittee or right-of-way holder with the right to use the surface of affected federal land. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Iran Sanctions Act of 1993''. SEC. 2. CONGRESSIONAL FINDINGS. (a) Iran's Violations of Human Rights.--The Congress makes the following findings with respect to Iran's violations of human rights: (1) As cited by the 1991 United Nations Special Representative on Human Rights, Amnesty International, and the United States Department of State, the Government of Iran has conducted assassinations outside of Iran, such as that of former Prime Minister Shahpour Bakhtiar for which the Government of France issued arrest warrants for several Iranian governmental officials. (2) As cited by the 1991 United Nations Special Representative on Human Rights and by Amnesty International, the Government of Iran has conducted revolutionary trials which do not meet internationally recognized standards of fairness or justice. These trials have included such violations as a lack of procedural safeguards, trial times of 5 minutes or less, limited access to defense counsel, forced confessions, and summary executions. (3) As cited by the 1991 United Nations Special Representative on Human Rights, the Government of Iran systematically represses its Baha'i population. Persecutions of this small religious community include assassinations, arbitrary arrests, electoral prohibitions, and denial of applications for documents such as passports. (4) As cited by the 1991 United Nations Special Representative on Human Rights, the Government of Iran suppresses opposition to its government. Political organizations such as the Freedom Movement are banned from parliamentary elections, have their telephones tapped and their mail opened, and are systematically harassed and intimidated. (5) As cited by the 1991 United Nations Special Representative on Human Rights and Amnesty International, the Government of Iran has failed to recognize the importance of international human rights. This includes suppression of Iranian human rights movements such as the Freedom Movement, lack of cooperation with international human rights organizations such as the International Red Cross, and an overall apathy toward human rights in general. This lack of concern prompted the Special Representative to state in his report that Iran had made ``no appreciable progress towards improved compliance with human rights in accordance with the current international instruments''. (6) As cited by Amnesty International, the Government of Iran continues to torture its political prisoners. Torture methods include burns, arbitrary blows, severe beatings, and positions inducing pain. (b) Iran's Acts of International Terrorism.--The Congress makes the following findings, based on the records of the Department of State, with respect to Iran's acts of international terrorism: (1) As cited by the Department of State, the Government of Iran was the greatest supporter of state terrorism in 1992, supporting over 20 terrorist acts, including the bombing of the Israeli Embassy in Buenos Aires that killed 29 people. (2) As cited by the Department of State, the Government of Iran is a sponsor of radical religious groups that have used terrorism as a tool. These include such groups as Hezballah, HAMAS, the Turkish Islamic Jihad, and the Popular Front for the Liberation of Palestine-General Command (PFLP-GC). (3) As cited by the Department of State, the Government of Iran has resorted to international terrorism as a means of obtaining political gain. These actions have included not only the assassination of former Prime Minister Bakhitiar, but the death sentence imposed on Salman Rushdie, and the assassination of the leader of the Kurdish Democratic Party of Iran. (4) As cited by the Department of State and the Vice President's Task Force on Combatting Terrorism, the Government of Iran has long been a proponent of terrorist actions against the United States, beginning with the takeover of the United States Embassy in Tehran in 1979. Iranian support of extremist groups have led to the following attacks upon the United States as well: (A) The car bomb attack on the United States Embassy in Beirut killing 49 in 1983 by the Hezballah. (B) The car bomb attack on the United States Marine Barracks in Beirut killing 241 in 1983 by the Hezballah. (C) The assassination of American University President in 1984 by the Hezballah. (D) The kidnapping of all American hostages in Lebanon from 1984-1986 by the Hezballah. SEC. 3. TRADE EMBARGO. (a) In General.--Except as provided in subsection (c), effective on the date of enactment of this Act, a total trade embargo shall be in force between the United States and Iran. (b) Covered Transactions.--As part of such embargo the following transactions are prohibited: (1) Any transaction in the currency exchange of Iran. (2) The transfer of credit or payments between, by, through, or to any banking institution, to the extent that such transfers or payments involve any interest of Iran or a national thereof. (3) The importing from, or exporting to, Iran of currency or securities. (4) Any acquisition, holding, withholding, use, transfer, withdrawal, transportation, importation or exportation of, or dealing in, or exercising any right, power, or privilege with respect to, or any transaction involving, any property in which Iran or any national thereof has any interest; by any person, or with respect to any property, subject to the jurisdiction of the United States. (5) The licensing for export to Iran, or for export to any other country for reexport to Iran, by any person subject to the jurisdiction of the United States of any item or technology controlled under the Export Administration Act of 1979, the Arms Export Control Act, or the Atomic Energy Act of 1954. (6) The importation into the United States of any good or service which is, in whole or in part, grown, produced, manufactured, extracted, or processed in Iran. (c) Extraterritorial Application.--In addition to the transactions described in subsection (b), the trade embargo imposed by this Act prohibits any transaction described in paragraphs (1) through (4) of that subsection when engaged in by a United States national abroad. (d) Exceptions.--This section shall not apply to any transaction involving the furnishing, for humanitarian purposes, of food, clothing, medicine, or medical supplies, instruments, or equipment to Iran or to any national thereof. (e) Penalties.--Any person who violates this section or any license, order, or regulation issued under this section shall be subject to the same penalties as are applicable under section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to violations of licenses, orders, or regulations under that Act. (f) Application to Existing Law.--This section shall apply notwithstanding any other provision of law or international agreement. SEC. 4. OPPOSITION TO MULTILATERAL ASSISTANCE. (a) International Financial Institutions.--(1) The Secretary of the Treasury shall instruct the United States executive director of each international financial institution described in paragraph (2) to oppose and vote against any extension of credit or other financial assistance by that institution to Iran. (2) The international financial institutions referred to in paragraph (1) are the International Bank for Reconstruction and Development, the International Development Association, the Asian Development Bank, and the International Monetary Fund. (b) United Nations.--It is the sense of the Congress that the United States Permanent Representative to the United Nations should oppose and vote against the provision of any assistance by the United Nations or any of its specialized agencies to Iran. SEC. 5. WAIVER AUTHORITY. The provisions of sections 3 and 4 shall not apply if the President determines and certifies to the appropriate congressional committees that Iran-- (1) has substantially improved its adherence to internationally recognized standards of human rights; (2) has ceased its efforts to acquire a nuclear explosive device; and (3) has ceased support for acts of international terrorism. SEC. 6. REPORT REQUIRED. Beginning 60 days after the date of enactment of this Act, and every 90 days thereafter, the President shall submit to the appropriate congressional committees a report describing-- (1) the nuclear and other military capabilities of Iran; and (2) the support, if any, provided by Iran for acts of international terrorism. SEC. 7. DEFINITIONS. For purposes of this Act-- (1) the term ``act of international terrorism'' means an act-- (A) which is violent or dangerous to human life and that is a violation of the criminal laws of the United States or of any State or that would be a criminal violation if committed within the jurisdiction of the United States or any State; and (B) which appears to be intended-- (i) to intimidate or coerce a civilian population; (ii) to influence the policy of a government by intimidation or coercion; or (iii) to affect the conduct of a government by assassination or kidnapping. (2) the term ``appropriate congressional committees'' means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives; (3) the term ``Iran'' includes any agency or instrumentality of Iran; (4) the term ``United States'' means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the Virgin Islands, and any other territory or possession of the United States; and (5) the term ``United States national'' means-- (A) a natural person who is a citizen of the United States or who owes permanent allegiance to the United States; (B) a corporation or other legal entity which is organized under the laws of the United States, any State or territory thereof, or the District of Columbia, if natural persons who are nationals of the United States own, directly or indirectly, more than 50 percent of the outstanding capital stock or other beneficial interest in such legal entity; and (C) any foreign subsidiary of a corporation or other legal entity described in subparagraph (B). | Comprehensive Iran Sanctions Act of 1993 - Imposes a trade embargo between the United States and Iran. Exempts transactions involving the furnishing, for humanitarian purposes, of food, clothing, medicine, or medical supplies. Sets forth penalties for violations of this Act. Requires the Secretary of the Treasury to instruct the U.S. executive director of specified international financial institutions to oppose any extension of credit or financial assistance to Iran. Expresses the sense of the Congress that the U.S. Permanent Representative to the United Nations should oppose the provision of U.N. assistance to such country. Sets forth requirements for the waiver of such embargo or denial of assistance. Requires the President to submit a specified report to appropriate congressional committees. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Food Act of 1997''. SEC. 2. PURPOSES. It is the purpose of this Act-- (1) to establish a single agency, the Food Safety Administration, to regulate food safety and labeling and to conduct food safety inspections to ensure, with reasonable certainty, that no harm will result from the consumption of food by preventing food-borne illnesses due to microbial, natural, or chemical hazards in food; and (2) to transfer to the Food Safety Administration the food safety, labeling, and inspection functions currently performed by other Federal agencies. SEC. 3. DEFINITIONS. For purposes of this Act: (1) Administration.--The term ``Administration'' means the Food Safety Administration established under section 4. (2) Food safety laws.--The term ``food safety laws'' means-- (A) the Federal Meat Inspection Act (21 U.S.C. 601 et seq.); (B) the Poultry Products Inspection Act (21 U.S.C. 451 et seq.); (C) the Egg Products Inspection Act (21 U.S.C. 1031 et seq.); (D) the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), with regard to food safety, labeling, and inspection under that Act; (E) the food safety responsibilities under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.); and (F) such other laws and portions of laws regarding food safety, labeling, and inspection that the President considers appropriate to consolidate under the administration of the Administration. SEC. 4. ESTABLISHMENT OF INDEPENDENT FOOD SAFETY ADMINISTRATION. (a) Establishment of Administration.--There is established in the executive branch an agency to be known as the ``Food Safety Administration''. The Administration shall be an independent establishment, as defined in section 104 of title 5, United States Code. (b) Responsibilities of Administration.--The Administration shall be responsible for the administration and enforcement of the food safety laws. SEC. 5. CONSOLIDATION OF SEPARATE FOOD SAFETY AND INSPECTION SERVICES AND AGENCIES. (a) Termination.--As soon as possible after the effective date of this Act, the President shall terminate the Federal agencies specified in subsection (b) to the extent that the activities of such agencies relate to the administration or enforcement of the food safety laws. (b) Covered Agencies.--The Federal agencies referred to in subsection (a) are the following: (1) The Food Safety and Inspection Service of the Department of Agriculture. (2) The Center for Food Safety and Applied Nutrition of the Food and Drug Administration. (3) The Center for Veterinary Medicine of the Food and Drug Administration. (4) The National Marine Fisheries Service of the National Oceanic and Atmospheric Administration of the Department of Commerce. (5) The Office of Pesticide Programs under the Assistant Administrator of the Environmental Protection Agency for Prevention, Pesticides, and Toxic Substances. (6) Such other offices, services, or agencies as the President may designate to further the purposes of this Act. (c) Transfer of Assets and Funds.--Consistent with section 1531 of title 31, United States Code, the personnel, assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds of a Federal agency terminated in whole or in part under subsection (a) that are used in connection with the administration or enforcement of the food safety laws shall be transferred to the Administration upon the termination of the Federal agency. Unexpended funds transferred pursuant to this subsection shall be used by the Administration only for the purposes for which the funds were originally authorized and appropriated. (d) References.--After the termination of a Federal agency under subsection (a), any reference in any other Federal law, Executive order, rule, regulation, document, or other material to that Federal agency or the head of that agency in connection with the administration or enforcement of the food safety laws shall be deemed to be a reference to the Administration. (e) Savings Provisions.--The termination of a Federal agency under subsection (a) shall not affect-- (1) an order, determination, rule, regulation, permit, agreement, grant, contract, certificate, license, registration, privilege, or other administrative action issued, made, granted, or otherwise in effect with respect to that agency before the termination date regarding functions transferred to the Administration under this Act; and (2) any suit commenced before the termination of that agency, any other proceeding (including a notice of proposed rulemaking), or any application for any license, permit, certificate, or financial assistance pending before that agency with respect to functions transferred to the Administration under this Act. SEC. 6. LIMITATION ON AUTHORIZATION OF APPROPRIATIONS. For the first fiscal year beginning after the date of enactment of this Act, the amount authorized to be appropriated to carry out this Act shall not exceed the amount appropriated for fiscal year 1998 for the Federal agencies to be terminated under section 5(a) to administer the food safety laws. SEC. 7. EFFECTIVE DATE. This Act shall take effect on the earlier of-- (1) the date that is 180 days after the date of enactment of this Act; and (2) such date during that 180-day period as the President may direct in an Executive order. | Safe Food Act of 1997 - Establishes in the executive branch an independent Food Safety Administration which shall administer and enforce the food safety laws. Directs the President to terminate specified food safety-related Federal agencies to the extent their activities relate to the administration or enforcement of food safety laws. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Center to Advance, Monitor, and Preserve University Security Safety Act of 2013'' or the ``CAMPUS Safety Act of 2013''. SEC. 2. NATIONAL CENTER FOR CAMPUS PUBLIC SAFETY. Subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.) is amended-- (1) in section 501 (42 U.S.C. 3751)-- (A) in subsection (a)(1)-- (i) in the matter preceding subparagraph (A), by inserting ``or purposes'' after ``one or more of the following programs''; and (ii) by adding at the end the following: ``(H) Making subawards to institutions of higher education and other nonprofit organizations to assist the National Center for Campus Public Safety in carrying out the functions of the Center required under section 509(b).''; and (B) in subsection (b)-- (i) in paragraph (1), by striking ``or'' at the end; (ii) in paragraph (2), by striking the period and inserting ``; or''; and (iii) by adding at the end the following: ``(3) institutions of higher education and other nonprofit organizations, for purposes of carrying out section 509.''; and (2) by adding at the end the following: ``SEC. 509. NATIONAL CENTER FOR CAMPUS PUBLIC SAFETY. ``(a) Definition of Institution of Higher Education.--In this section, the term `institution of higher education' has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). ``(b) Authority To Establish and Operate Center.--The Attorney General may establish and operate a National Center for Campus Public Safety (referred to in this section as the `Center'). ``(c) Functions of the Center.--The Center shall-- ``(1) provide quality education and training for public safety personnel of institutions of higher education and their collaborative partners, including campus mental health agencies; ``(2) foster quality research to strengthen the safety and security of institutions of higher education; ``(3) serve as a clearinghouse for the identification and dissemination of information, policies, protocols, procedures, and best practices relevant to campus public safety, including off-campus housing safety, the prevention of violence against persons and property, and emergency response and evacuation procedures; ``(4) coordinate with the Secretary of Homeland Security, the Secretary of Education, State, local and tribal governments and law enforcement agencies, private and nonprofit organizations and associations, and other stakeholders, to develop protocols and best practices to prevent, protect against and respond to dangerous and violent situations involving an immediate threat to the safety of the campus community; ``(5) promote the development and dissemination of effective behavioral threat assessment and management models to prevent campus violence; ``(6) identify campus safety information (including ways to increase off-campus housing safety) and identify resources available from the Department of Justice, the Department of Homeland Security, the Department of Education, State, local, and tribal governments and law enforcement agencies, and private and nonprofit organizations and associations; ``(7) promote cooperation, collaboration, and consistency in prevention, response, and problem-solving methods among public safety and emergency management personnel of institutions of higher education and their campus- and non- campus-based collaborative partners, including law enforcement, emergency management, mental health services, and other relevant agencies; ``(8) disseminate standardized formats and models for mutual aid agreements and memoranda of understanding between campus security agencies and other public safety organizations and mental health agencies; and ``(9) report annually to Congress on activities performed by the Center during the previous 12 months. ``(d) Coordination With Available Resources.--In establishing the Center, the Attorney General shall-- ``(1) coordinate with the Secretary of Homeland Security, the Secretary of Education, and appropriate State or territory officials; ``(2) ensure coordination with campus public safety resources within the Department of Homeland Security, including within the Federal Emergency Management Agency, and the Department of Education; and ``(3) coordinate within the Department of Justice and existing grant programs to ensure against duplication with the program authorized by this section. ``(e) Reporting and Accountability.--At the end of each fiscal year, the Attorney General shall-- ``(1) issue a report that assesses the impacts, outcomes and effectiveness of the grants distributed to carry out this section; ``(2) in compiling such report, assess instances of duplicative activity, if any, performed through grants distributed to carry out this section and other grant programs maintained by the Department of Justice, the Department of Education, and the Department of Homeland Security; and ``(3) make such report available on the Department of Justice website and submit such report to the Senate and House Judiciary Committees and the Senate and House Appropriations Committees.''. SEC. 3. RULE OF CONSTRUCTION. Nothing in this Act or the amendments made by this Act shall preclude public elementary and secondary schools or their larger governing agencies from receiving the informational and training benefits of the National Center for Campus Public Safety authorized under section 509 of the Omnibus Crime Control and Safe Streets Act of 1968, as added by this Act. | Center to Advance, Monitor, and Preserve University Security Safety Act of 2013 or the CAMPUS Safety Act of 2013 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Attorney General to establish and operate a National Center for Campus Public Safety. Tasks the Center with strengthening the safety and security of institutions of higher education (IHEs) by: (1) training IHE public safety personnel and their collaborative partners; (2) fostering relevant research; (3) collecting and disseminating information and best practices regarding campus safety; (4) developing protocols and best practices to prevent, protect against, and respond to dangerous and violent situations that threaten the campus community; and (5) promoting cooperation among public safety and emergency management personnel of IHEs and their collaborative partners, including law enforcement, emergency management, and mental health agencies. Allows states and localities to use Edward Byrne Memorial Justice Assistance Grants to make subawards to IHEs and other nonprofit organizations to assist the Center in carrying out those functions. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Viral Hepatitis Testing Act of 2011''. SEC. 2. FINDINGS. Congress finds the following: (1) Approximately 5,300,000 Americans are chronically infected with the hepatitis B virus (referred to in this section as ``HBV''), the hepatitis C virus (referred to in this section as ``HCV''), or both. (2) In the United States, chronic HBV and HCV are the most common cause of liver cancer, one of the most lethal and fastest growing cancers in the United States. Chronic HBV and HCV are the most common cause of chronic liver disease, liver cirrhosis, and the most common indication for liver transplantation. Chronic HCV is also a leading cause of death in Americans living with HIV/AIDS, many of whom are coinfected with chronic HBV, HCV, or both. At least 15,000 deaths per year in the United States can be attributed to chronic HBV and HCV. (3) According to the Centers for Disease Control and Prevention (referred to in this section as the ``CDC''), approximately 2 percent of the population of the United States is living with chronic HBV, HCV, or both. The CDC has recognized HCV as the Nation's most common chronic bloodborne virus infection and HBV as the deadliest vaccine-preventable disease. (4) HBV is easily transmitted and is 100 times more infectious than HIV. According to the CDC, HBV is transmitted through percutaneous (i.e., puncture through the skin) or mucosal contact with infectious blood or body fluids. HCV is transmitted by percutaneous exposures to infectious blood. (5) The CDC conservatively estimates that in 2008 approximately 18,000 Americans were newly infected with HCV and more than 38,000 Americans were newly infected with HBV. (6) There were 10 outbreaks reported to CDC for investigation in 2009 related to healthcare acquired infection of HBV and HCV. There were another 6,748 patients potentially exposed to one of the viruses. (7) Chronic HBV and chronic HCV usually do not cause symptoms early in the course of the disease, but after many years of a clinically ``silent'' phase, CDC estimates show more than 33 percent of infected individuals will develop cirrhosis, end-stage liver disease, or liver cancer. Since most individuals with chronic HBV, HCV, or both are unaware of their infection, they do not know to take precautions to prevent the spread of their infection and can unknowingly exacerbate their own disease progression. (8) HBV and HCV disproportionately affect certain populations in the United States. Although representing only 5 percent of the population, Asian and Pacific Islanders account for over half of the 1,400,000 domestic chronic HBV cases. Baby boomers (those born between 1945 and 1965) account for more than 75 percent of domestic chronic HCV cases. In addition, African-Americans, Latinos (Latinas), and American Indian/ Native Alaskans are among the groups which have disproportionately high rates of HBV infections, HCV infections, or both in the United States. (9) For both chronic HBV and chronic HCV, behavioral changes can slow disease progression if diagnosis is made early. Early diagnosis, which is determined through simple diagnostic tests, can reduce the risk of transmission and disease progression through education and vaccination of household members and other susceptible persons at risk. (10) Advancements have led to the development of improved diagnostic tests for viral hepatitis. These tests, including rapid, point of care testing and others in development can facilitate testing, notification of results and post-test counseling, and referral to care at the time of the testing visit. In particular, these tests are also advantageous because they can be used simultaneously with HIV rapid testing for persons at risk for both HCV and HIV infections. (11) For those chronically infected with HBV or HCV, regular monitoring can lead to the early detection of liver cancer at a stage where a cure is still possible. Liver cancer is the second deadliest cancer in the United States however, liver cancer has received little funding for research, prevention, or treatment. (12) Treatment for chronic HCV can eradicate the disease in approximately 75 percent of those currently treated. The treatment of chronic HBV can effectively suppress viral replication in the overwhelming majority (over 80 percent) of those treated thereby reducing the risk of transmission and progression to liver scarring or liver cancer even though a complete cure is much less common than for HCV. (13) To combat the viral hepatitis epidemic in the United States, in May 2011, the Department of Health and Human Services released, Combating the Silent Epidemic of Viral Hepatitis: Action Plan for the Prevention, Care & Treatment of Viral Hepatitis. The Institute of Medicine of the National Academies produced a 2010 report on the Federal response to HBV and HCV titled: Hepatitis and Liver Cancer: A National Strategy for Prevention and Control of Hepatitis B and C. The recommendations and guidelines provide a framework for HBV and HCV prevention, education, control, research, and medical management programs. (14) The annual health care costs attributable to viral hepatitis in the United States are significant. For HBV, it is estimated to be approximately $2,500,000,000 ($2,000 per infected person). In 2000, the lifetime cost of HBV--before the availability of most of the current therapies--was approximately $80,000 per chronically infected person, or more than $100,000,000,000. For HCV, medical costs for patients are expected to increase from $30,000,000,000 in 2009 to over $85,000,000,000 in 2024. Avoiding these costs by screening and diagnosing individuals earlier--and connecting them to appropriate treatment and care will save lives and critical health care dollars. Currently, without a comprehensive screening, testing and diagnosis program, most patients are diagnosed too late when they need a liver transplant costing at least $314,000 for uncomplicated cases or when they have liver cancer or end stage liver disease which costs between $30,980 to $110,576 per hospital admission. As health care costs continue to grow, it is critical that the Federal Government invests in effective mechanisms to avoid documented cost drivers. (15) According to the Institute of Medicine report in 2010 (described in paragraph (13)), chronic HBV and HCV infections cause substantial morbidity and mortality despite being preventable and treatable. Deficiencies in the implementation of established guidelines for the prevention, diagnosis, and medical management of chronic HBV and HCV infections perpetuate personal and economic burdens. Existing grants are not sufficient for the scale of the health burden presented by HBV and HCV. (16) Screening and testing for chronic HBV and HCV are aligned with the Healthy People 2020 goal to increase immunization rates and reduce preventable infectious diseases. Awareness of disease and access to prevention and treatment remain essential components for reducing infectious disease transmission. (17) Federal support is necessary to increase knowledge and awareness of HBV and HCV and to assist State and local prevention and control efforts in reducing the morbidity and mortality of these epidemics. (18) The Secretary of Health and Human Services has the discretion to carry out this Act directly and through whichever of the agencies of the Public Health Service the Secretary determines to be appropriate, which may (in the Secretary's discretion) include the Centers for Disease Control and Prevention, the Health Resources and Services Administration, the Substance Abuse and Mental Health Services Administration, the National Institutes of Health (including the National Institute on Minority Health and Health Disparities), and other agencies of such Service. SEC. 3. REVISION AND EXTENSION OF HEPATITIS SURVEILLANCE, EDUCATION, AND TESTING PROGRAM. (a) In General.--Section 317N of the Public Health Service Act (42 U.S.C. 247b-15) is amended-- (1) by amending the heading to read as follows: ``surveillance, education, and testing regarding hepatitis virus''; (2) by redesignating subsections (b) and (c) as subsections (d) and (e), respectively; and (3) by striking subsection (a) and inserting the following: ``(a) In General.--The Secretary shall, in accordance with this section, carry out surveillance, education, and testing programs with respect to hepatitis B and hepatitis C virus infections (referred to in this section as `HBV' and `HCV', respectively). The Secretary may carry out such programs directly and through grants to public and nonprofit private entities, including States, political subdivisions of States, territories, Indian tribes, and public-private partnerships. ``(b) National System.--In carrying out subsection (a), the Secretary shall cooperate with States and other public or nonprofit private entities to seek to establish a national system with respect to HBV and HCV with the following goals: ``(1) To determine the incidence and prevalence of such infections, including providing for the reporting of chronic cases. ``(2) With respect to the population of individuals who have such an infection, to carry out testing programs to increase the number of individuals who are aware of their infection to 50 percent by 2014 and to 75 percent by 2016. ``(3) To develop and disseminate public information and education programs for the detection and control of such infections, with priority given to changing behaviors that place individuals at risk of infection. ``(4) To provide appropriate referrals for counseling and medical treatment of infected individuals and to ensure, to the extent practicable, the provision of appropriate follow-up services. ``(5) To improve the education, training, and skills of health professionals in the detection, control, and treatment of such infections, with priority given to pediatricians and other primary care physicians, and obstetricians and gynecologists. ``(c) High-Risk Populations; Chronic Cases.-- ``(1) In general.--The Secretary shall determine the populations that, for purposes of this section, are considered at high-risk for HBV or HCV. The Secretary shall include the following among those considered at high-risk: ``(A) For HBV, individuals born in countries in which 2 percent or more of the population has HBV. ``(B) For HCV, individuals born between 1945 and 1965. ``(C) Those who have been exposed to the blood of infected individuals or of high-risk individuals, are family members of such individuals, or are sexual partners of such individuals. ``(2) Priority in programs.--In providing for programs under subsection (b), the Secretary shall give priority-- ``(A) to early diagnosis of chronic cases of HBV or HCV in high-risk populations under paragraph (1); and ``(B) to education, and referrals for counseling and medical treatment, for individuals diagnosed under subparagraph (A) in order to-- ``(i) reduce their risk of dying from end- stage liver disease and liver cancer, and of transmitting the infection to others; ``(ii) determine the appropriateness for treatment to reduce the risk of progression to cirrhosis and liver cancer; ``(iii) receive ongoing medical management, including regular monitoring of liver function and screenings for liver cancer; ``(iv) receive, as appropriate, drug, alcohol abuse, and mental health treatment; ``(v) in the case of women of childbearing age, receive education on how to prevent HBV perinatal infection, and to alleviate fears associated with pregnancy or raising a family; and ``(vi) receive such other services as the Secretary determines to be appropriate. ``(3) Cultural context.--In providing for services pursuant to paragraph (2) for individuals who are diagnosed under subparagraph (A) of such paragraph, the Secretary shall seek to ensure that the services are provided in a culturally and linguistically appropriate manner.''. (b) Coordination of Development of Federal Screening Guidelines.-- (1) References.--For purposes of this subsection, the term ``CDC Director'' means the Director of the Centers for Disease Control and Prevention, and the term ``AHRQ Director'' means the Director of the Agency for Healthcare Research and Quality. (2) HCV guidelines; centers for disease control and prevention.-- (A) In general.--Not later than March 1, 2012, the CDC Director shall complete the revision of the guidelines of the Centers for Disease Control and Prevention for screening individuals for the hepatitis C virus infection (in this section referred to as ``HCV''), and shall transmit a copy of the guidelines to the AHRQ Director. The scope of the revised guidelines shall include testing for HCV that is carried out under section 317N of the Public Health Service Act (42 U.S.C. 247b-15), as amended by subsection (a). (B) Certain factors.--In revising guidelines pursuant to subparagraph (A), the CDC Director shall take into account-- (i) the effectiveness issues that have been raised with respect to the current guidelines of the Centers for Disease Control and Prevention for screenings for HCV; (ii) the importance of responding to the perception that receiving such screenings may be stigmatizing; and (iii) whether age-based screenings would be effective, considering the use of that approach in breast and colon cancer screenings. (3) Agency for healthcare research and quality.-- (A) HCV guidelines.--The AHRQ Director shall, in developing the recommendations for screenings for HCV that the AHRQ Director will provide to the Preventive Services Task Force under section 915(a) of the Public Health Service Act (42 U.S.C. 299b-4(a)), take into account-- (i) the guidelines established pursuant to paragraph (2) by the CDC Director; and (ii) new and improved treatments for HCV. (B) HBV guidelines.--The AHRQ Director shall, in developing the recommendations for screenings for the hepatitis B virus infection (in this section referred to as ``HBV'') that the AHRQ Director will provide to the Preventive Services Task Force referred to in subparagraph (A), take into account the guidelines for screenings for HBV that the CDC Director recommended in 2008. (c) Authorization of Appropriations.--Subsection (e) of section 317N of the Public Health Service Act (42 U.S.C. 247b-15), as redesignated by subsection (a)(2) of this section, is amended to read as follows: ``(e) Authorization of Appropriations.-- ``(1) In general.--For the purpose of testing, education, and referrals under this section, there are authorized to be appropriated $25,000,000 for fiscal year 2012, $35,000,000 for fiscal year 2013, $20,000,000 for fiscal year 2014, and $15,000,000 for each of the fiscal years 2015 and 2016. ``(2) Grants.--Of the amounts appropriated under paragraph (1) for a fiscal year, the Secretary shall reserve not less than 80 percent for making grants under subsection (a).''. (d) Savings Provision.--The amendments made by this section shall not be construed to require termination of any program or activity carried out by the Secretary of Health and Human Services under section 317N of the Public Health Service Act (42 U.S.C. 247b-15) as in effect on the day before the date of the enactment of this Act. | Viral Hepatitis Testing Act of 2011 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to carry out surveillance, education, and testing programs with respect to hepatitis B (HBV) and hepatitis C (HCV) virus infections. Requires the Secretary to establish a national system with respect to HBV and HCV to: (1) determine the prevalence of such infections, (2) carry out testing programs to increase the number of individuals who are aware of their infection, (3) disseminate public information and education programs for the detection and control of such infections, (4) provide referrals for counseling and medical treatment and ensure the provision of follow-up services, and (5) improve the training of health professionals in the treatment of such infections. Directs the Secretary to determine the populations that are considered at high risk. Requires the Director of the Centers for Disease Control and Prevention (CDC) to complete the revision of CDC guidelines for screening individuals with HCV, taking into account: (1) the effectiveness issues that have been raised with respect to the current CDC guidelines for screening, (2) the importance of responding to the perception that receiving such screening may be stigmatizing, and (3) whether age-based screening would be effective. Requires the Director of the Agency for Healthcare Research and Quality (AHRQ) to: (1) develop HCV screening recommendations, taking into account the guidelines established by CDC and new and improved treatments for HCV; and (2) develop HBV screening recommendations, taking into account the guidelines the CDC recommended in 2008. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Legislative Line Item Veto Act''. SEC. 2. EXPEDITED CONSIDERATION OF CERTAIN PROPOSED RESCISSIONS AND REPEALS OF TAX EXPENDITURES AND DIRECT SPENDING. (a) In General.--Title X of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 621 et seq.) is amended by adding after section 1012 the following new section: ``expedited consideration of certain proposed rescissions and repeals of tax expenditures and direct spending ``Sec. 1012A. (a) Proposed Cancellation of Budget Item.--The President may propose, at the time and in the manner provided in subsection (b), the cancellation of any budget item provided in any Act. ``(b) Transmittal of Special Message.-- ``(1)(A) Subject to the time limitations provided in subparagraph (B), the President may transmit to Congress a special message proposing to cancel budget items and include with that special message a draft bill that, if enacted, would only cancel those budget items as provided in this section. The bill shall clearly identify each budget item that is proposed to be canceled including, where applicable, each program, project, or activity to which the budget item relates. The bill shall specify the amount, if any, of each budget item that the President designates for deficit reduction as provided in paragraph (4). ``(B) A special message may be transmitted under this section-- ``(i) during the 20-calendar-day period (excluding Saturdays, Sundays, and legal holidays) commencing on the day after the date of enactment of the provision proposed to be rescinded or repealed; or ``(ii) at the same time as the President's budget. ``(2) In the case of an Act that includes budget items within the jurisdiction of more than one committee of a House, the President in proposing to cancel such budget item under this section shall send a separate special message and accompanying draft bill for each such committee. ``(3) Each special message shall specify, with respect to the budget item proposed to be canceled-- ``(A) the amount that the President proposes be canceled; ``(B) any account, department, or establishment of the Government to which such budget item is available for obligation, and the specific project or governmental functions involved; ``(C) the reasons why the budget item should be canceled; ``(D) to the maximum extent practicable, the estimated fiscal, economic, and budgetary effect (including the effect on outlays and receipts in each fiscal year) of the proposed cancellation; and ``(E) all facts, circumstances, and considerations relating to or bearing upon the proposed cancellation and the decision to effect the proposed cancellation, and to the maximum extent practicable, the estimated effect of the proposed cancellation upon the objects, purposes, and programs for which the budget item is provided. ``(4)(A) Not later than 5 days after the date of enactment of a bill containing an amount designated by the President for deficit reduction under paragraph (1), the President shall-- ``(i) with respect to a rescission bill, reduce the discretionary spending limits under section 601 of the Congressional Budget Act of 1974 for the budget year and each outyear to reflect such amount; and ``(ii) with respect to a repeal of a tax expenditure or direct spending, adjust the balances for the budget year and each outyear under section 252(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 to reflect such amount. ``(B) Not later than 5 days after the date of enactment of a bill containing an amount designated by the President for deficit reduction under paragraph (1), the chairs of the Committees on the Budget of the Senate and the House of Representatives shall revise levels under section 311(a) and adjust the committee allocations under section 602(a) to reflect such amount. ``(c) Procedures for Expedited Consideration.-- ``(1)(A) Before the close of the second day of session of the Senate and the House of Representatives, respectively, after the date of receipt of a special message transmitted to Congress under subsection (b), the majority leader or minority leader of each House shall introduce (by request) the draft bill accompanying that special message. If the bill is not introduced as provided in the preceding sentence in either House, then, on the third day of session of that House after the date of receipt of that special message, any Member of that House may introduce the bill. ``(B) The bill shall be referred to the appropriate committee or (in the House of Representatives) committees. The committee shall report the bill without substantive revision and with or without recommendation. The committee shall report the bill not later than the seventh day of session of that House after the date of receipt of that special message. If the committee fails to report the bill within that period, the committee shall be automatically discharged from consideration of the bill, and the bill shall be placed on the appropriate calendar. ``(C) A vote on final passage of the bill shall be taken in the Senate and the House of Representatives on or before the close of the 10th day of session of that House after the date of the introduction of the bill in that House. If the bill is passed, the Clerk of the Senate or the House of Representatives, as the case may be, shall cause the bill to be engrossed, certified, and transmitted to the other House within one calendar day of the day on which the bill is passed. ``(2)(A) During consideration under this subsection in the House of Representatives, any Member of the House of Representatives may move to strike any proposed cancellation of a budget item if supported by 49 other Members. ``(B) A motion in the House of Representatives to proceed to the consideration of a bill under this subsection shall be highly privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. ``(C) Debate in the House of Representatives on a bill under this subsection shall not exceed 4 hours, which shall be divided equally between those favoring and those opposing the bill. A motion further to limit debate shall not be debatable. It shall not be in order to move to recommit a bill under this subsection or to move to reconsider the vote by which the bill is agreed to or disagreed to. ``(D) Appeals from decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to a bill under this section shall be decided without debate. ``(E) Except to the extent specifically provided in this section, consideration of a bill under this section shall be governed by the Rules of the House of Representatives. It shall not be in order in the House of Representatives to consider any rescission bill introduced pursuant to the provisions of this section under a suspension of the rules or under a special rule. ``(3)(A) During consideration of a bill under this subsection in the Senate, any Member of the Senate may move to strike any proposed cancellation of a budget item if supported by 11 other Members. ``(B) It shall not be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. ``(C) Debate in the Senate on a bill under this subsection, and all debatable motions and appeals in connection therewith (including debate pursuant to subparagraph (D)), shall not exceed 10 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees. ``(D) Debate in the Senate on any debatable motion or appeal in connection with a bill under this subsection shall be limited to not more than 1 hour, to be equally divided between, and controlled by, the mover and the manager of the bill, except that in the event the manager of the bill is in favor of any such motion or appeal, the time in opposition thereto, shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from time under their control on the passage of a bill, allot additional time to any Senator during the consideration of any debatable motion or appeal. ``(E) A motion in the Senate to further limit debate on a bill under this subsection is not debatable. A motion to recommit a bill under this subsection is not in order. ``(F) If the Senate proceeds to consider a bill introduced in the House of Representatives under paragraph (1)(A), then any Senator may offer as an amendment the text of the companion bill introduced in the Senate under paragraph (1)(A) as amended if amended (under subparagraph (A)). Debate in the Senate on such bill introduced in the House of Representatives, and all debatable motions and appeals in connection therewith (including debate pursuant to subparagraph (D)), and any amendment offered under this subparagraph, shall not exceed 10 hours minus such times (if any) as Senators consumed or yielded back during consideration of the companion bill introduced in the Senate under paragraph (1)(A). ``(4) Debate in the House of Representatives or the Senate on the conference report on any bill considered under this section shall be limited to not more than 2 hours, which shall be divided equally between the majority leader and the minority leader. A motion further to limit debate is not debatable. A motion to recommit the conference report is not in order, and it is not in order to move to reconsider the vote by which the conference report is agreed to or disagreed to. ``(d) Amendments and Divisions Prohibited.--Except as otherwise provided by this section, no amendment to a bill considered under this section shall be in order in either the Senate or the House of Representatives. It shall not be in order to demand a division of the question in the House of Representatives (or in a Committee of the Whole). No motion to suspend the application of this subsection shall be in order in the House of Representatives, nor shall it be in order in the House of Representatives to suspend the application of this subsection by unanimous consent. ``(e) Requirement To Make Available for Obligation.--Any budget item proposed to be canceled in a special message transmitted to Congress under subsection (b) shall not be made available for obligation or take effect until the day after the date on which either House rejects the bill transmitted with that special message. ``(f) Definitions.--For purposes of this section-- ``(1) the term `appropriation Act' means any general or special appropriation Act, and any Act or joint resolution making supplemental, deficiency, or continuing appropriations; ``(2) the term `direct spending' shall have the same meaning given such term in section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985; ``(3) the term `budget item' means-- ``(A) an amount, in whole or in part, of budget authority provided in an appropriation Act; ``(B) an amount of direct spending; or ``(C) a targeted tax benefit; ``(4) the term `cancellation of a budget item' means-- ``(A) the rescission of any budget authority provided in an appropriation Act; ``(B) the repeal of any amount of direct spending; or ``(C) the repeal of any targeted tax benefit; and ``(5) the term `targeted tax benefit' means any provision which has the practical effect of providing a benefit in the form of a different treatment to a particular taxpayer or a limited class of taxpayers, whether or not such provision is limited by its terms to a particular taxpayer or a class of taxpayers. Such term does not include any benefit provided to a class of taxpayers distinguished on the basis of general demographic conditions such as income, number of dependents, or marital status.''. (b) Exercise of Rulemaking Powers.--Section 904 of the Congressional Budget Act of 1974 (2 U.S.C. 621 note) is amended-- (1) in subsection (a), by striking ``and 1017'' and inserting ``1012A, and 1017''; and (2) in subsection (d), by striking ``section 1017'' and inserting ``sections 1012A and 1017''. (c) Clerical Amendments.--The table of sections for subpart B of title X of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after the item relating to section 1012 the following: ``Sec. 1012A. Expedited consideration of certain proposed rescissions and repeals of tax expenditures and direct spending.''. (d) Effective Period.--The amendments made by this Act shall-- (1) take effect on the date of enactment of this Act; (2) apply only to budget items provided in Acts enacted on or after the date of enactment of this Act; and (3) cease to be effective on September 30, 1998. | Legislative Line Item Veto Act - Amends the Congressional Budget and Impoundment Control Act of 1974 to authorize the President to propose to the Congress the cancellation of any budget item provided in any Act. Authorizes the President to transmit a draft bill to the Congress with such a proposal, including the amount of each budget item designated for deficit reduction. Establishes expedited procedures in the Senate and the House of Representatives for consideration of such bill. |
SECTION 1. SHORT TITLE, ETC. (a) Short Title.--This Act may be cited as the ``Helping Save Americans' Health Care Choices Act of 2015''. (b) Table of Sections.--The table of sections for this Act is as follows: Sec. 1. Short title, etc. Sec. 2. Elimination of requirement that coverage must be under a high deductible health plan. Sec. 3. Increase the maximum contribution limit to an HSA. Sec. 4. Allow both spouses to make catch-up contributions to the same HSA account. Sec. 5. HSA funds may be used for health insurance premiums. Sec. 6. Increased portability of health savings accounts. Sec. 7. Certain physician fees to be treated as medical care. Sec. 8. Special rule for certain medical expenses incurred before establishment of account. Sec. 9. Medicare recipients made eligible for HSAs. Sec. 10. FSA funds may be used for long-term care insurance premiums. Sec. 11. Repeal of limitation on deductions making non-prescription drugs non-qualifying distributions from tax-preferred accounts. Sec. 12. Repeal of additional tax from distributions from HSAs and MSAs. Sec. 13. Repeal of limitation on health flexible spending arrangements under cafeteria plans. SEC. 2. ELIMINATION OF REQUIREMENT THAT COVERAGE MUST BE UNDER A HIGH DEDUCTIBLE HEALTH PLAN. (a) In General.--Section 223(c) of the Internal Revenue Code of 1986 is amended by striking paragraphs (1) and (2) and inserting the following new paragraphs: ``(1) Eligible individual.--The term `eligible individual' means, with respect to any month, any individual if such individual is covered under a eligible health plan as of the 1st day of such month. ``(2) Eligible health plan.--The term `eligible health plan' means any health plan (including membership in a health care sharing ministry as defined in section 5000A(d)(2)(B)) other than coverage consisting solely of excepted benefits as defined in section 9832(c).''. (b) Conforming Amendments.-- (1) In general.--The following sections of the Internal Revenue Code of 1986 are each amended by striking ``high deductible health plan'' each place it appears, as the case may be, and inserting ``eligible health plan'': (A) Section 26(b)(2)(S). (B) Paragraphs (3) and (5)(B)(ii) of section 106(e). (C) Section 223. (D) Section 408(d)(9). (2) Special rules.--With respect to the amendments made by this section, the matter being inserted shall bear the same case, number, font, and font size as the matter being replaced. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 3. INCREASE THE MAXIMUM CONTRIBUTION LIMIT TO AN HSA. (a) Self-Only Coverage.--Section 223(b)(2)(A) of the Internal Revenue Code of 1986 is amended by striking ``$2,250'' and inserting ``$6,450''. (b) Family Coverage.--Section 223(b)(2)(B) of such Code is amended by striking ``$4,500'' and inserting ``$12,900''. (c) Inflation Adjustment.--Section 223(g)(1) of such Code is amended-- (1) by striking ``subsections (b)(2) and (c)(2)(A)'' and inserting ``subsection (b)(2)'', and (2) by amending subparagraph (B) thereof to read as follows: ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins determined by substituting `calendar year 2014' for `calendar year 1992' in subparagraph (B) thereof.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 4. ALLOW BOTH SPOUSES TO MAKE CATCH-UP CONTRIBUTIONS TO THE SAME HSA ACCOUNT. (a) In General.--Section 223(b)(3) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(C) Special rule where both spouses are eligible individuals with 1 account.--If-- ``(i) an individual and the individual's spouse have both attained age 55 before the close of the taxable year, and ``(ii) the spouse is not an account beneficiary of a health savings account as of the close of such year, the additional contribution amount shall be 200 percent of the amount otherwise determined under subparagraph (B).''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 5. HSA FUNDS MAY BE USED FOR HEALTH INSURANCE PREMIUMS. (a) In General.--Section 223(d)(2) of the Internal Revenue Code of 1986 is amended by striking subparagraphs (B) and (C). (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. 6. INCREASED PORTABILITY OF HEALTH SAVINGS ACCOUNTS. (a) Treatment After Death of Account Beneficiary.--Section 223(f)(8)(A) of the Internal Revenue Code of 1986 is amended to read as follows: ``(A) Treatment if designated beneficiary is family member.--If a surviving spouse or lineal descendant of the spouse or the account beneficiary acquires the account beneficiary's interest in a health savings account by reason of being the designated beneficiary of such account at the death of the account beneficiary, such health savings account shall be treated as if the designated beneficiary were the account beneficiary.''. (b) Qualified Medical Expenses.--So much of subparagraph (A) of section 223(d)(2) of the Internal Revenue Code of 1986 as precedes ``Such term'' is amended to read as follows: ``(A) In general.--The term `qualified medical expenses' means amounts paid for medical care (as defined in section 213(d)), but only to the extent such amounts are not compensated for by insurance or otherwise.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 7. CERTAIN PHYSICIAN FEES TO BE TREATED AS MEDICAL CARE. (a) In General.--Section 213(d) of the Internal Revenue Code of 1986 is amended by redesignating paragraph (4) as paragraph (5) and by inserting after paragraph (3) the following new paragraph: ``(4) Pre-paid physician fees.--The term `medical care' shall include amounts paid by patients to their primary physician in advance for the right to receive medical services on an as-needed basis.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 8. SPECIAL RULE FOR CERTAIN MEDICAL EXPENSES INCURRED BEFORE ESTABLISHMENT OF ACCOUNT. (a) In General.--Section 223(d) of the Internal Revenue Code of 1986, as amended by the preceding provisions of this Act, is amended by redesignating paragraph (5) as paragraph (6) and by inserting after paragraph (4) the following new paragraph: ``(5) Treatment of account established before tax return due for tax year.--For purposes of this section, if, before the time prescribed by law for filing the return of tax for a taxable year (not including extensions thereof), a taxpayer-- ``(A) establishes a health savings account, ``(B) makes contributions to a health savings account on account of such taxable year, or ``(C) makes payments or distributions from a health savings account for such taxable year, the health savings account shall be deemed to be established on the last day of such taxable year and such contributions and distributions shall be deemed to have been made on account of such taxable year if the taxpayer elects the application of this paragraph for such taxable year.''. (b) Conforming Amendment.--Section 223(d)(6) of such Code, as redesignated by subsection (a), is amended by striking subparagraph (B) and redesignating subparagraphs (C) through (E) as subparagraphs (B) through (D), respectively. (c) Effective Date.--The amendments made by this section shall apply with respect to health savings accounts established, and contributions to and distributions from health savings accounts after, the date of the enactment of this Act. SEC. 9. MEDICARE RECIPIENTS MADE ELIGIBLE FOR HSAS. (a) Medicare Recipients May Contribute to HSAs.--Section 223(b) of the Internal Revenue Code of 1986 is amended by striking paragraph (7). (b) Medicare Beneficiaries Participating in Medicare Advantage MSA May Contribute Their Own Money to Their MSA.--Section 138(b) of such Code is amended by striking paragraph (2) and by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 10. FSA FUNDS MAY BE USED FOR LONG-TERM CARE INSURANCE PREMIUMS. (a) In General.--Subsection (c) of section 106 of the Internal Revenue Code of 1986 is amended by redesignating paragraph (2) as paragraph (3) and by amending so much of such subsection as precedes such paragraph (3) to read as follows: ``(c) Long-Term Care Benefits Provided Through Flexible Spending Arrangements.-- ``(1) In general.--Gross income of an employee shall not include employer-provided coverage for qualified long-term care services (as defined in section 7702B(c)) to the extent that such coverage is provided through a flexible spending or similar arrangement. ``(2) Premiums for long-term care.--Qualified medical expenses for which reimbursement may be made by distributions from a flexible spending arrangement shall include amounts paid for long-term care coverage.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 11. REPEAL OF LIMITATION ON DEDUCTIONS MAKING NON-PRESCRIPTION DRUGS NON-QUALIFYING DISTRIBUTIONS FROM TAX-PREFERRED ACCOUNTS. (a) HSAs.--Section 223(d)(2)(A) of the Internal Revenue Code of 1986 is amended by striking the last sentence. (b) Archer MSAs.--Section 220(d)(2)(A) of such Code is amended by striking the last sentence. (c) Health Flexible Spending Arrangements and Health Reimbursement Arrangements.--Section 106 of such Code is amended by striking subsection (f). (d) Effective Dates.-- (1) Distributions from savings accounts.--The amendments made by subsections (a) and (b) shall apply to amounts paid with respect to taxable years beginning after the date of the enactment of this Act. (2) Reimbursements.--The amendment made by subsection (c) shall apply to expenses incurred with respect to taxable years beginning after the date of the enactment of this Act. SEC. 12. REPEAL OF ADDITIONAL TAX FROM DISTRIBUTIONS FROM HSAS AND MSAS. (a) HSAs.--Section 223(f)(4)(A) of the Internal Revenue Code of 1986 is amended by striking ``20 percent'' and inserting ``10 percent''. (b) Archer MSAs.--Section 220(f)(4)(A) of such Code is amended by striking ``20 percent'' and inserting ``15 percent''. (c) Effective Date.--The amendments made by this section shall apply to distributions made after the date of the enactment of this Act. SEC. 13. REPEAL OF LIMITATION ON HEALTH FLEXIBLE SPENDING ARRANGEMENTS UNDER CAFETERIA PLANS. (a) In General.--Section 125 of the Internal Revenue Code of 1986 is amended-- (1) by striking subsection (i), and (2) by redesignating subsections (j), (k), and (l) as subsections (i), (j), and (k), respectively. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. | Helping Save Americans' Health Care Choices Act of 2015 This bill amends the Internal Revenue Code, with respect to health savings accounts (HSAs), to: eliminate the requirement that a participant in an HSA be enrolled in a high deductible health care plan; increase the maximum contribution amount to an HSA; permit both spouses in an HSA to make catch-up contributions to the same account; allow the use of HSAs to pay health insurance premiums and long-term care insurance premiums; treat fees paid in advance for the right to receive medical services as a deductible medical expense; permit Medicare recipients to participate in HSAs; repeal the restriction on payments from HSAs for nonprescription drugs; repeal the additional tax on distributions from HSAs and Archer Medical Savings Accounts; and repeal the $2,500 limitation on salary reduction contributions to a health flexible spending arrangement under a cafeteria plan. |
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