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SECTION 1. SHORT TITLE. This Act may be cited as the ``Medical-Legal Partnership for Health Act''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress finds the following: (1) Numerous studies and reports, including the annual National Healthcare Disparities Report and Unequal Treatment, the 2002 Institute of Medicine Report, document the extensiveness to which vulnerable populations suffer from health disparities across the country. (2) These studies have found that, on average, racial and ethnic minorities and low-income populations are disproportionately afflicted with chronic and acute conditions such as asthma, cancer, diabetes, and hypertension and suffer worse health outcomes, worse health status, and higher mortality rates. (3) Several recent studies also show that health and healthcare quality are a function of not only access to healthcare, but also the social determinants of health, including the environment, the physical structure of communities, socio-economic status, nutrition, educational attainment, employment, race, ethnicity, geography, and language preference, that directly and indirectly affect the health, healthcare, and wellness of individuals and communities. (4) Formally integrating medical and legal professionals in the health setting can more effectively address the health needs of vulnerable populations and ultimately reduce health disparities. (5) All over the United States, healthcare providers who take care of low-income individuals and families are partnering with legal professionals to assist them in providing better quality of healthcare. (6) Medical-legal partnerships integrate lawyers in a health setting to help patients navigate the complex government, legal, and service systems in addressing social determinants of health, such as income supports for food insecure families and mold removal from the home of asthmatics. (b) Purposes.--The purposes of this Act are to-- (1) support and advance opportunity for medical-legal partnerships to be more fully integrated in healthcare settings nationwide; (2) to improve the quality of care for vulnerable populations by reducing health disparities among health disparities populations and addressing the social determinants of health; and (3) identify and develop cost-effective strategies that will improve patient outcomes and realize savings for healthcare systems. SEC. 3. MEDICAL-LEGAL PARTNERSHIPS. (a) In General.--The Secretary of Health and Human Services shall establish a nationwide demonstration project consisting of-- (1) awarding grants to, and entering into contracts with, medical-legal partnerships to assist patients and their families to navigate programs and activities; and (2) evaluating the effectiveness of such partnerships. (b) Technical Assistance.-- (1) In general.--The Secretary may, directly or through grants or contracts, provide technical assistance to grantees under subsection (a)(1) or through a national organization described in paragraph (2) to support the establishment and sustainability of medical-legal partnerships. Not to exceed 5 percent of the amount appropriated to carry out this section in a fiscal year may be used for purposes of this subsection. (2) National organization described.--A national organization described in this paragraph is a national organization experienced in bringing together both the medical and legal professions on behalf of vulnerable populations. (c) Use of Funds.--Amounts received as a grant or pursuant to a contract under this section shall be used to assist patients and their families to navigate health-related programs and activities for purposes of achieving one or more of the following goals: (1) Enhancing access to health care services. (2) Improving health outcomes for low-income individuals, as defined in subsection (h). (3) Reducing health disparities among health disparities populations. (4) Enhancing wellness and prevention of chronic conditions and other health problems. (5) Reducing cost of care to the healthcare system. (6) Addressing the social determinants of health. (7) Addressing situational factors that contribute to poor health, such as poor housing. (d) Application.--To be eligible to receive a grant or contract under this section, an entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including information demonstrating that the applicant has experience in bridging the medical and legal professions or a strategy or plan for cultivating and building medical-legal partnerships. (e) Matching Requirement.--For each fiscal year, the Secretary may not award a grant or contract under this section to an entity unless the entity agrees to make available non-Federal contributions (which may include in-kind contributions) toward the costs of a grant or contract awarded under this section in an amount that is not less than $1 for each $10 of Federal funds provided under the grant or contract. (f) Prohibition.--No funds under this section may be used-- (1) for any medical malpractice action or proceeding; (2) to provide any State or local public benefit (as defined in section 411(c) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1621(c)) to an alien who is not-- (A) a qualified alien (as defined in section 431 of the Immigration and Nationality Act); (B) a nonimmigrant under the Immigration and Nationality Act; or (C) an alien who is paroled into the United States under section 212(d)(5) of such Act for less than one year; or (3) to provide legal assistance with respect to any proceeding or litigation which seeks to procure an abortion or to compel any individual or institution to perform an abortion, or assist in the performance of an abortion. (g) Reports.-- (1) Final report by secretary.--Not later than 6 months after the date of the completion of the demonstration project under this section, the Secretary shall conduct a study of the results of the project and submit to the Congress a report on such results that includes the following: (A) An evaluation of the project outcomes, including-- (i) a description of the extent to which medical-legal partnerships funded through this section achieved the purposes described in section 2(b); (ii) quantitative and qualitative analysis of baseline and benchmark measures of the project's impact as delineated under subsection (c); and (iii) aggregate information about the individuals served and project activities. (B) Recommendations on whether the activities funded under this section could be used to improve patient outcomes in other public health areas. (2) Interim reports by secretary.--The Secretary may provide interim reports to the Congress on the demonstration project under this section at such intervals as the Secretary determines to be appropriate. (3) Reports by grantees.--The Secretary may require each recipient of a grant or contract under this section to submit interim and final reports on the activities carried out by such recipient with such grant. (h) Definitions.--In this section: (1) The term ``health disparities populations'' has the meaning given such term in section 485E(d) of the Public Health Service Act. (2) The term ``low-income individuals'' refers to the population of individuals and families who earn up to 200 percent of the Federal poverty level applicable to the size of the family involved. (3) The term ``medical-legal partnership'' means an entity-- (A) that is a partnership between-- (i) a community health center, public hospital, children's hospital, or other provider of health care services to a significant number of low-income individuals; and (ii) one or more legal professionals; and (B) whose primary mission is to assist patients and their families navigate health-related programs, activities, and services through the provision of relevant civil legal assistance on-site in the healthcare setting involved, in conjunction with regular training for healthcare staff and providers regarding the connections between legal interventions, social determinants, and health of low-income individuals. (4) The term ``Secretary'' means the Secretary of Health and Human Services. (i) Funding.-- (1) Authorization of appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary, but not to exceed $10,000,000, for each of the fiscal years 2011 through 2015. (2) Limitation.--Of the amounts appropriated pursuant to paragraph (1) for a fiscal year, the Secretary may obligate not more than 5 percent for the administrative expenses of the Secretary in carrying out this section. | Medical-Legal Partnership for Health Act - Directs the Secretary of Health and Human Services (HHS) to establish a nationwide demonstration project to: (1) award matching grants or enter into contracts with medical-legal partnerships to assist patients and their families in navigating health-related programs and activities; and (2) evaluate the effectiveness of such partnerships. Authorizes the Secretary to provide technical assistance to grantees to support the establishment and sustainability of medical-legal partnerships. Requires amounts received under this Act to be used to achieve one or more of the following goals: (1) enhancing access to health care services; (2) improving health outcomes for low-income individuals; (3) reducing health disparities among health disparities populations; (4) enhancing wellness and prevention of chronic conditions and other health problems; (5) reducing cost of care to the health care system; (6) addressing the social determinants of health; and (7) addressing situational factors that contribute to poor health, such as poor housing. Prohibits funds under this Act from being used: (1) for any medical malpractice action or proceeding; (2) to provide any state or local public benefit to an alien who is not a qualified alien or a nonimmigrant under the Immigration and Nationality Act or an alien who is paroled into the United States under such Act for less than one year; or (3) to provide legal assistance with respect to any proceeding or litigation which seeks to procure an abortion or to compel any individual or institution to perform or assist in the performance of an abortion. Requires the Secretary to study and report to Congress on the results of such project. |
SECTION 1. CONSOLIDATION. (a) Mandatory Assessment and Consolidation.--Subsection (h) of section 1414 of the Safe Drinking Water Act (42 U.S.C. 300g-3) is amended by adding at the end the following: ``(3) Authority for mandatory assessment and mandatory consolidation.-- ``(A) Mandatory assessment.--A State with primary enforcement responsibility or the Administrator (if the State does not have primary enforcement responsibility) may require the owner or operator of a public water system to assess options for consolidation, or transfer of ownership of the system, as described in paragraph (1), if-- ``(i) the public water system has repeatedly failed to comply with one or more national primary drinking water regulations; ``(ii) such consolidation or transfer is feasible; and ``(iii) such consolidation or transfer could result in greater compliance with national primary drinking water regulations. ``(B) Mandatory consolidation.--A State with primary enforcement responsibility or the Administrator (if the State does not have primary enforcement responsibility) may require the owner or operator of a public water system to submit a plan for consolidation, or transfer of ownership of the system, as described in paragraph (1), and complete the actions required under such plan if-- ``(i) the owner or operator of the public water system completed the assessment required under paragraph (A), but did not complete consolidation or transfer of ownership; ``(ii) since completing such assessment, the public water system has failed to comply with one or more national primary drinking water regulations; and ``(iii) such consolidation or transfer is feasible. ``(C) Regulations.--Not later than 2 years after the date of enactment of this paragraph, the Administrator shall promulgate regulations to implement this paragraph. ``(4) Financial assistance.--Notwithstanding section 1452(a)(3), public water systems undertaking consolidation or transfer of ownership pursuant to this section may receive assistance under section 1452 to carry out such consolidation or transfer. ``(5) Protection of non-responsible system.-- ``(A) Identification of liabilities.--An owner or operator of a public water system submitting a plan pursuant to this section shall identify as part of such plan-- ``(i) any potential liability for damages arising from each specific violation identified in the plan of which the owner or operator is aware or should be aware; and ``(ii) any funds or other assets available to satisfy such liability that are available, as of the date of submission of such plan, to the public water system that committed such violation. ``(B) Reservation of funds.--A public water system that has completed consolidation with another public water system pursuant to a plan approved or required pursuant to this section shall not be liable in a civil action for any damages arising from a specific violation identified in such plan, except to the extent to which funds or other assets are identified pursuant to subparagraph (A)(ii) as available to satisfy such liability.''. (b) Retention of Primary Enforcement Authority.-- (1) In general.--Section 1413(a) of the Safe Drinking Water Act (42 U.S.C. 300g-2(a)) is amended-- (A) in paragraph (5), by striking ``; and'' and inserting a semicolon; (B) by redesignating paragraph (6) as paragraph (7); and (C) by inserting after paragraph (5) the following new paragraph: ``(6) has adopted and is implementing procedures for requiring public water systems to assess options for, and complete, consolidation or transfer of ownership, in accordance with the regulations issued by the Administrator to implement section 1414(i)(3); and''. (2) Conforming amendment.--Section 1413(b)(1) of the Safe Drinking Water Act (42 U.S.C. 300g-2(b)(1)) is amended by striking ``of paragraphs (1), (2), (3), and (4)''. | This bill amends the Safe Drinking Water Act to authorize states and the Environmental Protection Agency to require public water systems that have repeatedly failed to comply with drinking water standards to assess options for consolidation. Public water systems are eligible for financial assistance to assist with undertaking consolidation activities. Additionally, the bill provides liability protection for compliant public water systems that consolidate with non-compliant systems. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Animal Fighting Prohibition Enforcement Act''. SEC. 2. ENFORCEMENT OF ANIMAL FIGHTING PROHIBITIONS UNDER THE ANIMAL WELFARE ACT. (a) In General.--Section 26 of the Animal Welfare Act (7 U.S.C. 2156) is amended-- (1) by redesignating subsections (c) through (h) as subsections (d) through (i), respectively; (2) by inserting after subsection (b) the following: ``(c) Sharp Instruments.--It shall be unlawful for any person to knowingly sell, buy, transport, or deliver in interstate or foreign commerce a knife, a gaff, or any other sharp instrument attached, or designed or intended to be attached, to the leg of a bird for use in an animal fighting venture.''; (3) in subsection (e) (as redesignated by paragraph (1)), by striking ``(c)'' and inserting ``(d)''; (4) in subsection (f) (as redesignated by paragraph (1))-- (A) by striking ``(a), (b), or (c)'' and inserting ``(a), (b), (c), or (d)''; and (B) by striking ``1 year'' and inserting ``2 years''; (5) by striking subsection (g) (as redesignated by paragraph (1)) and inserting the following: ``(g) Investigations.-- ``(1) In general.--The Secretary or any person authorized by the Secretary shall make such investigations as the Secretary considers necessary to determine whether any person has violated or is violating any provision of this section. ``(2) Assistance.--Through cooperative agreements, the Secretary may obtain the assistance of the Federal Bureau of Investigation, the Department of the Treasury, and other law enforcement agencies of the United States and of State, tribal, and local governmental agencies in the conduct of an investigation under paragraph (1). ``(3) Warrants.-- ``(A) Issuance.--A judge of the United States, United States magistrate judge, or judge of a State or tribal court of competent jurisdiction in the district in which is located an animal, paraphernalia, instrument, or other property or thing that there is probable cause to believe was involved, is about to be involved, or is intended to be involved in a violation of this section shall issue a warrant to search for and seize the animal or other property or thing. ``(B) Application; execution.--A United States marshal or any person authorized under this section to conduct an investigation may apply for and execute a warrant issued under subparagraph (A), and any animal, paraphernalia, instrument, or other property or thing seized under such a warrant shall be held by the authorized person pending disposition of the animal, paraphernalia, instrument, or other property or thing by a court in accordance with this subsection. ``(4) Storage of animals.-- ``(A) In general.--An animal seized by a United States marshal or other authorized person under paragraph (3) shall be taken promptly to an animal housing facility in which the animal shall be stored humanely. ``(B) No facility available.--If there is not available a suitable animal storage facility sufficient in size to hold all of the animals involved in a violation, a United States marshal or other authorized person shall-- ``(i) seize a representative sample of the animals for evidentiary purposes to be transported to an animal storage facility in which the animals shall be stored humanely; and ``(ii)(I) keep the remaining animals at the location where the animals were seized; ``(II) provide for the humane care of the animals; and ``(III) cause the animals to be banded, tagged, or marked by microchip and photographed or videotaped for evidentiary purposes. ``(5) Care.--While a seized animal is held in custody, a United States marshal or other authorized person shall ensure that the animal is provided necessary care (including housing, feeding, and veterinary treatment). ``(6) Forfeiture.-- ``(A) In general.--Any animal, paraphernalia, instrument, vehicle, money, or other property or thing involved in a violation of this section shall be liable to be proceeded against and forfeited to the United States at any time on complaint filed in any United States district court or other court of the United States for any jurisdiction in which the animal, paraphernalia, instrument, vehicle, money, or other property or thing is found. ``(B) Disposition.--On entry of a judgment of forfeiture, a forfeited animal shall be disposed of by humane means, as the court may direct. ``(C) Costs.--Costs incurred by the United States for care of an animal seized and forfeited under this section shall be recoverable from the owner of the animal-- ``(i) in the forfeiture proceeding, if the owner appears in the forfeiture proceeding; or ``(ii) in a separate civil action brought in the jurisdiction in which the owner is found, resides, or transacts business. ``(D) Claim to property.-- ``(i) In general.--The owner, custodian, or other person claiming an interest in a seized animal may prevent disposition of the animal by posting, or may be ordered by any United States district court or other court of the United States, or by any tribal court, for any jurisdiction in which the animal is found to post, not later than 10 days after the animal is seized, a bond with the court in an amount sufficient to provide for the care of the animal (including housing, feeding, and veterinary treatment) for not less than 30 days. ``(ii) Renewal.--The owner, custodian, or other person claiming an interest in a seized animal may renew a bond, or be ordered to renew a bond, by posting a new bond, in an amount sufficient to provide for the care of the animal for at least an additional 30 days, not later than 10 days after the expiration of the period for which a previous bond was posted. ``(iii) Disposition.--If a bond expires and is not renewed, the animal may be disposed of as provided in subparagraph (A). ``(7) Euthanization.--Notwithstanding paragraphs (1) through (6), an animal may be humanely euthanized if a veterinarian determines that the animal is suffering extreme pain.''; and (6) in subsection (h) (as redesignated by paragraph (1))-- (A) in subparagraphs (A) and (B) of paragraph (2), by inserting before the semicolon the following: ``(including a movement to, from, or within land under the jurisdiction of an Indian tribe)''; and (B) in paragraph (3), by striking ``telephone, radio, or television'' and inserting ``telephone, the Internet, radio, television, or any technology''. (b) Authorization of Appropriations.--Section 23 of the Animal Welfare Act (7 U.S.C. 2153) is amended-- (1) by striking ``Sec. 23. The Secretary'' and inserting the following: ``SEC. 23. FEES; AUTHORIZATION OF APPROPRIATIONS. ``(a) Fees.--The Secretary''; and (2) by striking the third sentence and inserting the following: ``(b) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this Act.''. (c) Effective Date.--The amendments made by this section take effect on the later of-- (1) the date of enactment of this Act; or (2) May 13, 2003. | Animal Fighting Prohibition Enforcement Act - Amends the Animal Welfare Act to increase the imprisonment penalty for animal fighting violations from one year to two years. Makes it unlawful to sell, buy, transport, or deliver in interstate or foreign commerce a knife, gaff, or other sharp instrument used in a bird-fighting venture.Revises enforcement provisions. Permits euthanasia for an animal in extreme pain.Includes the Internet or any technology as interstate instrumentality. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Reservists and Guardsmen Pay Protection Act of 2002''. SEC. 2. NONREDUCTION IN PAY WHILE FEDERAL EMPLOYEE IS PERFORMING ACTIVE SERVICE IN THE UNIFORMED SERVICES OR NATIONAL GUARD. (a) In General.--Subchapter IV of chapter 55 of title 5, United States Code, is amended by adding at the end the following: ``Sec. 5538. Nonreduction in pay while serving in the uniformed services or National Guard ``(a) An employee who is absent from a position of employment with the Federal Government in order to perform service in the uniformed services or the National Guard shall be entitled to receive, for each pay period described in subsection (b), an amount equal to the amount by which-- ``(1) the amount of basic pay which would otherwise have been payable to such employee for such pay period if such employee's civilian employment with the Government had not been interrupted by that service, exceeds (if at all) ``(2) the amount of pay and allowances which (as determined under subsection (d))-- ``(A) is payable to such employee for that service; and ``(B) is allocable to such pay period. ``(b)(1) Amounts under this section shall be payable with respect to each pay period (which would otherwise apply if the employee's civilian employment had not been interrupted)-- ``(A) during which such employee is entitled to reemployment rights under chapter 43 of title 38 with respect to the position from which such employee is absent (as referred to in subsection (a)); and ``(B) for which such employee does not otherwise receive basic pay (including by taking any annual, military, or other paid leave) to which such employee is entitled by virtue of such employee's civilian employment with the Government. ``(2) For purposes of this section, the period during which an employee is entitled to reemployment rights under chapter 43 of title 38-- ``(A) shall be determined disregarding the provisions of section 4312(d) of title 38; and ``(B) shall include any period of time specified in section 4312(e) of title 38 within which an employee may report or apply for employment or reemployment following completion of service in the uniformed services or National Guard. ``(c) Any amount payable under this section to an employee shall be paid-- ``(1) by such employee's employing agency; ``(2) from the appropriation or fund which would be used to pay the employee if such employee were in a pay status; and ``(3) to the extent practicable, at the same time and in the same manner as would basic pay if such employee's civilian employment had not been interrupted. ``(d) The Office of Personnel Management shall, in consultation with Secretary of Defense, prescribe any regulations necessary to carry out the preceding provisions of this section. ``(e)(1) The head of each agency referred to in section 2302(a)(2)(C)(ii) shall, in consultation with the Office, prescribe procedures to ensure that the rights under this section apply to the employees of such agency. ``(2) The Administrator of the Federal Aviation Administration shall, in consultation with the Office, prescribe procedures to ensure that the rights under this section apply to the employees of that agency. ``(f) For purposes of this section-- ``(1) the terms `employee', `Federal Government', and `uniformed services' have the same respective meanings as given them in section 4303 of title 38; ``(2) the term `service in the uniformed services' has the meaning given that term in section 4303 of title 38 and includes duty performed by a member of the National Guard under section 502(f) of title 32 at the direction of the Secretary of the Army or Secretary of the Air Force; ``(3) the term `employing agency', as used with respect to an employee entitled to any payments under this section, means the agency or other entity of the Government (including an agency referred to in section 2302(a)(2)(C)(ii)) with respect to which such employee has reemployment rights under chapter 43 of title 38; and ``(4) the term `basic pay' includes any amount payable under section 5304.''. (b) Clerical Amendment.--The table of sections for chapter 55 of title 5, United States Code, is amended by inserting after the item relating to section 5537 the following: ``5538. Nonreduction in pay while serving in the uniformed services or National Guard.''. (c) Effective Date.--The amendments made by this section shall apply with respect to pay periods (as described in section 5538(b) of title 5, United States Code, as amended by this section) beginning on or after September 11, 2001. SEC. 3. READY RESERVE-NATIONAL GUARD EMPLOYEE CREDIT ADDED TO GENERAL BUSINESS CREDIT. (a) Ready Reserve-National Guard Credit.--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. 45G. READY RESERVE-NATIONAL GUARD EMPLOYEE CREDIT. ``(a) General Rule.--For purposes of section 38, the Ready Reserve- National Guard employee credit determined under this section for the taxable year is an amount equal to 50 percent of the actual compensation amount for the taxable year. ``(b) Definition of Actual Compensation Amount.--For purposes of this section, the term `actual compensation amount' means the amount of compensation paid or incurred by an employer with respect to a Ready Reserve-National Guard employee on any day during a taxable year when the employee was absent from employment for the purpose of performing qualified active duty. ``(c) Limitations.-- ``(1) Maximum time.--The maximum period of time in which the credit may be used shall not exceed 12 months. ``(2) Days other than work days.--No credit shall be allowed with respect to a Ready Reserve-National Guard employee who performs qualified active duty on any day on which the employee was not scheduled to work (for reason other than to participate in qualified active duty). ``(d) Definitions.--For purposes of this section-- ``(1) Qualified active duty.--The term `qualified active duty' means-- ``(A) active duty, other than the training duty specified in section 10147 of title 10, United States Code (relating to training requirements for the Ready Reserve), or section 502(a) of title 32, United States Code (relating to required drills and field exercises for the National Guard), in connection with which an employee is entitled to reemployment rights and other benefits or to a leave of absence from employment under chapter 43 of title 38, United States Code, and ``(B) hospitalization incident to such duty. ``(2) Compensation.--The term `compensation' means any remuneration for employment, whether in cash or in kind, which is paid or incurred by a taxpayer and which is deductible from the taxpayer's gross income under section 162(a)(1). ``(3) Ready reserve-national guard employee.--The term `Ready Reserve-National Guard employee' means an employee who is a member of the Ready Reserve or of the National Guard. ``(4) National guard.--The term `National Guard' has the meaning given such term by section 101(c)(1) of title 10, United States Code. ``(5) Ready reserve.--The term `Ready Reserve' has the meaning given such term by section 10142 of title 10, United States Code.''. (b) Credit To Be Part of General Business Credit.--Subsection (b) of section 38 of such Code (relating to general business credit) is amended by striking ``plus'' at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(16) the Ready Reserve-National Guard employee credit determined under section 45G(a).''. (c) Conforming Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 45F the following new item: ``Sec. 45G. Ready Reserve-National Guard employee credit.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001. | Reservists and Guardsmen Pay Protection Act of 2002 - Entitles a person who is absent from his or her position of Federal employment to perform service in the uniformed services or the National Guard to receive from his or her agency an amount that, when added to the pay and allowances for such service, equals the basic pay for such period of service.Amends the Internal Revenue Code to provide that, for purposes of the general business credit, the Ready Reserve-National Guard employee credit for any taxable year is 50 percent of the actual compensation amount for the taxable year. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Accelerating Action in Maternal and Child Health Act of 2014''. SEC. 2. PURPOSE. The purpose of this Act is to provide tools for the United States Government to use to accelerate the reduction of preventable maternal, newborn, and child deaths in 24 United States Agency for International Development (USAID) focus countries by 2020, saving 15,000,000 children and 600,000 mothers. SEC. 3. FINDINGS. Congress makes the following findings: (1) Over the past 2 decades, child mortality has reduced by nearly 50 percent and maternal mortality has reduced by 40 percent, thanks in large part to United States Government action and intervention. (2) In the last 3 years, 24 priority countries--of which 16 are in Africa--have achieved an 8 percent reduction in under-5 mortality, saving 500,000 lives. (3) The report ``Acting on the Call: Ending Preventable Child and Maternal Deaths'' developed by USAID provides a critical foundation of evidence, knowledge, modeling, and policy development on ending maternal, newborn, and child deaths worldwide. (4) To achieve Millennium Development Goal 4--to reduce child mortality by \2/3\ between 1990 and 2015--on time, the global annual rate of reduction in under-5 mortality would need to rise to 15.6 percent from 2012 through 2015, much faster than the 3.9 percent achieved from 2005 through 2012. (5) According to the World Health Organization (WHO), every year 6,600,000 children under the age of 5--primarily infants-- die from preventable or treatable causes, and more than 800 women die every day from complications during pregnancy and childbirth. (6) The vast majority of these deaths occur in the developing world and countries in Africa have the highest burden. (7) The highest rates of child mortality are still in sub- Saharan Africa, with an under-5 mortality rate of 98 deaths per 1,000 live births--more than 15 times the average for developed regions. (8) Investing in women and children reduces poverty, stimulates economic growth, and most importantly, saves lives. (9) Health products, such as vaccines and treatments, have contributed significantly to recent successes in child and maternal survival globally. New approaches and technologies are critically needed to accelerate progress toward ending preventable maternal and child deaths. (10) The WHO identifies the following leading causes of maternal, newborn, and child mortality: (A) Leading causes of maternal mortality in low- income countries include post-partum bleeding, infection, and hypertension. (B) Newborn deaths account for approximately 44 percent of deaths among children under age 5 and are predominantly caused by infections, premature birth, and asphyxia. (C) Most deaths of children under the age of 5 are a result of preventable causes, such as respiratory infections (commonly from pneumonia), diarrhea, and malaria. (D) Malnutrition is the underlying contributing factor in about 45 percent of all child deaths, making children more vulnerable to severe diseases. SEC. 4. STATEMENT OF POLICY. It is the policy of the United States, in partnership with host governments, international financial institutions, nongovernmental organizations, faith-based organizations, and the private sector, to establish a comprehensive, coordinated, integrated strategy to combat the leading causes of maternal, newborn, and child mortality globally by-- (1) building on progress and success to date; (2) scaling up the most effective evidence-based interventions with a focus on country ownership; (3) focusing on USAID's 24 priority countries; (4) streamlining existing resources and scaling up increased targeted resources; (5) increasing transparency and accountability; and (6) creating innovative new public-private financing mechanisms. SEC. 5. STRATEGY. (a) In General.--The President shall establish a strategy to accelerate action in each of the 24 priority countries set forth in section 7, building on the evidence outlined in USAID's ``Acting on the Call: Ending Preventable Child and Maternal Deaths''. The strategy will use the current modeling and data that outlines the most proven effective interventions. The strategy shall further strengthen the capability of the United States to be an effective leader in maternal, newborn, and child health, particularly in Africa, and will be a first step toward a broader, concerted effort to end maternal, newborn, and child deaths worldwide. (b) Elements.--The strategy established under subsection (a) shall-- (1) include specific objectives, multisectoral approaches, and specific strategies to address the leading causes of death among mothers during pregnancy, childbirth, and post-delivery; newborns in their first 28 days; and children under the age of 5; (2) clarify the responsibilities of the country, the implementing organization, and the United States in the achievement of such objectives; (3) include regular benchmarks to measure, where appropriate, progress toward achieving such objectives; (4) utilize data and modeling to implement the most effective interventions for saving 15,000,000 children and 600,000 mothers; (5) illustrate the result of coordination among relevant executive branch agencies, foreign governments, and international organizations; (6) provide projected levels of resources needed to achieve the stated objectives; (7) expand public-private partnerships for research and innovation and for leveraging resources in new and innovative ways; and (8) use open, fair, and competitive procedures wherever appropriate and possible in the administration, execution, and evaluation of the program. (c) Targeted Services.--The strategy established under subsection (a) should focus on the following evidence-based categories of intervention: (1) Safe motherhood and newborn survival, including-- (A) prenatal and postnatal care for mothers and newborns; (B) quality care during labor and delivery, including in emergencies; and (C) education on healthy timing and spacing of pregnancies. (2) Healthy households and schools, including Water, Sanitation, and Hygiene (WASH). (3) Nutrition, including-- (A) maternal and child nutrition during the first 1,000 days; and (B) prevention of maternal malnutrition. (4) Healthy childhood, including-- (A) vaccines for the leading causes of maternal, newborn, and child deaths; (B) prevention and treatment for pneumonia and diarrhea; (C) prevention of mother-to-child transmission of HIV (PMTCT); (D) prevention and treatment of malaria; and (E) capacity-building of health professionals. SEC. 6. ESTABLISHMENT OF AN INNOVATIVE PUBLIC-PRIVATE FINANCING MECHANISM. The United States Government shall establish a pilot program for innovative financing mechanisms for delivering maternal, newborn, and child health interventions in the 24 priority countries set forth in section 7 based on the specific recommendations outlined by the convening of high-level global experts at the 2014 United Nations General Assembly. The innovative financing framework will establish a method to mobilize capital for health utilizing tools, including loans and loan guarantees, volume guarantees, development impact bonds, or partner government taxes, levies, fees, and funds. SEC. 7. PRIORITY COUNTRIES. (a) In General.--Based on the global target list developed by USAID, the priority countries for receiving maternal and child health programming under this Act are the following: (1) Afghanistan. (2) Bangladesh. (3) The Democratic Republic of the Congo (DRC). (4) Ethiopia. (5) Ghana. (6) Haiti. (7) India. (8) Indonesia. (9) Kenya. (10) Liberia. (11) Madagascar. (12) Malawi. (13) Mali. (14) Mozambique. (15) Nepal. (16) Nigeria. (17) Pakistan. (18) Rwanda. (19) Senegal. (20) South Sudan. (21) Tanzania. (22) Uganda. (23) Yemen. (24) Zambia. (b) Eligibility Criteria.--The United States Government should give preference to applying mechanisms under this Act to the countries listed under subsection (a) that have reached or made progress towards 2001 Abuja Declaration commitments involving pledges to increase government funding for health to at least 15 percent within the next 5 years. A candidate country should be also considered to be an eligible country by demonstrating a commitment to-- (1) peaceful and democratic governance; (2) civil society engagement; (3) economic freedom; and (4) investments in the people of such country, particularly in maternal, newborn, and child health. SEC. 8. PROGRESS REPORT. Beginning 2 years after the date of the enactment of this Act, the President shall provide an annual progress report to Congress on activities under this Act, including-- (1) data on mechanisms implemented under this Act, including a description of how they are designed, managed, and monitored and evaluated; (2) how many mechanisms are implemented and where; and (3) the results of implementation of such mechanisms, and recommendations for improving these mechanisms to ensure future growth and success. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act such sums as may be necessary for each of fiscal years 2015 through 2019, to remain available until expended. | Accelerating Action in Maternal and Child Health Act of 2014 - Directs the President to establish a strategy to: accelerate action in each of the priority countries listed in this Act to combat the leading causes of maternal, newborn, and child mortality; and strengthen the capability of the United States to be an effective leader in maternal, newborn, and child health, particularly in Africa, and in a broader effort to end maternal, newborn, and child deaths worldwide. Requires the United States to establish a pilot program for innovative financing mechanisms to deliver maternal, newborn, and child health interventions in such countries. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Endangered Species Listing and Delisting Process Reform Act of 1999''. SEC. 2. LISTING PROCESS REFORMS. (a) Best Scientific and Commercial Data Available.-- (1) In general.--Section 3 of the Endangered Species Act of 1973 (16 U.S.C. 1532) is amended-- (A) by striking the section heading and inserting the following: ``definitions and general provisions''; (B) by striking ``For the purposes of this Act--'' and inserting the following: ``(a) Definitions.--In this Act:''; and (C) by adding at the end the following: ``(b) General Provisions.--Where this Act requires the Secretary to use the best scientific and commercial data available, the Secretary shall obtain and use scientific or commercial data that is empirical or has been field-tested or peer-reviewed.''. (2) Conforming amendment.--The table of contents in the first section of the Endangered Species Act of 1973 (16 U.S.C. prec. 1531) is amended by striking the item relating to section 3 and inserting the following: ``Sec. 3. Definitions and general provisions.''. (b) Finding of Sufficient Biological Information To Support Recovery Planning.--Section 4(b) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)) is amended-- (1) in paragraph (1)(A), by adding at the end the following: ``The Secretary shall determine that a species is an endangered species or a threatened species only if the Secretary finds that there is sufficient biological information to support recovery planning for the species under subsection (f).''; and (2) in the first sentence of paragraph (3)(A), by inserting before the period at the end the following: ``and as to whether the petition presents sufficient biological information to support recovery planning for the species under subsection (f)''. (c) Petition Process.--Section 4(b)(3) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)(3)) is amended by adding at the end the following: ``(E) Listing petition information.--In the case of a petition to add a species to a list published under subsection (c), a finding that the petition presents the information described in subparagraph (A) shall not be made unless the petition provides-- ``(i) documentation from a published scientific source that the fish, wildlife, or plant that is the subject of the petition is a species; ``(ii) a description of the available data on the historical and current range and distribution of the species, an explanation of the methodology used to collect the data, and identification of the location where the data can be reviewed; ``(iii) an appraisal of the available data on the status and trends of all extant populations of the species; ``(iv) an appraisal of the available data on the threats to the species; ``(v) an identification of the information contained or referred to in the petition that has been peer-reviewed or field-tested; and ``(vi) a description of at least 1 study or credible expert opinion, from a person not affiliated with the petitioner, to support the action requested in the petition. ``(F) Notification to states.-- ``(i) Petitioned actions.--If a petition is found to present information described in subparagraph (A), the Secretary shall notify and provide a copy of the petition to the State agency of each State in which the species is believed to occur and solicit the assessment of the agency, to be submitted to the Secretary during a comment period ending 90 days after the date of notification, as to whether the petitioned action is warranted. ``(ii) Other actions.--If the Secretary has not received a petition to add a species to a list published under subsection (c) and the Secretary is considering proposing to list the species as an endangered species or a threatened species under subsection (a), the Secretary shall notify the State agency of each State in which the species is believed to occur and solicit the assessment of the agency, to be submitted to the Secretary during a comment period ending 90 days after the date of the notification, as to whether the listing would be in accordance with subsection (a). ``(iii) Consideration of state assessments.--Before publication of a finding described in subparagraph (A) that a petition is warranted, the Secretary shall consider any assessments submitted with respect to the species within the comment period established under clause (i) or (ii).''. (d) Improving Public Hearings in the Listing Process.-- (1) In general.--Section 4(b)(5) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)(5)) is amended by striking subparagraph (E) and inserting the following: ``(E) promptly hold at least 2 hearings in each State in which the species proposed for determination as an endangered species or a threatened species is located (including at least 1 hearing in an affected rural area if 1 or more rural areas within the State are affected by the determination), except that the Secretary may not be required to hold more than 10 hearings under this subparagraph with respect to the proposed regulation.''. (2) Definition of rural area.--Section 3(a) of the Endangered Species Act of 1973 (16 U.S.C. 1532(a)) (as amended by subsection (a)(1)(B)) is amended-- (A) by redesignating paragraphs (12) through (14) as paragraphs (11) through (13), respectively; and (B) by inserting before paragraph (15) the following: ``(14) Rural area.--The term `rural area' means a county or unincorporated area that has no city or town that has a population of more than 10,000 inhabitants.''. (3) Conforming amendment.--Section 7(n) of the Endangered Species Act of 1973 (16 U.S.C. 1536(n)) is amended in the first sentence by striking ``, as defined by section 3(13) of this Act,''. (e) Emergency Listing.--Section 4(b)(7) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)(7)) is amended by striking ``posing a significant risk to the well-being'' and inserting ``that poses an imminent threat to the continued existence''. (f) Other Listing Reforms.--Section 4(b) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)) is amended by adding at the end the following: ``(9) Availability of listing data.-- ``(A) In general.--Subject to subparagraph (B), upon publication of a proposed regulation determining that a species is an endangered species or a threatened species, the Secretary shall make publicly available-- ``(i) all information on which the determination is based, including all scientific studies and data underlying the studies; and ``(ii) all information relating to the species that the Secretary possesses and that does not support the determination. ``(B) Limitation.--Subparagraph (A) does not require disclosure of any information that-- ``(i) is not subject to section 552 of title 5, United States Code (commonly known as the `Freedom of Information Act'); or ``(ii) is prohibited from being disclosed under section 552a of title 5, United States Code (commonly known as the `Privacy Act'). ``(10) Establishment of criteria for scientific studies to support listing.--Not later than 1 year after the date of enactment of this paragraph, the Secretary shall promulgate regulations that establish criteria that must be met for scientific and commercial data to be used as the basis of a determination under this section that a species is an endangered species or a threatened species. ``(11) Field data.-- ``(A) Requirement.--The Secretary may not determine that a species is an endangered species or a threatened species unless the determination is supported by data obtained by observation of the species in the field. ``(B) Data from landowners.--The Secretary shall-- ``(i) accept and acknowledge receipt of data regarding the status of a species that is collected by the owner of land through observation of the species on the land; and ``(ii) include the data in the rulemaking record compiled for any determination that the species is an endangered species or a threatened species.''. SEC. 3. DEADLINE FOR DEVELOPMENT OF RECOVERY PLANS. Section 4(f) of the Endangered Species Act of 1973 (16 U.S.C. 1533(f)) is amended by adding at the end the following: ``(6) Deadline for development of recovery plans.--The Secretary shall-- ``(A) begin developing a recovery plan required for a species under paragraph (1) on the date of promulgation of the proposed regulation to implement a determination under subsection (a)(1) with respect to the species; and ``(B) issue a recovery plan in final form not later than the date of promulgation of the final regulation to implement the determination.''. SEC. 4. DELISTING. Section 4(f) of the Endangered Species Act of 1973 (16 U.S.C. 1533(f)) (as amended by section 3) is amended by adding at the end the following: ``(7) Effect of fulfillment of recovery plan criteria.-- ``(A) Change in status.--If the Secretary finds that the criteria of a recovery plan have been met for a change in status of the species covered by the recovery plan from an endangered species to a threatened species, or from a threatened species to an endangered species, the Secretary shall promptly publish in the Federal Register a notice of the change in status of the species. ``(B) Removal from listing.--If the Secretary finds that the criteria of a recovery plan have been met for the removal of the species covered by the recovery plan from a list published under subsection (c), the Secretary shall promptly publish in the Federal Register a notice of an intent to remove the species from the list.''. | Endangered Species Listing and Delisting Process Reform Act of 1999 - Amends the Endangered Species Act of 1973 to direct the Secretary of the Interior, when required under such Act to use the best scientific and commercial data available in the determination of a species for inclusion on the endangered or threatened list, to use data that is empirical or has been field-tested or peer-reviewed. Allows the Secretary to make such a determination only if there is sufficient biological information to support recovery planning for the species. Adds certain information required in a petition to add a species to the endangered or threatened list, including documentation of the species, a description of its range, and an appraisal of its status and threats. Requires the Secretary to notify and provide a copy of such petition to the State agency of each State in which the species is believed to occur and to solicit the assessment of such agency as to whether the petitioned action is warranted. Provides authorized actions by the Secretary when considering adding a species to such lists when no petition has been received. Requires the consideration of appropriate State assessments before final publication of a finding that a petition is warranted. Requires the Secretary to hold at least two (currently one) public hearings in each appropriate State before implementation of any final regulation to implement an endangered or threatened determination (but limits to ten the total number of such hearings with respect to each proposed regulation). Directs the Secretary, upon publication of a proposed regulation determining an endangered or threatened listing, to make publicly available all information on which the determination is based, as well as all information relating to the species that does not support such determination (with an exception for disclosures protected under the Freedom of Information Act or the Privacy Act). Directs the Secretary to establish criteria that must be met for scientific and commercial data to be used in a determination that a species is endangered or threatened. Requires such data to include field observation of the species involved. Requires the Secretary to accept and use data collected by landowners. Directs the Secretary to: (1) begin developing a recovery plan for an endangered or threatened species on the date of promulgation of the proposed regulation for such determination; and (2) issue such plan no later than the date of final promulgation of such regulation. Requires the Secretary, if he finds that the criteria of a recovery plan has been met for a: (1) change of status of an endangered or threatened species, to publish a notice of such change in status; and (2) removal of a species covered by a plan from an endangered or threatened list, to publish a notice of an intent to remove such species from such list. |
SECTION 1. INCLUSION OF ALGAE-BASED BIOFUEL IN RENEWABLE FUEL PROGRAM. Section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)) is amended-- (1) in subparagraph (E) by adding at the end the following ``The term `cellulosic biofuel' also includes algae-based biofuel.'', and (2) by adding the following new subparagraph at the end thereof: ``(M) Algae-based biofuel.--The term `algae-based biofuel' means liquid fuel-- ``(i) derived from the biomass of single- or multi-cellular organisms which are inherently aquatic and classified as non- vascular plants (including microalgae, blue- green algae (cyanobacteria), and macroalgae (seaweeds)); and ``(ii) that has lifecycle greenhouse gas emissions, as determined by the Administrator, that are at least 60 percent less than the baseline lifecycle greenhouse gas emissions.''. SEC. 2. INCLUSION OF ALGAE-BASED BIOFUEL IN DEFINITION OF CELLULOSIC BIOFUEL. (a) Cellulosic Biofuel Producer Credit.-- (1) General rule.--Paragraph (4) of section 40(a) of the Internal Revenue Code of 1986 is amended by inserting ``and algae-based'' after ``cellulosic''. (2) Definitions.--Paragraph (6) of section 40(b) of such Code is amended-- (A) by inserting ``and algae-based'' after ``Cellulosic'' in the heading, (B) by striking subparagraph (A) and inserting the following: ``(A) In general.--The cellulosic and algae-based biofuel producer credit of any taxpayer is an amount equal to the applicable amount for each gallon of-- ``(i) qualified cellulosic biofuel production, and ``(ii) qualified algae-based biofuel production.'', (C) by redesignating subparagraphs (F), (G), and (H) as subparagraphs (I), (J), and (K), respectively, (D) by inserting ``and algae-based'' after ``cellulosic'' in the heading of subparagraph (I), as so redesignated, (E) by inserting ``or algae-based biofuel, whichever is appropriate,'' after ``cellulosic biofuel'' in subparagraph (J), as so redesignated, (F) by inserting ``and qualified algae-based biofuel production'' after ``qualified cellulosic biofuel production'' in subparagraph (K), as so redesignated, and (G) by inserting after subparagraph (E) the following new subparagraphs: ``(F) Qualified algae-based biofuel production.-- For purposes of this section, the term `qualified algae-based biofuel production' means any algae-based biofuel which is produced by the taxpayer, and which during the taxable year-- ``(i) is sold by the taxpayer to another person-- ``(I) for use by such other person in the production of a qualified algae- based biofuel mixture in such other person's trade or business (other than casual off-farm production), ``(II) for use by such other person as a fuel in a trade or business, or ``(III) who sells such algae-based biofuel at retail to another person and places such algae-based biofuel in the fuel tank of such other person, or ``(ii) is used or sold by the taxpayer for any purpose described in clause (i). The qualified algae-based biofuel production of any taxpayer for any taxable year shall not include any alcohol which is purchased by the taxpayer and with respect to which such producer increases the proof of the alcohol by additional distillation. ``(G) Qualified algae-based biofuel mixture.--For purposes of this paragraph, the term `qualified algae- based biofuel mixture' means a mixture of algae-based biofuel and gasoline or of algae-based biofuel and a special fuel which-- ``(i) is sold by the person producing such mixture to any person for use as a fuel, or ``(ii) is used as a fuel by the person producing such mixture. ``(H) Algae-based biofuel.--For purposes of this paragraph-- ``(i) In general.--The term `algae-based biofuel' means any liquid fuel, including gasoline, diesel, aviation fuel, and ethanol, which-- ``(I) is produced from the biomass of algal organisms, and ``(II) meets the registration requirements for fuels and fuel additives established by the Environmental Protection Agency under section 211 of the Clean Air Act (42 U.S.C. 7545). ``(ii) Algal organism.--The term `algal organism' means a single- or multi-cellular organism which is primarily aquatic and classified as a non-vascular plant, including microalgae, blue-green algae (cyanobacteria), and macroalgae (seaweeds). ``(iii) Exclusion of low-proof alcohol.-- Such term shall not include any alcohol with a proof of less than 150. The determination of the proof of any alcohol shall be made without regard to any added denaturants.''. (3) Conforming amendments.-- (A) Subparagraph (D) of section 40(d)(3) of such Code is amended-- (i) by inserting ``and algae-based'' after ``cellulosic'' in the heading, (ii) by inserting ``or (b)(6)(F)'' after ``(b)(6)(C)'' in clause (ii), and (iii) by inserting ``or algae-based'' after ``such cellulosic''. (B) Paragraph (6) of section 40(d) of such Code is amended-- (i) by inserting ``and algae-based'' after ``cellulosic'' in the heading, and (ii) by striking the first sentence and inserting ``No cellulosic and algae-based biofuel producer credit shall be determined under subsection (a) with respect to any cellulosic or algae-based biofuel unless such cellulosic or algae-based biofuel is produced in the United States and used as a fuel in the United States.''. (C) Paragraph (3) of section 40(e) of such Code is amended by inserting ``and algae-based'' after ``cellulosic'' in the heading. (D) Paragraph (1) of section 4101(a) of such Code is amended-- (i) by inserting ``or algae-based'' after ``cellulosic'', and (ii) by inserting ``and 40(b)(6)(H), respectively'' after ``section 40(b)(6)(E)''. (b) Special Allowance for Cellulosic Biofuel Plant Property.-- Subsection (l) of section 168 of the Internal Revenue Code of 1986 is amended-- (1) by inserting ``and Algae-based'' after ``Cellulosic'' in the heading, (2) by inserting ``and any qualified algae-based biofuel plant property'' after ``qualified cellulosic biofuel plant property'' in paragraph (1), (3) by redesignating paragraphs (4) through (8) as paragraphs (6) through (10), respectively, (4) by inserting ``or qualified algae-based biofuel plant property'' after ``cellulosic biofuel plant property'' in paragraph (7)(C), as so redesignated, (5) by striking ``with respect to'' and all that follows in paragraph (9), as so redesignated, and inserting ``with respect to any qualified cellulosic biofuel plant property and any qualified algae-based biofuel plant property which ceases to be such qualified property.'', (6) by inserting ``or qualified algae-based biofuel plant property'' after ``cellulosic biofuel plant property'' in paragraph (10), as so redesignated, and (7) by inserting after paragraph (3) the following new paragraphs: ``(4) Qualified algae-based biofuel plant property.--The term `qualified algae-based biofuel plant property' means property of a character subject to the allowance for depreciation-- ``(A) which is used in the United States solely to produce algae-based biofuel, ``(B) the original use of which commences with the taxpayer after December 31, 2008, ``(C) which is acquired by the taxpayer by purchase (as defined in section 179(d)) after December 31, 2008, but only if no written binding contract for the acquisition was in effect on or before such date, and ``(D) which is placed in service by the taxpayer before January 1, 2013. ``(5) Algae-based biofuel.-- ``(A) In general.--The term `algae-based biofuel' means any liquid fuel which is produced from the biomass of algal organisms. ``(B) Algal organism.--The term `algal organism' means a single- or multi-cellular organism which is primarily aquatic and classified as a non-vascular plant, including microalgae, blue-green algae (cyanobacteria), and macroalgae (seaweeds).''. (c) Effective Dates.-- (1) Cellulosic biofuel producer credit.--The amendments made by subsection (a) shall apply to fuel produced after December 31, 2008. (2) Special allowance for cellulosic biofuel plant property.--The amendments made by subsection (b) shall apply to property purchased and placed in service after December 31, 2008. | Amends the Clean Air Act to include algae-based biofuel in the renewable fuel program. Defines "algae-based biofuel," for purposes of such Act, as liquid fuel derived from the biomass of single- or multi-cellular organisms which are inherently aquatic and classified as non-vascular plants and that have lifecycle greenhouse gas emissions that are at least 60% less than the baseline for such emissions. Amends the Internal Revenue Code to: (1) expand the definition of cellulosic biofuel to include algae-based biofuel for purposes of the cellulosic biofuel producer tax credit; and (2) allow accelerated depreciation of property used to produce algae-based biofuel. Defines "algae-based biofuel" as any liquid fuel which is produced from the biomass of an algal organism (i.e., an organism that is primarily aquatic and classified as a non-vascular plant). |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Security Clearance Reform Act of 2014''. SEC. 2. SECURITY CLEARANCE PROCESS REFORM PLAN. (a) Plan.--Not later than 6 months after the date of enactment of this Act, the President shall submit a strategic plan to the appropriate congressional committees to improve security clearance and background investigation activities carried out by the Federal Government. (b) Contents of Plan.--The plan submitted under subsection (a) shall-- (1) develop and establish a continuous evaluation or monitoring system that shall-- (A) on a continual basis, access Federal, State, and local government and commercially available information, including financial credit history, currency transactions, court records, traffic violations, arrest records, terrorist and criminal watch lists, foreign travel, and online social media; (B) provide real-time updates or notifications with respect to information relevant to adjudication guidelines concerning whether a cleared individual is eligible for such individual's security clearance; and (C) reduce or eliminate the scope or schedule of any periodic reinvestigation of a cleared individual; (2) ensure that-- (A) the background of each cleared individual is monitored on a continual basis; and (B) any covered individual who is not a cleared individual is not subject to continuous evaluation or monitoring; (3) ensure the effective, efficient, and timely completion of background investigations relating to a covered individual's eligibility for a security clearance; (4) improve procedures to require information sharing between agencies concerning-- (A) potentially derogatory security information regarding a covered individual that may impact the eligibility of any such individual for a security clearance; and (B) adjudications with respect to any covered individual; (5) enhance cooperation and information sharing between any State or local law enforcement agency and any agency; (6) enhance methods for reducing or eliminating manual processes with respect to security clearance background investigations, and automating and integrating the elements of such investigations and adjudication processes, including-- (A) the security clearance application process; (B) field investigator reporting; (C) investigation case management; (D) the collection, analysis, storage, retrieval, and transfer of data and records; (E) the submission of any background investigation report to an agency for adjudication; and (F) records management for security clearance adjudication determinations; (7) reduce or eliminate the use of databases and information sources that cannot be accessed and processed electronically, or modify such databases and information sources to enable electronic access and processing; (8) increase the use of digitally processed fingerprints as a substitute for ink or paper prints to reduce error rates and improve portability of data; (9) develop Federal Government-wide performance measures, based on the Federal Investigative Standards (as promulgated by the Director and the Director of National Intelligence), to measure the quality of background investigations conducted by the Federal Government; (10) require that, with respect to any background investigation activities, a Federal employee conducts-- (A) any final quality or integrity assurance review conducted by an agency of a background investigation; (B) any interview of a covered individual with respect to a background investigation; and (C) any background investigation of a covered individual to determine the person's eligibility for a security clearance at the Top Secret level or higher; (11) develop procedures that ensure that any information collected pursuant to the plan with respect to a covered individual, including information collected from online social media, shall be verified for authenticity; and (12) provide a detailed description of the estimated costs of implementing the plan. (c) Delegation.--The President may select at least one agency to develop or implement the plan required under this section. In the preceding sentence, the term ``agency'' means-- (1) any agency as that term is defined in section 6(1), but does not include any military department (as that term is defined in section 102 of title 5, United States Code); or (2) the Suitability and Security Clearance Performance Accountability Council (as established by Executive Order No. 13467). (d) Levels of Scrutiny.--The plan required under this section may require different levels of continuous evaluation scrutiny with respect to Confidential, Secret, or Top Secret or higher security clearances. (e) Use of Pre-Existing Systems or Databases.--In carrying out the requirements of this section, the President may incorporate or enhance any systems or databases operated by the Federal Government, including the database established under section 3001(e) of Public Law 108-458. (f) Implementation.--The President shall fully implement the plan required under this section not later than 1 year after the date of submission of such plan to the appropriate congressional committees. SEC. 3. ORGANIZATIONAL CONFLICT OF INTEREST. Beginning on the date of the enactment of this Act for contracts entered into after such date, the Director of the Office of Personnel Management may not award a contract for-- (1) investigative support services to an entity if that entity also has, at the time of award of the contract or at any time during the performance of the contract, another contract in effect with the Federal Government (or with another contractor of the Government at any tier) to provide background investigation fieldwork services; or (2) background investigation fieldwork services to an entity if that entity also has, at the time of award of the contract or at any time during the performance of the contract, another contract in effect with the Federal Government (or with another contractor of the Government at any tier) to provide investigative support services. SEC. 4. STATE AND LOCAL COOPERATION. (a) Report.--Not later than 90 days after the date of enactment of this Act and each year thereafter, the Director shall submit a report to the appropriate congressional committees listing any State or local entity covered by the definition of ``criminal justice agency'' in section 9101(a)(1) of title 5, United State Code, that has failed to cooperate with three or more requests of the Director issued under section 9101(b)(1) of such title. (b) Withholding of Byrne-JAG Funds.-- (1) In general.--For any fiscal year after fiscal year 2015, a jurisdiction that fails, as determined by the Director to substantially comply with criminal history record information requests shall not receive the percentage specified in paragraph (2) of the funds that would otherwise be allocated for the subsequent fiscal year to the jurisdiction under 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.). The Director shall provide the Attorney General with a list of any jurisdictions that failed to substantially comply with the criminal history record information requests in the prior fiscal year and the Attorney General shall make the appropriate amount of reductions. (2) Applicable percentages.--The applicable percentages are as follows: (A) First year of noncompliance.--Except as provided in subparagraph (B), for each fiscal year that a jurisdiction fails to substantially comply with criminal history record information requests, the percentage specified is 10 percent. (B) Subsequent year of noncompliance.--For each succeeding consecutive fiscal year after a fiscal year referred to in subparagraph (A) that a jurisdiction fails to substantially comply with criminal history record information requests, the percentage specified is 10 percent multiplied by the number of such consecutive fiscal years that the jurisdiction has failed to substantially comply with criminal history record information requests (not to exceed 100 percent). (3) Reallocation.--Amounts not allocated under a program referred to in this section to a jurisdiction for failure to substantially comply with criminal history record information requests, shall be reallocated under that program to jurisdictions that have not failed to substantially comply with criminal history record information requests, or may be reallocated to a jurisdiction from which they were withheld to be used solely for the purpose of complying with section 9101(b)(1) of title 5, United States Code. (4) Noncompliance.--For purposes of this subsection, the term ``fails to substantially comply with criminal history record information requests'' means failure to comply with 3 or more requests received during a fiscal year under section 9101(b)(1) of title 5, United States Code, during that fiscal year. (5) Rule of attribution.--In the case of a jurisdiction that fails to substantially comply with criminal history record information requests, if that jurisdiction is subject to the requirements of section 505(d)(4) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755(d)(4)), then the amount of funds that would be provided to other jurisdictions that are party to the joint application required under such section 505(d)(4) may not be reduced and only the funds for the jurisdiction that has failed to substantially comply may be reduced. (c) Requests From Contractors Acting on Behalf of Covered Agencies; Clarification of Police Records.--Section 9101 of title 5, United States Code, is amended-- (1) by adding at the end the following new subsection: ``(g) Criminal justice agencies shall accept and comply with requests for criminal history record information pursuant to this section regardless of whether a request is submitted directly by a covered agency or by a contractor of a covered agency acting on the agency's behalf.''; and (2) in subsection (a)(2), (A) after ``criminal charges'', by inserting the following: ``(including descriptions of the incidents or events leading to or on which the arrests, indictments, informations, or other formal charges are based)''; and (B) by adding at the end the following: ``The term also includes information pertaining to arrests that do not result in the arrestee being charged with or convicted of a criminal offense.''. SEC. 5. REPORTS. (a) Quality Review.--Not later than 90 days after the date of submission of the plan under section 2 and each year thereafter, the Director shall submit a report to the appropriate congressional committees that-- (1) evaluates the quality of background investigations conducted by OPM during the previous year based on the performance measures developed pursuant to the plan submitted under section 2; and (2) includes information on the percentage of background investigations conducted by OPM that meet Federal Investigative Standards (as promulgated by the Director and the Director of National Intelligence). (b) Reports Under the Intelligence Reform and Terrorism Prevention Act of 2004.--Section 3001(h)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341(h)(1)) is amended by striking ``through 2011''. SEC. 6. DEFINITIONS. In this Act: (1) Agency.--Except as provided otherwise in this Act, the term ``agency'' has the meaning given that term in section 3001(a)(1) of Public Law 108-458 and includes the United States Postal Service and the Postal Regulatory Commission. (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Oversight and Government Reform of the House of Representatives; (B) the Committee on Homeland Security and Governmental Affairs of the Senate; (C) the Permanent Select Committee on Intelligence of the House of Representatives; and (D) the Select Committee on Intelligence of the Senate. (3) Background investigation.--The term ``background investigation'' means any investigation or reinvestigation required for the purpose of determining whether a covered individual may hold a security clearance issued by an agency. (4) Background investigation fieldwork services.--The term ``background investigation fieldwork services'' means the investigatory fieldwork conducted to determine a covered individual's eligibility for a security clearance, including interviews of the applicant or friends and family of such applicant, reviews of educational or employment records, law checks, or reviews of credit history. (5) Cleared individual.--The term ``cleared individual'' means an individual, including any employee of an agency, member of the uniformed services, contractor of an agency, or individual employee of such a contractor, who holds a valid security clearance issued by an agency. (6) Covered individual.--The term ``covered individual'' means an individual, including any employee of an agency, member of the uniformed services, contractor of an agency, or individual employee of such a contractor, who-- (A) is being considered by an agency for a security clearance; or (B) is a cleared individual. (7) Director.--The term ``Director'' means the Director of the Office of Personnel Management. (8) Federal employee.--The term ``Federal employee'' has the meaning given the term ``employee'' in section 2105 of title 5, United States Code, and includes-- (A) any member of the uniformed services; and (B) any officer or employee of the United States Postal Service or the Postal Regulatory Commission. (9) Investigative support services.--The term ``investigative support services'' means the clerical, administrative, and technical support services provided to various functions critical to the background investigative process, including initial processing and scheduling of investigative requests, performing file maintenance, imaging case documents, processing mail, performing quality review of background investigations, and executing case closing processes. (10) Jurisdiction.--The term ``jurisdiction'' means a State or unit of local government, as such terms are defined in section 901 of the Omnibus Crime Control and Safe Streets Act of 1968. (11) OPM.--The term ``OPM'' means the Office of Personnel Management. | Security Clearance Reform Act of 2014 - Directs the President to submit a strategic plan to the House Committee on Oversight and Government Reform and the Senate Committee on Homeland Security and Governmental Affairs and the intelligence committees of Congress (appropriate congressional committees) to improve security clearance and background investigation activities. Sets forth the required contents of such plan, including the development of a continuous evaluation or monitoring system of information used for security clearances, improvement of information sharing procedures between agencies, and the reduction or elimination of databases and information sources that cannot be accessed and processed electronically. Prohibits the Director of the Office of Personnel Management (OPM) from awarding a contract to any entity for investigative support services or background investigation fieldwork services if such entity has another contract in effect with the federal government to provide such services. Requires the OPM Director to report to the appropriate congressional committees listing any state or local entity covered by the definition of "criminal justice agency" that has failed to cooperate with three or more criminal history record information requests of the Director. Reduces criminal justice grant funding to state and local entities that fail to substantially comply with such requests. |
SECTION 1. SHORT TITLE; DEFINITIONS. (a) Short Title.--This Act may be cited as the ``Trinity River Restoration Fund Act of 2007''. (b) Definitions.--For the purposes of this Act: (1) Appendix c.--The term ``Appendix C'' means Appendix C of the Final Environmental Impact Statement/Environmental Impact Report for the Trinity River Mainstem Fishery. (2) Record of decision.--The term ``Record of Decision'' means the Record of Decision issued by the Secretary with the concurrence of the Hoopa Valley Tribe on December 19, 2000, on ``Trinity River Mainstem Fishery Restoration''. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 2. ESTABLISHMENT AND PURPOSE OF FUND. (a) Establishment, Purpose.--There is hereby established in the United States Treasury a fund, to be known as the ``Trinity River Restoration Fund'', to be available to the Secretary for expenditure without further appropriation or fiscal year limitation, and which the Secretary shall use solely for the purpose of implementing the preferred alternative identified in the Record of Decision. (b) Authorization To Accept and Expend Funds.--The Secretary is authorized to accept and expend funds without further appropriation or fiscal year limitation from public and private sources to assist in the implementation of the Record of Decision. (c) Use for Specific Purposes.--Amounts deposited into the Trinity River Restoration Fund for specific purposes shall be expended for those purposes only and shall not be subject to appropriation. SEC. 3. DEPOSITS INTO FUND. The following shall be deposited in the Trinity River Restoration Fund: (1)(A) Out of the capital component of payments made pursuant to long-term contracts with the Bureau of Reclamation by Central Valley Project water and power contractors (excluding payments made by Friant Division long-term contractors) and beginning the first full fiscal year beginning after the date of the enactment of this Act and continuing each subsequent fiscal year for 5 years, such amount per year as is necessary to yield on an average annual basis over 5 years $6,500,000 (October 2007 price levels), to be used to complete the construction and associated administrative activities that the Record of Decision incorporated pursuant to the Implementation Plan for Trinity River restoration. (B) For purposes of this paragraph, construction activities include portions or all of the Mechanical Rehabilitation, Coarse and Fine Sediment Management Program, and Infrastructure Modifications described in sections 2, 3, and 4 of Appendix C. (2)(A) Out of the capital component of payments made pursuant to long-term contracts with the Bureau of Reclamation by Central Valley Project water and power contractors (excluding payments made by Friant Division long-term contractors) and beginning the first fiscal year after the date of the enactment of this Act and continuing through the conclusion of the Central Valley Project repayment pursuant to Public Law 99-546, such amount per year required to yield a 3- year rolling average of $11,000,000 (October 2007 price levels), to fund operation, maintenance, repair, and replacement, and associated administrative activities necessary for the implementation of the Record of Decision. (B) For purposes of this paragraph-- (i) operation, maintenance, repair, and replacement activities-- (I) are activities necessary to maintain the physical infrastructure constructed under paragraph (1); and (II) those activities associated with Coarse and Fine Sediment Management, Infrastructure Modifications, Watershed Protection, and Adaptive Environmental Assessment and Management, described in sections 3, 4, 5, and 6 of Appendix C; and (ii) associated administrative activities are those described in Organizing to Implement the Trinity River Restoration Program in section 7 of Appendix C. (3) Non-Federal funds contributed to the United States for implementation of the Record of Decision or Federal funds appropriated to the Trinity River Restoration Fund. SEC. 4. COSTS; STATUTORY CONSTRUCTION. The Federal costs of implementing paragraphs (1) and (2) of section 3 shall be nonreimbursable under Federal reclamation law. Nothing in this section shall-- (1) limit or be construed to limit the use of the funds assessed and collected pursuant to section 3407(d)(2) of the Central Valley Project Improvement Act (Public Law 102-575; 106 Stat. 4706, 4727) for implementation of the Record of Decision; or (2) be construed to limit or modify existing or future Central Valley Project Ratesetting Policies. SEC. 5. FUNDING IN THE EVENT CENTRAL VALLEY PROJECT CAPITAL REPAYMENTS ARE UNAVAILABLE. For any fiscal year in which the capital component of payments made pursuant to long-term contracts with the Bureau of Reclamation by Central Valley Project water and power contractors (excluding payments made by Friant Division long-term contractors) falls below the amounts determined to be necessary for construction activities, operation, maintenance, repair, and replacement costs, and associated administrative costs under paragraphs (1) and (2) of section 3; or the said capital component payments have been completed, the Secretary shall deposit annually in the Trinity River Restoration Fund an amount sufficient to make up the shortfall from the following sources, to be available for expenditure without further appropriation or fiscal year limitation-- (1) reimbursements pursuant to section 3406(b)(23) of the Central Valley Project Improvement Act (Public Law 102-575; 106 Stat. 4706, 4720); (2) receipts to the Central Valley Project Restoration Fund established by section 3407 of the Central Valley Project Improvement Act (Public Law 102-575; 106 Stat. 4706, 4726); and (3) such other Federal funds appropriated to the Trinity River Restoration Fund. SEC. 6. REPORTING REQUIREMENT. Not later than 90 days after the beginning of the second full fiscal year after date of the enactment of this Act and every 2 years thereafter, the Secretary shall submit a summary report to the Committees on Indian Affairs and Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives. Summary reports under this section shall contain the following: (1) A description of the progress in implementing the Trinity River Restoration Program and any barriers to the achievement of restoration goals. (2) The separate views of the Hoopa Valley Tribe, the Yurok Tribe, State and local governments, or other entities participating in the implementation of the Record of Decision, if any of these entities provide their views in writing to the Secretary not later than 30 days before the beginning of the fiscal year. (3) In the first report submitted pursuant to this section following completion of the capital component of payments made pursuant to long-term contracts with the Bureau of Reclamation by Central Valley Project water and power contractors referred to in section 3, the Secretary, after consultation with the Hoopa Valley Tribe, the Yurok Tribe, State and local governments, or other entities participating in the implementation of the Record of Decision, shall set forth recommendations, if any, with respect to adjustment of the amount referred to in section 3(2). SEC. 7. REQUIRED ADJUSTMENT. Beginning in the second full fiscal year beginning after the date of the enactment of this Act, each dollar amount specified in this Act shall be adjusted to reflect changes for the 1-year period ending the preceding November 30 in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor. SEC. 8. ADJUSTMENT TO CERTAIN PAYMENT OBLIGATIONS. The capital repayment obligation of Central Valley Project water and power contractors pursuant to long-term contracts with the Bureau of Reclamation and the appropriate share of the Federal investment in the Central Valley Project to be recovered by the United States pursuant to Public Law 99-546 (100 Stat. 3050) shall be reduced by the amount paid into the Trinity River Restoration Fund pursuant to section 3(1) and section 3(2). SEC. 9. EFFECT OF ACT. Except as specifically provided herein, nothing in this Act shall modify or affect in any way, the following: (1) The Act of August 12, 1955 (Public Law 84-386; 69 Stat. 719). (2) The Act of September 4, 1980 (Public Law 96-335; 94 Stat. 1062). (3) The Act of October 24, 1984 (Public Law 98-541; 98 Stat. 2721), as amended by the Act of May 15, 1996 (Public Law 104-143; 110 Stat. 1338). (4) The Act of October 27, 1986 (Public Law 99-546; 100 Stat. 3050). (5) The Central Valley Project Improvement Act (Public Law 102-575; 106 Stat. 4706). | Trinity River Restoration Fund Act of 2007 - Establishes in the Treasury the Trinity River Restoration Fund to be available to the Secretary of the Interior for use solely for the purpose of implementing the preferred alternative identified in the Record of Decision issued by the Secretary with the concurrence of the Hoopa Valley Tribe on December 19, 2000, on Trinity River Mainstem Fishery Restoration. Authorizes the Secretary to accept and expend funds from public and private sources to assist in the implementation of the Record of Decision. Provides that amounts deposited into the Fund for specific purposes shall be expended for those purposes only and shall not be subject to appropriation. Requires specified deposits to the Fund from: (1) the capital component of payments made pursuant to long-term contracts with the Bureau of Reclamation by Central Valley Project (CVP) water and power contractors; and (2) non-federal funds contributed to the United States for implementation of the Record of Decision or federal funds appropriated to the Trinity River Restoration Fund. Makes federal costs of implementing this Act nonreimburseable under federal reclamation law. Sets forth provisions regarding: (1) funding in the event Central Valley Project (CVP) capital repayments fall below necessary levels; (2) biennial summary reports from the Secretary; (3) required cost of living adjustments; and (4) a reduction of CVP's capital repayment obligation by the amount paid into the Fund. |
SECTION 1. TREATMENT OF CERTAIN VETERANS' REEMPLOYMENT RIGHTS. (a) In General.--Section 414 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(u) Special Rules Relating to Veterans' Reemployment Rights Under USERRA.-- ``(1) Treatment of certain contributions made pursuant to veterans' reemployment rights.--If any contribution is made by an employer or an employee under an individual account plan with respect to an employee, or by an employee to a defined benefit plan that provides for employee contributions, and such contribution is required by reason of such employee's rights under chapter 43 of title 38, United States Code, resulting from qualified military service, then-- ``(A) such contribution shall not be subject to any otherwise applicable limitation contained in section 402(g), 402(h), 403(b), 404(a), 404(h), 408, 415, or 457, and shall not be taken into account in applying such limitations to other contributions or benefits under such plan or any other plan, with respect to the year in which the contribution is made, ``(B) such contribution shall be subject to the limitations referred to in subparagraph (A) with respect to the year to which the contribution relates (in accordance with rules prescribed by the Secretary), and ``(C) such plan shall not be treated as failing to meet the requirements of section 401(a)(4), 401(a)(26), 401(k)(3), 401(k)(11), 401(m), 403(b)(12), 408(k)(3), 408(k)(6), 410(b), or 416 by reason of the making of (or the right to make) such contribution. For purposes of the preceding sentence, any elective deferral or employee contribution made under paragraph (2) shall be treated as required by reason of the employee's rights under such chapter 43. ``(2) Reemployment rights under userra with respect to elective deferrals.-- ``(A) In general.--For purposes of this subchapter and section 457, if an employee is entitled to the benefits of chapter 43 of title 38, United States Code, with respect to any plan which provides for elective deferrals, the employer sponsoring the plan shall be treated as meeting the requirements of such chapter 43 with respect to such elective deferrals only if such employer-- ``(i) permits such employee to make additional elective deferrals under such plan (in the amount determined under subparagraph (B) or such lesser amount as is elected by the employee) during the period which begins on the date of the reemployment of such employee with such employer and has the same length as the lesser of-- ``(I) the product of 3 and the period of qualified military service which resulted in such rights, and ``(II) 5 years, and ``(ii) makes a matching contribution with respect to any additional elective deferral made pursuant to clause (i) which would have been required had such deferral actually been made during the period of such qualified military service. ``(B) Amount of makeup required.--The amount determined under this subparagraph with respect to any plan is the maximum amount of the elective deferrals that the individual would have been permitted to make under the plan in accordance with the limitations referred to in paragraph (1)(A) during the period of qualified military service if the individual had continued to be employed by the employer during such period and received compensation as determined under paragraph (7). Proper adjustment shall be made to the amount determined under the preceding sentence for any elective deferrals actually made during the period of such qualified military service. ``(C) Elective deferral.--For purposes of this paragraph, the term `elective deferral' has the meaning given such term by section 402(g)(3); except that such term shall include any deferral of compensation under an eligible deferred compensation plan (as defined in section 457(b)). ``(D) After-tax employee contributions.--References in subparagraphs (A) and (B) to elective deferrals shall be treated as including references to employee contributions. ``(3) Certain retroactive adjustments not required.--For purposes of this subchapter and subchapter E, no provision of chapter 43 of title 38, United States Code, shall be construed as requiring-- ``(A) any crediting of earnings to an employee with respect to any contribution before such contribution is actually made, or ``(B) any allocation of any forfeiture with respect to the period of qualified military service. ``(4) Loan repayment suspensions permitted.--If any plan suspends the obligation to repay any loan made to an employee from such plan for any part of any period during which such employee is performing service in the uniformed services (as defined in chapter 43 of title 38, United States Code), whether or not qualified military service, such suspension shall not be taken into account for purposes of section 72(p), 401(a), or 4975(d)(1). ``(5) Qualified military service.--For purposes of this subsection, the term `qualified military service' means any service in the uniformed services (as defined in chapter 43 of title 38, United States Code) by any individual if such individual is entitled to reemployment rights under such chapter with respect to such service. ``(6) Individual account plan.--For purposes of this subsection, the term `individual account plan' means any defined contribution plan (including any tax-sheltered annuity plan under section 403(b), any simplified employee pension under section 408(k), and any eligible deferred compensation plan (as defined in section 457(b)). ``(7) Compensation.--For purposes of sections 403(b)(3), 415(c)(3), and 457(e)(5), an employee who is in qualified military service shall be treated as receiving compensation from the employer during such period of qualified military service equal to-- ``(A) the compensation the employee would have received during such period if the employee were not in qualified military service, determined based on the rate of pay the employee would have received from the employer but for absence during the period of qualified military service, or ``(B) if the compensation the employee would have received during such period was not reasonably certain, the employee's average compensation from the employer during the 12-month period immediately preceding the qualified military service (or, if shorter, the period of employment immediately preceding the qualified military service). ``(8) USERRA requirements for qualified retirement plans.-- For purposes of this subchapter and section 457, an employer sponsoring a retirement plan shall be treated as meeting the requirements of chapter 43 of title 38, United States Code, only if each of the following requirements is met: ``(A) An individual reemployed under such chapter is treated with respect to such plan as not having incurred a break in service with the employer maintaining the plan by reason of such individual's period of qualified military service. ``(B) Each period of qualified military service served by an individual is, upon reemployment under such chapter, deemed with respect to such plan to constitute service with the employer maintaining the plan for the purpose of determining the nonforfeitability of the individual's accrued benefits under such plan and for the purpose of determining the accrual of benefits under such plan. ``(C) An individual reemployed under such chapter is entitled to accrued benefits that are contingent on the making of, or derived from, employee contributions or elective deferrals only to the extent the individual makes payment to the plan with respect to such contributions or deferrals. No such payment may exceed the amount the individual would have been permitted or required to contribute had the individual remained continuously employed by the employer throughout the period of qualified military service. Any payment to such plan shall be made during the period beginning with the date of reemployment and whose duration is 3 times the period of the qualified military service (but not greater than 5 years). ``(9) Plans not subject to title 38.--This subsection shall not apply to any retirement plan to which chapter 43 of title 38, United States Code, does not apply. ``(10) References.--For purposes of this section, any reference to chapter 43 of title 38, United States Code, shall be treated as a reference to such chapter as in effect on December 12, 1994 (without regard to any subsequent amendment).'' (b) Effective Date.--The amendment made by this section shall be effective as of December 12, 1994. | Amends the Internal Revenue Code to set forth rules concerning the treatment of certain veterans' reemployment rights for veterans who return to civilian service following military service, including exempting such veterans from certain employer-sponsored pension contribution limits. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Main Street Investment Credit Act of 2016''. SEC. 2. RURAL MICROBUSINESS INVESTMENT CREDIT. (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. 45S. RURAL MICROBUSINESS INVESTMENT CREDIT. ``(a) In General.--For purposes of section 38, the amount of the rural microbusiness investment credit determined under this section for any taxable year with respect to a rural microbusiness is equal to 35 percent of the qualified new investments in the rural microbusiness for the taxable year. ``(b) Limitations.-- ``(1) Per business limitations.--The amount allowed as a credit under subsection (a) with respect to any rural microbusiness for a taxable year shall not exceed-- ``(A) $10,000, reduced (but not below zero) by ``(B) the amount allowed under subsection (a) to the rural microbusiness for all preceding taxable years. ``(2) Per taxpayer limitations.--The amount allowed as a credit under subsection (a) with respect to any taxpayer with respect to all rural microbusinesses of the taxpayer for a taxable year shall not exceed-- ``(A) $10,000, reduced (but not below zero) by ``(B) the amount allowed under subsection (a) to the taxpayer with respect to rural microbusinesses for all preceding taxable years. ``(c) Definitions.--For purposes of this section-- ``(1) Qualified new investment.--The term `qualified new investment' means the excess of-- ``(A) qualified expenditures paid or incurred for the taxable year, over ``(B) the greater of-- ``(i) qualified expenditures paid or incurred for the preceding taxable year, or ``(ii) the average annual qualified expenditures paid or incurred over the preceding three taxable years. If the rural microbusiness was not in existence for the entire 3-year period referred to in clause (ii) of subparagraph (B), subparagraph (B) shall be applied without regard to so much of such subparagraph as precedes such clause (ii) and any taxable years during such 3-year period for which the rural microbusiness was not in existence shall be taken into account as taxable years during which there were no qualified expenditures. ``(2) Qualified expenditures.-- ``(A) In general.--The term `qualified expenditures' means any amount which is paid or incurred with respect to a rural microbusiness. Such term includes costs for capital plant and equipment, inventory expenses, and wages. ``(B) Exception.--Such term does not include-- ``(i) any interest cost, ``(ii) the cost of any vehicle which is not a qualified nonpersonal use vehicle (as defined in section 274(i)), and ``(iii) the cost of any compensation or benefits to the taxpayer claiming the credit, including the taxpayer's spouse and dependents. ``(3) Rural microbusiness.-- ``(A) In general.--The term `rural microbusiness' means any trade or business if-- ``(i) such trade or business is operated as a proprietorship, partnership, trust (to the extent that the trust is a pass-thru entity), S corporation, or other pass-thru entity, ``(ii) each of the owners of such trade or business, with respect to the taxable year for which the credit is claimed-- ``(I) materially participates (as determined under rules similar to the rules of section 469(h)) in such trade or business, and ``(II) in the case of any trade or business substantially all of the activity of which is in agricultural production, is a first-time farmer (as defined in section 147(c)(2)(C)), ``(iii) such trade or business is carried on, and physically located, in a distressed rural area during the taxable year for which the credit is claimed, ``(iv) such trade or business employs not more than 5 full-time (or full-time equivalent) employees during the taxable year for which the credit is claimed, and ``(v) which meets the gross revenue test under subparagraph (D) for the first taxable year in which the credit under subsection (a) is allowable with respect to the trade or business. ``(B) Exceptions.--Such term shall not include-- ``(i) any trade or business which includes, in whole or in part, any private or commercial golf course, country club, massage parlor, hot tub facility, suntan facility, racetrack or other facility used for gambling, or any store the principal business of which is the sale of alcoholic beverages for consumption off premises, or ``(ii) any trade or business with respect to which records are required under section 2257 of title 18, United States Code, to be maintained with respect to any performer. ``(C) Gross revenue test.-- ``(i) In general.--A trade or business meets the gross revenue test of this subparagraph for any taxable year if the average annual gross revenue of the trade or business for the 3-taxable year period ending with the taxable year does not exceed $1,000,000. ``(ii) Aggregation rules.--All persons treated as a single employer under subsection (a) or (b) or section 52 or subsection (m) or (o) of section 414 shall be treated as a trade or business for purposes of clause (i). ``(iii) Special rules for entities not in existence for entire 3-year period, etc.--Rules similar to the rules of subparagraphs (A), (B), and (D) of section 448(c)(3) shall apply for purposes of this subparagraph. ``(D) Self-employed individuals.--For purposes of this paragraph, if, with respect to a trade or business, an individual is treated as an employee under section 401(c), such individual shall be treated as an employee of such trade or business for purposes of the preceding sentence. ``(E) Full-time equivalent employee.--For purposes of this paragraph-- ``(i) In general.--The term `full-time equivalent employee' means a number of employees equal to the number determined by dividing-- ``(I) the total number of hours of service for which wages were paid by the employer to employees during the taxable year, by ``(II) 2,080. Such number shall be rounded to the next lowest whole number if not otherwise a whole number. ``(ii) Excess hours not counted.--If an employee works in excess of 2,080 hours of service during any taxable year, such excess shall not be taken into account under clause (i). ``(iii) Hours of service.--The Secretary, in consultation with the Secretary of Labor, shall prescribe such regulations, rules, and guidance as may be necessary to determine the hours of service of an employee, including rules for the application of this paragraph to employees who are not compensated on an hourly basis. ``(4) Distressed rural area.-- ``(A) In general.--The term `distressed rural area' means any qualified area in the United States-- ``(i) that has lost at least 5 percent of its population over the last 10 years, ``(ii) that lost at least 10 percent of its population over the last 20 years, ``(iii) that has median family income below 85 percent of the national median family income, ``(iv) that has a poverty rate that exceeds 12.5 percent, or ``(v) where average unemployment in the preceding year exceeds 120 percent of the national average. ``(B) Qualified area.--For purposes of subparagraph (A), the term `qualified area' means-- ``(i) any area other than-- ``(I) a city or town that has a population of greater than 50,000 inhabitants, and ``(II) any urbanized area contiguous and adjacent to a city or town described in subclause (I), and ``(ii) any county in which-- ``(I) there is no city or town that has a population of greater than 100,000 inhabitants, and ``(II) there are no urbanized areas contiguous and adjacent to a city or town described in subclause (I). ``(C) Relevant sources of information.--In determining whether an area is a distressed rural area under this paragraph, such determination shall be made in accordance with the most recent information from the Bureau of the Census, the Bureau of Labor Statistics, or other government entity with relevant information. ``(5) Related persons.--A person shall be treated as related to another person if the relationship between such persons would result in the disallowance of losses under section 267 or 707(b) (but, in applying section 267(b) and (c) for purposes of this section, paragraph (4) of section 267(c) shall be treated as providing that the family of an individual shall include only his spouse, ancestors, and lineal descendants). ``(d) Denial of Double Benefit.--No deduction or credit shall be allowed under any other provision of this chapter for any amount taken into account in determining the credit under this section. ``(e) Other Rules.-- ``(1) Married couple must file joint return.--Rules similar to the rules of paragraphs (2), (3), and (4) of section 21(e) shall apply for purposes of this section. ``(2) Denial of credit to dependents.--No credit shall be allowed under this section to any individual with respect to whom a deduction is allowed under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual's calendar year begins.''. (b) Credit Allowed as Part of General Business Credit.--Section 38(b) of such Code (defining current year business credit) is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(37) the rural microbusiness investment credit determined under section 45S(a).''. (c) Carryover of Unused Credit.--Subsection (a) of section 39 of such Code is amended by adding at the end the following new paragraph: ``(5) 5-year carryback for rural microbusiness investment credit.--Notwithstanding subsection (d), in the case of the rural microbusiness investment credit-- ``(A) this section shall be applied separately from the business credit and the marginal oil and gas well production credit (other than the rural microbusiness investment credit), ``(B) paragraph (1) shall be applied by substituting `each of the 5 taxable years' for `the taxable year' in subparagraph (A) thereof, and ``(C) paragraph (2) shall be applied-- ``(i) by substituting `25 taxable years' for `21 taxable years' in subparagraph (A) thereof, and ``(ii) by substituting `24 taxable years' for `20 taxable years' in subparagraph (B) thereof.''. (d) Conforming 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. 45S. Rural microbusiness investment credit.''. (e) Effective Date.--The amendments made by this section shall apply to expenditures made in taxable years beginning after the date of the enactment of this Act. | Rural Main Street Investment Credit Act of 2016 This bill amends the Internal Revenue Code to allow a business-related tax credit for 35% of new investment in a rural microbusiness. There is a limit on such credit, for any rural microbusiness or any taxpayer, of $10,000 in a taxable year reduced by the amount allowed as a credit for all preceding taxable years. A "rural microbusiness" is a trade or business that employs not more than five full-time employees in a taxable year and that is carried on, and physically located, in a distressed rural area. A "distressed rural area" as an area that has lost at least 5% of its population over the last 10 years or 10% of its population over the last 20 years, that has a median family income below 85 % of the national median family income, that has a poverty rate that exceeds 12.5%, or where average unemployment in the preceding year exceeds 120% of the national average. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Gas Rebate Act of 2012''. TITLE I--DENIAL OF CERTAIN TAX BENEFITS TO OIL AND GAS COMPANIES SEC. 101. REPEAL OF ENHANCED OIL RECOVERY CREDIT. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking section 43 (and the table of sections of such subpart is amended by striking the item relating to such section). (b) Conforming Amendments.-- (1) Subsection (b) of section 38 of such Code is amended by striking paragraph (6) and redesignating paragraphs (7) through (36) as paragraphs (6) through (35), respectively. (2) Paragraph (7) of section 45Q(d) of such Code is amended to read as follows: ``(7) Inflation adjustment.-- ``(A) In general.--In the case of any taxable year beginning in a calendar year after 2009, there shall be substituted for each dollar amount contained in subsection (a) an amount equal to the product of-- ``(i) such dollar amount, multiplied by ``(ii) the inflation adjustment factor for such calendar year. ``(B) Inflation adjustment factor.--The term `inflation adjustment factor' means, with respect to any calendar year, a fraction the numerator of which is the GNP implicit price deflator for the preceding calendar year and the denominator of which is the GNP implicit price deflator for 2008. For purposes of the preceding sentence, the term `GNP implicit price deflator' means the first revision of the implicit price deflator for the gross national product as computed and published by the Secretary of Commerce. Not later than April 1 of any calendar year, the Secretary shall publish the inflation adjustment factor for the preceding calendar year.''. (3) Subsection (c) of section 196 of such Code is amended by striking paragraph (5) and redesignating paragraphs (6) through (14) as paragraphs (5) through (13), respectively. (c) Effective Date.-- (1) In general.--Except as otherwise provided in this subsection, the amendments made by this section shall apply to taxable years beginning after December 31, 2012. (2) Continuation of basis reductions.--Paragraph (2) of section 43(d) of the Internal Revenue Code of 1986 (as in effect before its repeal by this section) shall continue to apply with respect to credits determined for taxable years beginning on or before December 31, 2012. SEC. 102. REPEAL OF CREDIT FOR PRODUCING OIL AND GAS FROM MARGINAL WELLS. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking section 45I (and the table of sections of such subpart is amended by striking the item relating to such section). (b) Conforming Amendment.--Subsection (b) of section 38 of such Code, as amended by section 101, is amended by striking paragraph (18) and redesignating paragraphs (19) through (35) as paragraphs (18) through (34), respectively. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2012. SEC. 103. REPEAL OF EXPENSING OF INTANGIBLE DRILLING AND DEVELOPMENT COSTS. (a) In General.--Section 263 of the Internal Revenue Code of 1986 is amended by striking subsection (c). (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2012. SEC. 104. REPEAL OF DEDUCTION FOR TERTIARY INJECTANTS. (a) In General.--Part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by striking section 193 (and the table of sections of such subpart is amended by striking the item relating to such section). (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2012. SEC. 105. REPEAL OF EXCEPTION TO PASSIVE LOSS LIMITATIONS FOR WORKING INTERESTS IN OIL AND GAS PROPERTIES. (a) In General.--Paragraph (3) of section 469(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(C) Termination.--Subparagraph (A) shall not apply with respect to any taxable year beginning after the date of the enactment of this Act.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2012. SEC. 106. REPEAL OF PERCENTAGE DEPLETION FOR OIL AND GAS WELLS. (a) In General.--Part I of subchapter I of chapter 1 of the Internal Revenue Code of 1986 is amended by striking section 613A (and the table of sections of such part is amended by striking the item relating to such section). (b) Conforming Amendments.-- (1) Subsection (d) of section 45H of such Code is amended-- (A) by striking ``For purposes this section'' and inserting the following: ``(1) In general.--For purposes of this section'', (B) by striking ``(within the meaning of section 613A(d)(3))'', and (C) by adding at the end the following new paragraph: ``(2) Related person.--For purposes of this subsection, a person is a related person with respect to the taxpayer if a significant ownership interest in either the taxpayer or such person is held by the other, or if a third person has a significant ownership interest in both the taxpayer and such person. For purposes of the preceding sentence, the term `significant ownership interest' means-- ``(A) with respect to any corporation, 5 percent or more in value of the outstanding stock of such corporation, ``(B) with respect to a partnership, 5 percent or more interest in the profits or capital of such partnership, and ``(C) with respect to an estate or trust, 5 percent or more of the beneficial interests in such estate or trust. For purposes of determining a significant ownership interest, an interest owned by or for a corporation, partnership, trust, or estate shall be considered as owned directly both by itself and proportionately by its shareholders, partners, or beneficiaries, as the case may be.''. (2) Subparagraph (F) of section 56(g)(4) of such Code is amended to read as follows: ``(F) Depletion.--The allowance for depletion with respect to any property placed in service in a taxable year beginning after December 31, 1989, shall be cost depletion determined under section 611.''. (3) Paragraph (1) of section 57(a) of such Code is amended by striking the last sentence. (4) Paragraph (4) of section 291(b) of such Code is amended by adding at the end the following: ``Any reference in the preceding sentence to section 613A shall be treated as a reference to such section as in effect prior to the date of the enactment of the Gas Rebate Act of 2012.''. (5) Subsection (d) of section 613 of such Code is amended by striking ``Except as provided in section 613A, in the case of'' and inserting ``In the case of''. (6) Subsection (e) of section 613 of such Code is amended-- (A) by striking ``or section 613A'' in paragraph (2), and (B) by striking ``any amount described in section 613A(d)(5)'' in paragraph (3) and inserting ``any lease bonus, advance royalty, or other amount payable without regard to production from property''. (7) Subsection (a) of section 705 of such Code is amended-- (A) by inserting ``and'' at the end of paragraph (1)(C), (B) by striking ``; and'' at the end of paragraph (2)(B) and inserting a period, and (C) by striking paragraph (3). (8) Section 776 of such Code is amended by striking subsection (a) and by redesignating subsection (b) as subsection (a). (9) Subparagraph (D) of section 954(g)(2) of such Code is amended by inserting ``(as in effect before the date of the enactment of the Gas Rebate Act of 2012)'' after ``section 613A''. (10) Subparagraph (C) of section 993(c)(2) of such Code is amended by striking ``section 613 or 613A'' and inserting ``section 613 (determined without regard to subsection (d) thereof)''. (11) Subparagraph (D) of section 1202(e)(3) of such Code is amended by striking ``section 613 or 613A'' and inserting ``section 613 (determined without regard to subsection (d) thereof)''. (12) Paragraph (2) of section 1367(a) of such Code is amended by inserting ``and'' at the end of subparagraph (C), by striking ``, and'' at the end of subparagraph (D) and inserting a period, and by striking subparagraph (E). (13) Subsection (c) of section 1446 of such Code is amended by striking paragraph (2) and by redesignating paragraph (3) as paragraph (2). (c) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2012. SEC. 107. DEDUCTION FOR INCOME ATTRIBUTABLE TO DOMESTIC PRODUCTION ACTIVITIES NOT ALLOWED WITH RESPECT TO OIL AND GAS ACTIVITIES. (a) In General.--Subparagraph (B) of section 199(c)(4) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of clause (ii), by striking the period at the end of clause (iii) and inserting ``, and'', and by inserting after clause (iii) the following new clause: ``(iv) the production, refining, processing, transportation, or distribution of oil, gas, or any primary product thereof.''. (b) Conforming Amendment.--Subsection (d) of section 199 of such Code is amended by striking paragraph (9) and by redesignating paragraph (10) as paragraph (9). (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2012. SEC. 108. 7-YEAR AMORTIZATION FOR GEOLOGICAL AND GEOPHYSICAL EXPENDITURES. (a) In General.--Subsection (h) of section 167 of the Internal Revenue Code of 1986 is amended-- (1) by striking ``24-month'' in paragraphs (1) and (4) and inserting ``7-year'', and (2) by striking paragraph (5). (b) Effective Date.--The amendments made by this section shall apply to expenses paid or incurred after December 31, 2012. TITLE II--REGISTERED VEHICLE OWNER REBATE SEC. 201. REGISTERED VEHICLE OWNER REBATE. (a) In General.--Each person who is a registered motor vehicle owner as of the date of the enactment of this Act, shall be treated as having made a payment against the tax imposed by chapter 1 of the Internal Revenue Code of 1986 for the taxable year during which such date occurs in an amount equal to the motor vehicle owner rebate amount with respect to such person. (b) Motor Vehicle Owner Rebate Amount.--For purposes of this section, the motor vehicle owner rebate amount with respect to any person is an amount equal to-- (1) the number of motor vehicles registered by such person in the United States, multiplied by (2) an amount equal to-- (A) the amount of revenue that the Secretary of the Treasury estimates will be received in the Treasury after December 31, 2012, and before December 31, 2022, which is attributable to title I of the Gas Rebate Act of 2012 and the amendments made thereby, divided by (B) the number of motor vehicles registered by all persons in the United States. (c) Advance Payment.-- (1) In general.--The Secretary of the Treasury shall, subject to provisions of the Internal Revenue Code of 1986, refund or credit any overpayment attributable to this section as rapidly as possible. (2) No interest.--No interest shall be allowed on any overpayment attributable to this section. (d) Definition and Special Rules.--For purposes of this section-- (1) Motor vehicle.--The term ``motor vehicle'' means any vehicle which is manufactured primarily for use on public streets, roads, and highways (not including a vehicle operated exclusively on rail or rails) and which has at least 4 wheels. (2) Registration.--A motor vehicle shall not be treated as registered in the United States unless such vehicle is situated within the United States and registered under the laws of one of the several States. (3) Long-term lease agreements.--In the case of a person who leases a vehicle under a lease agreement with an uninterrupted lease term of 1 year or more, such person (and not the lessor of the vehicle) shall be treated as the registered vehicle owner. (4) No payments to government entities.--Motor vehicles owned by any Federal, State, local, or foreign government (or any political subdivision, agency, or instrumentality thereof) shall not be taken into account. (e) Coordination With State Authorities.--For purposes of this section, the Secretary of the Treasury shall prescribe such rules, and consult with such State authorities, as may be necessary or appropriate to determine the registered motor vehicle owners to whom this section applies and to prevent erroneous rebates and double-counting of motor vehicles. | Gas Rebate Act of 2012 - Amends the Internal Revenue Code to repeal certain tax incentives for oil and gas companies, including: (1) the tax credit for enhanced oil recovery, (2) the tax credit for producing oil and gas from marginal wells, (3) the expensing allowance for intangible drilling and development costs, (4) the tax deduction for tertiary injectant expenses, (5) the exception to passive loss limitations for working interests in oil and gas properties, and (6) percentage depletion for oil and gas wells. Denies a tax deduction for income attributable to the domestic production, refining, processing, transportation, or distribution of oil, gas, or any primary product thereof. Extends to seven years the required amortization period for geological and geophysical expenditures. Allows registered motor vehicle owners a rebate against income tax based on their share of revenues saved from the repeal of the tax incentives for oil and gas companies by this Act. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Entrepreneurship Act''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``Administrator'' means the Administrator of the Small Business Administration; (2) the term ``reserve component'' means a reserve component of the Armed Forces named in section 10101 of title 10, United States Code; (3) the term ``small business concern'' has the meaning given the term under section 3(a) of the Small Business Act (15 U.S.C. 632(a)); (4) the term ``veteran'' has the meaning given the term under section 3(q)(4) of the Small Business Act (15 U.S.C. 632(q)(4)); (5) the term ``Veterans Business Outreach Center'' means a veterans business outreach center described in section 32 of the Small Business Act (15 U.S.C. 657b); and (6) the term ``women's business center'' means a women's business center described in section 29 of the Small Business Act (15 U.S.C. 656). SEC. 3. PERMANENT SBA EXPRESS LOAN GUARANTEE FEE WAIVER FOR VETERANS. Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended-- (1) in paragraph (18)(A), by striking ``With respect'' and inserting ``Except as provided in paragraph (31), with respect''; and (2) in paragraph (31), adding at the end the following: ``(G) Guarantee fee waiver for veterans.-- ``(i) Definition.--In this subparagraph, the term `veteran or spouse of a veteran' means-- ``(I) a veteran, as defined in section 3(q)(4); ``(II) a member of the Armed Forces serving on active duty who is eligible to participate in the Transition Assistance Program established under section 1144 of title 10, United States Code; ``(III) a member of a reserve component of the Armed Forces named in section 10101 of title 10, United States Code; ``(IV) the spouse of an individual described in subclause (I), (II), or (III); or ``(V) the surviving spouse of an individual described in subclause (I), (II), or (III) who died while serving on active duty or as a result of a service-connected (as defined in section 101 of title 38, United States Code) disability. ``(ii) Guarantee fee waiver.--The Administrator may not assess a guarantee fee under paragraph (18) in connection with a loan made under this paragraph to a veteran or spouse of a veteran on or after October 1, 2014.''. SEC. 4. REPORT ON FINANCIAL PLANNING AND COUNSELING FOR OWNERS OF SMALL BUSINESS CONCERNS IN THE NATIONAL GUARD AND RESERVES. Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to Congress a report assessing the feasibility of providing financial planning and counseling to owners of small business concerns who are members of a reserve component prior to deployment. SEC. 5. REPORT ON ACCESSIBILITY AND OUTREACH TO FEMALE VETERANS BY THE SMALL BUSINESS ADMINISTRATION. Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to Congress a report assessing the level of outreach to and consultation with female veterans by women's business centers and Veterans Business Outreach Centers. SEC. 6. REPORT ON THE MILITARY RESERVISTS ECONOMIC INJURY DISASTER LOAN PROGRAM. Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to Congress a report on the Military Reservists Economic Injury Disaster Loan Program (in this section referred to as the ``program'') authorized under section 7(b)(3) of the Small Business Act (15 U.S.C. 636(b)(3)), which shall include-- (1) a discussion of the outreach efforts of the Small Business Administration to increase participation in the program; (2) the number of loans made under the program; (3) an analysis of the effectiveness of the program; and (4) recommendations for improving the program. | Veterans Entrepreneurship Act - Amends the Small Business Act to prohibit the Administrator of the Small Business Administration (SBA) from assessing a guarantee fee in connection with a loan made under the SBA Express Program to a veteran or spouse of a veteran on or after October 1, 2014. Directs the Administrator to report to Congress on: (1) the feasibility of providing financial planning and counseling to owners of small business concerns who are members of a reserve component prior to deployment; (2) the level of outreach to and consultation with female veterans by women's business centers and veterans business outreach centers; and (3) the Military Reservists Economic Injury Disaster Loan Program, which shall include a discussion of SBA outreach efforts to increase participation, the number of loans made, and an analysis of the effectiveness of, and recommendations for improving, the Program. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Domestic Pet Turtle Market Access Act of 2007''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Pet turtles less than 10.2 centimeters in diameter have been banned for sale in the United States by the Food and Drug Administration since 1975 due to health concerns. (2) The Food and Drug Administration does not ban the sale of iguanas or other lizards, snakes, frogs, or other amphibians or reptiles that are sold as pets in the United States that also carry salmonella bacteria. The Food and Drug Administration also does not require that these animals be treated for salmonella bacteria before being sold as pets. (3) The technology to treat turtles for salmonella, and make them safe for sale, has greatly advanced since 1975. Treatments exist that can nearly eradicate salmonella from turtles, and individuals are more aware of the causes of salmonella, how to treat salmonella bacteria, and the seriousness associated with salmonella bacteria. (4) University research has shown that these turtles can be treated in such a way that they can be raised, shipped, and distributed without having a recolonization of salmonella. (5) University research has also shown that pet owners can be equipped with a treatment regiment that allows the turtle to be maintained safe from salmonella. (6) The Food and Drug Administration should allow the sale of turtles less than 10.2 centimeters in diameter as pets as long as the sellers are required to use proven methods to treat the turtles for salmonella and maintain a safe pet. SEC. 3. SALE OF BABY TURTLES. (a) In General.--Notwithstanding any other provision of law, the Food and Drug Administration shall not restrict the sale by a turtle farmer or other commercial retail seller of a turtle that is less than 10.2 centimeters in diameter as a pet if-- (1) the turtle is raised, shipped, and sold using methods that are proven to keep the turtle free of salmonella, using salmonella safety standards that are comparable to such standards relating to other animals, including reptiles and amphibians, that are allowed for sale as pets, or animal products that are allowed for sale as food products; (2) the Administration has approved a plan submitted by the turtle farmer or commercial retail seller involved relating to compliance with paragraph (1); and (3) the farmer or other commercial retail seller includes, with the sale of such a turtle, a disclosure to the buyer that includes-- (A) information regarding-- (i) the dangers, including possible severe illness or death, especially for at-risk people who may be susceptible to salmonella bacteria, such as children, pregnant women, and others who may have weak immune systems, that could result if the turtle is not properly handled and safely maintained; (ii) the proper handling of the turtle, including an explanation of proper hygiene such as handwashing after handling a turtle; and (iii) the proven methods of treatment that, if properly applied, keep the turtle safe from salmonella; (B) a detailed explanation of how to properly treat the turtle to keep it safe from salmonella, using the proven methods of treatment referred to under subparagraph (A), and how the buyer can continue to purchase the tools, treatments, or any other required item to continually treat the turtle; and (C) a statement that buyers of pet turtles should not abandon the turtle or abandon it outside, as the turtle may become an invasive species to the local community, but should instead return them to a commercial retail pet seller or other organization that would accept turtles no longer wanted as pets. (b) Plan.-- (1) In general.--A turtle farmer or other commercial seller that desires to sell a turtle as provided for under subsection (a) shall submit a plan to the Food and Drug Administration that details the manner in which the farmer or seller will ensure compliance with the requirements of subsection (a)(1) with respect to the turtles involved. The plan shall include use of non-antibiotic compounds that suppress or eliminate the presence of salmonella in turtle hatchlings. (2) Action by fda.--Not later than 30 days after the date on which the Food and Drug Administration receives a plan under paragraph (1), the Administration shall accept or reject such plan. If such plan is rejected, the Administration shall provide clear, specific guidance on the reasons for such rejection. The Administration may only reject such a plan if it is determined that the plan fails to achieve the same salmonella safety standards as such standards relating to other animals, including reptiles and amphibians, that are allowed for sale as pets, or animal products that are allowed for sale as food products. (c) Rule of Construction.--Nothing in this section shall be construed to permit the Food and Drug Administration to hold the sale of turtles less than 10.2 centimeters in diameter as a pet to any greater salmonella safety standard applicable to other reptiles or amphibians sold as pets, animals sold as pets, or food products regulated by such Administration. | Domestic Pet Turtle Market Access Act of 2007 - Prohibits the Food and Drug Administration (FDA) from restricting the sale by a turtle farmer or other commercial retail seller of a turtle that is less than 10.2 centimeters in diameter as a pet if: (1) the turtle is raised, shipped, and sold using methods proven to keep the turtle free of salmonella, using salmonella safety standards comparable to standards for other animals allowed for sale as pets or animal products allowed for sale as food products; (2) the FDA has approved a plan submitted by the turtle farmer or seller relating to compliance with this Act; and (3) the farmer or seller makes certain disclosures to the buyer. Sets forth required disclosures, which include: (1) information regarding the dangers that could result if the turtle is not properly handled and safely maintained, the proper handling of the turtle, and the proven methods of treatment that keep the turtle safe from salmonella; (2) a detailed explanation of how to properly treat the turtle to keep it safe from salmonella; and (3) a statement that buyers of pet turtles should not abandon the turtle or abandon it outside, but should instead return them to a commercial retail pet seller or other organization that would accept turtles no longer wanted as pets. Requires the turtle farmer or seller to submit a plan to the FDA that includes use of non-antibiotic compounds that suppress or eliminate the presence of salmonella in turtle hatchlings. Directs the FDA to accept or reject such a plan within 30 days. |
SECTION 1. PROCEDURES AT TIME OF BIRTH. (a) Hospital- and Other Birthing Center-Based Paternity.--Section 466(a)(5)(C) of the Social Security Act (42 U.S.C. 666(a)(5)(C)) is amended by adding at the end the following: ``Such procedures shall also apply to birthing centers other than hospitals, shall require that any State agency that provides such services use the same materials used by, provide the personnel providing such services with the same training as, and evaluate the provision of such services in the same manner as, hospital-based paternity establishment programs, and shall require the hospital or other birthing center, at the time a pregnant woman is admitted to the hospital or other birthing center to give birth, to request the father of the child to provide his name and social security account number, which the hospital or other birthing center shall transmit to the State agency responsible for issuing birth certificates for inclusion in the birth certificate of the child.''. (b) Inclusion of Parents' Social Security Numbers on Child's Birth Certificate.--Section 466(a) of such Act (42 U.S.C. 666(a)) is amended by inserting after paragraph (11) the following: ``(12) Procedures which require the State agency responsible for issuing birth certificates to include on the birth certificate of a child the name and social security account number (if available) of each parent of the child.''. SEC. 2. PATERNITY ACKNOWLEDGEMENT AFFIDAVITS. (a) Establishment of National Affidavit.--Section 452(a)(7) of the Social Security Act (42 U.S.C. 652(a)(7)) is amended by inserting ``, and develop an affidavit to be used for the voluntary acknowledgement of paternity'' before the semicolon. (b) Signed Affidavit Conclusively Used to Establish Paternity.-- Section 466(a)(5)(D) of such Act (42 U.S.C. 666(a)(5)(D)) is amended-- (1) by inserting ``(i)'' after ``(D)''; and (2) by adding at the end the following: ``(ii)(I) Such procedures shall provide that a written voluntary acknowledgement of the paternity of a child shall, upon the expiration of the challenge period, create a legal finding of paternity-- ``(aa) without any further action; or ``(bb) at the option of the State, after a court or administrative agency with which the document containing the acknowledgement has been filed within 5 business days after the expiration of the challenge period issues an order establishing such paternity. ``(II) As used in subclause (I), the term `challenge period' means, with respect to an acknowledgement of paternity-- ``(aa) the 30-day period that begins on the date of acknowledgement; or ``(bb) if the person who executed the acknowledgement undergoes genetic testing within the 30 days after the date of the acknowledgement, the 30-day period that begins with the date the person is notified of the results of the genetic testing.''. (c) Sense of the Congress.--The Congress encourages States to develop procedures in public hospitals and clinics to facilitate the acknowledgement of paternity. SEC. 3. AFDC BENEFITS CONDITIONED ON COOPERATION IN PATERNITY ESTABLISHMENT. Section 402(a) of the Social Security Act (42 U.S.C. 602(a)) is amended-- (1) by striking ``and'' at the end of paragraph (44); (2) by striking the period at the end of paragraph (45) and inserting ``; and''; and (3) by inserting after paragraph (45) the following: ``(46)(A) except as provided in subparagraph (B), aid under the State plan shall not be payable to a family applying for such aid with respect to a dependent child whose paternity has not been established, unless-- ``(i) the child was conceived as a result of rape or incest; or ``(ii) the State determines that efforts to establish such paternity would result in physical danger to the relative claiming such aid; ``(B) if the paternity of a dependent child has not been established, the relative claiming such aid alleges that any of not more than 3 named individuals may be the father of the child and provides the address of each of the named individuals, or the immediate relatives of each of the named individuals, and the State has not disproved the allegation, then-- ``(i) aid under the State plan shall be payable to the family in the amount payable to a family whose size is determined without regard to the dependent child, and ``(ii) the entire family shall be eligible for medical assistance under the State plan approved under title XIX; and ``(C) the relative claiming such aid shall have the burden of proving any allegation of paternity of a dependent child by an individual who is deceased, in accordance with procedures established by the State in consultation with the Secretary.''. SEC. 4. INCREASE IN PATERNITY ESTABLISHMENT PERCENTAGE. Section 452(g)(1) of the Social Security Act (42 U.S.C. 652(g)(1)) is amended by striking all that follows ``--'' and inserting the following: ``(A) 90 percent; ``(B) for a State with a paternity establishment rate of not less than 50 percent but less than 90 percent for such fiscal year, the paternity establishment percentage of the State for the immediately preceding fiscal year plus 6 percentage points; or ``(C) for a State with a paternity establishment rate of less than 50 percent for such a fiscal year, the paternity establishment percentage of the State for the immediately preceding fiscal year plus 10 percentage points.''. SEC. 5. PRENATAL ESTABLISHMENT EFFORTS BY STATES. Section 466(a)(5)(A) of the Social Security Act (42 U.S.C. 666(a)(5)(A)) is amended by redesignating clauses (i) and (ii) as clauses (ii) and (iii), respectively, and by inserting after ``(5)(A)'' the following: ``(i) Procedures which require that, as soon as an officer or employee of the State becomes aware, in the performance of official duties, of a pregnant, unmarried woman, the officer or employee must-- ``(I) inform the woman, orally and in writing, that she will be ineligible for aid under the State plan under part A unless she informs the State of the identity of the prospective father and, after the woman gives birth, cooperates in establishing the paternity of the child; and ``(II) encourage the woman to urge the prospective father to acknowledge paternity of the child.''. | Amends title IV (Aid to Families With Dependent Children) (AFDC) to specify procedures for establishing paternity for non-hospital birthing centers. Requires the responsible State agencies to include on birth certificates the name and social security account number (if available) of each parent. Requires development of an affidavit for the voluntary acknowledgement of paternity. Requires State procedures providing that such an affidavit shall create a legal finding of paternity without further action upon the expiration of a 30-day challenge period following acknowledgement or notification of the results of genetic testing. Declares that the Congress encourages States to develop procedures in public hospitals and clinics to facilitate the acknowledgement of paternity. Conditions the payment of AFDC benefits on recipient cooperation in paternity establishment. Increases from 50 percent to 90 percent the basic rate required for substantial compliance with paternity establishment requirements. Sets forth formulae for the calculation of new requirements in States with between 50 and 90 percent and States with less than 50 percent Requires State procedures for prenatal paternity establishment efforts by State officials who become aware of a pregnant, unmarried recipient. |
SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Preserving Access to Modern Prosthetic Limbs Act of 2016''. (b) Findings.--Congress finds the following: (1) The Medicare program includes coverage for prosthetic limbs under section 1861(s)(9) of the Social Security Act (42 U.S.C. 1395w(s)(9)). (2) As a result of significant Federal and private investment in research and development over the past decades, beneficiaries with lower limb prostheses are able to maintain optimal function and lead productive and independent lives. (3) Federal spending for prosthetic devices in the Medicare program has decreased by 15 percent between 2010 and 2014. (4) The Secretary of Health and Human Services, through Medicare contractors known as Durable Medical Equipment Medicare Administrative Contractors, released on July 16, 2015, a document entitled ``Local Coverage Determination (LCD): Lower Limb Prostheses (DL33787)'', which applies to all Medicare beneficiaries across the United States. (5) The policies proposed in this document would comprehensively change the requirements under which a Medicare beneficiary would qualify for a lower limb prosthetic device and would seriously restrict access to modern prosthetic care. (6) If finalized, the changes proposed in this document would create coverage requirements that are inconsistent with current clinical practice and would arbitrarily and unreasonably deny Medicare beneficiaries access to prosthetic limb technologies considered the current standard of care. (7) Under these proposed policies, beneficiaries instead would be eligible for prosthetic devices that are functionally outdated, less durable, and less safe. (8) The adverse impact of the Medicare contractors' proposed policies extend well beyond the Medicare program and has implications for other Federal health programs, such as health programs of the Veterans Administration, and commercial insurers. (9) Given the far reaching effect of these policies, and the fact that little or no clinical or scientific evidence supported the issuance of these proposals, any changes to prosthetic limb coverage should be made only after a transparent process in which evidence is offered to justify coverage modifications, meaningful stakeholder feedback is solicited, and the Secretary and Medicare contractors receive and respond to this stakeholder feedback in a public manner. (10) A moratorium on the implementation and enforcement of these proposed policies would enable the Secretary and the Medicare contractors to engage in such a transparent process. SEC. 2. MORATORIUM ON IMPLEMENTATION OF PROPOSED MEDICARE LOCAL COVERAGE DETERMINATION ON LOWER LIMB PROSTHESES. (a) Moratorium.-- (1) In general.--The Secretary of Health and Human Services and any Medicare Administrative Contractor may not implement and enforce the policies in the LCD on lower limb prostheses (as defined in subsection (d)(1)), in whole or in part, during the period beginning on the date of the enactment of this Act, and ending on June 30, 2017. (2) Removal of policy from websites.--The Secretary of Health and Human Services and its medicare administrative contractors shall remove the LCD on lower limb prostheses from the websites of the Centers for Medicare & Medicaid Services and its medicare administrative contractors during the period of the moratorium under paragraph (1). (b) Providing the Secretary With Authority To Oversee the Development of Local Coverage Determinations.--Section 1862(l)(5) of the Social Security Act (42 U.S.C. 395y(l)(5)) is amended-- (1) by redesignating subparagraph (C) as subparagraph (D); and (2) by inserting after subparagraph (B) the following new subparagraph: ``(C) Secretary oversight and guidance in developing local coverage determinations.--The Secretary shall provide guidance and oversight of any local coverage determination developed by a medicare administrative contractor to ensure that the local coverage determination is consistent with this title.''. (c) Construction.--Nothing in this section shall be construed to prevent the Secretary from enforcing existing statutes, regulations, and local coverage determinations other than with respect to policies in the LCD on lower limb prostheses. (d) Definitions.--In this section: (1) LCD on lower limb prostheses.--The term ``LCD on lower limb prostheses'' means the local coverage determination on lower limb prostheses as proposed by a medicare administrative contractor in the document (DL33787) released on July 16, 2015, and any successor to such determination. (2) Medicare administrative contractor.--The term ``medicare administrative contractor'' has the meaning given such term in section 1874A(a)(3)(A) of the Social Security Act (42 U.S.C. 1395kk-1(a)(3)(A)). | Preserving Access to Modern Prosthetic Limbs Act of 2016 This bill amends title XVIII (Medicare) of the Social Security Act to postpone implementation and enforcement of a local coverage determination (LCD) proposed by a Medicare Administrative Contractor (MAC) on lower limb prostheses. (An LCD is a decision by a MAC, which is a private insurer that processes Medicare claims within a specified geographic jurisdiction, as to whether to cover a service on a MAC-wide basis.) The Centers for Medicare & Medicaid shall provide guidance and oversight related to LCDs, as specified by the bill. |
SECTION 1. SHORT TITLE AND FINDINGS. (a) Short Title.--This Act may be cited as the ``Public Rangeland Grazing Reform Act of 1993''. (b) Findings.--The Congress finds-- (1) the Federal rangelands and riparian areas under the jurisdiction of the Bureau of Land Management and the Forest Service in Western States should be managed in a manner to achieve and sustain a status of healthy native range and riparian ecosystems and in a manner that will sustain a full and thriving spectrum of biologically diverse plant and animal species within such ecosystems; (2) a substantial amount of Federal rangeland continues to be in a deteriorated condition; (3) measures taken by the Bureau of Land Management and the Forest Service to improve the condition of Federal rangelands have not resulted in sufficient progress toward the achievement of ecologically healthy and biologically diverse range and riparian ecosystems for these lands; (4) the fee formula established by Executive Order Numbered 12548 of February 14, 1986, has resulted in fees that have not returned to the Nation's citizens an adequate return for the privilege of utilizing affected rangeland for livestock grazing; and (5) it is necessary to revise applicable law so as to improve management of grazing on rangelands in Western States managed by the Bureau of Land Management and the Forest Service. SEC. 2. GRAZING FEES. (a) FLPMA Amendment.--Section 401 of the Federal Land Policy Management Act of 1976 (43 U.S.C. 1751) is amended by repealing subsection (a), and paragraph (b)(1), by redesignating paragraph (b)(2) as paragraph (a)(1), by redesignating paragraph (b)(3) as paragraph (a)(2), and by adding at the end of the section the following: ``(b)(1) Except as provided in subsection (c), the Secretary of Agriculture, with respect to national forest lands in the 16 contiguous Western States (including national grasslands) administered by the United States Forest Service where domestic livestock grazing is permitted under applicable law, and the Secretary of the Interior with respect to public domain lands administered by the Bureau of Land Management where domestic livestock grazing is permitted under applicable law, shall establish and implement, beginning with the grazing season which commences on March 1, 1994, an annual domestic livestock grazing fee equal to fair market value. ``(2)(A) For purposes of this subsection, the term `fair market value' is defined as follows: Appraised Base Value <greek-e> Forage Value Index Fair Market Value = ------------------------------------------------------------ 100 ``(B) For the purposes of subparagraph (A)-- ``(i) the term `Forage Value Index' means the Forage Value Index (FVI) computed annually by the Economic Research Service, United States Department of Agriculture, and set with the 1991 FVI equal to 100; and ``(ii) the term `Appraised Base Value' means the 1983 Appraisal Value conclusions for mature cattle and horses (expressed in dollars per head or pair month), as determined in the 1986 report prepared jointly by the Secretary of Agriculture and the Secretary of the Interior entitled `Grazing Fee Review and Evaluation', dated February 1986, on a westwide basis using the lowest appraised value of the pricing areas adjusted for advanced payment and indexed to 1991. ``(3) Executive Order Numbered 12548, dated February 14, 1986, shall not apply to grazing fees established pursuant to this Act. ``(c) Alternative Fees.--The Secretary concerned is authorized to implement a program enabling persons permitted to graze domestic livestock on land described in subsection (b) to pay grazing fees in an amount less than would otherwise be required by subsection (b) if such persons meet requirements established by such Secretary to improve the condition of affected range and riparian ecosystems and the biological diversity of such ecosystems. ``(d) Consolidation of Boards.--The grazing advisory boards established pursuant to Secretarial action, notice of which was published in the Federal Register on May 14, 1986 (51 Fed. Reg. 17874), are hereby abolished, and the advisory function exercised by such boards, shall, after the date of enactment of this subsection, be exercised only by the appropriate councils established under this section. ``(e) U.S. Share of Receipts.--Funds appropriated pursuant to section 5 of the Public Rangelands Improvement Act of 1978 (43 U.S.C. 1904) or any other provision of law related to disposition of the Federal share of receipts from fees for grazing on public domain lands or National Forest lands in the 16 contiguous Western States shall be used for restoration and enhancement of fish and wildlife habitat, for restoration and improved management of riparian areas, and for implementation and enforcement of applicable land management plans, allotment plans, and regulations regarding the use of such lands for domestic livestock grazing. Such funds shall be distributed as the Secretary concerned deems advisable after consultation and coordination with the advisory councils established pursuant to section 309 of this Act and other interested parties.''. (b) Taylor Grazing Act Amendment.--Section 10 of the Taylor Grazing Act (43 U.S.C. 315i) is amended to read as follows: ``SEC. 10. RECEIPT SHARING. ``(a) Payment to Local Governments.--From the moneys received by the United States in return for the grazing of domestic livestock on public domain lands and National Forest lands in the 16 contiguous Western States, the Secretary of the Treasury shall pay to the units of local government with jurisdiction over the lands with respect to which such moneys are collected an amount equal to 12.5 percent of such moneys collected under section 3 of this Act and 50 percent of such moneys collected under section 15 of this Act during each fiscal year. ``(b) Uses.--Payments made under this subsection shall be in addition to any payments made to units of local government under other applicable law. Moneys received under this section may be used for any governmental purpose, including but not limited to schools and roads, but may not be expended in support of or opposition to any legislative proposal pending before Congress prior to its enactment into law or in connection with any action or claim in any court or other agency of the United States or of any State relating to the management of domestic livestock grazing on public lands or National Forest lands. ``(c) Definition.--For purposes of this section, the term `unit of local government' shall have the same definition as such term has in chapter 69 of title 31 of the United States Code (providing for payments for entitlement land). ``(d) Proportions.--If any grazing district includes lands within the jurisdiction of more than one unit of local government, payments to each such unit shall be in proportion to the percentage of the total area of such grazing district located within each such unit's jurisdiction.''. SEC. 3. TERM OF GRAZING PERMITS. Subsections (a) and (b) of section 402 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1752) are amended by striking the words ``ten years'' each time such words occur in such subsections and by inserting in lieu thereof the words ``five years''. SEC. 4. NONGRAZING USE. Section 402 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1752) is amended by adding at the end thereof the following: ``(i) Allotment Management Plans; Nongrazing Uses.-- ``(1) If a State natural resource or wildlife agency, or nongovernmental organization or private person in a cooperative agreement with a State natural resource or wildlife agency, is a holder of a grazing permit or a lease and notifies the Secretary concerned that such holder intends to refrain from utilizing for livestock grazing some or all of the forage available for such purposes under such permit or lease for an interval of at least 2 years for the purpose of conservation or wildlife enhancement, the Secretary shall place such forage on a nonuse status for the interval specified by such holder at the time of notification. ``(2) Forage placed on a nonlivestock-use status under this subsection shall not be available for domestic livestock grazing under any permit or lease, and the unavailability of such forage for livestock grazing shall be taken into account by the Secretary in connection with the preparation or revision of plans for the management of the affected lands. ``(3) The holder of a grazing permit or lease who has utilized the option under this subsection of having some or all of the forage covered by such permit or lease placed on a nonuse status shall be given the first priority, pursuant to this subsection, for receipt of a new permit or lease for the land covered by such permit or lease after its expiration. ``(4) Any fee otherwise applicable for utilization by grazing of forage under a grazing permit or lease shall be reduced to the extent that such forage is on a nonuse status under this subsection.''. SEC. 5. PROHIBITION OF SUBLEASING. Section 402 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1752), as amended by section 3 of this Act, is further amended by adding at the end thereof the following: ``(j) Prohibition of Subleasing.--(1) Subleasing is hereby prohibited. ``(2) For purposes of this subsection the following terms shall have the following meanings: ``(A) The term `subleasing' means the grazing, on public lands or on National Forest lands covered by a grazing permit, of domestic livestock which is not both owned and controlled by the holder of the grazing permit. ``(B) The term `grazing permit' means a permit or lease of the type described in subsection (a) of this section which has been issued by the Secretary concerned pursuant to applicable law and which authorizes for a specified term of years the grazing of domestic livestock on public lands or lands within National Forests in the 16 contiguous Western States. ``(3) To assure compliance with this subsection, the Secretary concerned shall require each holder of a grazing permit to file annually an affidavit that such holder owns and controls all livestock which such holder is knowingly allowing to graze on public lands or National Forest lands covered by such holder's grazing permit. ``(4)(A) A grazing permit shall terminate 30 days after the effective date of any lease, conveyance, transfer, or other voluntary action on the part of a holder of a grazing permit which has the effect of removing from the control of the holder of such permit the privately owned property or part thereof with respect to which a grazing permit was issued. No grazing pursuant to such permit shall be permitted after such termination unless, prior to such termination, the party that has obtained or will obtain control of such property or part thereof has submitted an application for a grazing permit based on such control, in which case the Secretary concerned may allow grazing to continue if such Secretary has reason to believe that such application is likely to be approved. Such continued grazing shall be for a period no longer than the remainder of the grazing year during which such application was submitted. ``(B)(i) A grazing permit held by a natural person shall terminate upon the death of its holder, but the Secretary may permit grazing to continue on lands covered by such grazing permit for a period not to exceed 2 years after the date of the death of such holder if necessary or appropriate in order to facilitate the orderly management of the deceased holder's estate. ``(ii) A grazing permit shall terminate upon an involuntary transfer from the control of its holder (including a transfer by operation of law) of the privately owned property (or portion thereof) with respect to which such grazing permit was issued, but the Secretary may permit grazing to continue on lands covered by such grazing permit for a period not to exceed 1 year after such involuntary transfer, if necessary, in order to facilitate the redemption, sale, or other disposition of such property or portion thereof. ``(iii) After any continuation of grazing pursuant to either clause (i) or (ii) any grazing on lands affected by such continuation shall occur only subject to a new grazing permit. ``(iv) Any decision by the Secretary concerned to permit a continuation of grazing pursuant to this paragraph shall be discretionary, and this paragraph shall not be construed as vesting in any party any right to graze livestock on any lands owned by the United States or any right to any grazing permit. ``(5) Any holder of a grazing permit who knowingly allows subleasing to occur on public lands or National Forest lands covered by such permit shall forfeit to the United States the dollar equivalent of any value in excess of the grazing fee paid or payable to the United States with respect to such permit, shall be disqualified from further exercise of any rights or privileges conferred by that permit or any other grazing permit, and shall be subject to the penalties specified in section 303 of this Act. ``(6) Any person other than the holder of a grazing permit who knowingly engages in subleasing on or after the date of enactment of this subsection shall be subject to the penalties specified in section 303 of this Act.''. | Public Rangeland Grazing Reform Act of 1993 - Amends the Federal Land Policy Management Act of 1976 to direct the Secretary of Agriculture, with respect to National Forest lands in the 16 contiguous Western States, and the Secretary of the Interior, with respect to public domain lands, where domestic livestock grazing is permitted under applicable law, to establish and implement an annual domestic livestock grazing fee equal to fair market value, based on a specified formula. Sets forth provisions regarding: (1) alternative fees; (2) abolition of grazing advisory boards; and (3) the U.S. share of receipts. Amends the Taylor Grazing Act to revise provisions concerning the use of moneys received from grazing activities to provide for specified payments to local governments and to limit the uses of such moneys. Sets forth provisions regarding: (1) the term of grazing permits; and (2) non-grazing uses. Prohibits subleasing (i.e., the grazing, on public lands or on National Forest lands covered by a grazing permit, of domestic livestock which is not both owned and controlled by the holder of of the grazing permit). |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Plymouth 400th Anniversary Commemorative Coin Act of 2016''. SEC. 2. FINDINGS. The Congress finds that-- (1) the United States is poised for an anniversary of national and international significance, the 400th anniversary of the Mayflower voyage and the founding of Plymouth Colony; (2) the Plymouth 400 anniversary will highlight the cultural contributions and United States traditions that began with the interaction of the indigenous Wampanoag and English peoples, a story that significantly shaped the building of the United States; (3) the settlers, some known as Pilgrims, and their ship the Mayflower, have come to represent national and international symbols of freedom and law; (4) the indigenous Wampanoag people, and their interaction with the Pilgrims, created an important legacy through their assistance and association, including participation in the shared harvest feast, ``The First Thanksgiving'', which serves as the indelible icon for the Thanksgiving holiday in the Untied States; (5) the ``Mayflower Compact'', signed near Provincetown off the coast of Cape Cod before landing in Plymouth, was the colonial cornerstone for self-governance in the New World and had a profound influence on later developments related to the Constitution of the United States and the Bill of Rights; (6) there are more than 20,000,000 descendants worldwide that trace their ancestry back to the Mayflower passengers arriving in 1620 and on subsequent ships in the 1620s; (7) in 2009, a nonprofit organization, Plymouth 400, Inc., was established to ensure a suitable national observance of the Plymouth 400th anniversary to include the themes of exploration, innovation, immigration, self-governance, religious freedom, and thanksgiving, which are legacies that were sparked by these historic events and that continue today as cornerstones of the United States; (8) Plymouth 400, Inc. will lead, support and facilitate legislative and marketing efforts for a commemorative coin series, United States postage stamps, and related activities for the Plymouth 400th anniversary observances and commemorations in 2020; (9) a commemorative coin series will bring national and international attention to the lasting legacy of Plymouth Colony, its settlers and the indigenous Wampanoag tribes of the area; (10) the proceeds from a surcharge on the sale of such commemorative coins will assist the financing of a suitable national observance in 2020 and 2021 of the 400th anniversary of the Pilgrim landing and historic events, including the signing of the Mayflower Compact, the ``First Thanksgiving'' feast, interaction with the indigenous Wampanoag people and other significant events of the period; (11) today, people from across the 50 States and from around the world flock to Plymouth to see the landing place, Plymouth Rock, visit the re-created Mayflower and Plimoth Plantation, and trace their ancestry and learn about the indigenous Wampanoag and their integral role in the history of the United States; and (12) story of the Pilgrims, the indigenous Wampanoag people, and the Mayflower are iconic symbols for the world representing freedom, family, law, and justice. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--The Secretary of the Treasury (hereinafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 100,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) have diameter of 0.85 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins.--Not more than 500,000 $1 coins, which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain not less than 90 percent silver. (3) Half-dollar clad coins.--Not more than 750,000 half- dollar coins which shall-- (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half-dollar coins described in section 5112(b) of title 31, United States Code. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the landing and settlement of Plymouth Colony, the signing of the Mayflower Compact, and the role of the indigenous Wampanoag tribes in the realization of the settlement. (2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2020'', ``2021'', or ``2020-2021''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consulting with-- (A) Plymouth 400, Inc.; (B) Plimoth Plantation, Inc.; (C) the Mashpee Wampanoag Tribe; (D) the Wampanoag Tribe of Gayhead (Aquinnah); (E) the General Society of Mayflower Descendants; (F) the Pilgrim Society; (G) the Plymouth Antiquarian Society; (H) the Pilgrim Monument and Provincetown Museum; (I) the Massachusetts Cultural Council; and (J) the Massachusetts Historical Society; and (2) reviewed by the Citizens Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for Issuance.--The Secretary may issue coins minted under this Act only during a 2-year period beginning January 1, 2020. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins issued under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 coin. (2) A surcharge of $10 per coin for the $1 coin. (3) A surcharge of $5 per coin for the half-dollar coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins under this Act shall be promptly paid by the Secretary as follows: (1) 50 percent of the surcharges, to the Plymouth 400, Inc.-- (A) to support the work of the organization to develop, implement, and provide oversight for the commemorations surrounding the events of 2020 through 2021; and (B) at the discretion of Plymouth 400 to distribute to local historical preservation and cultural organizations to support their important work in educating the public about the settlement of 1620, their continued existence for the benefit of future generations, and other related purposes. (2) 15 percent of the surcharges to Plimoth Plantation to support their effort to maintain the replica of the 1627 Plantation, the Mayflower II, and the replica of the Wampanoag Village. (3) 15 percent of the surcharges, to a Wampanoag tribal organization to continue programs to educate people about the life of the Wampanoag people prior to the Plymouth settlement and the interactions between the settlers and the Wampanoag people. (4) 10 percent of the surcharges, to the General Society of Mayflower Descendants-- (A) to support the continued restoration of the main facility in Plymouth; (B) provide funding for their research library at that site; and (C) for educational purposes. (5) 10 percent of the surcharges, to the Pilgrim Society to continue their work in displaying the story of the settlement and its artifacts, including the role of the indigenous Wampanoag tribe in the settlement. (c) Audits.--The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of each of the organizations referred to in subsection (b) as may be related to the expenditures of amounts paid under such subsection. (d) Limitations.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of such time of issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection. SEC. 8. FINANCIAL ASSURANCES. The Secretary shall take such actions as may be necessary to ensure that-- (1) minting and issuing coins under this Act will not result in any net cost to the United States Government; and (2) no funds, including applicable surcharges, are disbursed to any recipient designated in section 7 until the total cost of designing and issuing all of the coins authorized by this Act (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping) is recovered by the United States Treasury, consistent with sections 5112(m) and 5134(f) of title 31, United States Code. | Plymouth 400th Anniversary Commemorative Coin Act of 2016 This bill directs the Department of the Treasury to issue up to 100,000 $5 gold coins, 500,000 $1 silver coins, and 750,000 half-dollar clad coins emblematic of the landing and settlement of Plymouth Colony, Massachusetts, the signing of the Mayflower Compact, and the role of the indigenous Wampanoag tribes in the realization of the settlement. These coins may be issued only during a two-year period beginning January 1, 2020. Sales of such coins shall include specified surcharges, which shall be paid by Treasury as follows: 50% to Plymouth 400, Inc., to support the its work to develop, implement, and provide oversight for the commemorations surrounding the events of 2020-2021 and to be distributed, at the organization's discretion, to local historical preservation and cultural organizations to support their work in educating the public about the settlement of 1620 and their continued existence for the benefit of future generations; 15% to Plimoth Plantation to support its effort to maintain the replica of the 1627 Plantation, the Mayflower II, and the replica of the Wampanoag Village; 15% to a Wampanoag tribal organization to continue programs to educate people about the life of the Wampanoag people prior to the Plymouth settlement and their interactions with the settlers; 10% to the General Society of Mayflower Descendants to support the continued restoration of the main facility in Plymouth, to provide funding for its research library at that site, and for educational purposes; and 10% to the Pilgrim Society to continue its work in displaying the story of the settlement and settlement artifacts. |
SECTION 1. LIMITATION ON FOREIGN ASSISTANCE. (a) Prohibition.--No amounts may be obligated or expended to provide any direct United States assistance, loan guarantee, or debt relief to a Government described under subsection (b). (b) Covered Governments.--The Governments referred to in subsection (a) are as follows: (1) The Government of Libya. (2) The Government of Egypt. (3) The Government of Pakistan. (4) The Government of a host country of a United States diplomatic facility on the list submitted to Congress pursuant to subsection (c). (c) Determination by Secretary.--The Secretary of State shall submit to Congress a list of all United States diplomatic facilities attacked, trespassed upon, breached, or attempted to be attacked, trespassed upon, or breached on or after September 1, 2012, not later than 5 days after the date of enactment of this Act and not later than 5 days after any subsequent attack, trespass, breach, or attempt. (d) Certification.--Beginning 90 days after the date of the enactment of this Act, the President may certify to Congress that-- (1) a Government described under subsection (b)-- (A) is cooperating or has cooperated fully with investigations into an attack, trespass, breach, or attempted attack, trespass, or breach; (B) has arrested or facilitated the arrest of, and if requested has permitted extradition of, all identifiable persons in such country associated with organizing, planning, or participating in the attack, trespass, breach, or attempted attack, trespass, or breach; (C) is facilitating or has facilitated any security improvements at United States diplomatic facilities, as requested by the United States Government; and (D) is taking or has taken sufficient steps to strengthen and improve reliability of local security in order to prevent any future attack, trespass, or breach; and (2) all identifiable persons associated with organizing, planning, or participating in the attack, trespass, breach, or attempted attack, trespass, or breach-- (A) have been identified by the Federal Bureau of Investigation, the Bureau of Diplomatic Security, or other United States law enforcement entity; and (B) are in United States custody. (e) Request To Suspend Prohibition on Foreign Assistance.-- (1) In general.--Except as provided under paragraph (2), upon submitting a certification under subsection (d) with respect to a Government described under subsection (b), the President may submit a request to Congress to suspend the prohibition on foreign assistance to the Government. (2) Pakistan.--No request under paragraph (1) may be submitted with respect to the Government of Pakistan until-- (A) Dr. Shakil Afridi has been released alive from prison in Pakistan; (B) any criminal charges brought against Dr. Afridi, including treason, have been dropped; and (C) if necessary to ensure his freedom, Dr. Afridi has been allowed to leave Pakistan alive. (f) Expedited Consideration of Presidential Request.-- (1) In general.--For purposes of this subsection, the term ``joint resolution'' means only a joint resolution introduced in the period beginning on the date on which a request under subsection (e) is received by Congress and ending 60 days thereafter (excluding days either House of Congress is adjourned for more than 3 days during a session of Congress), the matter after the resolving clause of which is as follows: ``That Congress approves the request submitted by the President to suspend the prohibition on foreign assistance to the Government of __ in effect since __, and such prohibition shall have no force or effect.'' (The blank spaces being appropriately filled in). (2) Referral.--A joint resolution described in paragraph (1) shall be referred to the committees in each House of Congress with jurisdiction. (3) Submission date defined.--For purposes of this section, the term ``submission date'' means the date on which a House of Congress receives the request submitted under subsection (e). (4) Discharge of senate committee.--In the Senate, if the committee to which is referred a joint resolution described in paragraph (1) has not reported such joint resolution (or an identical joint resolution) at the end of 20 calendar days after the submission date, such committee may be discharged from further consideration of such joint resolution upon a petition supported in writing by 30 Senators, and such joint resolution shall be placed on the calendar. (5) Senate consideration of resolution.-- (A) Motions.--In the Senate, when the committee to which a joint resolution is referred has reported, or when a committee is discharged (under paragraph (4)) from further consideration of a joint resolution described in paragraph (1), it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for a motion to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution is agreed to, the joint resolution shall remain the unfinished business of the Senate until disposed of. (B) Debate.--In the Senate, debate on the joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the joint resolution. A motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution is not in order. (C) Vote on final passage.--In the Senate, immediately following the conclusion of the debate on a joint resolution described in paragraph (1), and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate, the vote on final passage of the joint resolution shall occur. (D) Appeals of decisions of the chair.--Appeals from the decisions of the Chair relating to the application of the rules of the Senate to the procedure relating to a joint resolution described in paragraph (1) shall be decided without debate. (6) Inapplicability of certain provisions.--In the Senate, the procedures specified in paragraph (4) or (5) shall not apply to the consideration of a joint resolution respecting a request-- (A) after the expiration of the 60 session days beginning with the applicable submission date; or (B) if the request submitted under subsection (e) was submitted during the period beginning on the date occurring-- (i) in the case of the Senate, 60 session days, or (ii) in the case of the House of Representatives, 60 legislative days, before the date the Congress adjourns a session of Congress through the date on which the same or succeeding Congress first convenes its next session, after the expiration of the 60 session days beginning on the 15th session day after the succeeding session of Congress first convenes. (7) Receipt of joint resolution from other house.--If, before the passage by one House of a joint resolution of that House described in paragraph (1), that House receives from the other House a joint resolution described in paragraph (1), then the following procedures shall apply: (A) The joint resolution of the other House shall not be referred to a committee. (B) With respect to a joint resolution described in paragraph (1) of the House receiving the joint resolution-- (i) the procedure in that House shall be the same as if no joint resolution had been received from the other House; but (ii) the vote on final passage shall be on the joint resolution of the other House. (g) Report on Unsecured Weapons in Libya.--Not later than 90 days after the date of the enactment of this Act, the President shall submit a report to Congress examining the extent to which advanced weaponry remaining unsecured after the fall of Moammar Qaddafi was used by the individuals responsible for the September 11, 2012, attack on the United States consulate in Benghazi, Libya. (h) Rule of Construction.--Nothing in this section may be construed as an authorization for the use of military force. | Prohibits amounts from being obligated or expended for any direct U.S. assistance, loan guarantee, or debt relief to Libya, Egypt, Pakistan, or a host country of a U.S. diplomatic facility that was attacked, trespassed upon, breached, or attempted to be attacked, trespassed upon, or breached, on or after September 1, 2012. Authorizes the President to request that the prohibition be suspended with respect to a country if the President certifies to Congress that: (1) such country is cooperating with investigations into an attack, has arrested or extradited persons associated with the attack, and is improving local security; and (2) all persons associated with the attack have been identified by U.S. law enforcement and are in U.S. custody. Prohibits any request with respect to Pakistan until: (1) Dr. Shakil Afridi has been released alive from prison; (2) all charges brought against Dr. Afridi have been dropped; and (3) if necessary to ensure his freedom, Dr. Afridi has been allowed to leave Pakistan alive. Requires the President to report to Congress regarding the extent to which advanced weaponry remaining unsecured after the fall of Moammar Qaddafi was used by the individuals responsible for the September 11, 2012, attack on the U.S. consulate in Benghazi, Libya. Prohibits anything in this Act from being construed as an authorization for the use of military force. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Health Care Protection and Improvement Act of 1995''. SEC. 2. IMPROVING HEALTH CARE ACCESS AND REDUCING HEALTH CARE COSTS THROUGH TELEMEDICINE. (a) In General.--Title XVII of the Public Health Service Act (42 U.S.C. 300u et seq.) is amended-- (1) in the title heading by striking out ``AND HEALTH PROMOTION'' and inserting ``, HEALTH PROMOTION AND TELEMEDICINE DEVELOPMENT''; (2) by inserting after the title heading the following: ``Part A--Health Information and Health Promotion''; and (3) by adding at the end thereof the following new part: ``Part B--Telemedicine Development ``SEC. 1711. GRANT PROGRAM FOR PROMOTING THE DEVELOPMENT OF RURAL TELEMEDICINE NETWORKS. ``(a) Establishment.--The Secretary shall establish a program to award grants to eligible entities in accordance with this subsection to promote the development of rural telemedicine networks. ``(b) Grants for Development of Rural Telemedicine.--The Secretary of Health and Human Services, acting through the Office of Rural Health Policy, shall award grants to eligible entities that have applications approved under subsection (d) for the purpose of expanding access to health care services for individuals in rural areas through the use of telemedicine. Grants shall be awarded under this section to-- ``(1) encourage the initial development of rural telemedicine networks; ``(2) expand existing networks; ``(3) link existing networks together; or ``(4) link such networks to existing fiber optic telecommunications systems. ``(c) Eligible Entity Defined.--For the purposes of this section the term `eligible entity' means hospitals and other health care providers operating in a health care network of community-based providers that includes at least three of the following-- ``(1) community or migrant health centers; ``(2) local health departments; ``(3) community mental health centers; ``(4) nonprofit hospitals; ``(5) private practice health professionals, including rural health clinics; or ``(6) other publicly funded health or social services agencies. ``(d) Application.--To be eligible to receive a grant under this section an eligible entity shall prepare and submit to the Secretary an application at such time, in such manner and containing such information as the Secretary may require, including a description of-- ``(1) the need of the entity for the grant; ``(2) the use to which the entity would apply any amounts received under such grant; ``(3) the source and amount of non-Federal funds that the entity will pledge for the project funded under the grant; and ``(4) the long-term viability of the project and evidence of the providers commitment to the network. ``(e) Preference in Awarding Grants.--In awarding grants under this section, the Secretary shall give preference to applicants that-- ``(1) are health care providers operating in rural health care networks or that propose to form such networks with the majority of the providers in such networks being located in a medically undeserved area or health professional shortage area; ``(2) can demonstrate broad geographic coverage in the rural areas of the State, or States in which the applicant is located; and ``(3) propose to use funds received under the grant to develop plans for, or to establish, telemedicine systems that will link rural hospitals and rural health care providers to other hospitals and health care providers; ``(4) will use the amounts provided under the grant for a range of health care applications and to promote greater efficiency in the use of health care resources; ``(5) demonstrate the long-term viability of projects through use of local matching funds (in cash or in-kind); and ``(6) demonstrate financial, institutional, and community support and the long-range viability of the network. ``(f) Use of Amounts.--Amounts received under a grant awarded under this section shall be utilized for the development of telemedicine networks. Such amounts may be used to cover the costs associated with the development of telemedicine networks and the acquisition of telemedicine equipment and modifications or improvements of telecommunications facilities, including-- ``(1) the development and acquisition through lease or purchase of computer hardware and software, audio and visual equipment, computer network equipment, modification or improvements to telecommunications transmission facilities, telecommunications terminal equipment, interactive video equipment, data terminal equipment, and other facilities and equipment that would further the purposes of this section; ``(2) the provision of technical assistance and instruction for the development and use of such programming equipment or facilities; ``(3) the development and acquisition of instructional programming; ``(4) the development of projects for teaching or training medical students, residents, and other health professions students in rural training sites about the application of telemedicine; ``(5) transmission costs, maintenance of equipment, and compensation of specialists and referring practitioners; ``(6) the development of projects to use telemedicine to facilitate collaboration between health care providers; and ``(7) such other uses that are consistent with achieving the purposes of this section as approved by the Secretary. ``(g) Prohibited Use of Amounts.--Amounts received under a grant awarded under this section shall not be used for-- ``(1) expenditures to purchase or lease equipment to the extent the expenditures would exceed more than 60 percent of the total grant funds; or ``(2) expenditures for indirect costs (as determined by the Secretary) to the extent the expenditures would exceed more than 10 percent of the total grant funds. ``(h) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section. ``(i) Definition.--For the purposes of this section, the term `rural health care network' means a group of rural hospitals or other rural health care providers (including clinics, physicians and non- physicians primary care providers) that have entered into a relationship with each other or with nonrural hospitals and health care providers for the purpose of strengthening the delivery of health care services in rural areas or specifically to improve their patients' access to telemedicine services. At least 75 percent of hospitals and other health care providers participating in the network shall be located in rural areas. ``(j) Regulations on Reimbursement of Telemedicine.--Not later than July 1, 1996, the Secretary, in consultation with the Office of Rural Health and the Health Care Financing Administration, shall issue regulations regarding reimbursement for telemedicine services provided under title XVIII of the Social Security Act.''. SEC. 3. ESTABLISHMENT OF RURAL HEALTH OUTREACH GRANT PROGRAM. Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by adding at the end thereof the following new part: ``Part O--Rural Health Outreach Grants ``SEC. 399O. RURAL HEALTH OUTREACH GRANT PROGRAM. ``(a) In General.--The Secretary may make grants to demonstrate the effectiveness of outreach to populations in rural areas that do not normally seek or do not have access to health or mental health services. Grants shall be awarded to enhance linkages, integration, and cooperation in order to provide health or mental health services, to enhance services, or increase access to or utilization of health or mental health services. ``(b) Mission of the Outreach Projects.--Projects funded under subsection (a) should be designed to facilitate the integration and coordination of services in or among rural communities in order to address the needs of populations living in rural or frontier communities. ``(c) Composition of Program.-- ``(1) Consortium arrangement.--To be eligible to participate in the grant program established under subsection (a), an applicant entity shall be a consortium of three or more separate and distinct entities formed to carry out an outreach project under subsection (b). ``(2) Certain requirements.--A consortium under paragraph (1) shall be composed of three or more public or private nonprofit health care or social service providers. Consortium members may include local health departments, community or migrant health centers, community mental health centers, hospitals or private practices, or other publicly funded health or social service agencies. ``(d) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $30,000,000 for fiscal year 1996, and such sums as may be necessary for each of the fiscal years 1997 through 2000.''. SEC. 4. EXTENSION OF CERTAIN PAYMENT PROVISIONS FOR MEDICARE DEPENDENT SMALL RURAL HOSPITALS. (a) In General.--Section 1886(d)(5)(G)(i) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(G)(i)) is amended by striking ``October 1, 1994'' and inserting ``October 1, 1999''. (b) Payment.--Section 1886(b)(3)(D) of such Act (42 U.S.C. 1395ww(b)(3)(D)) is amended by striking ``September 30, 1994'' and inserting ``September 30, 1999''. (C) Effective Date.--The amendments made by this section shall take effect as if enacted on October 1, 1994. | Rural Health Care Protection and Improvement Act of 1995 - Directs the Secretary of Health and Human Services to award grants to eligible entities to expand access to health care services for individuals in rural areas through the use of telemedicine. Authorizes appropriations. Directs the Secretary to issue regulations regarding reimbursement for telemedicine services provided under title XVIII (Medicare) of the Social Security Act. Amends the Public Health Service Act to authorize the Secretary to make grants to demonstrate the effectiveness of outreach to populations in rural areas that do not normally seek or have adequate access to health or mental health services. Authorizes appropriations. Amends Medicare provisions to extend special payments under part A (Hospital Insurance) for the operating costs of inpatient services of small, rural Medicare-dependent hospitals. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeland Security Fund Act of 2002''. TITLE I--DESIGNATION OF AMOUNTS FOR HOMELAND SECURITY; HOMELAND SECURITY FUND SEC. 101. DESIGNATION OF AMOUNTS FOR HOMELAND SECURITY. (a) In General.--Subchapter A of chapter 61 of the Internal Revenue Code of 1986 (relating to returns and records) is amended by adding at the end the following new part: ``PART IX--DESIGNATION FOR HOMELAND SECURITY ``Sec. 6097. Designation. ``SEC. 6097. DESIGNATION. ``(a) In General.--Every taxpayer whose adjusted income tax liability for the taxable year is $3 or more may designate that $3 be paid over to the Homeland Security Fund. ``(b) Manner and Time of Designation.--A designation under subsection (a) may be made with respect to any taxable year-- ``(1) at the time of filing the return of the tax imposed by chapter 1 for such taxable year, or ``(2) at any other time (after the time of filing the return of the tax imposed by chapter 1 for such taxable year) specified in regulations prescribed by the Secretary. Such designation shall be made in such manner as the Secretary prescribes by regulations except that, if such designation is made at the time of filing the return of the tax imposed by chapter 1 for such taxable year, such designation shall be made either on the first page of the return or on the page bearing the taxpayer's signature. ``(c) Special Rules.-- ``(1) Designation of income tax liability.-- ``(A) Joint returns.--In the case of a joint return having an adjusted income tax liability of $6 or more, each spouse may designate that $3 be paid over to the Homeland Security Fund. ``(B) Adjusted income tax liability.--For purposes of this section, the term `adjusted income tax liability' means income tax liability (as defined in section 6096(b)) reduced by any amount designated under section 6096 (relating to designation of income tax payments to Presidential Election Campaign Fund).'' (b) Clerical Amendment.--The table of parts for such subchapter A is amended by adding at the end the following new item: ``Part IX. Designation for Homeland Security.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. SEC. 102. HOMELAND SECURITY FUND. (a) In General.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 (relating to trust fund code) is amended by adding at the end the following new section: ``SEC. 9511. HOMELAND SECURITY FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Homeland Security Fund', consisting of such amounts as may be appropriated or credited to such Trust Fund as provided in this section or section 9602(b). ``(b) Transfers to Trust Fund.--There are hereby appropriated to the Homeland Security Fund amounts equivalent to the amounts designated under section 6097 (relating to designation for homeland security). ``(c) Expenditures.--Amounts in the Homeland Security Fund shall be available, as provided in appropriation Acts, for making expenditures before January 1, 2007, for purposes of-- ``(1) adapting public health infrastructure to new threats, ``(2) securing all modes of transportation, ``(3) protecting America's physical and informational infrastructure, ``(4) providing law enforcement with the technology to effectively combat terrorism, ``(5) improving interagency and intergovernmental coordination, prevention and response, and ``(6) preventing proliferation of weapons of mass destruction and preparing the military to effectively fight terrorism.'' (b) Clerical Amendment.--The table of sections for such subchapter is amended by adding at the end the following new item: ``Sec. 9511. Homeland Security Fund.'' TITLE II--OFFICE OF HOMELAND SECURITY SEC. 201. OFFICE OF HOMELAND SECURITY. There is established within the Executive Office of the President an office to be known as the ``Office of Homeland Security'' (in this title referred to as the ``Office''). SEC. 202. DIRECTOR OF HOMELAND SECURITY. (a) Director.--The head of the Office shall be the Director of the Office of Homeland Security, who shall be appointed by the President, by and with the advice and consent of the Senate. The President shall ensure that the Director functions as a cabinet-level official. (b) Executive Schedule I Pay Rate for Director.--Section 5312 of title 5, United States Code, is amended by inserting after the item relating to the Director of National Drug Control Policy the following new item: ``Director of the Office of Homeland Security.''. SEC. 203. RESPONSIBILITIES. Subject to the direction and control of the President, the responsibilities of the Director shall include the following: (1) Directing, in consultation with appropriate Federal and State agencies and Congress, the creation of a national strategy for homeland security, as provided in section 204, to include all aspects of prevention and response to terrorist activities. (2) Developing, reviewing, and approving, in collaboration with the Director of the Office of Management and Budget, a national budget for homeland security and the allocation of amounts in the Homeland Security Fund among the purposes specified in section 9511(c) of the Internal Revenue Code of 1986. (3) Reviewing programs, plans and activities of the relevant Federal agencies to insure effective implementation of the national homeland security strategy. (4) Coordinating the planning and implementation of all Federal homeland security activities with relevant Federal agencies for the purposes of removing unnecessary duplication and gaps in counterterrorism activities. (5) Certifying as part of the budget submission of the President to Congress the relevance and accuracy of counterterrorism budgets from Federal agencies and rejecting budget requests not consistent with the national homeland security strategy. (6) Directing and reviewing the development of a comprehensive national assessment on the threat to homeland security, which shall be conducted by the heads of relevant Federal agencies. (7) Overseeing the appropriate sharing of information among Federal, State, and local agencies involved in intelligence collection and law enforcement for the purpose of protecting homeland security. (8) Establishing a center within the Office to analyze and publicize as appropriate lessons learned from homeland security exercises conducted by Federal, State, and local government agencies and other organizations involved in terrorism response. (9) Consulting regularly with Congress on all issues relating to homeland security. (10) Attending meetings of the President's cabinet and the National Security Council relating to counterterrorism and homeland security. (11) Serving as the President's principal spokesperson on issues relevant to homeland security. SEC. 204. NATIONAL HOMELAND SECURITY STRATEGY. The national homeland security strategy created under section 203 shall include the following: (1) A comprehensive research, development, and procurement plan for supporting homeland security. (2) Mechanisms to insure the flexibility and mobility in Federal personnel policies and practices to achieve maximum effective use of personnel among all concerned agencies. (3) Policies and procedures to maximize the collection, analysis, translation, exploitation, and dissemination of, throughout the Federal Government and with State and local authorities, information relevant to homeland security concerns. (4) Plans for improving the resources of, coordination among, and effectiveness of health and medical sectors for detecting and responding to terrorist attacks on the homeland. (5) Specific measures to enhance cooperative efforts between the public and private sectors in protecting homeland security. SEC. 205. OFFICERS AND STAFF OF OFFICE. (a) Officers.--The President shall assign to the Office such officers in addition to the Director, if any, as the President, in consultation with the Director, considers appropriate to discharge the responsibilities of the Office. (b) Staff.--The Director may appoint such employees, and may detail employees from other agencies, as necessary to carry out the functions of the Office. Such employees shall include individuals with relevant State and local expertise. SEC. 206. ANNUAL REPORTS. The Director shall submit to the Congress annual reports of the activities of the Office in carrying out the responsibilities specified in section 203. SEC. 207. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such amounts as are necessary to carry out this title. | Homeland Security Fund Act of 2002 - Amends the Federal Internal Revenue Code to authorize each taxpayer to designate $3 of tax liability to a Homeland Security Fund established by this Act. Authorizes disbursements from the fund prior to January 1, 2007, for a variety of purposes, including: (1) helping law enforcement battle terrorism; (2) securing all modes of transportation; and (3) preventing proliferation of weapons of mass destruction and helping the military to fight terrorism.Establishes an Office of Homeland Security, to be headed by a Director of Homeland Security. Grants the Director cabinet-level status. Assigns the Director tasks coordinating the effort by the Federal, State, and local governments to safeguard the nation from terrorism. Directs the Director, among other tasks, to: (1) develop a national strategy for homeland security in consultation with Congress and Federal and State agencies; and (2) establish a national budget for homeland security in collaboration with the Director of the Office of Management and Budget. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Enumerated Powers Act''. SEC. 2. CONSTITUTIONAL AUTHORITY CLAUSE. (a) In General.--Chapter 2 of title 1, United States Code, is amended by inserting after section 102 the following: ``Sec. 102a. Constitutional authority clause ``(a) In General.--Each Act of Congress, bill, and resolution, or conference report thereon or amendment thereto, shall contain a concise explanation of the specific authority in the Constitution of the United States relied upon as the basis for enacting each portion of the measure. ``(b) Federal Activities.--To the extent that any Act of Congress, bill or resolution, or conference report thereon or amendment thereto, limits or abolishes any Federal activity, spending, or power overall, a statement of constitutionality may cite the 9th Amendment or the 10th Amendment to the Constitution of the United States. ``(c) Enumerated Spending Clause.--Invoking a clause included in the enumerated spending clause under clause 1 of section 8 of article I of the Constitution of the United States, such as the common defense clause, the general welfare clause, or the necessary and proper clause, in a statement of constitutionality is not sufficient to satisfy the requirement of subsection (a). ``(d) Commerce Clause.--Invoking the commerce clause of section 8 of article I of the Constitution of the United States in a statement of constitutionality for any purpose other than the regulation of the buying and selling of goods or services, or the transporting for those purposes, across boundaries with foreign nations, across State lines, or with the Indian tribes is not sufficient to satisfy the requirement of subsection (a). ``(e) Failure To Comply.-- ``(1) In general.--A failure to comply with subsection (a) shall give rise to a point of order in either House of Congress, which may be raised by any Senator during consideration in the Senate or any Member of the House of Representatives during consideration in the House of Representatives. ``(2) Nonexclusivity.--The availability of a point of order under this section shall not affect the availability of any other point of order. ``(f) Disposition of Point of Order in the Senate.-- ``(1) In general.--Any Senator may raise a point of order that any matter is not in order under subsection (a). ``(2) Waiver.-- ``(A) In general.--Any Senator may move to waive a point of order raised under paragraph (1) by an affirmative vote of two-thirds of the Senators duly chosen and sworn. ``(B) Procedures.--For a motion to waive a point of order under subparagraph (A) as to a matter-- ``(i) a motion to table the point of order shall not be in order; ``(ii) all motions to waive one or more points of order under this section as to the matter shall be debatable for a total of not more than 3 hours, equally divided between the Senator raising the point of order and the Senator moving to waive the point of order or their designees; and ``(iii) a motion to waive the point of order shall not be amendable. ``(g) Disposition of Point of Order in the House of Representatives.-- ``(1) In general.--If a Member of the House of Representatives makes a point of order under this section, the Chair shall put the question of consideration with respect to the proposition of whether any statement of constitutionality made under subsection (a) was adequate or, in the absence of such a statement, whether a statement is required under subsection (a). ``(2) Consideration.--For a point of order under this section made in the House of Representatives-- ``(A) the question of consideration shall be debatable for 10 minutes, equally divided and controlled by the Member making the point of order and by an opponent, but shall otherwise be decided without intervening motion except one that the House of Representatives adjourn or that the Committee of the Whole rise, as the case may be; ``(B) in selecting the opponent, the Speaker of the House of Representatives should first recognize an opponent from the opposing party; and ``(C) the disposition of the question of consideration with respect to a measure shall be considered also to determine the question of consideration under this section with respect to an amendment made in order as original text.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 2 of title 1, United States Code, is amended by inserting after the item relating to section 102 the following: ``102a. Constitutional authority clause.''. SEC. 3. EXPLANATION OF CONSTITUTIONAL AUTHORITY. This Act is enacted pursuant to the power granted to each House of Congress to determine the rules of its proceedings under article I, section 5, clause 2 of the Constitution of the United States. | Enumerated Powers Act - Requires each Act of Congress, bill, resolution, conference report, or amendment to contain a concise explanation of the specific constitutional authority relied upon as the basis for enacting each portion of the measure. Permits a statement of constitutionality, to the extent that a measure limits or abolishes any federal activity, spending, or power overall, to cite the 9th or the 10th Amendment to the U.S. Constitution. Declares that invoking one or more specified parts of the following clauses in a statement of constitutionality is not sufficient to satisfy the requirements of this Act: (1) the enumerated spending clause; or (2) the commerce clause for any purpose other than the regulation of the buying and selling of goods or services, or their transportation, across boundaries with foreign nations, across state lines, or with the Indian tribes. Declares that failure to comply with this requirement shall give rise to a point of order in either chamber. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Death Tax and Legal Fee Relief Act of 1997''. SEC. 2. UNIFIED CREDIT INCREASED TO EQUIVALENT OF $1,200,000 EXCLUSION. (a) In General.--Subsection (a) of section 2010 of the Internal Revenue Code of 1986 (relating to unified credit against estate tax) is amended by striking ``$192,800'' and inserting ``the applicable credit amount''. (b) Applicable Credit Amount.--Section 2010 of such Code is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: ``(c) Applicable Credit Amount.--For purposes of this section-- ``(1) In general.--The applicable credit amount is the amount of the tentative tax which would be determined under the rate schedule set forth in section 2001(c) if the amount with respect to which such tentative tax is to be computed were the applicable exclusion amount determined in accordance with the following table: ``In the case of estates of decedents The applicable dying, and gifts made, during: exclusion amount is: 1998............................... $750,000 ``(2) Cost-of-living adjustments.--In the case of any decedent dying, and gifts made, in a calendar year after 1998, the $750,000 amount set forth in paragraph (1) shall be increased by an amount equal to-- ``(A) $750,000, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting `calendar year 2002' for `calendar year 1992' in subparagraph (B) thereof. If any amount as adjusted under the preceding sentence is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000.'' (c) Unified Gift Tax Credit.--Paragraph (1) of section 2505(a) of such Code is amended by striking ``$192,800'' and inserting ``the applicable credit amount in effect under section 2010(c) for such calendar year''. (d) Conforming Amendments.-- (1) Paragraph (1) of section 6018(a) of such Code is amended by striking ``$600,000'' and inserting ``the applicable exclusion amount in effect under section 2010(c) (as adjusted under paragraph (2) thereof) for the calendar year which includes the date of death''. (2) Paragraph (2) of section 2001(c) of such Code is amended by striking ``$21,040,000'' and inserting ``the amount at which the average tax rate under this section is 55 percent''. (3) Subparagraph (A) of section 2102(c)(3) of such Code is amended by striking ``$192,800'' and inserting ``the applicable credit amount in effect under section 2010(c) for the calendar year which includes the date of death''. (e) Effective Date.--The amendments made by this section shall apply to the estates of decedents dying, and gifts made, after December 31, 1997. SEC. 3. INCREASE IN AMOUNT OF ESTATE TAX DEFERRAL AVAILABLE TO OWNERS OF SMALL BUSINESSES. (a) In General.--Subsection (a) of section 6166 of the Internal Revenue Code of 1986 (relating to extension of time for payment of estate tax where estate consists largely of interest in closely held business) is amended by adding at the end the following new paragraph: ``(4) Interest not required to be paid if closely held business is small business.-- ``(A) In general.--In the case of an interest in a closely held business which is a small business at all times on or after the date of the enactment of this paragraph, no interest shall be required to be paid on any installment permitted made within five years of decedent's death under this section to the extent the amount of such installment is attributable to such interest. ``(B) Small business.--For purposes of subparagraph (A), the term `small business' means any closely held business with aggregate gross assets (determined in accordance with section 1202(d)) which do not exceed $20,000,000.'' (b) Effective Date.--The amendment made by this section shall apply to estates of decedents dying after December 31, 1997. SEC. 4. UNIFIED CREDIT INCREASED BY UNUSED UNIFIED CREDIT OF PREDECEASED SPOUSE. (a) In General.--Section 2010 of the Internal Revenue Code of 1986 (relating to unified credit against estate tax) is amended by redesignating subsections (b) and (c) as subsections (c) and (d), respectively, and by inserting after subsection (a) the following new subsection: ``(b) Increase in Credit for Unused Unified Credit of Predeceased Spouse.-- ``(1) In general.--The amount of the credit allowable under subsection (a) shall be increased by the aggregate of the amounts of the unused predeceased spouse credit. ``(2) Unused predeceased spouse credit.--For purposes of paragraph (1)-- ``(A) In general.--The term `unused predeceased spouse credit' means, with respect to any predeceased spouse of the decedent, the amount equal to the excess of-- ``(i) the maximum amount allowable under subsection (a) to the estate of such spouse, over ``(ii) the tax imposed by section 2001 reduced by the credits against such tax other than the credit allowed by this section. ``(B) Limitation based on credit equivalent of value of property passing to decedent from predeceased spouse.--The amount of the unused predeceased spouse credit with respect to any predeceased spouse shall not exceed the credit equivalent of the aggregate value of property acquired from or passing from (within the meaning of section 1014) the predeceased spouse to the decedent. ``(C) Credit equivalent.--For purposes of subparagraph (B), the credit equivalent is the amount of the tentative tax which would be determined under the rate schedule set forth in section 2001(c) if the amount with respect to which the tentative tax is to be computed were the aggregate value of the property referred to in subparagraph (B). ``(3) Limitation on aggregate increase where more than 1 predeceased spouse.--In no event may the amount of the increase under paragraph (1) exceed the dollar amount contained in subsection (a). ``(4) Predeceased spouse.--For purposes of this subsection, the term `predeceased spouse' means, with respect to the decedent, an individual who was married to the decedent on the date of such individual's death.'' (b) Gift Tax.--Section 2505 of such Code is amended by redesignating subsections (b) and (c) as subsections (c) and (d), respectively, and by inserting after subsection (a) the following new subsection: ``(b) Increase in Credit for Unused Unified Credit of Predeceased Spouse.--Rules similar to the rules of section 2010(b) shall apply with respect to calendar years beginning after the date of death of any predeceased spouse of the donor.'' (c) Effective Date.--The amendments made by this section shall apply to estates of decedents dying, and gifts made, after December 31, 1997. | Death Tax and Legal Fee Relief Act of 1997 - Amends the Internal Revenue Code to increase the unified credit against estate and gift taxes and provide for an additional increase based upon the unused credit of a predeceased spouse. Provides for a five-year deferral of interest on estate tax installment payments relating to a small business (closely held business with not more than $20 million in assets). |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Electronic Mailbox Protection Act of 1997''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The Internet has increasingly become a critical mode of global communication and now presents unprecedented opportunities for the development and growth of global commerce and an integrated worldwide economy. (2) In order for global commerce on the Internet to reach its full potential, individuals and entities using the Internet and other online services should be prevented from engaging in activities that prevent other users and Internet service providers from having a reasonably predictable, efficient, and economical online experience. (3) Unsolicited electronic mail can be an important mechanism through which commercial vendors, nonprofit organizations, and other providers of services recruit members, advertise, and attract customers in the online environment. (4) The receipt of unsolicited electronic mail may result in undue monetary costs to recipients who cannot refuse to accept such mail and who incur costs for the storage of such mail, or for the time spent accessing, reviewing, and discarding such mail, or for both. (5) Unsolicited electronic mail sent in bulk may impose significant monetary costs on the Internet service providers, businesses, and educational and non-profit institutions that carry and receive such mail, as there is a finite volume of mail that such providers, businesses, and institutions can handle at any one point in time. The sending of such mail is increasingly and negatively affecting the quality of service provided to customers of Internet service providers. (6) While many senders of bulk unsolicited electronic mail provide simple and reliable ways for recipients to reject (or ``opt-out'' of) receipt of unsolicited electronic mail from such senders in the future, other senders provide no such ``opt-out'' mechanism, or refuse to honor the requests of recipients not to receive electronic mail from such senders in the future, or both. (7) An increasing number of senders of bulk unsolicited electronic mail purposefully disguise the source of such mail so as to prevent recipients from responding to such mail quickly and easily. (8) Many senders of unsolicited electronic mail collect (or ``harvest'') electronic mail addresses of potential recipients without the knowledge of their intended recipients and in violation of the rules or terms of service of the fora from which such addresses are collected. (9) Because recipients of unsolicited electronic mail are unable to avoid the receipt of such mail through reasonable means, such mail may threaten the privacy of recipients. This privacy threat is enhanced for recipients whose electronic mail software or server alerts them to new mail as it arrives, as unsolicited electronic mail thereby disrupts the normal operation of the recipient's computer. (10) In legislating against certain abuses on the Internet, Congress and the States should be very careful to avoid infringing in any way upon constitutionally protected rights, including the rights of assembly, free speech, and privacy. (11) In order to realize the full potential for online electronic commerce, senders of bulk unsolicited electronic mail should be required to abide by the requests of electronic mail recipients, Internet service providers, businesses, and educational and non-profit institutions to cease sending such mail to such recipients, providers, businesses, and educational and non-profit institutions. SEC. 3. PROHIBITION ON CERTAIN ACTIVITIES THAT MISAPPROPRIATE THE RESOURCES OF ONLINE SERVICE PROVIDERS. (a) In General.--Whoever, in or affecting interstate or foreign commerce-- (1) initiates the transmission of an unsolicited electronic mail message from an unregistered or fictitious Internet domain, or an unregistered or fictitious electronic mail address, for the purpose of-- (A) preventing replies to such message through use of a standard reply mechanism in the recipient's electronic mail system; or (B) preventing receipt of standard notices of non- delivery; (2) uses a computer program or other technical mechanism or procedure to disguise the source of unsolicited electronic mail messages for the purpose of preventing recipients, or recipient interactive computer services, from implementing a mail filtering tool to block the messages from reaching the intended recipients; (3) initiates the transmission of an unsolicited electronic mail message and fails to comply with the request of the recipient of the message, made to the sender or the listserver as appropriate, to cease sending electronic messages to the recipient in the future; (4) distributes a collection or list of electronic mail addresses, having been given prior notice that one or more of the recipients identified by such addresses does not wish to receive unsolicited electronic mail and knowing that the recipient of such addresses intends to use such addresses for the purpose of sending unsolicited electronic mail; (5) initiates the transmission of an unsolicited electronic mail message to a recipient despite having been given prior notice (either directly or through a standard method developed, adopted, or modified by an Internet standard setting organization (such as the Internet Engineering Task Force or the World Wide Web Consortium) to better facilitate pre-emptive consumer control over bulk unsolicited electronic mail) that the recipient does not wish to receive such messages; (6) registers, creates, or causes to be created an Internet domain or applies for, registers, or otherwise obtains the use of an Internet electronic mail account for the sole or primary purpose of initiating the transmission of an unsolicited electronic mail message in contravention of paragraph (1) or (2); (7) directs an unsolicited electronic mail message through the server of an interactive computer service to one or more subscribers of the interactive computer service, knowing that such action is in contravention of the rules of the interactive computer service with respect to bulk unsolicited electronic mail messages; (8) knowing that such action is in contravention of the rules of the interactive computer service concerned, accesses the server of the interactive computer service and uses a computer program to collect electronic mail addresses of subscribers of the interactive computer service for the purpose of sending such subscribers unsolicited electronic mail or distributing such addresses knowing that the recipient of such addresses intends to use such addresses for the purpose of sending unsolicited electronic mail; or (9) initiates the transmission of bulk unsolicited electronic mail messages and divides the mailing of such messages into smaller mailings for the purpose of circumventing another provision of this Act, shall be subject to a civil penalty of not more than $5,000 per individual violation. (b) Enforcement.--The Federal Trade Commission shall have the authority to commence civil actions under subsection (a). SEC. 4. RECOVERY OF CIVIL DAMAGES. (a) In General.--Any person whose interactive computer service or electronic mailbox is intentionally misused or infiltrated, or whose requests for cessation of electronic mail messages have been ignored, in violation of section 3 may in a civil action recover from the person or entity which engaged in that violation such relief as may be appropriate. (b) Relief.--In an action under this section, appropriate relief includes-- (1) such preliminary and other equitable or declaratory relief as may be appropriate; (2) actual monetary loss from a violation, statutory damages of not more than $500 for each violation, and, if the court finds that the defendant's actions were particularly egregious, willful, or knowing violations of section 3, the court may, in its discretion, increase the amount of an award to an amount equal to not more than 10 times the amount available hereunder; and (3) a reasonable attorney's fee and other litigation costs reasonably incurred. SEC. 5. STATE LAW. Nothing in this Act shall be construed to prevent any State from enforcing any State law that is consistent with this Act. No cause of action may be brought and no liability may be imposed under any State or local law that is inconsistent with this Act. SEC. 6. FEDERAL TRADE COMMISSION STUDY INTO EFFECTS OF UNSOLICITED ELECTRONIC MAIL. Not later than 18 months after the date of enactment of this Act, the Federal Trade Commission shall submit to Congress a report detailing the effectiveness of, enforcement of, and the need, if any, for Congress to modify the provisions of this Act. SEC. 7. DEFINITIONS. In this Act: (1) Bulk unsolicited electronic mail message.--The term ``bulk unsolicited electronic mail message'' means any substantially identical unsolicited electronic mail message with 25 or more intended recipients. (2) Electronic mail address.-- (A) In general.--The term ``electronic mail address'' means a destination (commonly expressed as a string of characters) to which electronic mail can be sent or delivered. (B) Inclusion.--In the case of the Internet, the term ``electronic mail address'' may include an electronic mail address consisting of a user name or mailbox (commonly referred to as the ``local part'') and a reference to an Internet domain (commonly referred to as the ``domain part''). (3) Initiates the transmission.--The term ``initiates the transmission'', in the case an electronic mail message, refers to the action of the original sender of the message and not to any intervening computer service that may handle or retransmit the message, unless the intervening computer service retransmits the message with an intent to engage in activities prohibited by this Act. (4) Interactive computer service.--The term ``interactive computer service'' has the meaning given that term in section 230(e)(2) of the Communications Act of 1934 (47 U.S.C. 230(e)(2)). (5) Internet.--The term ``Internet'' has the meaning given that term in section 230(e)(1) of the Communications Act of 1934 (47 U.S.C. 230(e)(1)). (6) Internet domain.--The term ``Internet domain'' refers to a specific computer system (commonly referred to as a ``host'') or collection of computer systems attached to or able to be referenced from the Internet which are assigned a specific reference point on the Internet (commonly referred to as the ``Internet domain name'') and registered with an organization recognized by the computer industry as a registrant of Internet domains. (7) Listserver.--The term ``listserver'' refers to a computer program that provides electronic mailing list management functions, including functions that allow individuals to subscribe and unsubscribe to and from electronic mailing lists. (8) Mail filtering tool.--The term ``mail filtering tool'' means any computer program, procedure, or mechanism used by an individual recipient or interactive computer service to block, return, reroute, or otherwise screen or sort incoming electronic mail messages. (9) Server.--The term ``server'' refers to any computer that provides support or services of any kind, including electronic mailboxes, to other computers (commonly referred to as ``clients''). (10) Unsolicited electronic mail message.--The term ``unsolicited electronic mail message'' means any electronic mail other than electronic mail sent by persons to others with whom they have a prior relationship, including a prior business relationship, or mail sent by a source to recipients where such recipients, or someone authorized by them, have at any time affirmatively requested to receive communications from that source. SEC. 8. EFFECTIVE DATE. This provisions of this Act shall take effect 45 days after the date of enactment of this Act. | Electronic Mailbox Protection Act of 1997 - Subjects to a $5,000 civil penalty any person who, in or affecting interstate or foreign commerce: (1) initiates the transmission of an unsolicited electronic mail message from an unregistered or fictitious electronic mail address to prevent replies through use of a standard reply mechanism in the recipient's electronic mail system or to prevent receipt of standard notices of non-delivery; (2) uses a technical mechanism or procedure to disguise the source of unsolicited electronic mail messages to prevent recipients or recipient interactive computers services from implementing a mail filtering tool to block the messages from reaching the intended recipients; (3) initiates the transmission of an unsolicited electronic mail message and fails to comply with the request of the recipient, made to the sender or listserver, to cease sending electronic messages to the recipient in the future; (4) distributes electronic mail addresses having been given prior notice that addressees do not wish to receive unsolicited electronic mail and knowing that the recipient of such addresses intends to use such addresses for that purpose; (5) initiates the transmission of an unsolicited electronic mail message to a recipient despite having been given prior notice that the recipient does not wish to receive such messages; (6) registers, creates, or causes to be created an Internet domain or obtains the use of an Internet electronic mail account for the purpose of initiating the transmission of an unsolicited electronic mail message in contravention of this Act; (7) directs an unsolicited electronic mail message through the server of an interactive computer service to subscribers of the interactive computer service, knowing that such action is in contravention of the rules of the interactive computer service with respect to bulk unsolicited electronic mail messages; (8) knowing that such action is in contravention of the rules of the interactive computer service concerned, accesses the server of the interactive computer service and uses a computer program to collect electronic mail addresses of subscribers to send unsolicited electronic mail or distributes such addresses knowing that the recipient intends to use the addresses to send unsolicited electronic mail; or (9) initiates the transmission of bulk unsolicited electronic mail messages and divides the mailing of such messages into smaller mailings to circumvent another provision of this Act. Vests authority in the Federal Trade Commission (FTC) to commence civil actions under this Act. Sets forth provisions allowing recovery of civil damages for persons whose interactive computer service or electronic mailbox is intentionally misused or infiltrated, or whose requests for cessation of electronic mail messages have been ignored, in violation of this Act. Requires the FTC to report to the Congress on the effectiveness of, enforcement of, and the need, if any, for the Congress to modify the provisions of this Act. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Energy Reorganization Act of 2012''. SEC. 2. FINDINGS. Congress finds that-- (1) Americans are paying an ever-increasing amount to meet basic energy needs; (2) a consolidation of energy-production functions within a single agency would contribute to greater strategic energy policy coherence; (3) the mission of the Department of Energy is an obligation to ensure the energy security and prosperity of the United States; (4) the Department of Energy is the primary Federal source for energy data and forecasting at the Energy Information Administration; (5) the Energy Information Administration can best account for national energy needs both now and in the future; (6) fossil-fuel production on Federal land decreased by 14 percent in 2011 and is anticipated to continue declining into the foreseeable future under the stewardship of the Secretary of the Interior; (7) the Secretary of the Interior continues to restrict access to domestic energy; (8) the Department of the Interior is oriented more toward conservation and managing Federal land than providing for the future energy needs of the United States; and (9) the Secretary of the Interior continues to pursue land management and resource development decisions that hamper economic growth and fail to meet the energy needs of the United States. SEC. 3. DEFINITIONS. In this Act: (a) Department.--The term ``Department'' means the Department of Energy. (b) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 4. OFFICE OF FEDERAL ENERGY PRODUCTION. (a) Establishment.--There shall be within the Department an Office of Federal Energy Production. (b) Director.--The Office of Federal Energy Production shall be headed by a Director, who shall be appointed by the Secretary. (c) Transfer of Functions.--There are transferred to, and vested in, the Director of the Office of Federal Energy Production all of the functions provided by law (as of the date of enactment of this Act) to-- (1) the Director of the Bureau of Ocean Energy Management; (2) the Director of the Bureau of Safety and Environmental Enforcement; and (3) the Director of the Bureau of Land Management of the Department of the Interior with respect to oil and gas development and renewable energy production. SEC. 5. BUREAU OF SAFETY AND ENVIRONMENTAL ENFORCEMENT. (a) Establishment.--There shall be within the Department a Bureau of Safety and Environmental Enforcement. (b) Director.--The Bureau of Safety and Environmental Enforcement shall be headed by a Director, who shall be appointed by the Secretary. (c) Transfer of Functions.--There are transferred to, and vested in, the Director of the Bureau of Safety and Environmental Enforcement all of the functions provided by law (including regulations), as of the date of enactment of this Act, to the Director of the Bureau of Safety and Environmental Enforcement of the Department of the Interior. SEC. 6. BUREAU OF OCEAN ENERGY MANAGEMENT. (a) Establishment.--There shall be within the Department a Bureau of Ocean Energy Management. (b) Director.--The Bureau of Ocean Energy Management shall be headed by a Director, who shall be appointed by the Secretary. (c) Transfer of Functions.--Except as otherwise provided in this title, there are transferred to, and vested in, the Director of the Bureau of Ocean Energy Management all of the functions provided by law (as of the date of enactment of this Act) to the Director of the Bureau of Ocean Energy Management of the Department of the Interior. SEC. 7. CERTIFICATION OF 5-YEAR LEASING PLAN. Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344) is amended by adding at the end the following: ``(i) Certification by Secretary of Energy.-- ``(1) In general.--The Secretary of Energy shall certify that the program prepared under subsection (a) will best meet national energy needs for the 5-year period following the approval or reapproval of the program. ``(2) Modification or rejection.-- ``(A) In general.--The Secretary of Energy may modify or reject any program prepared under subsection (a). ``(B) Oil from foreign sources other than canada or mexico.--If the Secretary of Energy, in consultation with the Energy Information Administration, determines that the United States will require more than 1,000,000 barrels of oil per day for the next fiscal year from foreign sources other than Canada and Mexico, the Secretary shall amend the program prepared under subsection (a) to include additional lease sales in additional areas. ``(j) Public Comment by Private Entities.-- ``(1) In general.--The procedures described in subsection (f)(2) shall include a 30-day period for public notice and participation, once annually, for private entities to provide the Secretary with a notice of interest to lease and produce oil in any area not prohibited by a moratorium. ``(2) Modification.--If the Secretary receives a notice of interest under paragraph (1), the Secretary shall modify the plan prepared under subsection (a) for the next year to include a lease sale in each area specified in the notice of interest.''. SEC. 8. SHALE LEASES AND PERMITS; PUBLICLY AVAILABLE DATA. Section 21 of the Mineral Leasing Act (30 U.S.C. 241) is amended by adding at the end the following: ``(e) Financing for Research.--In addition to any funds made available to the Secretary of the Interior to carry out this subsection for each fiscal year, of the funds made available to the Secretary of Energy for each fiscal year, there is authorized to be appropriated such sums as are necessary to carry out this subsection for each fiscal year. ``(f) Publicly Available Data.--The Secretary of Energy shall post on the main page of the public Internet website of the Department of Energy the revenue and production data resulting from the leases under subsection (a).''. SEC. 9. EXEMPTION OF THE DEPARTMENT OF ENERGY FROM THE EQUAL ACCESS TO JUSTICE ACT. Sections 504 of title 5 and 2412 of title 28, United States Code, shall not apply to the Department of Energy. SEC. 10. TRANSFER AND ALLOCATIONS OF APPROPRIATIONS AND PERSONNEL. (a) In General.--Except as otherwise provided in this Act, the personnel employed in connection with, and the assets, liabilities, contracts, property, records, and unexpended balance of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available to, or to be made available in connection with the functions transferred by this Act, subject to section 1531 of title 31, United States Code, are transferred to the Secretary for appropriate allocation. (b) Use of Unexpended Funds.--Unexpended funds transferred under subsection (a) shall only be used for the purposes for which the funds were originally authorized and appropriated. (c) Specific Positions.--Positions expressly specified by statute or reorganization plan to carry out functions transferred by this Act, personnel occupying those positions and personnel authorized to receive compensation in those positions at the rate prescribed for offices and positions at level I, II, III, IV, or V of the Executive Schedule under subchapter II of chapter 53 of title 5, United States Code, on the effective date of this Act, shall be subject to section 3103 of that title. SEC. 11. EFFECT ON PERSONNEL. (a) In General.--Except as otherwise provided in this Act or by the Secretary, the transfer under this Act of full-time personnel (except special Government employees) and part-time personnel holding permanent positions under this Act shall not cause any such employee to be separated or reduced in grade or compensation for 1 year after the date of enactment of this Act. (b) Compensation.--Any person who, on the effective date of this Act, holds a position compensated in accordance with the Executive Schedule prescribed in chapter 53 of title 5, United States Code, and who, without a break in service, is appointed in the Department to a position having duties comparable to the duties performed immediately preceding the appointment shall continue to be compensated in the new position at not less than the rate provided for the previous position, for the duration of service in the new position. (c) Reemployment Rights.-- (1) In general.--An employee transferred to the Department who holds reemployment rights acquired under any provision of law (including regulations) may exercise those rights only during the latter of-- (A) the 120-day period beginning on the effective date of this Act; or (B) the 2-year period beginning on the date on which the employee acquired the reemployment rights. (2) Requirement.--Reemployment rights may only be exercised at the request of the employee. SEC. 12. AGENCY TERMINATIONS. (a) In General.--Except as otherwise provided in this Act, whenever all of the functions vested by law in any agency, commission, or other body, or any component of an agency, commission, or other body, have been terminated or transferred from that agency, commission, or other body, or component by this Act, the agency, commission, or other body, or component, shall terminate. (b) Termination of Positions and Offices.--If an agency, commission, or other body, or any component of an agency, commission, or other body, terminates under subsection (a), each position and office within the agency, commission, or other body, or component, that was expressly authorized by law, or the incumbent of which was authorized to receive compensation at the rates prescribed for an office or position at level II, III, IV, or V of the Executive Schedule under subchapter II of chapter 53 of title 5, United States Code, shall terminate. SEC. 13. INCIDENTAL TRANSFERS. The Director of the Office of Management and Budget, in consultation with the Secretary, shall make such determinations as may be necessary with regard to the transfer of functions that relate to or are used by an agency, commission or other body, or component of an agency, commission, or other body, affected by this Act, to make such additional incidental dispositions of personnel, assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with the functions transferred by this Act, as the Director considers necessary to accomplish the purposes of this Act. SEC. 14. SAVINGS PROVISIONS. (a) Orders To Remain in Effect.-- (1) In general.--All orders, determinations, rules, regulations, permits, contracts, certificates, licenses, and privileges described in paragraph (2) shall continue in effect according to their respective terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Secretary, or other authorized officials, a court of competent jurisdiction, or by operation of law. (2) Specification.--Paragraph (1) applies to all orders, determinations, rules, regulations, permits, contracts, certificates, licenses, and privileges that-- (A) have been issued, made, granted, or allowed to become effective by the President, any Federal department or agency, official of a Federal department or agency, or by a court of competent jurisdiction, in the performance of functions that are transferred under this Act to the Department after the date of enactment of this Act; and (B) are in effect on the date on which this Act takes effect. (b) Pending Proceedings.-- (1) In general.--This Act shall not affect any proceeding or any application for any license, permit, certificate, or financial assistance pending before any department, agency, commission, or component of a department, agency, or commission, functions of which are transferred by this Act on the effective date of this Act. (2) Continuation.-- (A) In general.--To the extent that the proceedings and applications described in paragraph (1) relate to functions transferred by this Act-- (i) the proceedings and applications shall be continued; and (ii) orders shall be issued, appeals shall be taken, and payments shall be made under the orders, as if this Act had not been enacted. (B) Effect.--Orders issued in any proceeding continued under this paragraph shall continue in effect until modified, terminated, superseded, or revoked by-- (i) a duly authorized official; (ii) a court of competent jurisdiction; or (iii) operation of law. (C) Discontinuance or modification.--Nothing in this subsection prohibits the discontinuance or modification of any proceeding described in paragraph (1) under the same terms and conditions and to the same extent that the proceeding could have been discontinued or modified if this Act had not been enacted. (3) Regulations.--The Secretary may promulgate regulations providing for the orderly transfer of proceedings described in paragraph (1) to the Department. (c) Pending Suits.-- (1) In general.--Except as provided in paragraph (3)-- (A) this Act shall not affect suits commenced prior to the effective date of this Act; and (B) in all suits described in subparagraph (A), proceedings shall be had, appeals taken, and judgments rendered in the same manner and effect as if this Act had not been enacted. (2) Suits by and against officers in official capacity and departments and agencies.-- (A) Offices.--No suit, action, or other proceeding commenced by or against any officer in the official capacity of the officer as an officer of any department or agency, functions of which are transferred by this Act, shall abate by reason of the enactment of this Act. (B) Departments and agencies.--No cause of action by or against any department or agency, functions of which are transferred by this Act, or by or against any officer of a department or agency in the official capacity of the officer, shall abate by reason of the enactment of this Act. (3) Transfer.--If, before the effective date of this Act, any department or agency, or officer of a department or agency in the official capacity of the officer, is a party to a suit, and under this Act any function of the department, agency, or officer is transferred to the Secretary or any other official, then the suit shall be continued with the Secretary or other official, as applicable, substituted. SEC. 15. REFERENCE. With respect to any functions transferred by this Act and exercised after the effective date of this Act, reference in any other Federal law to any department, commission, or agency or any officer or office the functions of which are so transferred shall be deemed to refer to the Secretary or other official or component of the Department in which this Act vests those functions. SEC. 16. PRESIDENTIAL AUTHORITY. Nothing in this Act limits, curtails, abolishes, or terminates-- (1) any function of, or authority available to, the President that the President had immediately before the effective date of this Act; or (2) the authority of the President to delegate, redelegate, or terminate any delegation of functions. SEC. 17. TRANSITION. With the consent of the appropriate department or agency head, the Secretary may use the services of the officers, employees, and other personnel of the departments and agencies from which functions have been transferred to the Secretary for such period of time as may reasonably be needed to facilitate the orderly transfer of functions under this Act. | Department of Energy Reorganization Act of 2012 - Establishes within the Department of Energy (DOE) an Office of Federal Energy Production, headed by a Director appointed by the Secretary of Energy. Transfers to such Director the current functions of the Directors of: (1) the Bureau of Ocean Energy Management, (2) the Bureau of Safety and Environmental Enforcement, and (3) the Bureau of Land Management of the Department of the Interior with respect to oil and gas development and renewable energy production. Establishes within DOE the Bureau of Safety and Environmental Enforcement, to whose Director are transferred the functions and regulatory authority of the Director of the Bureau of Safety and Environmental Enforcement of the Department of the Interior. Terminates the latter Bureau upon completion of all transfers. Establishes within DOE the Bureau of Ocean Energy Management, to whose Director are transferred the functions of the Director of the Bureau of Ocean Energy Management of the Department of the Interior. Terminates the latter Bureau upon completion of all transfers. Amends the Outer Continental Shelf Lands Act, with respect to the Outer Continental Shelf (OCS) oil and gas leasing program, to require the Secretary to certify that the oil and gas leasing program prepared will best meet national energy needs for the five-year period following its approval or reapproval. Directs the Secretary to amend the program to include additional lease sales in additional areas if it is determined that the United States will require more than one million barrels of oil per day for the next fiscal year from foreign sources other than Canada and Mexico. Amends the Mineral Leasing Act to authorize appropriations to the Secretary to implement oil shale and gilsonite leases and permits. Exempts DOE from the jurisdiction of the Equal Access to Justice Act. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Community Nursing Organization Demonstration Project Revision and Extension Act of 2000''. SEC. 2. REVISED TERMS AND CONDITIONS FOR EXTENSION OF MEDICARE COMMUNITY NURSING ORGANIZATION (CNO) DEMONSTRATION PROJECT. (a) In General.--Section 532 of the Medicare, Medicaid, and SCHIP Balanced Budget Refinement Act of 1999 (113 Stat. 1501A-388), as enacted into law by section 1000(a)(6) of Public Law 106-113, is amended-- (1) in subsection (a), by striking the second sentence; and (2) by striking subsection (b) and inserting the following: ``(b) Terms and Conditions.-- ``(1) January through september 2000.--For the 9-month period beginning with January 2000, any such demonstration project shall be conducted under the same terms and conditions as applied to such demonstration during 1999. ``(2) October 2000 through december 2001.--For the 15-month period beginning with October 2000, any such demonstration project shall be conducted under the same terms and conditions as applied to such demonstration during 1999, except that the following modifications shall apply: ``(A) Basic capitation rate.--The basic capitation rate paid for services covered under the project (other than case management services) per enrollee per month shall be basic capitation rate paid for such services for 1999, reduced by 10 percent in the case of the demonstration sites located in Arizona, Minnesota, and Illinois, and 15 percent for the demonstration site located in New York. ``(B) Targeted case management fee.--A case management fee shall be paid only for enrollees who are classified as `moderate' or `at risk' through a baseline health assessment (as required for Medicare+Choice plans under section 1852(e) of the Social Security Act (42 U.S.C.1395ww-22(e)). ``(C) Greater uniformity in clinical features among sites.--Each project shall implement for each site-- ``(i) protocols for periodic telephonic contact with enrollees based on-- ``(I) the results of such standardized written health assessment; and ``(II) the application of appropriate care planning approaches; ``(ii) disease management programs for targeted diseases (such as congestive heart failure, arthritis, diabetes, and hypertension) that are highly prevalent in the enrolled populations; ``(iii) systems and protocols to track enrollees through hospitalizations, including pre-admission planning, concurrent management during inpatient hospital stays, and post- discharge assessment, planning, and follow-up; and ``(iv) standardized patient educational materials for specified diseases and health conditions. ``(D) Quality improvement.--Each project shall implement at each site once during the 15-month period-- ``(i) enrollee satisfaction surveys; and ``(ii) reporting on specified quality indicators for the enrolled population. ``(c) Evaluation.-- ``(1) Preliminary report.--Not later than July 1, 2001, the Secretary of Health and Human Services shall submit to the Committees on Ways and Means and Commerce of the House of Representatives and the Committee on Finance of the Senate a preliminary report that-- ``(A) evaluates such demonstration projects for the period beginning July 1, 1997, and ending December 31, 1999, on a site-specific basis with respect to the impact on per beneficiary spending, specific health utilization measures, and enrollee satisfaction; and ``(B) includes a similar evaluation of such projects for the portion of the extension period that occurs after September 30, 2000. ``(2) Final report.--The Secretary shall submit a final report to such Committees on such demonstration projects not later than July 1, 2002. Such report shall include the same elements as the preliminary report required by paragraph (1), but for the period after December 31, 1999. ``(3) Methodology for spending comparisons.--Any evaluation of the impact of the demonstration projects on per beneficiary spending included in such reports shall be based on a comparison of-- ``(A) data for all individuals who-- ``(i) were enrolled in such demonstration projects as of the first day of the period under evaluation; and ``(ii) were enrolled for a minimum of 6 months thereafter; with ``(B) data for a matched sample of individuals who are enrolled under part B of title XVIII of the Social Security Act and are not enrolled in such a project, or in a Medicare+Choice plan under part C of such title, a plan offered by an eligible organization under section 1876 of such Act, or a health care prepayment plan under section 1833(a)(1)(A) of such Act.''. (b) Effective Date.--The amendments made by subsection (a) shall be effective as if included in the enactment of section 532 of the Medicare, Medicaid, and SCHIP Balanced Budget Refinement Act of 1999 (113 Stat. 1501A-388), as enacted into law by section 1000(a)(6) of Public Law 106-113. | Makes this Act effective as if its amendments were included in the enactment of the Medicare, Medicaid, and SCHIP Balanced Budget Refinement Act of 1999. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Survivors of Torture Support Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The American people abhor torture by any government or person. The existence of torture creates a climate of fear and international insecurity that affects all people. (2) Torture is the deliberate mental and physical damage caused by governments to individuals to destroy individual personality and terrorize society. The effects of torture are long term. Those effects can last a lifetime for the survivors and affect future generations. (3) By eliminating leadership of their opposition and frightening the general public, repressive governments often use torture as a weapon against democracy. (4) Torture survivors remain under physical and psychological threats, especially in communities where the perpetrators are not brought to justice. In many nations, even those who treat torture survivors are threatened with reprisals, including torture, for carrying out their ethical duties to provide care. Both the survivors of torture and their treatment providers should be accorded protection from further repression. (5) A significant number of refugees and asylees entering the United States have been victims of torture. Those claiming asylum deserve prompt consideration of their applications for political asylum to minimize their insecurity and sense of danger. Many torture survivors now live in the United States. They should be provided with the rehabilitation services which would enable them to become productive members of our communities. (6) The development of a treatment movement for torture survivors has created new opportunities for action by the United States and other nations to oppose state-sponsored and other acts of torture. (7) There is a need for a comprehensive strategy to protect and support torture victims and their treatment providers, together with overall efforts to eliminate torture. (8) By acting to heal the survivors of torture and protect their families, the United States can help to heal the effects of torture and prevent its use around the world. (9) The United States became a party to the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment on November 20, 1994. SEC. 3. DEFINITIONS. As used in this Act: (1) In general.--Except as otherwise provided, the terms used in this Act have the meanings given those terms in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)). (2) Torture.--The term ``torture'' has the meaning given the term in section 2340(1) of title 18, United States Code, and includes the use of rape and other forms of sexual violence by a person acting under the color of law upon another person under his custody or physical control. SEC. 4. UNITED STATES POLICY WITH RESPECT TO THE INVOLUNTARY RETURN OF PERSONS IN DANGER OF SUBJECTION TO TORTURE. (a) Policy.--It shall be the policy of the United States not to expel, extradite, or otherwise effect the involuntary return of any person to a country in which there are substantial grounds for believing the person would be in danger of being subjected to torture, regardless of whether the person is physically present in the United States. (b) Regulations.--Not later than 120 days after the date of enactment of this Act, the heads of the appropriate agencies shall prescribe regulations to implement the obligations of the United States under Article 3 of the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment or Punishment, subject to any reservations, understandings, declarations, and provisos contained in the United States Senate resolution of ratification of the Convention. (c) Exclusion of Certain Aliens.--To the maximum extent consistent with the obligations of the United States under the Convention, subject to any reservations, understandings, declarations, and provisos contained in the United States Senate resolution of ratification of the Convention, the regulations described in subsection (b) shall exclude from the protection of such regulations aliens described in section 241(b)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1231(b)(3)(B)). (d) Review and Construction.--Notwithstanding any other provision of law, and except as provided in the regulations described in subsection (b), no court shall have jurisdiction to review the regulations adopted to implement this section, and nothing in this section shall be construed as providing any court jurisdiction to consider or review claims raised under the Convention or this section, or any other determination made with respect to the application of the policy set forth in subsection (a), except as part of the review of a final order of removal pursuant to section 242 of the Immigration and Nationality Act (8 U.S.C. 1252). (e) Authority To Detain.--Nothing in this section shall be construed as limiting the authority of the Attorney General to detain any person under any provision of law, including, but not limited to, any provision of the Immigration and Nationality Act. (f) Definitions.-- (1) Convention defined.--In this section, the term ``Convention'' means the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment or Punishment, done at New York on December 10, 1984. (2) Same terms as in the convention.--Except as otherwise provided, the terms used in this section have the meanings given those terms in the Convention, subject to any reservations, understandings, declarations, and provisos contained in the United States Senate resolution of ratification of the Convention. SEC. 5. IMMIGRATION PROCEDURES FOR TORTURE VICTIMS. (a) Covered Aliens.--An alien described in this section is any alien who presents a claim of having been subjected to torture, or whom there is reason to believe has been subjected to torture. (b) Consideration of the Effects of Torture.--In considering an application by an alien described in subsection (a) for refugee status under section 207 of the Immigration and Nationality Act, asylum under section 208 of that Act, or withholding of removal under section 241(b)(3) of that Act, the appropriate officials shall take into account-- (1) the manner in which the effects of torture might affect the applicant's responses in the application and in the interview process or other immigration proceedings, as the case may be; (2) the difficulties torture victims often have in recounting their suffering under torture; and (3) the fear victims have of returning to their country of nationality where, even if torture is no longer practiced or the incidence of torture is reduced, their torturers may have gone unpunished and may remain in positions of authority. (c) Expedited Processing of Refugee Admissions.--For purposes of section 207(c) of the Immigration and Nationality Act (8 U.S.C. 1157(c)), refugees who have been subjected to torture shall be considered to be refugees of special humanitarian concern to the United States and shall be accorded priority for resettlement at least as high as that accorded any other group of refugees. (d) Processing for Asylum and Withholding of Removal.--Section 235(b)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(A)) is amended by adding at the end the following new clause: ``(iv) Special procedures for aliens who are the victims of torture.-- ``(I) Expedited procedures.--With the consent of the alien, an asylum officer or immigration judge shall expedite the scheduling of an asylum interview or a removal proceeding for any alien who presents a claim of having been subjected to torture, unless the evidence indicates that a delay in making a determination regarding the granting of asylum under section 208 of the Immigration and Nationality Act or the withholding of removal under section 241(b)(3) of that Act with respect to the alien would not aggravate the physical or psychological effects of torture upon the alien. ``(II) Delay of proceedings.--With the consent of the alien, an asylum officer or immigration judge shall postpone an asylum interview or a removal proceeding for any alien who presents a claim of having been subjected to torture, if the evidence indicates that, as a result of the alien's mental or physical symptoms resulting from torture, including the alien's inability to recall or relate the events of the torture, the alien will require more time to recover or be treated before being required to testify.''. (e) Parole in Lieu of Detention.--The finding that an alien is a person described in subsection (a) shall be a strong presumptive basis for a grant of parole, under section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5)), in lieu of detention. (f) Exemption From Expedited Removal.--Section 235(b)(1)(F) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(F)) is amended by inserting before the period at the end the following: ``, or to an alien described in section 5(a) of the Survivors of Torture Support Act''. (g) Sense of Congress.--It is the sense of Congress that the Attorney General should allocate resources sufficient to maintain in the Resource Information Center of the Immigration and Naturalization Service current information relating to the use of torture in foreign countries. SEC. 6. SPECIALIZED TRAINING FOR CONSULAR, IMMIGRATION, AND ASYLUM PERSONNEL. (a) In General.--The Attorney General shall provide training for immigration inspectors and examiners, immigration officers, asylum officers, immigration judges, and all other relevant officials of the Department of Justice, and the Secretary of State shall provide training for consular officers, with respect to-- (1) the identification of torture; (2) the identification of the surrounding circumstances in which torture is most often practiced; (3) the long-term effects of torture upon a victim; (4) the identification of the physical, cognitive, and emotional effects of torture, and the manner in which these effects can affect the interview or hearing process; and (5) the manner of interviewing victims of torture so as not to retraumatize them, eliciting the necessary information to document the torture experience, and understanding the difficulties victims often have in recounting their torture experience. (b) Gender-Related Considerations.--In conducting training under subsection (a) (4) or (5), gender-specific training shall be provided on the subject of interacting with women and men who are victims of torture by rape or any other form of sexual violence. SEC. 7. DOMESTIC TREATMENT CENTERS. (a) Amendment of the Immigration and Nationality Act.--Section 412 of the Immigration and Nationality Act (8 U.S.C. 1522) is amended by adding at the end the following new subsection: ``(b) Assistance for Treatment of Torture Victims.--The Secretary may provide grants to programs in the United States to cover the cost of the following services: ``(1) Services for the rehabilitation of victims of torture, including treatment of the physical and psychological effects of torture. ``(2) Social and legal services for victims of torture. ``(3) Research and training for health care providers outside of treatment centers, or programs for the purpose of enabling such providers to provide the services described in paragraph (1).''. (b) Funding.-- (1) Authorization of appropriations.--Of the amounts authorized to be appropriated for the Department of Health and Human Services for fiscal years 1999, 2000, and 2001, there are authorized to be appropriated to carry out section 412(g) of that Act (relating to assistance for domestic centers and programs for the treatment of victims of torture), as added by subsection (a), the following amounts for the following fiscal years: (A) For fiscal year 1999, $5,000,000. (B) For fiscal year 2000, $7,500,000. (C) For fiscal year 2001, $8,000,000. (2) Availability of funds.--Amounts appropriated pursuant to this subsection shall remain available until expended. (c) Effective Date.--The amendment made by subsection (a) shall take effect on October 1, 1998. SEC. 8. FOREIGN TREATMENT CENTERS. (a) Amendments of the Foreign Assistance Act of 1961.--Part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended by adding at the end of chapter 1 the following new section: ``SEC. 129. ASSISTANCE FOR VICTIMS OF TORTURE. ``(a) In General.--The President is authorized to provide assistance for the rehabilitation of victims of torture. ``(b) Eligibility for Grants.--Such assistance shall be provided in the form of grants to treatment centers and programs in foreign countries that are carrying out projects or activities specifically designed to treat victims of torture for the physical and psychological effects of the torture. ``(c) Use of Funds.--Such assistance shall be available-- ``(1) for direct services to victims of torture; and ``(2) to provide research and training to health care providers outside of treatment centers or programs described in subsection (b), for the purpose of enabling such providers to provide the services described in paragraph (1).''. (b) Funding.-- (1) Authorization of appropriations.--Of the amounts authorized to be appropriated for fiscal years 1999, 2000, and 2001 pursuant to chapter 1 of part I of the Foreign Assistance Act of 1961, there are authorized to be appropriated to the President $5,000,000 for fiscal year 1999, $7,500,000 for fiscal year 2000, and $8,000,000 for fiscal year 2001 to carry out section 129 of the Foreign Assistance Act of 1961, as added by subsection (a). (2) Availability of funds.--Amounts appropriated pursuant to this subsection shall remain available until expended. (c) Effective Date.--The amendment made by subsection (a) shall take effect on October 1, 1998. SEC. 9. MULTILATERAL ASSISTANCE. (a) Funding.--Of the amounts authorized to be appropriated for fiscal years 1999, 2000, and 2001 pursuant to chapter 1 of part I of the Foreign Assistance Act of 1961, there are authorized to be appropriated to the United Nations Voluntary Fund for Victims of Torture (in this section referred to as the ``Fund'') the following amounts for the following fiscal years: (1) Fiscal year 1999.--For fiscal year 1999, $3,000,000. (2) Fiscal year 2000.--For fiscal year 2000, $3,000,000. (3) Fiscal year 2001.--For fiscal year 2001, $3,000,000. (b) Availability of Funds.--Amounts appropriated pursuant to subsection (a) shall remain available until expended. (c) Sense of Congress.--It is the sense of Congress that the President, acting through the United States Permanent Representative to the United Nations, should-- (1) request the Fund-- (A) to find new ways to support and protect treatment centers and programs that are carrying out rehabilitative services for victims of torture; and (B) to encourage the development of new such centers and programs; (2) use the voice and vote of the United States to support the work of the Special Rapporteur on Torture and the Committee Against Torture established under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; and (3) use the voice and vote of the United States to establish a country rapporteur or similar procedural mechanism to investigate human rights violations in a country if either the Special Rapporteur or the Committee Against Torture indicates that a systematic practice of torture is prevalent in that country. | Survivors of Torture Support Act - Declares that it shall be U.S. policy not to expel, extradite, or otherwise effect the involuntary return of any person to a country in which there are substantial grounds for believing the person would be in danger of being subjected to torture, regardless of whether the person is physically present in the United States. Requires the heads of the appropriate agencies to prescribe regulations which shall exclude specified aliens who travel from territory contiguous to the United States. Denies any court jurisdiction to review such regulations. Specifies that nothing herein shall be construed as limiting the Attorney General's authority to detain any person under any provision of law. (Sec. 5) Covers within this Act any alien presenting a claim of having been tortured, or whom there is reason to believe has been tortured. Sets forth provisions regarding: (1) consideration by appropriate officials of the effects of torture; (2) expedited processing of refugee admissions and for asylum and withholding of removal; (3) granting parole in lieu of detention for such an individual under the Immigration and Nationality Act; and (4) exemption of such an individual from expedited removal pursuant to such Act. Expresses the sense of the Congress that the Attorney General should allocate sufficient resources to maintain in the Immigration and Naturalization Service's Resource Information Center current information relating to the use of torture in foreign countries. (Sec. 6) Directs the Attorney General to provide training for immigration inspectors and examiners, immigration officers, asylum officers, immigration judges, and other relevant Department of Justice officials, and directs the Secretary of State to provide training for consular officers, regarding the identification of torture, the surrounding circumstances most often practiced, the long-term effects upon a victim, the identification of the physical, cognitive, and emotional effects of torture, and the appropriate manner of interviewing torture victims. (Sec. 7) Amends the Immigration and Nationality Act to authorize the Secretary of Health and Human Services to provide grants to programs in the United States to cover the cost of specified services for torture victims. Authorizes the appropriation of funds for assistance for domestic centers and programs for the treatment of torture victims. (Sec. 8) Amends the Foreign Assistance Act of 1961 to authorize the President to provide grants to treatment centers and programs in foreign countries which are specifically carrying out projects or activities to treat victims of torture. Authorizes appropriations. (Sec. 9) Authorizes appropriations to the United Nations Voluntary Fund for Victims of Torture for FY 1999 through 2001. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Putting Our Veterans Back to Work Act of 2017''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--RENEWING OUR VOW TO HIRE HEROES Sec. 101. Reauthorization of veterans retraining assistance program. Sec. 102. Extension of authority of Secretary of Veterans Affairs to provide rehabilitation and vocational benefits to members of Armed Forces with severe injuries or illnesses. Sec. 103. Extension of additional rehabilitation programs for persons who have exhausted rights to unemployment benefits under State law. Sec. 104. Reauthorization of collaborative veterans' training, mentoring, and placement program. TITLE II--BUILDING ON OUR VOW TO HIRE HEROES Sec. 201. Unified employment portal for veterans. Sec. 202. Grants to hire veterans as first responders. Sec. 203. Employment of veterans as evaluation factor in the awarding of Federal contracts. TITLE I--RENEWING OUR VOW TO HIRE HEROES SEC. 101. REAUTHORIZATION OF VETERANS RETRAINING ASSISTANCE PROGRAM. (a) Extension.--Subsection (k) of section 211 of the VOW to Hire Heroes Act of 2011 (Public Law 112-56; 38 U.S.C. 4100 note) is amended by striking ``March 31, 2014'' and inserting ``December 31, 2020''. (b) Number of Eligible Veterans.--Subsection (a)(2) of such section is amended-- (1) in subparagraph (A), by striking ``and'' at the end; (2) in subparagraph (B), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following new subparagraphs: ``(C) 50,000 during fiscal year 2017; ``(D) 50,000 during fiscal year 2018; ``(E) 50,000 during fiscal year 2019; and ``(F) 50,000 during the period beginning October 1, 2019, and ending December 31, 2020.''. (c) Clarification of Limitation on Aggregate Amount of Assistance.--Subsection (b) of such section is amended by striking ``up to 12 months of retraining assistance provided by the Secretary of Veterans Affairs'' and inserting ``an aggregate of not more than 12 months of retraining assistance provided by the Secretary of Veterans Affairs under this section''. (d) Updated Report.--Subsection (i) of such section is amended by adding at the end the following new paragraph: ``(3) Update.--Not later than December 31, 2021, the Secretary of Veterans Affairs, in collaboration with the Secretary of Labor, shall submit to the appropriate committees of Congress an update to the report described in paragraph (1).''. (e) Conforming Amendment.--Subsection (e)(1)(G) of such section is amended by striking ``by not later than October 1, 2013,''. SEC. 102. EXTENSION OF AUTHORITY OF SECRETARY OF VETERANS AFFAIRS TO PROVIDE REHABILITATION AND VOCATIONAL BENEFITS TO MEMBERS OF ARMED FORCES WITH SEVERE INJURIES OR ILLNESSES. (a) In General.--Section 1631(b)(2) of the Wounded Warrior Act (title XVI of Public Law 110-181; 10 U.S.C. 1071 note) is amended by striking ``December 31, 2017'' and inserting ``December 31, 2020''. (b) Report.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the appropriate committees of Congress a report on the benefits provided by the Secretary under section 1631(b) of such Act. (2) Appropriate committees of congress.--In this subsection, the term ``appropriate committees of Congress'' means-- (A) the Committee on Armed Services and the Committee on Veterans' Affairs of the Senate; and (B) the Committee on Armed Services and the Committee on Veterans' Affairs of the House of Representatives. SEC. 103. EXTENSION OF ADDITIONAL REHABILITATION PROGRAMS FOR PERSONS WHO HAVE EXHAUSTED RIGHTS TO UNEMPLOYMENT BENEFITS UNDER STATE LAW. Section 3102(b)(4) of title 38, United States Code, is amended by striking ``March 31, 2014'' and inserting ``March 31, 2020''. SEC. 104. REAUTHORIZATION OF COLLABORATIVE VETERANS' TRAINING, MENTORING, AND PLACEMENT PROGRAM. Subsection (e) of section 4104A of title 38, United States Code, is amended to read as follows: ``(e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section amounts as follows: ``(1) $4,500,000 for the period consisting of fiscal years 2018 and 2019. ``(2) $4,500,000 for the period consisting of fiscal years 2020 and 2021.''. TITLE II--BUILDING ON OUR VOW TO HIRE HEROES SEC. 201. UNIFIED EMPLOYMENT PORTAL FOR VETERANS. Section 4105 of title 38, United States Code, is amended by adding at the end the following: ``(c)(1) The Secretary shall develop a single, unified Federal web- based employment portal, for use by veterans, containing information regarding all Federal programs and activities concerning employment, unemployment, and training to the extent the programs and activities affect veterans. ``(2) The Secretary shall work with representatives from the Department of Defense, the Department of Veterans Affairs, the Small Business Administration, and other Federal agencies and organizations concerned with veterans' issues, to determine an appropriate platform and implementing agency for the portal. The Secretary shall enter into an agreement with the other Federal agencies for the implementation of the portal.''. SEC. 202. GRANTS TO HIRE VETERANS AS FIRST RESPONDERS. (a) Grants for Firefighters.--The Secretary of Homeland Security shall award grants under section 34 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229a) to hire veterans as firefighters. (b) Grants for Law Enforcement Officers.--The Attorney General shall award grants under part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd et seq.) to hire veterans as law enforcement officers. (c) Priority.--In awarding grants under this section to hire veterans, the Secretary of Homeland Security and the Attorney General shall give priority to the hiring of veterans who served on active duty in the Armed Forces on or after September 11, 2001. (d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $250,000,000. SEC. 203. EMPLOYMENT OF VETERANS AS EVALUATION FACTOR IN THE AWARDING OF FEDERAL CONTRACTS. (a) Civilian Contracts.-- (1) In general.--Chapter 33 of title 41, United States Code, is amended by adding at the end the following new section: ``Sec. 3313. Employment of veterans as evaluation factor ``The head of each executive agency shall consider favorably as an evaluation factor in solicitations for contracts and task or delivery order valued at or above $25,000,000 the employment by a prospective contractor of veterans constituting at least 5 percent of the contractor's workforce.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by adding after the item relating to section 3312 the following new item: ``3313. Employment of veterans as evaluation factor.''. (b) Defense Contracts.-- (1) In general.--Chapter 137 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 2338. Employment of veterans as evaluation factor ``The head of each agency shall consider favorably as an evaluation factor in solicitations for contracts and task or delivery order valued at or above $25,000,000 the employment by a prospective contractor of veterans constituting at least five percent of the contractor's workforce.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by adding after the item relating to section 2337 the following new item: ``2338. Employment of veterans as evaluation factor.''. (c) Regulations.--Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to carry out the provisions of section 3313 of title 41, United States Code, and section 2338 of title 10, United States Code, as added by subsections (a) and (b), respectively. | Putting Our Veterans Back to Work Act of 2017 This bill amends the: (1) VOW to Hire Heroes Act of 2011 to extend through 2020 the veterans retraining assistance program, and (2) Wounded Warrior Act to extend through 2020 the authority of the Department of Veterans Affairs (VA) to provide the same rehabilitation and vocational benefits to members of the Armed Forces with severe injuries or illnesses as are provided to veterans. The bill extends through: (1) March 31, 2020, additional VA rehabilitation programs for certain disabled veterans who have completed a VA rehabilitation program and have exhausted their rights to state unemployment benefits; and (2) FY2021 the collaborative veterans' training, mentoring, and placement program. The VA shall develop a single, unified federal web-based employment portal for veterans to access information on federal programs and activities concerning veterans employment, unemployment, and training. The bill directs the: (1) Department of Homeland Security to award grants to hire veterans as firefighters, and (2) Department of Justice to award grants to hire veterans as law enforcement officers. The head of each executive and defense agency shall consider favorably, as an evaluation factor in federal solicitations for civilian or defense contracts and task or delivery orders valued at or above $25 million, the employment by a prospective contractor of veterans constituting at least 5% of the contractor's workforce. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Tax Fairness for Main Street Business Act of 1994''. SEC. 2. FINDINGS. The Congress finds that-- (1) sales by out-of-State firms already are subject to State and local sales taxes, but State and local governments are unable to compel out-of-State firms to collect and remit such taxes, (2) small businesses, which are compelled to collect State and local sales taxes, are subject to unfair competition when out-of-State firms cannot be compelled to collect and remit such taxes on their sales to residents of the State, (3) State and local governments provide a number of resources to out-of-State firms including government services relating to mail delivery, communications, bank and court systems, and disposal of tons of catalogs, (4) the inability of State and local governments to require out-of-State firms to collect and remit sales taxes deprives State and local governments of needed revenue and forces such State and local governments to raise taxes on taxpayers, including small businesses, in such State, (5) the Supreme Court ruled in Quill v. North Dakota, 112 U.S. 1904 (1992) that the due process clause of the Constitution does not prohibit a State government from imposing personal jurisdiction and tax obligations on out-of-State firms that purposefully solicit sales from residents therein, and that the Congress has the power to authorize State governments to require out-of-State firms to collect State and local sales taxes, and (6) as a matter of federalism, the Federal Government has a duty to assist State and local governments in collecting sales taxes on sales from out-of-State firms. SEC. 3. AUTHORITY FOR COLLECTION OF SALES TAX. (a) In General.--A State is authorized to require a person who is subject to the personal jurisdiction of the State to collect and remit a State sales tax, a local sales tax, or both, with respect to tangible personal property if-- (1) the destination of the tangible personal property is in the State, (2) during the 1-year period ending on September 30 of the calendar year preceding the calendar year in which the taxable event occurs, the person has gross receipts from sales of such tangible personal property-- (A) in the United States exceeding $3,000,000, or (B) in the State exceeding $100,000, and (3) the State, on behalf of its local jurisdictions, collects and administers all local sales taxes imposed pursuant to this Act. (b) States Must Collect Local Sales Taxes.--A State in which both State and local sales taxes are imposed may not require State sales taxes to be collected and remitted under subsection (a) unless the State also requires the local sales taxes to be collected and remitted under subsection (a). (c) Aggregation Rules.--All persons that would be treated as a single employer under section 52 (a) or (b) of the Internal Revenue Code of 1986 shall be treated as one person for purposes of subsection (a). (d) Destination.--For purposes of subsection (a), the destination of tangible personal property is the State or local jurisdiction which is the final location to which the seller ships or delivers the property, or to which the seller causes the property to be shipped or delivered, regardless of the means of shipment or delivery or the location of the buyer. SEC. 4. TREATMENT OF LOCAL SALES TAXES. (a) Uniform Local Sales Taxes.-- (1) In general.--Sales taxes imposed by local jurisdictions of a State shall be deemed to be uniform for purposes of this Act and shall be collected under this Act in the same manner as State sales taxes if-- (A) such local sales taxes are imposed at the same rate and on identical transactions in all geographic areas in the State, and (B) such local sales taxes imposed on sales by out- of-State persons are collected and administered by the State. (2) Application to border jurisdiction tax rates.--A State shall not be treated as failing to meet the requirements of paragraph (1)(A) if, with respect to a local jurisdiction which borders on another State, such State or local jurisdiction-- (A) either reduces or increases the local sales tax in order to achieve a rate of tax equal to that imposed by the bordering State on identical transactions, or (B) exempts from the tax transactions which are exempt from tax in the bordering State. (b) Nonuniform Local Sales Taxes.-- (1) In general.--Nonuniform local sales taxes required to be collected pursuant to this Act shall be collected under one of the options provided under paragraph (2). (2) Election.--For purposes of paragraph (1), any person required under authority of this Act to collect nonuniform local sales taxes shall elect to collect either-- (A) all nonuniform local sales taxes applicable to transactions in the State, or (B) a fee (at the rate determined under paragraph (3)) which shall be in lieu of the nonuniform local sales taxes described in subparagraph (A). Such election shall require the person to use the method elected for all transactions in the State while the election is in effect. (3) Rate of in-lieu fee.--For purposes of paragraph (2)(B), the rate of the in-lieu fee for any calendar year shall be an amount equal to the product of-- (A) the amount determined by dividing total nonuniform local sales tax revenues collected in the State for the most recently completed State fiscal year for which data is available by total State sales tax revenues for the same year, and (B) the State sales tax rate. Such amount shall be rounded to the nearest 0.25 percent. (4) Nonuniform local sales taxes.--For purposes of this Act, nonuniform local sales taxes are local sales taxes which do not meet the requirements of subsection (a). (c) Distribution of Local Sales Taxes.-- (1) In general.--A State shall distribute to local jurisdictions a portion of the amounts collected pursuant to this Act determined on the basis of-- (A) in the case of uniform local sales taxes, the proportion which each local jurisdiction receives of uniform local sales taxes not collected pursuant to this Act, (B) in the case of in-lieu fees, as described in subsection (b)(2)(B), the proportion which each local jurisdiction's nonuniform local sales tax receipts bears to the total nonuniform local sales tax receipts in the State, and (C) in the case of any nonuniform local sales tax collected pursuant to this Act, the geographical location of the transaction on which the tax was imposed. The amounts determined under subparagraphs (A) and (B) shall be calculated on the basis of data for the most recently completed State fiscal year for which the data is available. (2) Timing.--Amounts described in paragraph (1) (B) or (C) shall be distributed by a State to its local jurisdictions in accordance with State timetables for distributing local sales taxes, but not less frequently than every calendar quarter. Amounts described in paragraph (1)(A) shall be distributed by a State as provided under State law. (3) Transition rule.--If, upon the effective date of this Act, a State has a State law in effect providing a method for distributing local sales taxes other than the method under this subsection, then this subsection shall not apply to that State until the 91st day following the adjournment sine die of that State's next regular legislative session which convenes after the effective date of this Act (or such earlier date as State law may provide). Local sales taxes collected pursuant to this Act prior to the application of this subsection shall be distributed as provided by State law. SEC. 5. RETURN AND REMITTANCE REQUIREMENTS. (a) In General.--A State may not require any person subject to this Act-- (1) to file a return reporting the amount of any tax collected or required to be collected under this Act, or to remit the receipts of such tax, more frequently than once with respect to sales in a calendar quarter, or (2) to file the initial such return, or to make the initial such remittance, before the 90th day after the person's first taxable transaction under this Act. (b) Local Taxes.--The provisions of subsection (a) shall also apply to any person required by a State acting under authority of this Act to collect a local sales tax or in-lieu fee. SEC. 6. NONDISCRIMINATION AND EXEMPTIONS. A State shall not have power under this Act to require any person not located in the State or local jurisdiction to collect and remit a State or local sales tax if a person located in the State or local jurisdiction would have been exempt from or otherwise not subject to such State or local sales tax under similar circumstances. SEC. 7. APPLICATION OF STATE LAW. (a) Persons Required To Collect State or Local Sales Tax.--Any person required by section 3 to collect a State or local sales tax shall be subject to the laws of such State relating to such sales tax to the extent that such laws are consistent with the limitations contained in this Act. (b) Limitations.--Except as provided in subsection (a), nothing in this Act shall be construed to permit a State-- (1) to license or regulate any person, (2) to require any person to qualify to transact intrastate business, or (3) to subject any person to State taxes not related to the sales of tangible personnel property. (c) Preemption.--Except as otherwise provided in this Act, this Act shall not be construed to preempt or limit any power exercised or to be exercised by a State or local jurisdiction under the law of such State or local jurisdiction or under any other Federal law. SEC. 8. TOLL-FREE INFORMATION SERVICE. A State shall not have power under this Act to require any person to collect a State or local sales tax on any sale unless, at the time of such sale, such State has a toll-free telephone service available to provide such person information relating to collection of such State or local sales tax. Such information shall include, at a minimum, all applicable tax rates, return and remittance addresses and deadlines, and penalty and interest information. As part of the service, the State shall also provide all necessary forms and instructions at no cost to any person using the service. The State shall prominently display the toll-free telephone number on all correspondence with any person using the service. This service may be provided jointly with other States. SEC. 9. DEFINITIONS. For the purposes of this Act-- (1) the term ``compensating use tax'' means a tax imposed on or incident to the use, storage, consumption, distribution, or other use within a State or local jurisdiction or other area of a State, of tangible personal property; (2) the term ``local sales tax'' means a sales tax imposed in a local jurisdiction or area of a State and includes, but is not limited to-- (A) a sales tax or in-lieu fee imposed in a local jurisdiction or area of a State by the State on behalf of such jurisdiction or area, and (B) a sales tax imposed by a local jurisdiction or other State-authorized entity pursuant to the authority of State law, local law, or both; (3) the term ``person'' means an individual, a trust, estate, partnership, society, association, company or corporation, including a limited liability company, whether or not acting in a fiduciary or representative capacity, and any combination of the foregoing; (4) the term ``sales tax'' means a tax, including a compensating use tax, that is-- (A) imposed on or incident to the sale, purchase, storage, consumption, distribution, or other use of tangible personal property as may be defined or specified under the laws imposing such tax, and (B) measured by the amount of the sales price, cost, charge or other value of or for such property; and (5) the term ``State'' means any of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States. SEC. 10. EFFECTIVE DATE. This Act shall take effect 180 days after the date of the enactment of this Act. In no event shall this Act apply to any sale occurring before such effective date. | Tax Fairness for Main Street Business Act of 1994 - Authorizes a State or local jurisdiction to require certain out-of-State businesses to collect sales taxes on tangible personal property sold to residents of the State or local jurisdiction. Provides an in-lieu fee rate where local taxes are not uniform. Requires a State to distribute taxes collected under this Act proportionately to taxes collected separate from this Act. Prohibits a State from requiring out-of-State businesses to file reporting returns more than once every calendar quarter. Requires a State to establish toll-free information services to provide such businesses with necessary forms and instructions. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Telephone Connection Protection Act of 2005''. SEC. 2. FINDINGS. The Congress finds that: (1) The telephone is the primary method by which individuals correspond and maintain contact with family members who are incarcerated in correctional institutions. (2) Except for emergency purposes, family members are not allowed to call people incarcerated in correctional institutions; incarcerated persons are typically allowed to call family members and other pre-approved individuals only through payphones physically located on the premises of correctional institutions. (3) Inmate telephone service in correctional institutions often is limited to collect calling. (4) Regardless of whether the prisoners' calls are placed collect or through a debit account, the prisoners' family members typically pay for the calls, either through their telephone bills, in the case of collect calls received from prisoners, or by making deposits directly into prisoners' debit accounts. (5) Innocent citizens are paying excessive telephone charges simply due to having a family member or loved one who is incarcerated. (6) The rates for calls from correctional institutions are some of the highest rates in the United States, with some per- minute charges reaching $1 and service or connection charges of $3.95 per call. (7) Information compiled by the Congress and the Federal Communications Commission shows that the high rates are due in part to the lack of competition between telephone companies that provide long distance inmate telephone service to correctional institutions. (8) There are no competitive forces providing incentives for those carriers to lower prices or operate efficiently because, unlike the mass market, only one carrier is typically permitted to provide long distance inmate telephone service within each correctional institution. (9) High calling rates also are due in part to commissions that carriers pay to correctional institution administrators for the exclusive right to provide long distance inmate telephone service in a correctional facility. In some cases, such commissions account for 50 percent or more of the total charges. (10) The collection of such commissions by correctional institution administrators and state departments of correction based upon interstate telecommunications revenues is a burden on interstate commerce. (11) Due to the lack of competition for telephone services within correctional institutions, families of people in prison, many of whom have low incomes, cannot choose the long distance carrier with the lowest calling rates and must pay the excessive rates charged by the carrier having the exclusive right to provide long distance service to the correctional institution from which the call originates. (12) It is the policy of the United States to ensure that all Americans are afforded just and reasonable communications services, including those families that pay rates for inmate telephone service. (13) It is clear from various studies that maintaining frequent and meaningful communications between people who are incarcerated and family members is key to the successful social reintegration of formerly incarcerated individuals. Such contact reduces recidivism and facilitates rehabilitation, which in turn reduces crime and the future costs of imprisonment. (14) Frequent communications between incarcerated persons and family members is burdened, and in some cases, prevented, by excessive inmate telephone service rates. Excessive inmate telephone service rates thus weaken the family and community ties that are necessary for successful reentry into society by persons who were formerly incarcerated and the reduction in crime resulting from successful reentry. (15) The Commission has the expertise and authority to regulate inmate telephone service. Because parties to Commission rulemaking proceedings have raised issues regarding its authority to implement meaningful relief for excessive inmate telephone service rates, Congress finds it necessary and appropriate to reaffirm that the Commission has the authority to implement the types of relief set forth in this Act. SEC. 3. RESTRICTIONS ON THE PROVISION OF INMATE TELEPHONE SERVICE. (a) Definitions.--Section 226(a) of the Communications Act of 1934 (47 U.S.C. 226(a)) is amended adding at the end the following new paragraphs: ``(10) The term `collect' or `collect call' refers to a telephone call from a person incarcerated in a correctional institution that is billed to the subscriber receiving the call. ``(11) The term `commission' refers to a fee or other payment by a provider of inmate telephone service to an administrator of a correctional institution, department of correction, or similar entity, based upon, or partly upon, inmate telephone service revenue. ``(12) The term `debit account' refers to the payment of inmate telephone service through a prisoner's prepaid card or other account, which can be accessed only through an access code, personal identification number, or similar identifier. ``(13) The term `inmate telephone service' includes the provision of telephone service enabling persons incarcerated in correctional institutions to originate interstate calls at payphones or other telephones that are designated for prisoners' personal use, regardless of whether the calls are collect, paid through a debit account, or paid through any other means. ``(14) The term `provider of inmate telephone service' means any common carrier that provides inmate telephone service or any other person determined by the Commission to be providing inmate telephone service.''. (b) Regulations.--Section 226 is further amended-- (1) by redesignating subsection (i) as subsection (k); and (2) inserting after subsection (h) the following new subsections: ``(i) Regulation of Inmate Telephone Service.-- ``(1) Rates.--In order to ensure that charges for inmate telephone service are just, reasonable, and nondiscriminatory, the Commission shall consider, either in a rulemaking proceeding that is pending as of the date of enactment of the Family Telephone Connection Protection Act of 2005 or in a new rulemaking proceeding, the following types of regulation of inmate telephone service, all of which are within the Commission's jurisdiction and authority: ``(A) prescribing a maximum uniform per-minute compensation rate; ``(B) prescribing a maximum uniform service connection or other per-call compensation rate; ``(C) prescribing variable maximum compensation rates depending on such factors as carrier costs, the size of the correctional facility served, and other relevant factors identified by the Commission; ``(D) requiring providers of inmate telephone service to offer both collect calling and debit account services; ``(E) prohibiting the payment of commissions by providers of inmate telephone service to administrators of correctional institutions, departments of correction, and similar entities; and ``(F) requiring administrators of correctional institutions, departments of correction, and similar entities to allow more than one provider of inmate telephone service to provide interstate inmate telephone service at a correctional institution in order that prisoners have a choice of such providers. ``(2) Scope.--The regulations adopted by the Commission shall be technologically neutral and shall not jeopardize legitimate security and penelogical interests. To the extent the Commission regulations reduce or eliminate the revenue derived by administrators of correctional institutions, departments of correction, and similar entities from the receipt of commissions, such effects of Commission regulations shall not be considered as jeopardizing or otherwise affecting legitimate security or penelogical interests. ``(3) Deadlines and periodic review.--The Commission shall prescribe regulations to implement the provisions of this subsection within one year after the date of enactment of the Family Telephone Connection Protection Act of 2005. The Commission shall review, on a triennial basis, the regulations promulgated under this subsection, including whether any Commission-established compensation rates should be modified. ``(4) State preemption.--To the extent that any State requirements are inconsistent with the Commission's regulations affecting or pertaining to interstate inmate telephone service, including restrictions on the payment of commissions based upon interstate inmate telephone service revenues or earnings, the Commission's regulations on such matters shall preempt such State requirements. ``(j) Inmate Telephone Service Fully Subject to Sections 251 and 252.-- ``(1) Inmate telephone service is fully subject to the requirements of sections 251 and 252 of this Act. ``(2) No provider of inmate telephone service may block or otherwise refuse to carry a call placed by an incarcerated person on the grounds that the provider has no contractual or other arrangement with the local exchange carrier serving the intended recipient of the call or other common carrier involved in any portion of the transmission of the call.''. | Family Telephone Connection Protection Act of 2005 - Amends the Communications Act of 1934 to direct the Federal Communications Commission (FCC) to consider the following types of regulation of inmate telephone service: (1) prescribing a maximum uniform per-minute rate (paid to telephone service providers); (2) prescribing a maximum uniform service connection or other per-call rate; (3) prescribing variable maximum rates depending on factors such as carrier costs or the size of the correctional facility; (4) requiring providers of inmate telephone service to offer both collect calling and debit account services; (5) prohibiting the payment of commissions by such providers to administrators of correctional facilities; and (6) requiring such administrators to allow more than one service provider at a facility so that prisoners have a choice. |
SECTION 1. FINDINGS. The Congress finds that: (1) Protection of the environmental and ecological qualities of Federal lands are important concerns for all people. (2) Reviewing the environmental impact of proposed transmission facilities is a vital task which must be conducted in a thorough and comprehensive manner. (3) A thorough and comprehensive review of these effects can be conducted in a timely manner without sacrificing the quality of the review. (4) There is currently no requirement that Federal agencies complete environmental reviews for proposed transmission facilities in a timely manner. (5) The length of time for completion of these reviews varies widely, with agencies taking as long as ten years to complete these reviews. (6) There are cases of Federal agencies conducting environmental reviews in a subsequent, rather than concurrent, manner and failing to coordinate their reviews with State authorities and other Federal agencies. (7) The electricity transmission grid must be expanded to ensure reliable supplies of electricity. (8) The Federal Government currently owns approximately 29 percent of the land area of the United States including 90 percent of Nevada, 70 percent of Arizona, and similarly large percentages of other Western States. (9) Because of the large Federal land holdings in the West, transmission facilities must often be built on Federal lands. (10) Appointment of a lead agency to coordinate the environmental reviews of Federal agencies will lead to more thorough, comprehensive and timely reviews. SEC. 2. CONSTITUTIONAL AUTHORITY. The Constitutional authority on which this act rests are the powers of Congress to make all needful rules and regulations respecting the territory or other property belonging to the United States as enumerated in article IV, section 3 and to make all laws which shall be necessary and proper as enumerated in article I, section 8 of the United States Constitution. SEC. 3. FEDERAL AND STATE COORDINATION OF PERMITTING FOR TRANSMISSION FACILITIES. (a) Lead Agency.--If an applicant, or prospective applicant, for Federal authorization related to an electricity transmission or distribution facility so requests, the Department of Energy (DOE) shall act as the lead agency for purposes of coordinating all applicable Federal authorization and related environmental review of the facility. The term ``Federal authorization'' shall mean any authorization required under Federal law in order to site a transmission or distribution facility, including but not limited to such permits, special use authorizations, certifications, opinions, or other approvals as may be required, whether issued by a Federal or a State agency. To the maximum extent practicable, the Secretary of Energy shall coordinate this Federal authorization and review process with any Indian tribes, multi-State entities, and State agencies that are responsible for conducting any separate permitting and environmental reviews of the facility, to ensure timely and efficient review and permit decisions. (b) Authority to Set Deadlines.--As lead agency, the Department of Energy, in consultation with other Federal and, as appropriate, with Indian tribes, multi-State entities, and State agencies that are willing to coordinate their own separate permitting and environmental reviews with the Federal authorization and environmental reviews, shall establish prompt and binding intermediate milestones and ultimate deadlines for the review of and Federal authorization decisions relating to the proposed facility. Notwithstanding any other provision of law, the Secretary of Energy shall ensure that once an application has been submitted with such data as the Secretary deems necessary, all permit decisions and related environmental reviews under all applicable Federal laws shall be completed within 1 year. The Secretary of Energy also shall provide a speedy pre-application mechanism for prospective applicants to confer with the agencies involved to have each such agency determine and communicate to the prospective applicant within 60 days of when the prospective applicant submits a request for such information concerning-- (1) the likelihood of approval for a potential facility; and (2) key issues of concern to the agencies and public. (c) Consolidated Environmental Review and Record of Decision.--The Secretary of Energy shall prepare a single environmental review document, which shall be used as the basis for all decisions on the proposed project under Federal law. The document may be an environmental assessment or environmental impact statement under the National Environmental Policy Act if warranted, or such other form of analysis as may be warranted. DOE and other agencies shall streamline the review and permitting of transmission and distribution facilities within corridors designated under section 503 of the Federal Land Policy and Management Act (43 U.S.C. section 1763) by fully taking into account prior analyses and decisions as to the corridors. (d) Appeals.--In the event that any agency has denied a Federal authorization required for a transmission or distribution facility, or has failed to act by the deadline established by the Secretary pursuant to this section for deciding whether to issue the authorization, the applicant or any State in which the facility would be located may file an appeal with the Secretary of Energy, which shall review the denial or take action on the pending application. Based on the overall record and in consultation with the affected agency, the Secretary may then either issue the necessary authorization with or without appropriate conditions, or may deny the application. The Secretary shall issue its decision within 90 days of the filing of the appeal. (e) Conforming Regulations and Memoranda of Agreement.--Not later than 18 months after the date of enactment of this section, the Secretary of Energy shall issue any regulations necessary to implement the foregoing provisions. Not later than 1 year after the date of enactment of this section, the Secretary and the heads of all relevant Federal departments and non-departmental agencies shall, and interested Indian tribes, multi-State entities, and State agencies may, enter into Memoranda of Agreement to ensure the timely and coordinated review and permitting of electricity transmission and distribution facilities. The head of each Federal department or non-departmental agency with approval authority shall designate a senior responsible official and dedicate sufficient other staff and resources to ensure that the DOE regulations and any Memoranda are fully implemented. (f) Miscellaneous.--Each Federal authorization for an electricity transmission or distribution facility shall be issued for a duration, as determined by the Secretary of Energy, commensurate with the anticipated use of the facility and with appropriate authority to manage the right-of-way for reliability and environmental protection. Further, when such authorizations expire, they shall be reviewed for renewal taking fully into account reliance on such electricity infrastructure, recognizing its importance for public health, safety and economic welfare and as a legitimate use of Federal lands. (g) Maintaining and Enhancing the Transmission Infrastructure.--In exercising the responsibilities under this section, the Secretary of Energy shall consult regularly with the Federal Energy Regulatory Commission (FERC) and FERC-approved Regional Transmission Organizations and Independent System Operators on changes to the national grid that will improve reliability, relieve congestion, and enhance the capability of the grid to deliver electricity. | Designates the Department of Energy (DOE) as the lead agency for purposes of coordinating all applicable Federal authorization and related environmental review of a proposed electricity transmission or distribution facility upon request of a current or prospective applicant for Federal authorization related to such a facility. Instructs DOE to establish prompt and binding intermediate milestones and ultimate deadlines for the review of and Federal authorization decisions relating to the proposed facility. Sets a one-year deadline for completion of all permit decisions and related environmental reviews regarding an application. Requires the Secretary of Energy to consult regularly with the Federal Energy Regulatory Commission (FERC) and FERC-approved Regional Transmission Organizations and Independent System Operators on changes to the national grid that will improve reliability, relieve congestion, and enhance the capability of the grid to deliver electricity. |
SECTION 1. PHASE-OUT OF TAX SUBSIDIES FOR ALCOHOL FUELS PRODUCED FROM FEEDSTOCKS ELIGIBLE TO RECEIVE FEDERAL AGRICULTURAL SUBSIDIES. (a) Alcohol Fuels Credit.--Section 40 of the Internal Revenue Code of 1986 (relating to credit for alcohol used as a fuel) is amended by adding at the end the following new subsection: ``(g) Phase-Out of Credit for Alcohol Produced From Feedstocks Eligible To Receive Federal Agricultural Subsidies.-- ``(1) In general.--No credit shall be allowed under this section with respect to any alcohol, or fuel containing alcohol, which is produced from any feedstock which is a subsidized agricultural commodity. ``(2) Phase-in of disallowance.--In the case of taxable years beginning in 1995 and 1996, paragraph (1) shall not apply and the credit determined under this section with respect to alcohol or fuels described in paragraph (1) shall be equal to 67 percent (33 percent in the case of taxable years beginning in 1996) of the credit determined without regard to this subsection. ``(3) Subsidized agricultural commodity.--For purposes of this subsection, the term `subsidized agricultural commodity' means any agricultural commodity which is supported, or is eligible to be supported, by a price support or production adjustment program carried out by the Secretary of Agriculture.''. (b) Excise Tax Reduction.-- (1) Petroleum products.--Section 4081(c) of the Internal Revenue Code of 1986 (relating to taxable fuels mixed with alcohol) is amended by redesignating paragraph (8) as paragraph (9) and by adding after paragraph (7) the following new paragraph: ``(8) Phase-out of subsidy for alcohol produced from feedstocks eligible to receive federal agricultural subsidies.-- ``(A) In general.--This subsection shall not apply to any qualified alcohol mixture containing alcohol which is produced from any feedstock which is a subsidized agricultural commodity. ``(B) Phase-in of disallowance.--In the case of calendar years 1995 and 1996, the rate of tax under subsection (a) with respect to any qualified alcohol mixture described in subparagraph (A) shall be equal to the sum of-- ``(i) the rate of tax determined under this subsection (without regard to this paragraph), plus ``(ii) 33 percent (67 percent in the case of 1996) of the difference between the rate of tax under subsection (a) determined with and without regard to this subsection. ``(C) Subsidized agricultural commodity.--For purposes of this paragraph, the term `subsidized agricultural commodity' means any agricultural commodity which is supported, or is eligible to be supported, by a price support or production adjustment program carried out by the Secretary of Agriculture.''. (2) Special fuels.--Section 4041 of such Code (relating to tax on special fuels) is amended by adding at the end the following new subsection: ``(n) Phase-Out of Subsidy for Alcohol Produced From Feedstocks Eligible To Receive Federal Agricultural Subsidies.-- ``(1) In general.--Subsections (b)(2), (k), and (m) shall not apply to any alcohol fuel containing alcohol which is produced from any feedstock which is a subsidized agricultural commodity. ``(2) Phase-in of disallowance.--In the case of calendar years 1995 and 1996, the rate of tax determined under subsection (b)(2), (k), or (m) with respect to any alcohol fuel described in paragraph (1) shall be equal to the sum of-- ``(A) the rate of tax determined under such subsection (without regard to this subsection), plus ``(B) 33 percent (67 percent in the case of 1996) of the difference between the rate of tax under this section determined with and without regard to subsection (b)(2), (k), or (m), whichever is applicable. ``(3) Subsidized agricultural commodity.--For purposes of this subsection, the term `subsidized agricultural commodity' means any agricultural commodity which is supported, or is eligible to be supported, by a price support or production adjustment program carried out by the Secretary of Agriculture.''. (3) Aviation fuel.--Section 4091(c) of such Code (relating to reduced rate of tax for aviation fuel in alcohol mixture) is amended by redesignating paragraph (5) as paragraph (6) and by inserting after paragraph (4) the following new paragraph: ``(5) Phase-out of subsidy for alcohol produced from feedstocks eligible to receive federal agricultural subsidies.-- ``(A) In general.--This subsection shall not apply to any mixture of aviation fuel containing alcohol which is produced from any feedstock which is a subsidized agricultural commodity. ``(B) Phase-in of disallowance.--In the case of calendar years 1995 and 1996, the rate of tax under subsection (a) with respect to any mixture of aviation fuel described in subparagraph (A) shall be equal to the sum of-- ``(i) the rate of tax determined under this subsection (without regard to this paragraph), plus ``(ii) 33 percent (67 percent in the case of 1996) of the difference between the rate of tax under subsection (a) determined with and without regard to this subsection. ``(C) Subsidized agricultural commodity.--For purposes of this paragraph, the term `subsidized agricultural commodity' means any agricultural commodity which is supported, or is eligible to be supported, by a price support or production adjustment program carried out by the Secretary of Agriculture.''. (c) Effective Dates.-- (1) Credit.--The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 1994. (2) Excise taxes.-- (A) In general.--The amendments made by subsection (b) shall take effect on January 1, 1995. (B) Floor stock tax.-- (i) In general.--In the case of any alcohol fuel in which tax was imposed under section 4041, 4081, or 4091 of the Internal Revenue Code of 1986 before any tax-increase date, and which is held on such date by any person, then there is hereby imposed a floor stock tax on such fuel equal to the difference between the tax imposed under such section on such date and the tax so imposed. (ii) Liability for tax and method of payment.--A person holding an alcohol fuel on any tax-increase date shall be liable for such tax, shall pay such tax no later than 90 days after such date, and shall pay such tax in such manner as the Secretary may prescribe. (iii) Exceptions.--The tax imposed by clause (i) shall not apply-- (I) to any fuel held in the tank of a motor vehicle or motorboat, or (II) to any fuel held by a person if, on the tax-increase date, the aggregate amount of fuel held by such person and any related persons does not exceed 2,000 gallons. (iv) Tax-increase date.--For purposes of this subparagraph, the term ``tax-increase date'' means January 1, 1995, and January 1, 1996. (v) Other laws applicable.--All provisions of law, including penalties applicable with respect to the taxes imposed by sections 4041, 4081, and 4091 of such Code shall, insofar as applicable and not inconsistent with the provisions of this subparagraph, apply with respect to the floor stock taxes imposed by clause (i). SEC. 2. PORTION OF INCREASED REVENUES DEPOSITED INTO HARBOR MAINTENANCE TRUST FUND. (a) Dredging Material Account.--Section 9505 of the Internal Revenue Code of 1986 (relating to Harbor Maintenance Trust Fund) is amended by adding at the end the following new subsection: ``(d) Dredging Material Account.-- ``(1) Creation of account.--There is established in the Harbor Maintenance Trust Fund a separate account to be known as the `Dredging Material Account' consisting of such amounts as may be appropriated or credited to the Dredging Material Account as provided in this subsection or 9602(b). ``(2) Transfers to account.--There is hereby appropriated to the Dredging Material Account amounts equivalent to 50 percent of the sum of-- ``(A) the aggregate increase in tax liabilities under chapter 1 which is attributable to section 40(g), and ``(B) the aggregate increase in taxes received in the Treasury which is attributable to sections 4041(n), 4081(c)(8), and 4091(c)(5). ``(3) Expenditures.--Amounts in the Dredging Material Account shall be available, as provided in appropriation Acts, for-- ``(A) research and development of dredged material decontamination technologies, and ``(B) research, development, and construction of facilities for dredged material containment or disposal (other than open water disposal).'' (b) No Transfers To Other Trust Funds.-- (1) Subsection (e) of section 9502 of such Code (relating to special rules for transfers to Airport and Airway Trust Fund) is amended by adding at the end the following new paragraph: ``(3) Certain additional taxes to remain in general fund.-- The amount required to be appropriated by subsection (b) shall be determined without regard to any increase in taxes by reason of sections 4041(n), 4081(c)(8), and 4091(c)(5).'' (2) Paragraph (4) of section 9503(b) of such Code (relating to certain additional taxes not transferred to Highway Trust Fund) is amended by striking ``and'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(C) there shall not be taken into account any increase in taxes by reason of sections 4041(n) and 4081(c)(8).'' | Amends the Internal Revenue Code to phase out the tax subsidies for alcohol fuels produced from feedstocks which are eligible to receive Federal agricultural subsidies. Amends the Internal Revenue Code to establish the Dredging Material Account in the Harbor Maintenance Trust Fund. Transfers 50 percent of the amounts received from increased tax liabilities under this Act to such Account. |
SECTION 1. SHORT TITLE, PURPOSE. (a) Short Title.--This Act may be cited as the ``Hurricane Check Cashing Relief Act of 2005''. (b) Purpose.--The purpose of this Act is to reduce the suffering and financial difficulties of victims of 2005 hurricanes-- (1) whose home insured depository institutions and insured credit unions, or the insured depository institution or insured credit union on which any check or share draft payable to any such victim is drawn, are closed, or whose records are otherwise inaccessible, due to certain 2005 hurricanes; (2) who lack access to operating automated teller machines for whatever reason as a result of any such hurricane, including inoperable payment networks; (3) who lack some or all of the requisite forms of identification necessary to cash their own or a third-party check or share draft; or (4) who are otherwise unable, by reason of any such hurricane, to access amounts on deposit at an insured depository institution or insured credit union. SEC. 2. EMERGENCY AUTHORITY TO GUARANTEE CHECKS CASHED FOR VICTIMS OF CERTAIN 2005 HURRICANES. (a) FDIC.-- (1) In general.--Subject to subsection (d), the Federal Deposit Insurance Corporation shall establish, in accordance with emergency guidance issued by the Board of Governors of the Federal Reserve System under subsection (d)(1), an emergency program under which an insured depository institution may obtain, subject to subsection (d)(2), a commitment from the Corporation to indemnify the insured depository institution for any loss suffered by the institution through cashing a check or share draft that-- (A) is presented for payment by any individual who, as of August 25, 2005, resided in the State of Florida, Alabama, Mississippi, Louisiana, or Texas in an area in which the President, pursuant to section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, determined, on or after August 25, 2005, that a major disaster exists; and (B) is subsequently uncollectible, in an amount not to exceed $2,000 for each such check or share draft. (2) Source of funds for payments.--Any payments required to be made by the Corporation pursuant to a commitment under paragraph (1) to an insured depository institution shall be drawn from funds available for such purposes under subsection (c). (b) NCUA.-- (1) In general.--Subject to subsection (d), the National Credit Union Administration shall establish, in accordance with emergency guidance issued by the Board under subsection (d)(1), an emergency program under which an insured credit union may obtain, subject to subsection (d)(2), a commitment from the Administration to indemnify the insured credit union for any loss suffered by the credit union through cashing a share draft or check that-- (A) is presented for payment by any individual who, as of August 25, 2005, resided in the State of Florida, Alabama, Mississippi, Louisiana, or Texas in an area in which the President, pursuant to section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, determined, on or after August 25, 2005, that a major disaster exists; and (B) is subsequently uncollectible, in an amount not to exceed $2,000 for each such check or share draft (2) Source of funds for payments.--Any payments required to be made by the National Credit Union Administration pursuant to a commitment under paragraph (1) to an insured credit union shall be drawn from funds available for such purposes under subsection (c). (3) Limited extension of check cashing services.-- Notwithstanding any limitation in section 107(12) of the Federal Credit Union Act with regard to field of membership, an insured credit union may cash any check presented for payment by any individual described in paragraph (1)(A). (c) Reimbursement From Federal Reserve Surpluses.--Section 7(b) of the Federal Reserve Act (12 U.S.C. 289(b)) is amended by adding at the end the following new paragraph: ``(4) Additional transfers to cover certain relief efforts resulting from hurricanes of 2005.-- ``(A) In general.--Subject to subparagraph (C), from the surplus funds of the Federal reserve banks maintained pursuant to subsection (a)(2), the Federal reserve banks shall transfer to the Board of Governors of the Federal Reserve System for transfer to the Federal Deposit Insurance Corporation and the National Credit Union Administration, such sums as are necessary to meet any payments required under subsection (a)(1) or (b)(1) of section 2 of the Hurricane Check Cashing Relief Act. In the event that the total amount of requests for indemnification received by the Federal Deposit Insurance Corporation and the National Credit Union Administration exceed the maximum amount specified under subparagraph (C), the sums transferred to the Federal Deposit Insurance Corporation and the National Credit Union Administration, respectively, shall be in proportion to the amount of payments required under subsection (a)(1) and (b)(1) of section 2 of the Hurricane Check Cashing Relief Act of 2005, respectively. ``(B) Allocation by federal reserve board.--Of the total amount required to be paid by the Federal reserve banks, the Board of Governors of the Federal Reserve System shall determine the amount each such bank shall pay. ``(C) Maximum amount.--The total amount transferred under subparagraph (A) from all Federal reserve banks shall not exceed $200,000,000. ``(D) Replenishment of surplus fund prohibited.--No Federal reserve bank may replenish such bank's surplus fund by the amount of any transfer by such bank under subparagraph (A).''. (d) Emergency Guidance and Limitations.-- (1) In general.--The Board, after consulting the Federal Deposit Insurance Corporation and the National Credit Union Administration, shall, upon the enactment of this Act, promptly issue appropriate guidance-- (A) to carry out the purposes of this section and administer the programs established in accordance with this section; (B) to reduce the incidence of fraud and any other cause of loss to the greatest extent possible, consistent with the purpose of this Act; (C) to require insured depository institutions and insured credit unions to exercise due diligence in determining the eligibility of any check presented by any individual for indemnification under this section, including such measures as verification of Social Security numbers and other identifying information as the Board may determine to be practicable; (D) to provide insured depository institutions and insured credit unions with reasonable guidance, in light of the emergency circumstances presented by certain 2005 hurricanes, so as to meet the requirements for indemnification under this section, including the sharing of information on checks that have been presented for indemnification; and (E) notwithstanding any Federal or State law, to provide for the right of the Board of Governors of the Federal Reserve System, on behalf of the Federal reserve banks and through the Federal Deposit Insurance Corporation and the National Credit Union Administration, to recover from any insured depository institution or insured credit union the amount of any indemnification paid to such depository institution or credit union with respect to any check, to the extent of the amount so paid, if the insured depository institution or insured credit union collects on the check. (2) Compliance with guidance condition.--The emergency guidance issued under paragraph (1) shall require any insured depository institution or insured credit union seeking a commitment under subsection (a)(1) or (b)(1) to demonstrate that the institution or credit union is in compliance with the guidance in such manner as the Board determines to be appropriate and practicable. (3) Per individual per institution limitation.--No specific insured depository institution or insured credit union may be indemnified for losses in excess of $2,000 with respect to checks and share drafts presented by any one individual. (e) Definitions.--For purposes of this Act, the following definitions shall apply: (1) Board.--The term ``Board'' means the Board of Governors of the Federal Reserve System. (2) Insured credit union.--The term ``insured credit union'' has the same meaning as in section 101 of the Federal Credit Union Act. (3) Insured depository institution.--The term ``insured depository institution'' has the same meaning as in section 3 of the Federal Deposit Insurance Act. (f) Rule of Construction.--No provision of this section shall be construed as affecting any right or obligation of an insured depository institution or insured credit union to take any action against any person in connection with a fraudulent check, a fraudulent negotiation of a check, or any other intentional act of a fraudulent or deceptive nature. (g) Effective Date.-- (1) In general.--Subject to paragraph (2), the provisions of this section shall apply to checks or share drafts presented to an insured depository institution or an insured credit union during the period beginning on August 25, 2005, and ending November 15, 2005. (2) Limited extension.--The period described in paragraph (2) may be extended once for an additional 60 days if-- (A) the Board, after consulting with the Federal Deposit Insurance Corporation and the National Credit Union Administration, determines that the continuing impact of the 2005 hurricane disasters on financial intermediation between consumers and financial institutions, on payment networks, and on other forms of communication require an extension of the programs established under this section in order to continue to meet the immediate needs of victims of the disaster; and (B) notice of such determination is published in the Federal Register at least 5 days before the end of the period described in paragraph (1). | Hurricane Check Cashing Relief Act of 2005 - Directs the Federal Deposit Insurance Corporation (FDIC) and the National Credit Union Administration (NCUA) to establish an emergency program under which an insured depository institution may obtain an indemnification commitment from the FDIC for loss it has suffered (up to $2,000 per item) through cashing a check or share draft between August 25 and November 15, 2005, that: (1) is presented for payment by any individual who, as of August 25, 2005, resided in Florida, Alabama, Mississippi, Louisiana, or Texas in a presidentially declared major disaster area; and (2) is subsequently uncollectible. Amends the Federal Reserve Act to direct the federal reserve banks to transfer from their surplus funds up to $200 million to meet the indemnification requirements of this Act. Directs the Board of Governors of the Federal Reserve (Board) to issue implementation guidelines. Provides for a limited 60-day extension of the check or share draft cashing period if the Board determines that the continuing impact of the 2005 hurricane disasters on financial intermediation between consumers and financial institutions, on payment networks, and on other forms of communication require an extension of the programs established under this Act in order to continue to meet the immediate needs of victims of the disaster. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Deadly Driver Reduction and Burton H. Greene Memorial Act''. SEC. 2. MINIMUM SENTENCE FOR A PERSON WHO OPERATES A MOTOR VEHICLE WHILE ALCOHOL-IMPAIRED. (a) In General.--Chapter 1 of title 23, United States Code, is amended by adding at the end the following: ``Sec. 162. National minimum sentence for a person who operates a motor vehicle while alcohol-impaired ``(a) Withholding of Apportionments for Noncompliance.-- ``(1) Fiscal year 2001.--The Secretary shall withhold 5 percent of the amount required to be apportioned to any State under each of sections 104(b)(1), 104(b)(3), and 104(b)(5)(B) on October 1, 2000, if the State does not meet the requirement of paragraph (3) on such date. ``(2) Thereafter.--The Secretary shall withhold 10 percent (including any amounts withheld under paragraph (1)) of the amount required to be apportioned to any State under each of sections 104(b)(1), 104(b)(3), and 104(b)(5)(B) on October 1, 2001, and on October 1 of each fiscal year thereafter, if the State does not meet the requirement of paragraph (3) on such date. ``(3) Requirement.--A State meets the requirement of this paragraph if the State has enacted and is enforcing a law which provides for a minimum sentence consistent with the following: ``(A) In the case of the first conviction of a person of operating a motor vehicle while under the influence of alcohol, revocation of the person's driver's license for 6 months. ``(B) In the case of the second conviction of a person of operating a motor vehicle while alcohol- impaired, revocation of the person's driver's license for 1 year. ``(C) In the case of the third or subsequent conviction of a person of operating a motor vehicle while alcohol-impaired, permanent revocation of the person's driver's license. A revocation pursuant to this paragraph shall not be subject to any exception or condition, including an exception or condition to avoid hardship to any individual. ``(b) Period of Availability; Effect of Compliance and Noncompliance.-- ``(1) Period of availability of withheld funds.-- ``(A) Funds withheld on or before september 30, 2002.--Any funds withheld under subsection (a) from apportionment to any State on or before September 30, 2002, shall remain available until the end of the third fiscal year following the fiscal year for which such funds are authorized to be appropriated. ``(B) Funds withheld after september 30, 2002.--No funds withheld under this section from apportionment to any State after September 30, 2002, shall be available for apportionment to such State. ``(2) Apportionment of withheld funds after compliance.-- If, before the last day of the period for which funds withheld under subsection (a) from apportionment are to remain available for apportionment to a State under paragraph (1), the State meets the requirement of subsection (a)(3), the Secretary shall, on the first day on which the State meets such requirement, apportion to the State the funds withheld under subsection (a) that remain available for apportionment to the State. ``(3) Period of availability of subsequently apportioned funds.--Any funds apportioned pursuant to paragraph (2) shall remain available for expenditure until the end of the third fiscal year following the fiscal year in which such funds are so apportioned. Sums not obligated at the end of such period shall lapse or, in the case of funds apportioned under section 104(b)(5)(B), shall lapse and be made available by the Secretary for projects in accordance with section 118. ``(4) Effect of noncompliance.--If, at the end of the period for which funds withheld under subsection (a) from apportionment are available for apportionment to a State under paragraph (1), the State does not meet the requirement of subsection (a)(3), such funds shall lapse or, in the case of funds withheld from apportionment under section 104(b)(5)(B), such funds shall lapse and be made available by the Secretary for projects in accordance with section 118.''. (b) Clerical amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following: ``162. National minimum sentence for a person who operates a motor vehicle while under the influence of alcohol.''. | Deadly Driver Reduction and Burton H. Greene Memorial Act - Amends Federal transportation law to require the Secretary of Transportation to withhold five percent of the funds authorized for Federal aid highway programs for FY 2001, and ten percent of such amounts for subsequent fiscal years, from any State that has not enacted and is not enforcing a law that provides the following minimum sentences for operation of a motor vehicle while under the influence of alcohol: (1) revocation of driver's license for six months, in the case of a first conviction; (2) revocation for one year, in the case of a second conviction; and (3) permanent revocation, in the case of a third or subsequent conviction. Allows funds withheld from a State during FY 2001 to be available for up to three fiscal years after such date (to allow a State to meet such requirement within such period), but allows no grace period with respect to funds withheld during the subsequent fiscal years. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Puerto Rico Karst Conservation Act of 2003''. SEC. 2. FINDINGS, PURPOSES, AND DEFINITIONS. (a) Findings.--Congress finds the following: (1) The Karst Region of the Commonwealth of Puerto Rico contains some of the largest areas of tropical forests in Puerto Rico with a higher density of tree species than any other area on the island. (2) The Karst Region has unique geological formations that are critical to the maintenance of aquifers and watersheds that constitute a principal water supply for much of Puerto Rico. (3) The Karst Region is threatened by development that, if unchecked, could permanently damage aquifers supplying fresh water and cause irreparable damage to natural and environmental assets that are unique to the United States and Puerto Rico. (4) Puerto Rico is one of the most densely populated areas of the United States, which makes the protection of the Karst Region an imperative for the maintenance of the public health and welfare of the citizens of Puerto Rico. (5) The Karst Region possesses extraordinary ecological diversity, including the habitats of several endangered and threatened species and tropical migrants, and is, therefore, an area of critical value to research in tropical forest management. (6) Coordinated efforts at land protection by the Federal Government and the Commonwealth of Puerto Rico will be necessary to conserve the environmentally critical Karst Region. (b) Purposes.--The purposes of this Act are-- (1) to authorize and support conservation efforts to acquire, manage, and protect the tropical forest areas of the Karst Region of the Commonwealth of Puerto Rico, with particular emphasis on protecting water quality and the aquifers which are vital to the health and well being of the citizens of Puerto Rico; and (2) to promote cooperation among the Commonwealth of Puerto Rico, Federal Agencies, corporations, organizations, and individuals in such conservation efforts. (c) Definitions.--In this Act: (1) Commonwealth.--The term ``Commonwealth'' means the Commonwealth of Puerto Rico. (2) Karst region.--The term ``Karst Region'' means those areas in the Commonwealth of Puerto Rico generally depicted on the map entitled ``Karst Region Conservation Area'' and dated March, 2001. The map shall be on file and available for public inspection in the Office of the Secretary, Puerto Rico Department of Natural and Environmental Resources, and the Office of the Chief of the Forest Service. (3) Land.--The term ``land'' includes lands, waters, and interests in lands and waters. (4) Forest legacy program.--The term ``Forest Legacy Program'' means the program established pursuant to section 7 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2103c). (5) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. SEC. 3. CONSERVATION OF KARST REGION, COMMONWEALTH OF PUERTO RICO. (a) Federal Cooperation and Assistance.--The Secretary may-- (1) make grants to, and enter into contracts and cooperative agreements with, the Commonwealth, other Federal agencies, organizations, corporations, and individuals for the purposes of furthering the acquisition, management, and protection of land in and adjacent to the Karst Region and implementing related natural resources conservation strategies; and (2) utilize all authorities available to the Secretary, including the Forest and Rangeland Renewable Resources Research Act of 1978 (16 U.S.C. 1641 et. seq.), section 1472 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3318), and section 12 of the Stevenson- Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a), for such purposes. (b) Funding Sources.--The activities authorized by this section may be carried out using amounts in the Puerto Rico Karst Conservation Fund, the fund established by section 4(b) of the Forest and Rangeland Renewable Resources Research Act of 1978 (16 U.S.C. 1643(b)), funds appropriated from the Land and Water Conservation Fund, funds appropriated for the Forest Legacy Program, and any other funds made available for this section. (c) Management of Acquired Lands.-- (1) Management purpose.--Land acquired under the authority of this section or using funds made available under this section shall be managed in a manner to protect and conserve the water quality and aquifers and the geological, ecological, fish and wildlife, and other natural values of the Karst Region. Any Federal land within the Karst Region acquired pursuant to this section or the Forest Legacy Program shall be managed by the Secretary pursuant to the Forest and Rangeland Renewable Resources Research Act of 1978 (16 U.S.C. 1641 et. seq.). (2) United states interest.--In deeds, grants, contracts, and cooperative agreements implementing this section and the Forest Legacy Program in Puerto Rico, the Secretary may require that title to land acquired by the Commonwealth or other cooperating entity under the authority of this section or using funds made available under this section will vest, at the discretion of the Secretary, in the United States if the land is sold or conveyed whole or part, or is not managed in conformity with paragraph (1). (d) Willing Sellers.--Any land acquisition by the Secretary within the Karst Region under the authority of this section and using funds made available under this section shall be on a willing seller basis. (e) Relation to Other Land Authorities.--Nothing in this Act shall diminish any other authority that the Secretary may have to acquire, manage, and protect lands and natural resources in the Commonwealth. (f) Relation to Commonwealth Water Laws.--Nothing in this section shall constitute an express or implied claim or denial on the part of the Federal Government as to exemption from Commonwealth water laws. SEC. 4. PUERTO RICO KARST CONSERVATION FUND. (a) Establishment.--There is hereby established on the books of the Treasury an interest bearing account to be known as the ``Puerto Rico Karst Conservation Fund''. (b) Credits to Funds.--There shall be credited to the Fund the following: (1) Amounts appropriated to the Fund. (2) All moneys donated to the Fund. (3) All moneys generated from the Caribbean National Forest which would otherwise be deposited as miscellaneous receipts in the Treasury of the United States, but not including those moneys authorized by law for payments to the Commonwealth of Puerto Rico or authorized by law for retention by the Forest Service for any purpose. (4) All moneys received by the Administrator of General Services from the disposal of surplus real property in Puerto Rico pursuant to title 40, United States Code, or any other provision of law. (5) Interest derived from amounts in the Fund and any other moneys donated for deposit in the Fund. (c) Use of Fund.--Amounts in the Fund shall be available to the Secretary until expended, without further appropriation, to carry out section 3. (d) Donations.-- (1) Acceptance.--The Secretary may accept donations, including land and money, made by public and private agencies, corporations, organizations, and individuals in furtherance of the purposes of this Act. The Secretary may accept such donations even though the donor is regulated by, conducts business with, or seeks to conduct business with, the Department of Agriculture or any other department or agency of the United States. (2) Treatment of donations.--Public Law 95-442 (7 U.S.C. 2269) shall apply to donations accepted by the Secretary under this subsection. SEC. 5. RELATION TO FOREST LEGACY PROGRAM. (a) Inclusion of Karst Region.--All lands in the Karst Region shall be eligible for inclusion in the Forest Legacy Program. (b) Cost Sharing.--The Secretary may credit donations made under section 4(d) to satisfy any cost sharing requirements of the Forest Legacy Program. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Puerto Rico Karst Conservation Fund such sums as may be necessary to carry out this Act. | Puerto Rico Karst Conservation Act of 2003 - Authorizes the Secretary of Agriculture to acquire land in or immediately adjacent to the Karst Region of Puerto Rico for the purpose of protecting and managing the tropical forest areas of the Region, with particular emphasis on water quality and protection of the aquifers. Authorizes the Secretary to use funds from the Puerto Rico Karst Conservation Fund (established by this Act) as well as funds under the Forest and Rangeland Renewable Resources Research Act of 1978, the Forest Legacy Program, and the Land and Water Conservation Fund. Requires these lands to be managed in accordance with the Forest and Rangeland Renewable Resources Research Act of 1978. Makes all lands in such region eligible for inclusion in the Forest Legacy Program. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Volunteer Pilot Organization Protection Act of 2006''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Scores of public benefit nonprofit volunteer pilot organizations provide valuable services to communities and individuals. (2) In calendar year 2001, nonprofit volunteer pilot organizations provided long-distance, no-cost transportation for over 30,000 people in times of special need. (3) Such organizations are no longer able to reasonably purchase non-owned aircraft liability insurance to provide liability protection, and thus face a highly detrimental liability risk. (4) Such organizations have supported the interests of homeland security by providing volunteer pilot services at times of national emergency. (b) Purpose.--The purpose of this Act is to promote the activities of nonprofit volunteer pilot organizations flying for public benefit and to sustain the availability of the services that such organizations provide, including transportation at no cost to financially needy medical patients for medical treatment, evaluation, and diagnosis, as well as other flights of compassion and flights for humanitarian and charitable purposes. SEC. 3. LIABILITY PROTECTION FOR NONPROFIT VOLUNTEER PILOT ORGANIZATIONS FLYING FOR PUBLIC BENEFIT AND TO PILOTS AND STAFF OF SUCH ORGANIZATIONS. Section 4 of the Volunteer Protection Act of 1997 (42 U.S.C. 14503) is amended-- (1) in subsection (a)(4)-- (A) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (B) by inserting ``(A)'' after ``(4)''; (C) by striking the period at the end and inserting ``; or''; and (D) by adding at the end the following: ``(B) the harm was caused by a volunteer of a nonprofit volunteer pilot organization that flies for public benefit, while the volunteer was flying in furtherance of the purpose of the organization and was operating an aircraft for which the volunteer was properly licensed and insured, unless the conduct constitutes a Federal crime of terrorism (as such term is defined in section 2332b(g)(5) of title 18, United States Code) or an act of domestic terrorism (as such term is defined in section 2331 of such title), or unless the entity has been convicted of an offense under section 2339A of such title.''; (2) in subsection (b)-- (A) by amending the heading to read as follows: ``Concerning Responsibility of Volunteers''; (B) by inserting ``(1)'' before ``Nothing''; and (C) by adding at the end the following new paragraph: ``(2) Nothing in this section shall be construed to affect the liability for negligence of a volunteer of a nonprofit volunteer pilot organization that flies for public benefit with respect to amounts within the limits of liability insurance coverage that such volunteer is required to obtain pursuant to subsection (a)(4)(B) for liability protection under this section.''; and (3) in subsection (c)-- (A) by inserting ``(1)'' before ``Nothing''; and (B) by adding at the end the following new paragraph: ``(2) Notwithstanding paragraph (1), a nonprofit volunteer pilot organization that flies for public benefit, and the staff, mission coordinators, officers, and directors (whether volunteer or otherwise) of such organization or a referring agency of such organization, shall not be liable with respect to harm caused to any person by a volunteer of such organization, while the volunteer is flying in furtherance of the purpose of the organization and is operating an aircraft for which the volunteer is properly licensed and has certified to such organization that such volunteer has in force insurance for operating such aircraft. Such referring agency shall include, among others, any nonprofit organization that provides disaster relief services that place staff, volunteers, evacuees, goods, supplies, or cargo on aircraft flights being coordinated by volunteer pilot organizations in circumstances of disaster response and relief.''. SEC. 4. REPORT BY ATTORNEY GENERAL. (a) Study Required.--The Attorney General shall carry out a study on the availability of insurance to nonprofit volunteer pilot organizations that fly for public benefit. In carrying out the study, the Attorney General shall make findings with respect to-- (1) whether nonprofit volunteer pilot organizations are able to obtain insurance; (2) if no, then why; (3) if yes, then on what terms such insurance is offered; and (4) if the inability of nonprofit volunteer pilot organizations to obtain insurance has any impact on the associations' ability to operate. (b) Report.--After completing the study, the Attorney General shall submit to Congress a report on the results of the study. The report shall include the findings of the study and any conclusions and recommendations that the Attorney General considers appropriate. Passed the House of Representatives July 17, 2006. Attest: KAREN L. HAAS, Clerk. | Volunteer Pilot Organization Protection Act of 2006 - Amends the Volunteer Protection Act of 1997 to exempt from liability a nonprofit volunteer pilot organization or a referring agency of such organization that flies for public benefit, its staff members, and its volunteers for harm caused by a volunteer while flying on behalf of the organization an aircraft for which the volunteer was properly licensed and insured, unless the conduct constitutes a federal crime of terrorism, or an act of domestic terrorism, or the entity has been convicted of providing material support to terrorists. (Maintains the Act's current liability provisions for willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious, flagrant indifference to rights or safety.) Declares that nothing in this Act shall be construed to affect the liability for negligence of a volunteer of a nonprofit volunteer pilot organization that flies for public benefit with respect to amounts within the limits of required liability insurance coverage. Directs the Attorney General to study and report to Congress on the availability of insurance to nonprofit volunteer pilot organizations that fly for public benefit. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``American Missile Protection Act of 1998''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The threat of weapons of mass destruction delivered by long-range ballistic missiles is among the most serious security issues facing the United States. (A) In a 1994 Executive Order, President Clinton certified, that ``I ... find that the proliferation of nuclear, biological, and chemical weapons (`weapons of mass destruction') and the means of delivering such weapons, constitute an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States, and hereby declare a national emergency to deal with that threat.'' This state of emergency was reaffirmed in 1995, 1996, and 1997. (B) In 1994 the President stated, that ``there is nothing more important to our security and the world's stability than preventing the spread of nuclear weapons and ballistic missiles''. (C) Several countries hostile to the United States have been particularly determined to acquire missiles and weapons of mass destruction. President Clinton observed in January of 1998, for example, that ``Saddam Hussein has spent the better part of this decade, and much of his nation's wealth, not on providing for the Iraqi people, but on developing nuclear, chemical and biological weapons and the missiles to deliver them''. (D) In 1996, the Senate affirmed that, ``it is in the supreme interest of the United States to defend itself from the threat of limited ballistic missile attack, whatever the source.'' (2) The long-range ballistic missile threat to the United States is increasing. (A) Several adversaries of the United States have stated their intention to acquire intercontinental ballistic missiles capable of attacking the United States. (i) Libyan leader Muammar Qaddafi has stated, ``If they know that you have a deterrent force capable of hitting the United States, they would not be able to hit you. If we had possessed a deterrent--missiles that could reach New York--we would have hit it at the same moment. Consequently, we should build this force so that they and others will no longer think about an attack.'' (ii) Abu Abbas, the head of the Palestine Liberation Front, has stated, ``I would love to be able to reach the American shore, but this is very difficult. Someday an Arab country will have ballistic missiles. Someday an Arab country will have a nuclear bomb. It is better for the United States and for Israel to reach peace with the Palestinians before that day.'' (iii) Saddam Hussein has stated, ``Our missiles cannot reach Washington. If we could reach Washington, we would strike if the need arose.'' (iv) Iranian actions speak for themselves. Iran's aggressive pursuit of medium-range ballistic missiles capable of striking Central Europe--aided by the continuing collaboration of outside agents--demonstrates Tehran's intent to acquire ballistic missiles of ever- increasing range. (B) Over 30 non-NATO countries possess ballistic missiles, with at least 10 of those countries developing over 20 new types of ballistic missiles. (C) From the end of World War II until 1980, ballistic missiles were used in one conflict. Since 1980, thousands of ballistic missiles have been fired in at least six different conflicts. (D) The clear trend among countries hostile to the United States is toward having ballistic missiles of greater range. (i) North Korea first acquired 300- kilometer range Scud Bs, then developed and deployed 500-kilometer range Scud Cs, is currently deploying the 1000-kilometer range No-Dong, and is developing the 2000-kilometer range Taepo-Dong 1 and 6000-kilometer range Taepo-Dong 2, which would be capable of striking Alaska and Hawaii. (ii) Iran acquired 150-kilometer range CSS- 8s, progressed through the Scud B and Scud C, and is developing the 1300-kilometer range Shahab-3 and 2000-kilometer range Shahab-4, which would allow Iran to strike Central Europe. (iii) Iraq, in a two-year crash program, produced a new missile, the Al-Hussein, with twice the range of its Scud Bs. (iv) Experience gained from extending the range of short- and medium-range ballistic missiles facilitates the development of intercontinental ballistic missiles. (E) The technical information, hardware, and other resources necessary to build ballistic missiles are increasingly available and accessible worldwide. (i) Due to advances in information technology, a vast amount of technical information relating to ballistic missile design, much of it formerly classified, has become widely available and is increasingly accessible through the Internet and other distribution avenues. (ii) Components, tools, and materials to support ballistic missile development are increasingly available in the commercial aerospace industry. (iii) Increasing demand for satellite-based telecommunications is adding to the demand for commercial Space Launch Vehicles, which employ technology that is essentially identical to that of intercontinental ballistic missiles. As this increasing demand is met, the technology and expertise associated with space launch vehicles also proliferate. (F) Russia and China have provided significant technical assistance to rogue nation ballistic missile programs, accelerating the pace of those efforts. In June of 1997, the Director of Central Intelligence, reporting to Congress on weapons of mass destruction- related equipment, materials, and technology, stated that ``China and Russia continued to be the primary suppliers, and are key to any future efforts to stem the flow of dual-use goods and modern weapons to countries of concern.'' (G) Russia and China continue to engage in missile proliferation. (i) Despite numerous Russian assurances not to assist Iran with its ballistic missile program, the Deputy Assistant Secretary of State for Nonproliferation testified to the Senate, that ``the problem is this: there is a disconnect between those reassurances, which we welcome, and what we believe is actually occurring.'' (ii) Regarding China's actions to demonstrate the sincerity of its commitment to nonproliferation, the Director of Central Intelligence testified to the Senate on January 28, 1998, that, ``the jury is still out on whether the recent changes are broad enough in scope and whether they will hold over the longer term. As such, Chinese activities in this area will require continued close watching.'' (H) The inability of the United States to defend itself against weapons of mass destruction delivered by long-range ballistic missile provides additional incentive for hostile nations to develop long-range ballistic missiles with which to threaten the United States. Missiles are widely viewed as valuable tools for deterring and coercing a vulnerable United States. (3) The ability of the United States to anticipate future ballistic missile threats is questionable. (A) The Intelligence Community has failed to anticipate many past technical innovations (for example, Iraq's extended-range Al-Hussein missiles and its development of a space launch vehicle) and outside assistance enables rogue states to surmount traditional technological obstacles to obtaining or developing ballistic missiles of increasing range. (B) In June of 1997, the Director of Central Intelligence reported to Congress that ``many Third World countries--with Iran being the most prominent example--are responding to Western counter- proliferation efforts by relying more on legitimate commercial firms as procurement fronts and by developing more convoluted procurement networks.'' (C) In June of 1997, the Director of Central Intelligence stated to Congress that ``gaps and uncertainties preclude a good projection of exactly when `rest of the world' countries will deploy ICBMs.'' (D) In 1997, the Director of Central Intelligence testified that Iran would have a medium-range missile by 2007. One year later the Director stated, ``since I testified, Iran's success in getting technology and materials from Russian companies, combined with recent indigenous Iranian advances, means that it could have a medium-range missile much sooner than I assessed last year.'' Department of State officials have testified that Iran could be prepared to deploy such a missile as early as late 1998, nine years earlier than had been predicted one year before by the Director of Central Intelligence. (4) The failure to prepare adequately for long-range ballistic missile threats could have severe national security and foreign policy consequences for the United States. (A) An attack on the United States by a ballistic missile equipped with a weapon of mass destruction could inflict catastrophic death or injury to citizens of the United States and severe damage to their property. (B) A rogue state's ability to threaten the United States with an intercontinental ballistic missile may constrain the United States' options in dealing with regional threats to its interests, deter the United States from taking appropriate action, or prompt allies to question United States security guarantees, thereby weakening alliances of the United States and the United States' world leadership position. (5) The United States must be prepared for rogue nations acquiring long-range ballistic missiles armed with weapons of mass destruction. (A) In its resolution of ratification for the START II Treaty, the United States Senate declared that ``because deterrence may be inadequate to protect the United States against long-range ballistic missile threats, missile defenses are a necessary part of new deterrent strategies.'' (B) In September of 1994, Secretary of Defense Perry stated that in the post-Cold War era, ``we now have opportunity to create a new relationship based not on MAD, not on Mutual Assured Destruction, but rather on another acronym, MAS, or Mutual Assured Safety.'' (C) On February 12, 1997, the Under Secretary of Defense for Policy testified to the Senate that ``I and the administration are quite willing to acknowledge that if we saw a rogue state, a potential proliferant, beginning to develop a long-range ICBM capable of reaching the United States, we would have to give very, very serious attention to deploying a limited national missile defense.'' (6) The United States has no defense deployed against weapons of mass destruction delivered by long-range ballistic missiles and no policy to deploy such a national missile defense system. SEC. 3. NATIONAL MISSILE DEFENSE POLICY. It is the policy of the United States to deploy as soon as is technologically possible an effective National Missile Defense system capable of defending the territory of the United States against limited ballistic missile attack (whether accidental, unauthorized, or deliberate). | American Missile Protection Act of 1998 - States as U.S. policy to deploy as soon as technologically possible an effective National Missile Defense system capable of defending U.S. territory against limited ballistic missile attack (whether accidental, unauthorized, or deliberate). |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Economic Opportunity Administration Act of 2013''. SEC. 2. ESTABLISHMENT OF VETERANS ECONOMIC OPPORTUNITY ADMINISTRATION OF DEPARTMENT OF VETERANS AFFAIRS. (a) Economic Opportunity Administration.--Part V of title 38, United States Code, is amended by adding at the end the following new chapter: ``CHAPTER 80--VETERANS ECONOMIC OPPORTUNITY ADMINISTRATION ``8001. Organization of Administration. ``8002. Functions of Administration. ``Sec. 8001. Organization of Administration ``(a) Veterans Economic Opportunity Administration.--There is in the Department of Veterans Affairs a Veterans Economic Opportunity Administration. The primary function of the Veterans Economic Opportunity Administration is the administration of the programs of the Department which provide assistance related to economic opportunity to veterans and their dependents and survivors. ``(b) Under Secretary for Economic Opportunity.--The Veterans Economic Opportunity Administration is under the Under Secretary for Veterans Economic Opportunity, who is directly responsible to the Secretary for the operations of the Administration. ``Sec. 8002. Functions of Administration ``The Veterans Economic Opportunity Administration is responsible for the administration of the following programs of the Department: ``(1) Vocational rehabilitation and employment programs. ``(2) Educational assistance programs. ``(3) Veterans' housing loan and related programs. ``(4) Veterans small business programs, including the program under section 8127 of this title.''. (b) Clerical Amendments.--The tables of chapters at the beginning of title 38, and of part V of title 38, are each amended by inserting after the item relating to chapter 79 the following new item: ``80. Veterans Economic Opportunity Administration.......... 8001''. SEC. 3. UNDER SECRETARY FOR VETERANS ECONOMIC OPPORTUNITY. (a) Under Secretary.--Chapter 3 of title 38, United States Code, is amended by inserting after section 306 the following new section: ``Sec. 306A. Under Secretary for Veterans Economic Opportunity ``(a) Under Secretary.--There is in the Department an Under Secretary for Veterans Economic Opportunity, who is appointed by the President, by and with the advice and consent of the Senate. The Under Secretary for Veterans Economic Opportunity shall be appointed without regard to political affiliation or activity and solely on the basis of demonstrated ability in-- ``(1) information technology; and ``(2) the administration of programs within the Veterans Economic Opportunity Administration or programs of similar content and scope. ``(b) Responsibilities.--The Under Secretary for Veterans Economic Opportunity is the head of, and is directly responsible to the Secretary for the operations of, the Veterans Economic Opportunity Administration. ``(c) Vacancies.--(1) Whenever a vacancy in the position of Under Secretary for Veterans Economic Opportunity occurs or is anticipated, the Secretary shall establish a commission to recommend individuals to the President for appointment to the position. ``(2) A commission established under this subsection shall be composed of the following members appointed by the Secretary: ``(A) Three persons representing education and training, vocational rehabilitation, employment, real estate, mortgage finance and related industries, and survivor benefits activities affected by the Veterans Economic Opportunity Administration. ``(B) Two persons representing veterans served by the Veterans Economic Opportunity Administration. ``(C) Two persons who have experience in the management of private sector benefits programs of similar content and scope to the economic opportunity programs of the Department. ``(D) The Deputy Secretary of Veterans Affairs. ``(E) The chairman of the Veterans' Advisory Committee on Education formed under section 3692 of this title. ``(F) One person who has held the position of Under Secretary for Veterans Economic Opportunity, if the Secretary determines that it is desirable for such person to be a member of the commission. ``(3) A commission established under this subsection shall recommend at least three individuals for appointment to the position of Under Secretary for Veterans Economic Opportunity. The commission shall submit all recommendations to the Secretary. The Secretary shall forward the recommendations to the President and the Committees on Veterans' Affairs of the Senate and House of Representatives with any comments the Secretary considers appropriate. Thereafter, the President may request the commission to recommend additional individuals for appointment. ``(4) The Assistant Secretary or Deputy Assistant Secretary of Veterans Affairs who performs personnel management and labor relations functions shall serve as the executive secretary of a commission established under this subsection. ``(d) Qualifications of Recommended Individuals.--Each individual recommended to the President by the commission for appointment to the position of Under Secretary for Veterans Economic Opportunity shall be an individual who has held a senior level position in the private sector with responsibilities relating to at least one of the following: ``(1) Education policy. ``(2) Vocational rehabilitation. ``(3) Employment. ``(4) Home loan finance. ``(5) Small business development.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 306 the following new item: ``306A. Under Secretary for Veterans Economic Opportunity.''. (c) Conforming Amendments.--Such title is further amended-- (1) in section 7701(a), by inserting after ``assistance'' the following: ``, other than assistance related to economic opportunity,''; (2) in section 7703, by striking paragraphs (2) and (3) and redesignating paragraphs (4) and (5) as paragraphs (2) and (3), respectively; (3) in section 306(c)(2), by striking subparagraphs (A) and (E) and redesignating subparagraphs (B), (C), (D), and (F), as subparagraphs (A) through (D), respectively; (4) in section 317(d), by inserting after ``Under Secretary for Benefits'' the following: ``, the Under Secretary for Veterans Economic Opportunity,''; (5) in section 318(d)(2), by inserting after ``Under Secretary for Benefits'' the following: ``, the Under Secretary for Veterans Economic Opportunity,''; (6) in section 516(e)(2)(C), by striking ``Health and the Under Secretary for Benefits'' and inserting ``Health, the Under Secretary for Benefits, and the Under Secretary for Veterans Economic Opportunity''; (7) in section 541(a)(2)(B), by striking ``Health and the Under Secretary for Benefits'' and inserting ``Health, the Under Secretary for Benefits, and the Under Secretary for Veterans Economic Opportunity''; (8) in section 542(a)(2)(A)(iii), by striking ``Health and the Under Secretary for Benefits'' and inserting ``Health, the Under Secretary for Benefits, and the Under Secretary for Veterans Economic Opportunity''; (9) in section 544(a)(2)(B)(vi), by striking ``Health and the Under Secretary for Benefits'' and inserting ``Health, the Under Secretary for Benefits, and the Under Secretary for Veterans Economic Opportunity''; and (10) in section 709(c)(2)(A), by inserting after ``Under Secretary for Benefits'' the following: ``, the Under Secretary for Veterans Economic Opportunity,''. (d) Full-Time Employees.--For fiscal year 2014, the aggregate number of full-time equivalent employees authorized for the Veterans Benefit Administration and the Veterans Economic Opportunity Administration, as established under chapter 80 of title 38, United States Code, as added by section 2, may not exceed 20,851. | Veterans Economic Opportunity Administration Act of 2013 - Establishes in the Department of Veterans Affairs (VA) a Veterans Economic Opportunity Administration (VEOA), headed by the Under Secretary for Veterans Economic Opportunity, to administer VA programs of economic opportunity assistance to veterans and their dependents and survivors. Requires VEOA to administer the following VA programs: (1) vocational rehabilitation and employment programs; (2) educational assistance programs; (3) veterans' housing loan and related programs; and (4) veterans' small business programs, including the program to increase participation in VA contracts by small business concerns owned and controlled by veterans who have service-connected disabilities and by veterans who do not have such disabilities. Limits the aggregate number of full-time equivalent employees authorized for the Veterans Benefit Administration and VEOA for FY2014. |
SECTION 1. REQUIREMENT FOR LOBBYISTS TO SUBMIT QUARTERLY REPORTS ON CERTAIN CONTRIBUTIONS. Section 5 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1604) is amended by adding at the end the following: ``(d) Quarterly Reports on Other Contributions.-- ``(1) In general.--Not later than 45 days after the end of the quarterly period beginning on the 20th day of January, April, July, and October of each year, or on the first business day after the 20th if that day is not a business day, each registrant under paragraphs (1) or (2) of section 4(a), and each employee who is listed as a lobbyist on a current registration or report filed under this Act, shall file a report with the Secretary of the Senate and the Clerk of the House of Representatives containing-- ``(A) the name of the registrant or lobbyist; ``(B) the employer of the lobbyist or the names of all political committees established or administered by the registrant; ``(C) the name of each Federal candidate or officeholder, leadership PAC, or political party committee, to whom aggregate contributions equal to or exceeding $200 were made by the lobbyist, the registrant, or a political committee established or administered by the registrant within the calendar year, and the date and amount of each contribution made within the quarter; ``(D) the name of each Federal candidate or officeholder, leadership PAC, or political party committee for whom a fundraising event was hosted, co- hosted, or sponsored by the lobbyist, the registrant, or a political committee established or administered by the registrant within the quarter, and the date, location, and total amount (or good faith estimate thereof) raised at such event; ``(E) the name of each Federal candidate or officeholder, leadership PAC, or political party committee for whom aggregate contributions equal to or exceeding $200 were collected or arranged within the calendar year, and to the extent known the aggregate amount of such contributions (or a good faith estimate thereof) within the quarter for each recipient; ``(F) the name of each covered legislative branch official or covered executive branch official for whom the lobbyist, the registrant, or a political committee established or administered by the registrant provided, or directed or caused to be provided, any payment or reimbursements for travel and related expenses in connection with the duties of such covered official, including for each such official-- ``(i) an itemization of the payments or reimbursements provided to finance the travel and related expenses, and to whom the payments or reimbursements were made with the express or implied understanding or agreement that such funds will be used for travel and related expenses; ``(ii) the purpose and final itinerary of the trip, including a description of all meetings, tours, events, and outings attended; ``(iii) whether the registrant or lobbyist traveled on any such travel; ``(iv) the identity of the listed sponsor or sponsors of such travel; and ``(v) the identity of any person or entity, other than the listed sponsor or sponsors of the travel, who directly or indirectly provided for payment of travel and related expenses at the request or suggestion of the lobbyist, the registrant, or a political committee established or administered by the registrant; ``(G) the date, recipient, and amount of funds contributed, disbursed, or arranged (or a good faith estimate thereof) by the lobbyist, the registrant, or a political committee established or administered by the registrant-- ``(i) to pay the cost of an event to honor or recognize a covered legislative branch official or covered executive branch official; ``(ii) to, or on behalf of, an entity that is named for a covered legislative branch official, or to a person or entity in recognition of such official; ``(iii) to an entity established, financed, maintained, or controlled by a covered legislative branch official or covered executive branch official, or an entity designated by such official; or ``(iv) to pay the costs of a meeting, retreat, conference, or other similar event held by, or for the benefit of, 1 or more covered legislative branch officials or covered executive branch officials; ``(H) the date, recipient, and amount of any gift (that under the standing rules of the House of Representatives or Senate counts towards the $100 cumulative annual limit described in such rules) valued in excess of $20 given by the lobbyist, the registrant, or a political committee established or administered by the registrant to a covered legislative branch official or covered executive branch official; and ``(I) the name of each Presidential library foundation and Presidential inaugural committee, to whom contributions equal to or exceeding $200 were made by the lobbyist, the registrant, or a political committee established or administered by the registrant within the calendar year, and the date and amount of each such contribution within the quarter. ``(2) Rules of construction.-- ``(A) In general.--For purposes of this subsection, contributions, donations, or other funds-- ``(i) are `collected' by a lobbyist where funds donated by a person other than the lobbyist are received by the lobbyist for, or forwarded by the lobbyist to, a Federal candidate or other recipient; and ``(ii) are `arranged' by a lobbyist-- ``(I) where there is a formal or informal agreement, understanding, or arrangement between the lobbyist and a Federal candidate or other recipient that such contributions, donations, or other funds will be or have been credited or attributed by the Federal candidate or other recipient in records, designations, or formal or informal recognitions as having been raised, solicited, or directed by the lobbyist; or ``(II) where the lobbyist has actual knowledge that the Federal candidate or other recipient is aware that the contributions, donations, or other funds were solicited, arranged, or directed by the lobbyist. ``(B) Clarifications.--For the purposes of this paragraph-- ``(i) the term `lobbyist' shall include a lobbyist, registrant, or political committee established or administered by the registrant; and ``(ii) the term `Federal candidate or other recipient' shall include a Federal candidate, Federal officeholder, leadership PAC, or political party committee. ``(3) Definitions.--In this subsection, the following definitions shall apply: ``(A) Gift.--The term `gift'-- ``(i) means a gratuity, favor, discount, entertainment, hospitality, loan, forbearance, or other item having monetary value; and ``(ii) includes, whether provided in kind, by purchase of a ticket, payment in advance, or reimbursement after the expense has been incurred-- ``(I) gifts of services; ``(II) training; ``(III) transportation; and ``(IV) lodging and meals. ``(B) Leadership pac.--The term `leadership PAC' means with respect to an individual holding Federal office, an unauthorized political committee which is associated with an individual holding Federal office, except that such term shall not apply in the case of a political committee of a political party.''. | Amends the Lobbying Disclosure Act of 1995 to require a lobbyist, registrant, or political committee established or administered by the registrant to file quarterly contribution reports that include, but are not limited to, the names of federal candidates or officerholders, leadership PACs, and political party committees (except for committees of a political party) for whom they collect or arrange contributions. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Civic Participation and Rehabilitation Act of 2005''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The right to vote is the most basic constitutive act of citizenship and regaining the right to vote reintegrates offenders into free society. 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. Basic constitutional principles of fairness and equal protection require an equal opportunity for Americans to vote in Federal elections. Congress has ultimate supervisory power over Federal elections, an authority which has repeatedly been upheld by the Supreme Court. (2) Congress finds 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 ethnic minorities. (3) Although State law determines the qualifications for voting, Congress must ensure that those laws are in accordance with the Constitution. Current laws vary throughout the country resulting in discrepancies regarding which citizens may vote in Federal elections. (4) An estimated 4,700,000 Americans, or one in 44 adults, currently cannot vote as a result of a felony conviction. Women represent 676,730 of this total. 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 in thirty- one States probationers may not vote. Six States disenfranchise ex-offenders who have fully served their sentences, regardless of the nature or seriousness of the offense. 1,700,000 of the 4,700,000 disqualified voters are not in prison, but are on probation, parole or are ex-offenders. (5) In those States that disenfranchise ex-offenders, the right to vote can be regained in theory, but in practice this possibility is often illusory. In fourteen States, a pardon or order from the Governor or a parole or pardon board is required. Offenders convicted of a Federal offense often have additional barriers to regaining voting rights. In some 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. (6) 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. (7) These discrepancies should be addressed by Congress. Basic concepts of fundamental fairness and equal protection require an equal opportunity for Americans to vote in Federal elections. This Act will restore fairness in the Federal election process and promote reintegration of former offenders into a life as law abiding citizens of the United States. 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. DEFINITIONS. For purposes of this Act-- (1) 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) 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; and (3) 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. SEC. 6. RELATION TO OTHER LAWS. (a) 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) 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. 7. 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. | Civic Participation and Rehabilitation Act of 2005 - States that 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 institute or facility at the time of the election. Authorizes the Attorney General, in a civil action, to obtain declaratory or injunctive relief to remedy a violation of this Act. Provides for a private right of action. Prohibits any State, unit of local government, or other person from receiving or using any Federal grant amount, to construct or otherwise improve a prison, jail, or other place of incarceration, unless that person has in effect a program under which each U.S. citizen incarcerated in that person's jurisdiction is notified, upon release, of that citizen's rights. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Environmental Protection Agency Office of Air and Radiation Authorization Act of 1999''. SEC. 2. DEFINITIONS. For the purposes of this Act-- (1) the term ``Administrator'' means the Administrator of the Agency; (2) the term ``Agency'' means the Environmental Protection Agency; and (3) the term ``Assistant Administrator'' means the Assistant Administrator for Air and Radiation of the Agency. SEC. 3. OFFICE OF AIR AND RADIATION. (a) In General.--There are authorized to be appropriated to the Administrator for the Office of Air and Radiation for environmental research and development and scientific and energy research, development, and demonstration and commercial application of energy technology programs for which specific sums are not authorized under other authority of law $230,116,100 for fiscal year 2000 and $237,019,600 for fiscal year 2001, to remain available until expended, of which-- (1) $124,282,600 for fiscal year 2000 and $128,011,100 for fiscal year 2001 shall be for Science; and (2) $105,833,500 for fiscal year 2000 and $109,008,500 for fiscal year 2001 shall be for the Climate Change Technology Initiative, including-- (A) $39,964,000 for fiscal year 2000 and $41,162,900 for fiscal year 2001 for Buildings; (B) $32,702,500 for fiscal year 2000 and $33,683,600 for fiscal year 2001 for Transportation; (C) $19,158,000 for fiscal year 2000 and $19,732,740 for fiscal year 2001 for Industry; (D) $3,400,000 for fiscal year 2000 and $3,502,000 for fiscal year 2001 for Carbon Removal; (E) $2,987,000 for fiscal year 2000 and $3,076,600 for fiscal year 2001 for State and Local Climate; and (F) $7,622,000 for fiscal year 2000 and $7,850,660 for fiscal year 2001 for International Capacity Building. (b) Limitation.--None of the amounts authorized under subsection (a) may be obligated until 30 days after the Administrator submits to the Committee on Science and the Committee on Appropriations of the House of Representatives, and the Committee on Environment and Public Works and the Committee on Appropriations of the Senate, a report detailing, for fiscal year 2000 and each of the 2 previous fiscal years, for all Office of Air and Radiation environmental research and development and scientific and energy research, development, and demonstration and commercial application of energy technology programs, projects and activities authorized under this Act, by appropriation goal and objectives-- (1) a description of, and funding requested or allocated for, each such program, project and activity; (2) an identification of all recipients of funds to conduct such programs, projects and activities; and (3) an estimate of the amounts to be expended by each recipient of funds identified under paragraph (2). (c) Exclusion.--In the computation of the 30-day period described in subsection (b), there shall be excluded any day on which either House of Congress is not in session because of an adjournment of more than 3 days to a day certain. SEC. 4. NOTICE. (a) Reprogramming.--The Administrator may use for any authorized activities of the Office of Air and Radiation under this Act-- (1) up to the lesser of $250,000 or 5 percent of the total funding for a fiscal year of an environmental research or development or scientific or energy research, development, or demonstration or commercial application of energy technology program, project or activity of the Office of Air and Radiation; or (2) after the expiration of 60 days after transmitting to the Committee on Science and the Committee on Appropriations of the House of Representatives, and to the Committee on Environment and Public Works and the Committee on Appropriations of the Senate, a report described in subsection (b), up to 25 percent of the total funding for a fiscal year of an environmental research or development or scientific or energy research, development, or demonstration or commercial application of energy technology program, project or activity of the Office of Air and Radiation. (b) Report.--(1) The report referred to in subsection (a)(2) is a report containing a full and complete statement of the action proposed to be taken and the facts and circumstances relied upon in support of such proposed action. (2) In the computation of the 60-day period under subsection (a)(2), there shall be excluded any day on which either House of Congress is not in session because of an adjournment of more than 3 days to a day certain. (c) Limitations.--In no event may funds be used pursuant to subsection (a) for an environmental research or development or scientific or energy research, development, or demonstration or commercial application of energy technology program, project or activity for which funding has been requested to the Congress but which has not been funded by the Congress. (d) Annual Operating Plan.--The Administrator shall provide simultaneously to the Committee on Science and the Committee on Appropriations of the House of Representatives, and to the Committee on Environment and Public Works and the Committee on Appropriations of the Senate, any annual operating plan or other operational funding document, including any additions or amendments thereto, provided to any committee of Congress. (e) Copy of Reports.--In addition to the documents required under subsection (d), the Administrator shall provide copies simultaneously to the Committee on Science and the Committee on Appropriations of the House of Representatives, and to the Committee on Environment and Public Works and the Committee on Appropriations of the Senate, of any report relating to the environmental research or development or scientific or energy research, development, or demonstration or commercial application of energy technology programs, projects or activities of the Office of Air and Radiation prepared at the direction of any committee of Congress. (f) Notice of Reorganization.--The Administrator shall provide notice to the Committee on Science and the Committee on Appropriations of the House of Representatives, and to the Committee on Environment and Public Works and the Committee on Appropriations of the Senate, not later than 15 days before any major reorganization of any environmental research or development or scientific or energy research, development, or demonstration or commercial application of energy technology program, project or activity of the Office of Air and Radiation. SEC. 5. BUDGET REQUEST FORMAT. The Administrator shall provide to the Congress, to be transmitted at the same time as the Agency's annual budget request submission, a detailed justification for budget authorization for the programs, projects and activities for which funds are authorized by this Act. Each such document shall include, for the fiscal year for which funding is being requested and for the 2 previous fiscal years-- (1) a description of, and funding requested or allocated for, each such program, project and activity; (2) an identification of all recipients of funds to conduct such programs, projects and activities; and (3) an estimate of the amounts to be expended by each recipient of funds identified under paragraph (2). The document required by this section shall be presented in the format employed by, and with the level of detail included in, the document entitled ``Department of Energy FY 2000 Congressional Budget Request, DOE/CR-0062, Volume 3'', dated February 1999. SEC. 6. LIMITS ON USE OF FUNDS. (a) Travel.--Not more than 1 percent of the funds authorized by this Act may be used either directly or indirectly to fund travel costs of the Agency or travel costs for persons awarded contracts or subcontracts by the Agency. As part of the Agency's annual budget request submission to the Congress, the Administrator shall submit a report to the Committee on Science and the Committee on Appropriations of the House of Representatives, and to the Committee on Environment and Public Works and the Committee on Appropriations of the Senate, that identifies-- (1) the estimated amount of travel costs by the Agency and for persons awarded contracts or subcontracts by the Agency for the fiscal year of such budget submission, as well as for the 2 previous fiscal years; (2) the major purposes for such travel; and (3) the sources of funds for such travel. (b) Trade Associations.--No funds authorized by this Act may be used either directly or indirectly to fund a grant, contract, subcontract, or any other form of financial assistance awarded by the Agency to a trade association on a noncompetitive basis. As part of the Agency's annual budget request submission to the Congress, the Administrator shall submit a report to the Committee on Science and the Committee on Appropriations of the House of Representatives, and to the Committee on Environment and Public Works and the Committee on Appropriations of the Senate, that identifies-- (1) the estimated amount of funds provided by the Agency to trade associations, by trade association, for the fiscal year of such budget submission, as well as for the 2 previous fiscal years; (2) the services either provided or to be provided by each such trade association; and (3) the sources of funds for services provided by each such trade association. (c) Kyoto Protocol.--None of the funds authorized by this Act may be used to propose or issue rules, regulations, decrees, or orders for the purpose of implementation, or in preparation for implementation, of the Kyoto Protocol which was adopted on December 11, 1997, in Kyoto, Japan, at the Third Conference of the Parties to the United Nations Framework Convention on Climate Change, which has not been submitted to the Senate for advice and consent to ratification pursuant to article II, section 2, clause 2 of the United States Constitution, and which has not entered into force pursuant to article 25 of the Protocol. SEC. 7. LIMITATION ON DEMONSTRATIONS. The Agency shall provide funding for scientific or energy or commercial application of energy technology demonstration programs of the Office of Air and Radiation only for technologies or processes that can be reasonably expected to yield new, measurable benefits to the cost, efficiency, or performance of the technology or process. SEC. 8. FEDERAL ACQUISITION REGULATION. (a) Requirement.--None of the funds authorized to be appropriated by this Act may be used to award, amend, or modify a contract of the Office of Air and Radiation in a manner that deviates from the Federal Acquisition Regulation, unless the Administrator grants, on a case-by- case basis, a waiver to allow for such a deviation. The Administrator may not delegate the authority to grant such a waiver. (b) Congressional Notice.--At least 60 days before a contract award, amendment, or modification for which the Administrator intends to grant such a waiver, the Administrator shall submit to the Committee on Science and the Committee on Appropriations of the House of Representatives, and to the Committee on Environment and Public Works and the Committee on Appropriations of the Senate, a report notifying the committees of the waiver and setting forth the reasons for the waiver. SEC. 9. REQUESTS FOR PROPOSALS. None of the funds authorized to be appropriated by this Act may be used by the Agency to prepare or initiate Requests for Proposals (RFPs) for a program, project or activity if the program, project or activity has not been specifically authorized by Congress. SEC. 10. PRODUCTION OR PROVISION OF ARTICLES OR SERVICES. None of the funds authorized to be appropriated by this Act may be used by any program, project or activity of the Office of Air and Radiation to produce or provide articles or services for the purpose of selling the articles or services to a person outside the Federal Government, unless the Administrator determines that comparable articles or services are not available from a commercial source in the United States. SEC. 11. ELIGIBILITY FOR AWARDS. (a) In General.--The Administrator shall exclude from consideration for grant agreements made after fiscal year 1999 by the Office of Air and Radiation, under the programs, projects and activities for which funds are authorized under this Act, any person who received funds, other than those described in subsection (b), appropriated for a fiscal year after fiscal year 1999, under a grant agreement from any Federal funding source for a project that was not subjected to a competitive, merit-based award process, except as specifically authorized by this Act. Any exclusion from consideration pursuant to this section shall be effective for a period of 5 years after the person receives such Federal funds. (b) Exception.--Subsection (a) shall not apply to the receipt of Federal funds by a person due to the membership of that person in a class specified by law for which assistance is awarded to members of the class according to a formula provided by law or under circumstances permitting other than full and open competition under the Federal Acquisition Regulation. (c) Definition.--For purposes of this section, the term ``grant agreement'' means a legal instrument whose principal purpose is to transfer a thing of value to the recipient to carry out a public purpose of support or stimulation authorized by a law of the United States, and does not include the acquisition (by purchase, lease, or barter) of property or services for the direct benefit or use of the United States Government. Such term does not include a cooperative agreement (as such term is used in section 6305 of title 31, United States Code) or a cooperative research and development agreement (as such term is defined in section 12(d)(1) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a(d)(1))). SEC. 12. INTERNET AVAILABILITY OF INFORMATION. The Administrator shall make available through the Internet home page of the Environmental Protection Agency the abstracts relating to all research grants and awards made with funds authorized by this Act. Nothing in this section shall be construed to require or permit the release of any information prohibited by law or regulation from being released to the public. Amend the title to read as follows: ``A bill to authorize appropriations for fiscal years 2000 and 2001 for the environmental research and development and scientific and energy research, development, and demonstration and commercial application of energy technology programs of the Office of Air and Radiation of the Environmental Protection Agency, and for other purposes.''. | (Sec. 4) Sets forth provisions regarding reprogramming and limitations on funds as well as certain reporting requirements. Requires notice to specified congressional committees before any major reorganization of any Office program or activity described by this Act. (Sec. 5) Sets forth requirements for the submission of a detailed justification for budget authorization for the programs and activities authorized by this Act. (Sec. 6) Limits the use of funds authorized by this Act for travel costs. Bars the use of funds authorized by this Act for: (1) grants or contracts awarded by EPA to a trade association on a noncompetitive basis; or (2) implementation of the Kyoto Protocol if it has not been submitted to the Senate for ratification and entered into force. (Sec. 7) Permits funding for programs and activities described by this Act only for technologies or processes that can be reasonably expected to yield new, measurable benefits to the cost, efficiency, or performance of the technology or process. (Sec. 8) Prohibits the use of funds authorized by this Act to award or modify an Office contract in a manner that deviates from the Federal Acquisition Regulation unless the Administrator grants a waiver to allow for such deviation. (Sec. 9) Prohibits the use of funds authorized to be appropriated by this Act by: (1) EPA to prepare or initiate Requests for Proposals for programs under this Act not specifically authorized by Congress; and (2) Office programs under this Act to produce or provide articles or services for purposes of selling them to a person outside the Federal Government unless the Administrator determines that such articles or services are not available from a U.S. commercial source. (Sec. 11) Excludes from consideration for grant agreements for programs described by this Act made by the Office after FY 1999 any person who received funds appropriated for a fiscal year after FY 1999 under a grant agreement from any Federal funding source for a program that was not subjected to a competitive, merit-based award process. Makes such exclusions effective for a period of five years after the person receives such Federal funds. (Sec. 12) Requires the Administrator to make available through the EPA Internet home page the abstracts relating to all research grants and awards made with funds authorized by this Act. |
SEC. 1. SHORT TITLE. This Act may be cited as the ``Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 2004''. SEC. 2. AUTHORIZATION OF ADDITIONAL PROJECTS AND ACTIVITIES UNDER THE LOWER RIO GRANDE WATER CONSERVATION AND IMPROVEMENT PROGRAM. (a) Additional Projects.--Section 4(a) of the Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 2000 (Public Law 106-576; 114 Stat. 3067) is amended by adding at the end the following: ``(20) In Cameron County, Texas, Bayview Irrigation District No. 11, water conservation and improvement projects as identified in the March 3, 2004, engineering report by NRS Consulting Engineers at a cost of $1,425,219. ``(21) In the Cameron County, Texas, the Brownsville Irrigation District, water conservation and improvement projects as identified in the February 11, 2004 engineering report by NRS Consulting Engineers at a cost of $722,100. ``(22) In the Cameron County, Texas Harlingen Irrigation District No. 1, water conservation and improvement projects as identified in the March, 2004, engineering report by Axiom- Blair Engineering at a cost of $4,173,950. ``(23) In the Cameron County, Texas, Cameron County Irrigation District No. 2, water conservation and improvement projects as identified in the February 11, 2004 engineering report by NRS Consulting Engineers at a cost of $8,269,576. ``(24) Braden, Inc. at a cost of $5,607,300. ``(25) In the Cameron County, Texas, Adams Gardens Irrigation District No. 19, water conservation and improvement projects as identified in the March, 2004 engineering report by Axiom-Blair Engineering at a cost of $2,500,000. ``(26) In the Hidalgo and Cameron Counties, Texas, the Hidalgo and Cameron Counties Irrigation District No. 9, water conservation and improvement projects as identified by the February 11 engineering report by NRS Consulting Engineers at a cost of $8,929,152. ``(27) In the Hidalgo and Willacy Counties, Texas, Delta Lake Irrigation District, water conservation and improvement projects as identified in the March, 2004 engineering report by Axiom-Blair Engineering at a cost of $8,000,000. ``(28) In the Hidalgo County, Texas, Hidalgo County Irrigation District No. 2, a water conservation and improvement project identified in the engineering reports attached to a letter dated February 11, 2004, from the district's general manager, at a cost of $5,312,475. ``(29) In the Hidalgo County, Texas, Hidalgo County Irrigation District No. 1, water conservation and improvement projects identified in an engineering report dated March 5, 2004 by Melden and Hunt, Inc. at a cost of $5,595,018. ``(30) In the Hidalgo County, Texas, Hidalgo County Irrigation District No. 6, water conservation and improvement projects as identified in the March, 2004, engineering report by Axiom-Blair Engineering at a cost of $3,450,000. ``(31) In the Hidalgo County, Texas Santa Cruz Irrigation District No. 15, water conservation and improvement projects as identified in an engineering report dated March 5, 2004 by Melden and Hunt at a cost of $4,609,000. ``(32) In the Hidalgo County, Texas, Engelman Irrigation District, water conservation and improvement projects as identified in an engineering report dated March 5, 2004 by Melden and Hunt, Inc. at a cost of $2,251,480. ``(33) In the Hidalgo County, Texas, Valley Acres Water District, water conservation and improvement projects as identified in an engineering report dated March, 2004 by Axiom- Blair Engineering at a cost of $500,000. ``(34) In the Hudspeth County, Texas, Hudspeth County Conservation and Reclamation District No. 1, water conservation and improvement projects as identified in the March, 2004, engineering report by Axiom-Blair Engineering at a cost of $1,500,000. ``(35) In the El Paso County, Texas, El Paso County Water Improvement District No. 1, water conservation and improvement projects as identified in the March, 2004, engineering report by Axiom-Blair Engineering at a cost of $10,500,000. ``(36) In the Hidalgo County, Texas, Donna Irrigation District, water conservation and improvement projects identified in an engineering report dated March 22, 2004 by Melden and Hunt, Inc. at a cost of $2,500,000. ``(37) In the Hidalgo County, Texas, Hidalgo County Irrigation District No. 16, water conservation and improvement projects identified in an engineering report dated March 22, 2004 by Melden and Hunt, Inc. at a cost of $2,800,000. ``(38) The United Irrigation District of Hidalgo County water conservation and improvement projects as identified in a March 2004 engineering report by Sigler Winston, Greenwood and Associates at a cost of $6,067,021.''. (b) Inclusion of Activities to Conserve Water or Improve Supply; Transfers Among Projects.--Section 4 of such Act (Public Law 106-576; 114 Stat. 3067) is further amended by redesignating subsection (c) as subsection (e), and by inserting after subsection (b) the following: ``(c) Inclusion of Activities to Conserve Water or Improve Supply.--In addition to the activities identified in the engineering reports referred to in subsection (a), each project that the Secretary conducts or participates in under subsection (a) may include any of the following: ``(1) The replacement of irrigation canals and lateral canals with buried pipelines. ``(2) The impervious lining of irrigation canals and lateral canals. ``(3) Installation of water level, flow measurement, pump control, and telemetry systems. ``(4) The renovation and replacement of pumping plants. ``(5) Other activities that will result in the conservation of water or an improved supply of water. ``(d) Transfers Among Projects.--Of amounts made available for a project referred to in any of paragraphs (20) through (38) of subsection (a), the Secretary may transfer and use for another such project up to 10 percent.''. SEC. 3. REAUTHORIZATION OF APPROPRIATIONS FOR LOWER RIO GRANDE CONSTRUCTION. Section 4(e) of the Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 2000 (Public Law 106-576; 114 Stat. 3067), as redesignated by section 2(b) of this Act, is further amended by inserting before the period the following: ``for projects referred to in paragraphs (1) through (19) of subsection (a), and $42,356,145 (2004 dollars) for projects referred to in paragraphs (20) through (38) of subsection (a)''. | Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 2004 - Amends the Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 2000 to authorize specified additional projects, including projects for water conservation and improvement in Cameron, Hidalgo, Willacy, Hudspeth, and El Paso counties, Texas. Permits each project that the Secretary of the Interior, acting through the Commissioner of the Bureau of Reclamation, conducts or participates in to include: (1) the replacement of irrigation canals and lateral canals with buried pipelines; (2) the impervious lining of irrigation canals and lateral canals; (3) the installation of water level, flow measurement, pump control, and telemetry systems; (4) the renovation and replacement of pumping plants; and (5) other activities that will result in water conservation or an improved water supply. Authorizes the Secretary to transfer and use for another such project up to ten percent of amounts made available for a project. Reauthorizes appropriations for Lower Rio Grande construction. |
OR PASS REGULAR APPROPRIATIONS BILLS. (a) Failure To Pass Budget Resolution.-- (1) Holding salaries in escrow.--If by April 15 of any calendar year (beginning with 2015), a House of Congress has not agreed to a concurrent resolution on the budget pursuant to section 301 of the Congressional Budget Act of 1974 for the fiscal year which begins on October 1 of that calendar year, during the period described in paragraph (2) the payroll administrator of that House of Congress shall deposit in an escrow account all payments otherwise required to be made during such period for the compensation of Members of Congress who serve in that House of Congress, and shall release such payments to such Members only upon the expiration of such period. (2) Period described.--With respect to a House of Congress and a calendar year, the period described in this paragraph is the period which begins on April 16 of the calendar year and ends on the earlier of-- (A) the day on which the House of Congress agrees to a concurrent resolution on the budget for the fiscal year which begins on October 1 of that calendar year; or (B) the last day of the Congress during which that calendar year occurs. (b) Failure To Pass Regular Appropriation Bills.-- (1) Holding salaries in escrow.--If by July 31 of any calendar year (beginning with 2014), a House of Congress has not passed each of the regular appropriation bills for the fiscal year which begins on October 1 of that calendar year, during the period described in paragraph (2) the payroll administrator of that House of Congress shall deposit in an escrow account all payments otherwise required to be made during such period for the compensation of Members of Congress who serve in that House of Congress, and shall release such payments to such Members only upon the expiration of such period. (2) Period described.--With respect to a House of Congress and a calendar year, the period described in this paragraph is the period which begins on August 1 of the calendar year and ends on the earlier of-- (A) the first day by which the House of Congress has passed each of the regular appropriation bills for the fiscal year which begins on October 1 of that calendar year; or (B) the last day of the Congress during which that calendar year occurs. (3) Regular appropriation bill defined.--The term ``regular appropriation bill'' means any annual appropriation bill which, with respect to the Congress involved, is under the jurisdiction of a single subcommittee of the Committee on Appropriations of the House of Representatives (pursuant to the Rules of the House of Representatives for that Congress) and a single subcommittee of the Committee on Appropriations of the Senate (pursuant to the Standing Rules of the Senate). (c) Administration of Escrow.-- (1) Withholding and remittance of amounts from payments held in escrow.--The payroll administrator shall provide for the same withholding and remittance with respect to a payment deposited in an escrow account under subsection (a) or subsection (b) that would apply to the payment if the payment were not subject to such section. (2) Role of secretary of the treasury.--The Secretary of the Treasury shall provide the payroll administrators of the Houses of Congress with such assistance as may be necessary to enable the payroll administrators to carry out this section. (d) Release of Amounts at End of a Congress.--In order to ensure that this section is carried out in a manner consistent with the twenty-seventh article of amendment to the Constitution of the United States, the payroll administrator of a House of Congress shall release for payments to Members of that House of Congress any amounts remaining in any escrow account under this section on the last day of the Congress during which the amounts were deposited in such account. (e) Definitions.--In this section-- (1) the term ``Member'' includes a Delegate or Resident Commissioner to the Congress; and (2) the ``payroll administrator'' of a House of Congress means-- (A) in the case of the House of Representatives, the Chief Administrative Officer of the House of Representatives, or an employee of the Office of the Chief Administrative Officer who is designated by the Chief Administrative Officer to carry out this section; and (B) in the case of the Senate, the Secretary of the Senate, or an employee of the Office of the Secretary of the Senate who is designated by the Secretary to carry out this section. | Getting Government to Work Act of 2014 - Suspends the public debt limit for the period beginning on the date of enactment of this Act and ending on February 2, 2015. Revises the special rule relating to obligations issued during the suspension period to provide for an increase in the debt limit, effective February 3, 2015, to the extent that: (1) the face amount of obligations issued and the face amount of obligations whose principal and interest are guaranteed by the federal government (except guaranteed obligations held by the Secretary of the Treasury) that are outstanding on February 3, 2015, exceeds (2) the face amount of such obligations outstanding on the date of enactment of this Act. Prohibits an obligation from being taken into account unless its issuance was necessary to fund a commitment incurred by the federal government that required payment before February 3, 2015. Requires the appropriate payroll administrator of each house of Congress to deposit in an escrow account all mandatory payments for compensation of Members of Congress serving in that house if by April 15 of any calendar year, beginning with 2015, that house has not agreed to a concurrent budget resolution for the fiscal year beginning on October 1 of that year. Requires release of such payments to those Members after April 16 of that calendar year only upon the earlier of: (1) the day on which that house agrees to a concurrent budget resolution for the fiscal year beginning on October 1 of that year, or (2) the last day of the Congress during which that calendar year occurs. Sets forth similar suspension of pay requirements if by July 31 of a calendar year, beginning with 2014, a house of Congress has not passed each of the regular appropriation bills for the fiscal year beginning on October 1 of that year. Requires release of salary payments to the appropriate Members after August 1 of the calendar year only upon the earlier of: (1) the day on which that house has passed each of the regular appropriation bills for the fiscal year beginning on October 1 of that year, or (2) the last day of the Congress during which that calendar year occurs. Requires the payroll administrator of a house of Congress, in order to ensure that this Act is carried out in a manner consistent with the Constitution, to release for payments to Members of that house any amounts remaining in any escrow account under this Act on the last day of the Congress during which the amounts were deposited in such account. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Housing Opportunity and Enhancement Act of 2005''. SEC. 2. GUARANTEES FOR RURAL HOUSING LOANS. (a) Income Limitation.-- (1) In general.--Section 502(h) of the Housing Act of 1949 (42 U.S.C. 1472(h)) is amended-- (A) by striking paragraph (3); and (B) in paragraph (11), by striking `` for low and moderate income families''. (2) Repeal.--Section 751 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (42 U.S.C. 1472 note) is hereby repealed: (b) Guarantee Fee.-- (1) In general.--Section 502(h)(8) of the Housing Act of 1949 is amended by striking ``not more than 1 percent'' and inserting ``0.9 percent''. (2) Repeals.--The following provisions are hereby repealed: (A) Section 739 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (42 U.S.C. 1472 note). (B) Section 726 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2005 (118 Stat. 2842). (c) Repayment Ability.--Section 502(h) of the Housing Act of 1949 is amended by inserting after paragraph (2) the following new paragraph: ``(3) Eligibility of borrowers.--Any regulations of the Secretary limiting eligibility of borrowers for loans guaranteed pursuant to this subsection based upon the ratio between the debt and income of the borrower shall provide for a higher income-to-debt ratio with respect to loans for newly constructed properties''. SEC. 3. GUARANTEES FOR REFINANCING LOANS. Section 502(h)(14) of the Housing Act of 1949 (42 U.S.C. 1472(h)(13)) is amended as follows: (1) Guarantee fee.-- (A) In subparagraph (A), by striking ``(F)'' and inserting ``(I)'' (B) In subparagraph (E), by striking ``(8),''. (C) By redesignating subparagraphs (E) and (F) as subparagraphs (H) and (I), respectively. (D) By inserting after subparagraph (D) the following new subparagraph: ``(E) Guarantee fee.--With respect to a refinancing loan under this paragraph, the Secretary may collect from the lender at the time of issuance of the guarantee a fee equal to 0.5 percent of the principal obligation of the loan.''. (2) Refinancing other types of mortgages.--In subparagraph (A)-- (A) by inserting ``(i)'' before ``under this section''; and (B) by inserting before the last comma the following: ``, or (ii) to acquire or construct a single-family residence that meets the requirements of paragraph (4)''. (3) Loan amount.--In subparagraph (D), by striking ``and such closing costs'' and all that follows through ``prescribe'' and inserting the following: ``and closing costs, which shall include amounts paid as an origination fee, but not in excess of 1 percent of the principal obligation of the loan, amounts paid as a discount fee, but not in excess of 200 basis points, any amounts required to be paid into escrow upon loan origination, and such other closing costs as the Secretary may prescribe''. (4) Elimination of income restriction.--In subparagraph (H), as so redesignated by paragraph (1)(B) of this section, by striking ``(3),''. (5) Loan requirements.--By inserting before subparagraph (H), as so redesignated by paragraph (1)(B) of this section, the following new subparagraphs: ``(F) Prohibited loan terms.--The Secretary may not require, for a refinancing loan to be eligible for a guarantee under this paragraph-- ``(i) that an appraisal credit report or underwriting be conducted in connection with the loan; or ``(ii) in the case of a loan described in clause (i) of subparagraph (A), that the residence in connection with which the loan is made be located in a rural area. ``(G) Required loan terms.--The Secretary shall require, for a refinancing loan to be eligible for a guarantee under this paragraph, that-- ``(i) the borrower is not delinquent with respect to payment of the existing loan being refinanced; and ``(ii) the monthly payments required by the borrower under the refinancing loan be at least $50 less than the monthly payments so required under the existing loan being refinanced.''. SEC. 4. RECORDING OF LOANS. Section 501 of the Housing Act of 1949 (42 U.S.C. 1471) is amended by adding at the end the following new subsection: ``(k) Recording Requirements.--The Secretary shall provide that each loan made, insured, or guaranteed under this title shall be recorded, in accordance with any applicable State and local laws requiring recordation of loans, as a loan made, insured, or guaranteed (as appropriate) by the Department of Agriculture, and not as a conventional loan.''. SEC. 5. RURAL AREA DEFINITION. Clause (3) of the first sentence of section 520 of the Housing Act of 1949 (42 U.S.C. 1490) is amended by striking ``and (A)'' and all that follows through ``moderate-income families,''. SEC. 6. INCOME LIMITATION FOR DIRECT LOANS. The first sentence of paragraph (4) of section 501(b) of the Housing Act of 1949 (42 U.S.C. 1471(b)(4)) is amended by inserting before the period at the end the following: ``, except that in determining such respective levels for purposes of direct loans made under section 502, section 3(b)(2) of such Act (42 U.S.C. 1437a(b)(2)) shall be applied by substituting `150 percent' for `80 per centum' each place such term appears and by substituting `93.75 percent' for `50 per centum' each place such term appears''. | Rural Housing Opportunity and Enhancement Act of 2005 - Amends the Doug Bereuter Section 502 Single Family Housing Loan Guarantee Act of the Housing Act of 1949 with respect to the single family rural housing loan guarantee program to: (1) eliminate low and moderate income eligibility requirements; (2) reduce maximum guarantee fees paid by lenders; and (3) require any regulation limiting borrower eligibility based upon the borrower's debt-income ratio to provide for a higher income-to-debt ratio for newly-constructed property loans. Revises refinancing loan guarantee provisions to: (1) authorize a specified lender guarantee fee; (2) permit a guarantee to acquire or construct an eligible single-family residence; (3) amend closing cost provisions; (4) eliminate income requirements; (5) prohibit that an appraisal credit report be required in connection with the loan, or that the residence be in a rural area for an existing loan; and (6) require that the borrower is not delinquent with respect to existing loan payments, and that monthly refinance payments be at least $50 less than existing monthly payments. Requires agricultural housing loans to be recorded as Department of Agriculture, rather than conventional, loans. Revises the definition of "rural area." Increases direct loan income limitations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Transportation and Logistics Hiring Reform Act''. SEC. 2. DEFINITIONS. In this Act: (1) Entity.--The term ``entity'' means a person acting as-- (A) a shipper or a consignee; (B) a broker, a freight forwarder, or a household goods freight forwarder (as such terms are defined in section 13102 of title 49, United States Code); (C) a non-vessel-operating common carrier, an ocean freight forwarder, or an ocean transportation intermediary (as such terms are defined in section 40102 of title 46, United States Code); (D) an indirect air carrier authorized to operate under a Standard Security Program approved by the Transportation Security Administration; (E) a customs broker licensed in accordance with section 111.2 of title 19, Code of Federal Regulations; (F) an interchange motor carrier subject to paragraphs (1)(B) and (2) of section 13902(i); or (G) a warehouse (as defined in Article 7-102(13) of the Uniform Commercial Code). (2) Motor carrier.--The term ``motor carrier'' means a motor carrier or a household goods motor carrier (as such terms are defined in section 13102 of title 49, United States Code) that is subject to Federal motor carrier financial responsibility and safety regulations. (3) State.--The term ``State'' means each of the 50 States, a political subdivision of any such State, any intrastate agency, any other political agency of 2 or more States, the District of Columbia, American Samoa, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands. SEC. 3. NATIONAL HIRING STANDARDS FOR MOTOR CARRIERS. (a) National Standard.--Before tendering a shipment, but not more than 35 days before the pickup of a shipment by the hired motor carrier, an entity shall verify that the motor carrier, at the time of such verification-- (1) is registered with and authorized by the Federal Motor Carrier Safety Administration to operate as a motor carrier or household goods motor carrier, if applicable; (2) has the minimum insurance coverage required by Federal law; and (3)(A) before the safety fitness regulations are issued pursuant to subsection (c), does not have an unsatisfactory safety fitness rating issued by the Federal Motor Carrier Safety Administration in force at the time of such verification; or (B) after the safety fitness regulations are issued pursuant to subsection (c), does not have a safety fitness rating issued by the Federal Motor Carrier Safety Administration under such regulations that is the equivalent of the unsatisfactory fitness rating referred to in subparagraph (A). (b) Intended Use of Data.-- (1) In general.--Only evidence of an entity's compliance with subsection (a) may be admitted as evidence or otherwise used in a civil action for damages resulting from a claim of negligent selection or retention of such motor carrier against the entity. (2) Excluded evidence.--All other motor carrier data created or maintained by the Federal Motor Carrier Safety Administration including safety measurement system data or analysis of such data, may not be admitted into evidence in a case or proceeding in which it is asserted or alleged that an entity's selection or retention of a motor carrier was negligent. (c) Rulemaking.-- (1) In general.--Not later than 18 months after the date of the enactment of this Act, the Secretary of Transportation shall promulgate safety fitness determination regulations that update and revise the standards for establishing an unsatisfactory safety rating for motor carriers. (2) Factors for an unsatisfactory rating.--In the regulations promulgated pursuant to paragraph (1), the Secretary shall determine if a motor carrier is not fit to operate a commercial motor vehicle in or affecting interstate commerce in accordance with section 31144 of title 49, United States Code. (d) Compliance With All Safety Laws.--All commercial carriers shall comply with all applicable Federal laws pertaining to safety. SEC. 4. APPLICABILITY AND EFFECTIVE DATE. Notwithstanding any other provision of law, this Act shall apply with respect to any action commenced on or after the date of the enactment of this Act without regard to whether the harm that is the subject of the action, or the conduct that caused the harm, occurred before such date of enactment. | Transportation and Logistics Hiring Reform Act This bill establishes a national hiring standard for motor carriers. The bill defines an"entity" as a person acting as: a shipper or a consignee; a broker, a freight forwarder, or a household goods freight forwarder; a non-vessel-operating common carrier, an ocean freight forwarder, or an ocean transportation intermediary; an indirect air carrier authorized to operate under a Standard Security Program approved by the Transportation Security Administration; a federally licensed customs broker; an interchange motor carrier; or a warehouse. Before tendering a shipment, but not more than 35 days before the pickup of a shipment by the hired motor carrier, an entity shall verify that the carrier: is registered with and authorized by the Federal Motor Carrier Safety Administration (FMCSA) to operate as a motor carrier or household goods motor carrier; has the minimum insurance coverage required by federal law; and does not have an unsatisfactory safety fitness rating issued by the FMCSA. Only evidence of an entity's compliance with this Act may be admitted as evidence in a civil action for damages resulting from a claim of negligent selection or retention of such motor carrier against the entity. No other motor carrier data created or maintained by the FMCSA, including safety measurement system data or analysis of such data, may be admitted in a case or proceeding in which it is asserted or alleged that an entity's selection or retention of a motor carrier was negligent. The Secretary of Transportation shall promulgate safety fitness determination regulations that update and revise the standards for establishing an unsatisfactory safety rating for motor carriers. In the regulations promulgated, the Secretary shall determine if a carrier is not fit to operate a commercial motor vehicle in or affecting interstate commerce. All commercial carriers shall comply with all applicable federal laws pertaining to safety. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Independent Spent Nuclear Fuel Storage Act of 1999''. SEC. 2. TABLE OF CONTENTS. Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Definitions. Sec. 4. Findings. Sec. 5. Amendments to the Nuclear Waste Policy Act of 1982. SEC. 3. DEFINITIONS. For purposes of this Act-- (1) the term ``Commission'' means the Nuclear Regulatory Commission; and (2) the term ``Secretary'' means the Secretary of the Department of Energy. SEC. 4. FINDINGS. The Congress finds that-- (1) approximately 35,000 tons of spent nuclear fuel is currently stored at commercial nuclear reactors across the nation; (2) the deep geologic high-level radioactive waste and spent nuclear fuel repository envisioned by the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 et seq.) has not been constructed in time to permit the Secretary to receive and accept high-level radioactive waste or spent nuclear fuel as contemplated by sections 123 and 302 of that Act (42 U.S.C. 10143, 10222), with the result that the Secretary will be unable to perform contracts executed pursuant to section 302(a) of that Act with persons who generate or hold title to high- level radioactive waste or spent nuclear fuel; (3) there have been no orders for the development or construction of civilian nuclear power generating facilities since the enactment of the Nuclear Waste Policy Act of 1982; several such facilities that were anticipated when the Act was enacted are not operating now; (4) it does not now appear that a deep geologic high-level radioactive waste and spent nuclear fuel repository will be available before the year 2010 or later; (5) by the time a deep geologic repository is available many currently operating commercial nuclear reactors will need spent fuel storage capacity beyond the maximum now available in at-reactor spent fuel storage pools; nuclear utilities have spent and will spend major sums to construct facilities, including dry cask spent fuel storage facilities, for use in the interim before a deep geologic repository is available; (6) the sums spent for the purposes described in paragraph (5) are the same funds that commercial nuclear utilities intended to contribute to the Nuclear Waste Fund established by section 302 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)); (7) the technology for long-term storage of spent nuclear fuel, including the technology of dry cask storage, has improved dramatically since the enactment of the Nuclear Waste Policy Act of 1982, and is currently licensed by the Commission and in operation in ten sites throughout the country; (8) the existing statutory jurisdiction of the Commission, under the Atomic Energy Act of 1954 (42 U.S.C. 2001 et seq.), the Energy Reorganization Act of 1974 (42 U.S.C. 5801 et seq.), Executive Order 11834 (42 U.S.C. 5801 note), the Nuclear Regulatory Commission Reorganization Plan No. 1 of 1980, and the Commission's various authorization Acts includes the jurisdiction to review and evaluate the spent fuel storage capability of commercial nuclear utilities that hold or seek licenses to receive and possess nuclear materials from the Commission; (9) commercial nuclear utilities that hold licenses to receive and possess nuclear materials are generally well suited to maintain the institutional capability necessary to become stewards of spent nuclear fuel during a period of interim storage; and (10) the increased radioactive decay that will occur in spent nuclear fuel that has been stored for interim periods prior to deliver to the Secretary pursuant to section 123 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10143) will ease and facilitate its subsequent handling, transportation, and final disposal. SEC. 5. AMENDMENTS TO THE NUCLEAR WASTE POLICY ACT OF 1982. Section 302 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222) is amended by inserting at the end thereof the following new subsection: ``(f)(1) Persons holding contracts under this section may, through credits on fee payments under subsection (a)(2), offset the expenses of providing storage of spent fuel the Secretary would have accepted if a facility was available and until the date of the Secretary's first acceptance of that person's spent fuel at a storage or disposal facility authorized by this Act. ``(2) The credits described in paragraph (1)-- ``(A) shall be deducted from each remittance of a person's fee payments to the Nuclear Waste Fund from the time that the person meets the conditions of paragraph (1) until the time that the Secretary first accepts that person's spent fuel at a storage or disposal facility authorized by this Act; and ``(B) shall be in an amount determined by the Secretary to reflect the cost of storage qualifying under subsection (f)(1).''. | Independent Spent Nuclear Fuel Storage Act of 1999 - Amends the Nuclear Waste Policy Act of 1982 to authorize persons holding spent nuclear fuel contracts to offset the expenses of providing storage of such fuel that the Secretary of Energy would have accepted if a facility was available. Authorizes such offset through credits on certain fee payments until the date of the Secretary's first acceptance at an authorized storage or disposal facility. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Flight 93 National Memorial Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) Passengers and crewmembers of United Airlines Flight 93 of September 11, 2001, courageously gave their lives, thereby thwarting a planned attack on our Nation's Capital. (2) In the months since the historic events of September 11, thousands of people have visited the Flight 93 site, drawn by the heroic action and sacrifice of the passengers and crew aboard Flight 93. (3) Many are profoundly concerned about the future disposition of the crash site, including grieving families of the passengers and crew, the people of the region who are the current stewards of the site, and a broad spectrum of citizens across the United States. Many of these people are forming the Flight 93 Task Force as a broad, inclusive organization to provide a voice for all interested and concerned parties. (4) The crash site commemorates Flight 93 and is a profound symbol of American patriotism and spontaneous leadership of citizen-heroes. The determination of appropriate recognition at the crash site of Flight 93 will be a slowly unfolding process in order to address the interests and concerns of all interested parties. Appropriate national assistance and recognition must give ample opportunity for those involved to voice these broad concerns. (5) It is appropriate that the crash site of Flight 93 be designated a unit of the National Park System. (b) Purposes.--The purposes of this Act are as follows: (1) To establish a national memorial to honor the passengers and crew of United Airlines Flight 93 of September 11, 2001. (2) To establish the Flight 93 Advisory Commission to assist with consideration and formulation of plans for a permanent memorial to the passengers and crew of Flight 93, including its nature, design, and construction. (3) To authorize the Secretary of the Interior (hereinafter referred to as the ``Secretary'') to coordinate and facilitate the activities of the Flight 93 Advisory Commission, provide technical and financial assistance to the Flight 93 Task Force, and to administer a Flight 93 memorial. SEC. 3. MEMORIAL TO HONOR THE PASSENGERS AND CREWMEMBERS OF FLIGHT 93. There is established a memorial at the September 11, 2001, crash site of United Airlines Flight 93 in the Stonycreek Township, Somerset County, Pennsylvania, to honor the passengers and crew of Flight 93. SEC. 4. FLIGHT 93 ADVISORY COMMISSION. (a) Establishment.--There is established a commission to be known as the ``Flight 93 Advisory Commission'' (hereafter in this Act referred to as the ``Commission''). (b) Membership.--The Commission shall consist of 15 members, including the Director of the National Park Service, or the Director's designee, and 14 members appointed by the Secretary from recommendations of the Flight 93 Task Force. (c) Term.--The term of the members of the Commission shall be for the life of the Commission. (d) Chair.--The members of the Commission shall select the Chair of the Commission. (e) Vacancies.--Any vacancy in the Commission shall not affect its powers if a quorum is present, but shall be filled in the same manner as the original appointment. (f) Meetings.--The Commission shall meet at the call of the Chairperson or a majority of the members, but not less often than quarterly. Notice of the Commission meetings and agendas for the meetings shall be published in local newspapers in the vicinity of Somerset County and in the Federal Register. Meetings of the Commission shall be subject to section 552b of title 5, United States Code (relating to open meetings). (g) Quorum.--A majority of the members serving on the Commission shall constitute a quorum for the transaction of any business. (h) No Compensation.--Members of the Commission shall serve without compensation, but may be reimbursed for expenses incurred in carrying out the duties of the Commission. (i) Duties.--The duties of the Commission shall be as follow: (1) Not later than 3 years after the date of the enactment of this Act, the Commission shall submit to the Secretary and Congress a report containing recommendations for the planning, design, construction, and long-term management of a permanent memorial at the crash site. (2) The Commission shall advise the Secretary on the boundaries of the memorial site. (3) The Commission shall advise the Secretary in the development of a management plan for the memorial site. (4) The Commission shall consult and coordinate closely with the Flight 93 Task Force, the Commonwealth of Pennsylvania, and other interested parties, as appropriate, to support and not supplant the efforts of the Flight 93 Task Force on and before the date of the enactment of this Act to commemorate Flight 93. (5) The Commission shall provide significant opportunities for public participation in the planning and design of the memorial. (j) Powers.--The Commission may-- (1) make such expenditures for services and materials for the purpose of carrying out this Act as the Commission considers advisable from funds appropriated or received as gifts for that purpose; (2) subject to approval by the Secretary, solicit and accept donations of funds and gifts, personal property, supplies, or services from individuals, foundations, corporations, and other private or public entities to be used in connection with the construction or other expenses of the memorial; (3) hold hearings, enter into contracts for personal services and otherwise; (4) do such other things as are necessary to carry out this Act; and (5) by a vote of the majority of the Commission, delegate such of its duties as it determines appropriate to employees of the National Park Service. (k) Termination.--The Commission shall terminate upon dedication of the completed memorial. SEC. 5. DUTIES OF THE SECRETARY. The Secretary is authorized to-- (1) provide assistance to the Commission, including advice on collections, storage, and archives; (2) consult and assist the Commission in providing information, interpretation, and the conduct of oral history interviews; (3) provide assistance in conducting public meetings and forums held by the Commission; (4) provide project management assistance to the Commission for planning, design, and construction activities; (5) provide programming and design assistance to the Commission for possible memorial exhibits, collections, or activities; (6) provide staff assistance and support to the Commission and the Flight 93 Task Force; (7) participate in the formulation of plans for the design of the memorial, to accept funds raised by the Commission for construction of the memorial, and to construct the memorial; (8) acquire from willing sellers the land or interests in land for the memorial site by donation, purchase with donated or appropriated funds, or exchange; and (9) to administer the Flight 93 memorial as a unit of the National Park System in accordance with this Act and with the laws generally applicable to units of the National Park System such as the Act of August 25, 1916 (39 Stat. 585). SEC. 6. CLARIFICATION OF PASSENGERS AND CREW. For the purposes of this Act, the terrorists on United Airlines Flight 93 on September 11, 2001, shall not be considered passengers or crew of that flight. Speaker of the House of Representatives. Vice President of the United States and President of the Senate. | Flight 93 National Memorial Act - Establishes a memorial at the September 11, 2001, crash site of United Airlines Flight 93 in the Stonycreek Township, Somerset County, Pennsylvania, to honor the passengers and crew of Flight 93.Establishes the Flight 93 Advisory Commission to: (1) make recommendations for the planning, design, construction, and long-term management of a permanent memorial; and (2) advise the Secretary of the Interior in the development of a management plan for the site.States that the terrorists on United Flight 93 on September 11, 2001 shall not be considered passengers or crew of that flight. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe and Secure Federal Websites Act of 2015''. SEC. 2. ENSURING FUNCTIONALITY AND SECURITY OF NEW FEDERAL WEBSITES THAT COLLECT PERSONALLY IDENTIFIABLE INFORMATION. (a) Certification Requirement.-- (1) In general.--Except as otherwise provided under this subsection, an agency may not deploy or make available to the public a new Federal PII website until the date on which the chief information officer of the agency submits a certification to Congress that the website is fully functional and secure. (2) Transition.--In the case of a new Federal PII website that is operational on the date of the enactment of this Act, paragraph (1) shall not apply until the end of the 90-day period beginning on such date of enactment. If the certification required under paragraph (1) for such website has not been submitted to Congress before the end of such period, the head of the responsible agency shall render the website inaccessible to the public until such certification is submitted to Congress. (3) Exception for beta website with explicit permission.-- Paragraph (1) shall not apply to a website (or portion thereof) that is in a development or testing phase, if the following conditions are met: (A) A member of the public may access PII-related portions of the website only after executing an agreement that acknowledges the risks involved. (B) No agency compelled, enjoined, or otherwise provided incentives for such a member to access the website for such purposes. (4) Construction.--Nothing in this section shall be construed as applying to a website that is operated entirely by an entity (such as a State or locality) that is independent of the Federal Government, regardless of the receipt of funding in support of such website from the Federal Government. (b) Definitions.--In this section: (1) Agency.--The term ``agency'' has the meaning given that term under section 551 of title 5, United States Code. (2) Fully functional.--The term ``fully functional'' means, with respect to a new Federal PII website, that the website can fully support the activities for which it is designed or intended with regard to the eliciting, collection, storage, or maintenance of personally identifiable information, including handling a volume of queries relating to such information commensurate with the purpose for which the website is designed. (3) New federal personally identifiable information website (new federal pii website).--The terms ``new Federal personally identifiable information website'' and ``new Federal PII website'' mean a website that-- (A) is operated by (or under a contract with) an agency; (B) elicits, collects, stores, or maintains personally identifiable information of individuals and is accessible to the public; and (C) is first made accessible to the public and collects or stores personally identifiable information of individuals, on or after October 1, 2012. (4) Operational.--The term ``operational'' means, with respect to a website, that such website elicits, collects, stores, or maintains personally identifiable information of members of the public and is accessible to the public. (5) Personally identifiable information (pii).--The terms ``personally identifiable information'' and ``PII'' mean any information about an individual elicited, collected, stored, or maintained by an agency, including-- (A) any information that can be used to distinguish or trace the identity of an individual, such as a name, a social security number, a date and place of birth, a mother's maiden name, or biometric records; and (B) any other information that is linked or linkable to an individual, such as medical, educational, financial, and employment information. (6) Responsible agency.--The term ``responsible agency'' means, with respect to a new Federal PII website, the agency that is responsible for the operation (whether directly or through contracts with other entities) of the website. (7) Secure.--The term ``secure'' means, with respect to a new Federal PII website, that the following requirements are met: (A) The website is in compliance with subchapter II of chapter 35 of title 44, United States Code. (B) The website ensures that personally identifiable information elicited, collected, stored, or maintained in connection with the website is captured at the latest possible step in a user input sequence. (C) The responsible agency for the website has encrypted, masked, or taken other similar actions to protect personally identifiable information elicited, collected, stored, or maintained in connection with the website. (D) The responsible agency for the website has taken reasonable efforts to minimize domain name confusion, including through additional domain registrations. (E) The responsible agency requires all personnel who have access to personally identifiable information in connection with the website to have completed a Standard Form 85P and signed a non-disclosure agreement with respect to personally identifiable information, and the agency takes proper precautions to ensure that only the fewest reasonable number of trustworthy persons may access such information. (F) The responsible agency maintains (either directly or through contract) sufficient personnel to respond in a timely manner to issues relating to the proper functioning and security of the website, and to monitor on an ongoing basis existing and emerging security threats to the website. (8) State.--The term ``State'' means each State of the United States, the District of Columbia, each territory or possession of the United States, and each federally recognized Indian tribe. SEC. 3. PRIVACY BREACH REQUIREMENTS. (a) Information Security Amendment.--Subchapter II of chapter 35 of title 44, United States Code, is amended by adding at the end the following: ``Sec. 3559. Privacy breach requirements ``(a) Policies and Procedures.--The Director of the Office of Management and Budget shall establish and oversee policies and procedures for agencies to follow in the event of a breach of information security involving the disclosure of personally identifiable information, including requirements for-- ``(1) not later than 72 hours after the agency discovers such a breach, or discovers evidence that reasonably indicates such a breach has occurred, notice to the individuals whose personally identifiable information could be compromised as a result of such breach; ``(2) timely reporting to a Federal cybersecurity center, as designated by the Director of the Office of Management and Budget; and ``(3) any additional actions that the Director finds necessary and appropriate, including data breach analysis, fraud resolution services, identity theft insurance, and credit protection or monitoring services. ``(b) Required Agency Action.--The head of each agency shall ensure that actions taken in response to a breach of information security involving the disclosure of personally identifiable information under the authority or control of the agency comply with policies and procedures established by the Director of the Office of Management and Budget under subsection (a). ``(c) Report.--Not later than March 1 of each year, the Director of the Office of Management and Budget shall report to Congress on agency compliance with the policies and procedures established under subsection (a). ``(d) Federal Cybersecurity Center Defined.--The term `Federal cybersecurity center' means any of the following: ``(1) The Department of Defense Cyber Crime Center. ``(2) The Intelligence Community Incident Response Center. ``(3) The United States Cyber Command Joint Operations Center. ``(4) The National Cyber Investigative Joint Task Force. ``(5) Central Security Service Threat Operations Center of the National Security Agency. ``(6) The United States Computer Emergency Readiness Team. ``(7) Any successor to a center, team, or task force described in paragraphs (1) through (6). ``(8) Any center that the Director of the Office of Management and Budget determines is appropriate to carry out the requirements of this section.''. (b) Technical and Conforming Amendment.--The table of sections for subchapter II of chapter 35 of title 44, United States Code, is amended by adding at the end the following: ``3559. Privacy breach requirements.''. | Safe and Secure Federal Websites Act of 2015 This bill establishes security and privacy requirements for new federal websites that collect personally identifiable information (PII) (i.e., information that can be used to distinguish or trace the identity of an individual or that is linked or linkable to an individual). (Sec. 2) A federal agency may not deploy or make available to the public a new federal PII website until the agency's chief information officer (CIO) certifies to Congress that the website is fully functional and secure. The CIO must make such certification within 90 days after enactment of this Act. After such 90-day period, any new federal PII website that has not been certified must be rendered inaccessible until certification is submitted. The prohibition does not apply to a website that is: (1) operated entirely by an entity that is independent of the federal government, or (2) in a development or testing phase (beta website). The exemption for beta websites applies only if: (1) a member of the public may access PII-related portions of the website only after executing an agreement that acknowledges the risks involved; and (2) no agency compelled, enjoined, or otherwise provided incentives for a member of the public to access such website. The bill defines a "new federal PII website" as a website that: (1) is operated by (or under contract with) an agency; (2) elicits, collects, stores, or maintains PII and is accessible to the public; and (3) is first made accessible to the public and collects or stores PII on or after October 1, 2012. The bill also sets forth requirements that must be met to deem a new federal PII website as "secure." (Sec. 3) The Director of the Office of Management and Budget (OMB) must establish and oversee policies and procedures for federal agencies to follow in the event of a breach of information security involving the disclosure of PII, including: (1) notice, not later than 72 hours after discovery of a breach or possible breach, to individuals whose PII could be compromised; and (2) timely reporting to a federal cybersecurity center designated by the OMB and defined in this Act. Agency heads must ensure that agency actions taken in response to a breach of information security involving the disclosure of PII comply with OMB policies and procedures established by this Act. The OMB must report to Congress, not later than March 1 of each year, on agency compliance with such policies and procedures. A "federal cybersecurity center" is defined to include: (1) the Department of Defense Cyber Crime Center, (2) the Intelligence Community Incident Response Center, (3) the U.S. Cyber Command Joint Operations Center, (4) the National Cyber Investigative Task Force, (5) the Central Security Service Threat Operations Center of the National Security Agency, (6) the U.S. Computer Emergency Readiness Team, and (7) any center that the OMB determines is appropriate to carry out privacy breach notice and reporting requirements. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Non-Citizen Identification Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Creation of a new social security card. Sec. 3. Denying benefits for work done illegally. Sec. 4. Identifying illegal aliens. Sec. 5. Educating the public. SEC. 2. CREATION OF A NEW SOCIAL SECURITY CARD. (a) In General.--Section 205(c)(2)(G) of the Social Security Act (42 U.S.C. 402(c)(2)(G)) is amended-- (1) by inserting ``(i)'' after ``(G)''; (2) by striking the 2nd sentence; and (3) by adding at the end the following new clauses: ``(ii) A social security card issued pursuant to clause (i) of this subparagraph to an individual described in subparagraph (B)(ii) shall-- ``(I) be made of tamper proof and wear-resistant material, ``(II) be designed, with such security features and under such methods as shall be determined by the Commissioner, to prevent (to the maximum extent practicable) tampering, counterfeiting, or duplication of the card for fraudulent purposes and fraudulent use of the card, ``(III) be issued under such secure procedures as to preclude the issuance of the card to persons who are ineligible to receive the card, ``(IV) have clearly marked on its face, the name and social security account number of the individual to whom the card is issued, ``(V) display a digital image, captured directly by an officer or employee of the Social Security Administration acting in his or her official capacity, of the person to whom the social security account number was issued and the date on which that image was captured, and ``(VI) contain an encrypted, machine-readable electronic record which shall include records of biometric identifiers unique to the individual to whom the card is issued, including a copy of the digitized facial image printed on the face of the card. ``(iii) The Commissioner may charge a reasonable fee to the recipient as a condition for issuance of a social security card under clause (i) of this subparagraph to an individual described in subparagraph (B)(ii). Fees charged under this clause shall be in amounts not greater than amounts necessary to meet the administrative costs attributable to the requirements of clause (ii) of this subparagraph. Amounts received by the Commissioner under this clause shall be deposited in the Federal Old-Age and Survivors Insurance Trust Fund and shall be available for use by the Commissioner solely for purposes of meeting such requirements. ``(iv) The Commissioner may through a memorandum of understanding and a reimbursement of costs, delegate to the Secretary of Homeland Security the process of meeting the requirements of this paragraph by using the existing secure card manufacturing facilities and related systems used to produce the Permanent Resident Card and the B1/B2 Visa.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect 2 years after the date of the enactment of this Act. SEC. 3. DENYING BENEFITS FOR WORK DONE ILLEGALLY. (a) In General.--Section 215(e) of the Social Security Act (42 U.S.C. 415(e)) is amended-- (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (2) by inserting ``(1)'' after ``(e)''; and (3) by adding at the end the following new paragraph: ``(2) For purposes of subsections (b) and (d), in computing an individual's average indexed monthly earnings, or in the case of an individual whose primary insurance amount is computed under section 215(a) as in effect prior to January 1979, average monthly wage, such individual shall not be credited with any wages paid to such individual, or any self-employment income derived by such individual, while such individual was not a citizen or national of the United States and was illegally in the United States.''. (b) Effective Date.--The amendments made by subsection (a) shall apply with respect to wages paid, and self-employment income derived, before, on, or after the date of the enactment of this Act. Notwithstanding section 215(f)(1) of the Social Security Act (42 U.S.C. 415(f)(1)), as soon as practicable after the date of the enactment of this Act, the Commissioner of Social Security shall recompute all primary insurance amounts to the extent necessary to carry out such amendments. Such amendments shall affect benefits only for months after the date of the enactment of this Act. SEC. 4. IDENTIFYING ILLEGAL ALIENS. (a) Issuance of Social Security Cards.-- (1) In general.--Section 205(c)(2)(G)(ii) of the Social Security Act (42 U.S.C. 405(c)(2)(G)(ii)), as amended by section 1(a) of this Act, is amended-- (A) by striking ``and'' at the end of subclause (V); (B) by striking the period at the end of subclause (VI) and inserting ``, and''; and (C) adding at the end the following: ``(VII) if the individual claims to not be a citizen or national of the United States and to be illegally in the United States-- ``(aa) have clearly marked on its face the date of issuance of the card; and ``(bb) be of a color different than the color of the cards so issued to individuals who have not made such claim.''. (2) Effective date.--The amendments made by paragraph (1) of this subsection shall take effect immediately after the amendments made by section 2(a) take effect. (b) Criminal Penalties.-- (1) In general.--Section 208 of the Social Security Act (42 U.S.C. 408) is amended by adding at the end the following: ``(f)(1)(A) It shall be unlawful for an individual who has attained 18 years of age, is not a citizen or national of the United States, and is illegally in the United States, to fail to possess a social security card issued to the individual pursuant to section 205(c)(2)(G)(i). The preceding sentence may be enforced only when the individual is lawfully detained for a suspected violation of another law. ``(B) It shall be a defense to a charge of having violated subparagraph (A) that the social security card of the defendant was at the place of residence of the defendant at the time of the alleged violation. ``(2) Whoever violates paragraph (1) shall-- ``(A) in the case of the first violation by the person, be issued a warning; or ``(B) in the case of the second or subsequent violation by the person, be guilty of a Class A misdemeanor.''. (2) Effective date.--The amendment made by paragraph (1) of this subsection shall apply to conduct engaged in 1 year or more after the date the amendments made by subsection (a)(1) take effect. SEC. 5. EDUCATING THE PUBLIC. The Commissioner of Social Security shall plan and implement a campaign directed at educating the people of the United States about the new Social Security cards provided for in this Act, and the requirement that illegal alien adults have such a card. | Non-Citizen Identification Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to require the issuance of Social Security cards with specified enhanced security features. Allows the Commissioner of Social Security to charge a reasonable fee to the recipient as a condition for issuance of such a card. Provides that, in the computation of an individual's average indexed monthly earnings, or in certain circumstances an individual's average monthly wage, the individual shall not be credited with any wages paid, or any self-employment income derived, while such individual was not a U.S. citizen or national and was illegally in the United States. Requires issuance of special Social Security cards to adult illegal aliens. Prescribes criminal penalties for illegal aliens who do not possess such a Social Security card. Directs the Commissioner of Social Security to plan and implement a campaign to educate the people of the United States about the new Social Security cards provided for in this Act, and the requirement that illegal alien adults have such a card. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Preserving Independence of Financial Institution Examinations Act of 2003''. SEC. 2. OFFER AND ACCEPTANCE OF CREDIT. (a) In General.--Title 18, United States Code, is amended by striking sections 212 and 213 and inserting the following: ``Sec. 212. Offer of loan or gratuity to financial institution examiner ``(a) In General.--Except as provided in subsection (b), whoever, being an officer, director, or employee of a financial institution, makes or grants any loan or gratuity, to any examiner or assistant examiner who examines or has authority to examine such bank, branch, agency, organization, corporation, association, or institution-- ``(1) shall be fined under this title, imprisoned not more than 1 year, or both; and ``(2) may be fined a further sum equal to the money so loaned or gratuity given. ``(b) Regulations.--A Federal financial institution regulatory agency may prescribe regulations establishing additional limitations on the application for and receipt of credit under this section and on the application and receipt of residential mortgage loans under this section, after consulting with each other Federal financial institution regulatory agency. ``(c) Definitions.--In this section: ``(1) Examiner.--The term `examiner' means any person-- ``(A) appointed by a Federal financial institution regulatory agency or pursuant to the laws of any State to examine a financial institution; or ``(B) elected under the law of any State to conduct examinations of any financial institutions. ``(2) Federal financial institution regulatory agency.--The term `Federal financial institution regulatory agency' means-- ``(A) the Office of the Comptroller of the Currency; ``(B) the Board of Governors of the Federal Reserve System; ``(C) the Office of Thrift Supervision; ``(D) the Federal Deposit Insurance Corporation; ``(E) the Federal Housing Finance Board; ``(F) the Farm Credit Administration; ``(G) the Farm Credit System Insurance Corporation; and ``(H) the Small Business Administration. ``(3) Financial institution.--The term `financial institution' does not include a credit union, a Federal Reserve Bank, a Federal home loan bank, or a depository institution holding company. ``(4) Loan.--The term `loan' does not include any credit card account established under an open end consumer credit plan or a loan secured by residential real property that is the principal residence of the examiner, if-- ``(A) the applicant satisfies any financial requirements for the credit card account or residential real property loan that are generally applicable to all applicants for the same type of credit card account or residential real property loan; ``(B) the terms and conditions applicable with respect to such account or residential real property loan, and any credit extended to the examiner under such account or residential real property loan, are no more favorable generally to the examiner than the terms and conditions that are generally applicable to credit card accounts or residential real property loans offered by the same financial institution to other borrowers cardholders in comparable circumstances under open end consumer credit plans or for residential real property loans; and ``(C) with respect to residential real property loans, the loan is with respect to the primary residence of the applicant. ``Sec. 213. Acceptance of loan or gratuity by financial institution examiner ``(a) In General.--Whoever, being an examiner or assistant examiner, accepts a loan or gratuity from any bank, branch, agency, organization, corporation, association, or institution examined by the examiner or from any person connected with it, shall-- ``(1) be fined under this title, imprisoned not more than 1 year, or both; ``(2) may be fined a further sum equal to the money so loaned or gratuity given; and ``(3) shall be disqualified from holding office as an examiner. ``(b) Definitions.--In this section, the terms `examiner', `Federal financial institution regulatory agency', `financial institution', and `loan' have the same meanings as in section 212.''. (b) Technical and Conforming Amendment.--The table of sections of chapter 11 of title 18, United States Code, is amended by striking the matter relating to sections 212 and 213 and inserting the following: ``212. Offer of loan or gratuity to financial institution examiner. ``213. Acceptance of loan or gratuity by financial institution examiner.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate. | Preserving Independence of Financial Institution Examinations Act of 2003 - Amends Federal criminal law to subject to criminal penalties: (1) personnel of a financial institution who offer a loan or gratuity to a financial institution examiner; and (2) a financial institution examiner who accepts such loan or gratuity. Authorizes a Federal financial institution regulatory agency to prescribe regulations establishing additional limitations on the application for and receipt of credit and on the application and receipt of residential mortgage loans, after consulting with each other Federal financial institution regulatory agency. Excludes from the meaning of financial institution covered by this Act a credit union, a Federal Reserve Bank, a Federal home loan bank, or a depository institution holding company. Declares that the term "loan" does not include any credit card account established under an open end consumer credit plan, or a loan secured by residential real property that is the principal residence of the examiner, if certain requirements are met. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Texas Reclamation Projects Indebtedness Purchase Act''. SEC. 2. DEFINITIONS. As used in this Act-- (1) the term ``public agency'' means a State agency or political subdivision of the State of Texas created under the laws of the State of Texas or home rule city created under the laws of the State of Texas; (2) the term ``Secretary'' means the Secretary of the Interior; (3) the term ``present value'' means the calculation of the present value of the unpaid indebtedness of the project, as defined by the project repayment schedule, discounted at the United States Treasury rates on the date of purchase contract execution; (4) the term ``project'' or ``projects'' means the projects identified in section 4 of this Act and includes all features, functions, and property, real and personal, as authorized by Congress for any project in Texas constructed by the Bureau of Reclamation pursuant to Federal Reclamation laws (the Act of June 17, 1902 (32 Stat. 388), and Acts amendatory thereof or supplementary thereto); (5) the term ``non-Federal mitigation costs'' means costs or expenses incurred by the State of Texas or public agency, whether paid directly or incurred as a reduction of anticipated project benefits, not otherwise included as costs to be repaid to the Federal Government, to mitigate environmental impacts of the project pursuant to law; and (6) the term ``current contracting party'' means the public agency which has contracted with the United States for repayment of the indebtedness of the project. SEC. 3. AGREEMENT FOR THE SALE OF INDEBTEDNESS OF BUREAU OF RECLAMATION PROJECTS IN TEXAS. The Secretary shall enter into an agreement with the current contracting party, or in the alternative, a public agency of the State of Texas, within six months after the enactment of this Act, for the purchase of the projects, whether individual or more than one, according to the following conditions: (1) The purchase price shall be the payment to the United States of monies equal to the present value of the individual projects which the State of Texas desires to purchase. (2) For projects with identified liabilities, and projects where actual benefits are less than those projected at the time of project authorization, the purchase price shall be discounted to the extent of the identified liability or unrealized benefits, as determined by the State of Texas. (3) For projects that the Bureau of Reclamation is obligated to pay a portion of maintenance and operating expenses or payments in lieu of taxes, the purchase price shall be discounted at an amount equal to the Bureau of Reclamations' anticipated payment for the next 50 years. (4) For projects in which the State of Texas or the public agency of the State of Texas assume the responsibility for implementation of Federal nonreimbursable aspects of the project or projects with non-Federal mitigation costs, the purchase price shall be reduced to reflect the additional obligations undertaken or costs incurred. (5) When the purchase price is paid, the Secretary shall convey to the State of Texas, or the public agency of the State of Texas, all right, title, and interest of the United States to all land and all improvements to the project or projects. Interests may be retained by the United States to the limited extent those interests must be maintained to implement remaining Federal programs described in paragraph (9). (6) The State of Texas, or the public agency of the State of Texas, shall assume all liability for operation and maintenance of the purchased project or projects. (7) The United States shall provide for the performance of work reasonably necessary to provide for the delivery of such project or projects, including all facilities and property, in a reasonably safe and functional condition and in accordance with good maintenance standards. (8) Upon completion of full payment of the purchase price described in this section and the transfer of a project, the State of Texas, or the public agency of the State of Texas, shall be relieved from compliance with the acreage limitations and other requirements of Reclamation law, and the project beneficiaries shall not thereafter be eligible to receive reclamation benefits available pursuant to the Act of June 17, 1902 (32 Stat. 388), and Acts amendatory thereof or supplementary thereto, unless otherwise authorized by Congress. (9) Upon completion of purchase, the State of Texas, or the public agency of the State of Texas, will assume sole responsibility and liability for the project or projects purchased (or portion thereof) as of the date of conveyance of title and the State of Texas, or the public agency of the State of Texas, will hold the United States harmless and indemnify the United States against any and all claims of damage, except to the extent any title or aspect of project operations has been retained by the United States, and the State of Texas, or the public agency of the State of Texas, will be relieved from any obligation to comply with reclamation rules or regulation applicable to reclamation projects. (10) The State of Texas, or the public agency of the State of Texas, must assume responsibility for continued implementation of all nonreimbursable aspects of the project originally authorized by Congress. Existing programs of the National Park Service and Corps of Engineers associated with specific projects shall not be affected by the transfer. SEC. 4. PROJECTS AND PURCHASE PRICE. The projects for which the Secretary shall execute agreements, and the price which public agencies or the State of Texas shall pay for such projects, based upon the provisions of section 3, are: (1) Canadian River Project authorized by the Act of Congress approved December 29, 1950 (Public Law 81-898), in the amount of $21,187,881. Title to portions of the project owned by the National Park Service, and portions required for flood control operation by the United States Army Corp of Engineers, shall not be transferred. (2) Palmetto Bend Project, Texas, authorized by Act of Congress approved October 12, 1968 (Public Law 90-562), in the amount of $33,923,245. (3) Nueces River Reclamation Project, authorized by the Act of Congress approved October 27, 1974 (Public Law 93-493), in the amount of $30,715,367. SEC. 5. COMPLIANCE WITH CURRENT LAW. (a) The assumption of Federal nonreimbursable responsibility by the current contracting authority or the State of Texas, or public agency of the State of Texas, is in compliance with the National Environmental Policy Act of 1969 and project purchase review shall not be required pursuant thereto. (b) Section 213(c) of the Reclamation Reform Act of 1982 (43 U.S.C. 3(c)) shall not apply to the projects covered by this Act. | Texas Reclamation Projects Indebtedness Purchase Act - Directs the Secretary of the Interior to enter into an agreement with the Texas public agency which has contracted with the United States for repayment of specified Bureau or Reclamation projects in Texas, or another Texas public agency, for the purchase of such projects under specified conditions. Identifies the affected projects as the Canadian River, Palmetto Bend, and Nueces River Reclamation projects. Provides that the assumption of Federal nonreimbursable responsibility by the contracting party is in compliance with the National Environmental Policy Act of 1969 and project purchase review shall not be required. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Care Infrastructure Act of 1996''. SEC. 2. ALLOWANCE OF CREDIT FOR EMPLOYER EXPENSES FOR CHILD CARE ASSISTANCE. (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. EMPLOYER-PROVIDED CHILD CARE CREDIT. ``(a) In General.--For purposes of section 38, the employer- provided child care credit determined under this section for the taxable year is an amount equal to 50 percent of the qualified child care expenditures of the taxpayer for such taxable year. ``(b) Dollar Limitation.--The credit allowable under subsection (a) for any taxable year shall not exceed $150,000. ``(c) Definitions.--For purposes of this section-- ``(1) Qualified child care expenditure.--The term `qualified child care expenditure' means any amount paid or incurred-- ``(A) to acquire, construct, rehabilitate, or expand property-- ``(i) which is to be used as part of a qualified child care facility of the taxpayer, ``(ii) with respect to which a deduction for depreciation (or amortization in lieu of depreciation) is allowable, and ``(iii) which does not constitute part of the principal residence (within the meaning of section 1034) of the taxpayer or any employee of the taxpayer, ``(B) for the operating costs of a qualified child care facility of the taxpayer, including costs related to the training of employees, to scholarship programs, and to the providing of increased compensation to employees with higher levels of child care training, ``(C) under a contract with a qualified child care facility to provide dependent care services to employees of the taxpayer, or ``(D) under a contract to provide dependent care resource and referral services to employees of the taxpayer. ``(2) Qualified child care facility.-- ``(A) In general.--The term `qualified child care facility' means a facility-- ``(i) the principal use of which is to provide dependent care assistance, and ``(ii) which meets the requirements of all applicable laws and regulations of the State or local government in which it is located, including, but not limited to, the licensing of the facility as a child care facility. Clause (i) shall not apply to a facility which is the principal residence (within the meaning of section 1034) of the operator of the facility. ``(B) Special rules with respect to a taxpayer.--A facility shall not be treated as a qualified child care facility with respect to a taxpayer unless-- ``(i) enrollment in the facility is open to employees of the taxpayer during the taxable year, ``(ii) the facility is not the principal trade or business of the taxpayer unless at least 30 percent of the enrollees of such facility are dependents of employees of the taxpayer, and ``(iii) the use of such facility (or the eligibility to use such facility) does not discriminate in favor of employees of the taxpayer who are highly compensated employees (within the meaning of section 414(q)). ``(d) Recapture of Acquisition and Construction Credit.-- ``(1) In general.--If, as of the close of any taxable year, there is a recapture event with respect to any qualified child care facility of the taxpayer, then the tax of the taxpayer under this chapter for such taxable year shall be increased by an amount equal to the product of-- ``(A) the applicable recapture percentage, and ``(B) the aggregate decrease in the credits allowed under section 38 for all prior taxable years which would have resulted if the qualified child care expenditures of the taxpayer described in subsection (c)(1)(A) with respect to such facility had been zero. ``(2) Applicable recapture percentage.-- ``(A) In general.--For purposes of this subsection, the applicable recapture percentage shall be determined from the following table: The applicable recapture ``If the recapture event occurs in: percentage is: Years 1-3............................ 100 Year 4............................... 85 Year 5............................... 70 Year 6............................... 55 Year 7............................... 40 Year 8............................... 25 Years 9 and 10....................... 10 Years 11 and thereafter.............. 0. ``(B) Years.--For purposes of subparagraph (A), year 1 shall begin on the first day of the taxable year in which the qualified child care facility is placed in service by the taxpayer. ``(3) Recapture event defined.--For purposes of this subsection, the term `recapture event' means-- ``(A) Cessation of operation.--The cessation of the operation of the facility as a qualified child care facility. ``(B) Change in ownership.-- ``(i) In general.--Except as provided in clause (ii), the disposition of a taxpayer's interest in a qualified child care facility with respect to which the credit described in subsection (a) was allowable. ``(ii) Agreement to assume recapture liability.--Clause (i) shall not apply if the person acquiring such interest in the facility agrees in writing to assume the recapture liability of the person disposing of such interest in effect immediately before such disposition. In the event of such an assumption, the person acquiring the interest in the facility shall be treated as the taxpayer for purposes of assessing any recapture liability (computed as if there had been no change in ownership). ``(4) Special rules.-- ``(A) Tax benefit rule.--The tax for the taxable year shall be increased under paragraph (1) only with respect to credits allowed by reason of this section which were used to reduce tax liability. In the case of credits not so used to reduce tax liability, the carryforwards and carrybacks under section 39 shall be appropriately adjusted. ``(B) No credits against tax.--Any increase in tax under this subsection shall not be treated as a tax imposed by this chapter for purposes of determining the amount of any credit under subpart A, B, or D of this part. ``(C) No recapture by reason of casualty loss.--The increase in tax under this subsection shall not apply to a cessation of operation of the facility as a qualified child care facility by reason of a casualty loss to the extent such loss is restored by reconstruction or replacement within a reasonable period established by the Secretary. ``(e) Special Rules.--For purposes of this section-- ``(1) Aggregation rules.--All persons which are treated as a single employer under subsections (a) and (b) of section 52 shall be treated as a single taxpayer. ``(2) Pass-thru in the case of estates and trusts.--Under regulations prescribed by the Secretary, rules similar to the rules of subsection (d) of section 52 shall apply. ``(3) Allocation in the case of partnerships.--In the case of partnerships, the credit shall be allocated among partners under regulations prescribed by the Secretary. ``(f) No Double Benefit.-- ``(1) Reduction in basis.--For purposes of this subtitle-- ``(A) In general.--If a credit is determined under this section with respect to any property by reason of expenditures described in subsection (c)(1)(A), the basis of such property shall be reduced by the amount of the credit so determined. ``(B) Certain dispositions.--If during any taxable year there is a recapture amount determined with respect to any property the basis of which was reduced under subparagraph (A), the basis of such property (immediately before the event resulting in such recapture) shall be increased by an amount equal to such recapture amount. For purposes of the preceding sentence, the term `recapture amount' means any increase in tax (or adjustment in carrybacks or carryovers) determined under subsection (d). ``(2) Other deductions and credits.--No deduction or credit shall be allowed under any other provision of this chapter with respect to the amount of the credit determined under this section. ``(g) Termination.--This section shall not apply to taxable years beginning after December 31, 1999.'' (b) Conforming Amendments.-- (1) Section 38(b) of the Internal Revenue Code of 1986 is amended-- (A) by striking out ``plus'' at the end of paragraph (11), (B) by striking out the period at the end of paragraph (12), and inserting a comma and ``plus'', and (C) by adding at the end the following new paragraph: ``(13) the employer-provided child care credit determined under section 45D.'' (2) 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. Employer-provided child care credit.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1996. | Child Care Infrastructure Act of 1996 - Amends the Internal Revenue Code to allow an employer-provided child care credit for qualified expenses to build, rehabilitate, or expand a qualified child care facility, or subsidize or contract for such services, for an employer's employees. Terminates such credit by a specified date. |
SECTION 1. SHORT TITLE. This Act shall be cited as the ``VA State Health-Care Reform Pilot Programs Act''. SEC. 2. DEFINITIONS. For purposes of this Act-- (1) The term ``Department'' means the Department of Veterans Affairs. (2) The term ``family'' means the spouse of a veteran or a child of a veteran as those terms are defined in section 101 of title 38, United States Code. (3) The term ``pilot program'' means a program authorized by section 5(a) of this Act. (4) The term ``reformed health-care system'' means a State program which is statutorily established by a State that the Secretary determines was established to assure that residents of the State have access to health-care services. (5) The term ``Secretary'' means the Secretary of Veterans Affairs. (6) The term ``veteran'' has meaning given such term in section 101(2) of title 38, United States Code. SEC. 3. PILOT PROGRAMS AUTHORITY. (a) Authority To Conduct Programs.--In up to five States that have reformed health-care systems, the Secretary may conduct pilot programs under which the Department may provide health care services, directly or by contract, to persons identified in subsection (b) on the same or similar basis as the State plan mandates for residents in the State. (b) Persons Eligible for Services Under Programs.--Persons eligible to receive services under a pilot program are any residents of the State in which the pilot program is being conducted who are-- (1) veterans; (2) individuals eligible for benefits under section 1713 of title 38, United States Code; or (3) members of the family of any veteran who participates in a pilot program. (c) Authority To Comply With State Health Plan Requirements.--In conducting pilot programs, the Secretary may comply with such requirements of State law applicable to the establishment and operation of a health plan under a State reform plan, or to functioning as a participant in, member of, or contractor to, such a health plan, as the Secretary considers appropriate for application to a department or agency of the Federal Government. (d) Catchment Areas.--In conducting pilot programs in a State, the Secretary may-- (1) conduct the programs in some or all health care facilities of the Department located in the State; and (2) establish such catchment areas within the State as the Secretary determines appropriate. SEC. 4. CONDITIONS OF PARTICIPATION. (a) Condition on Establishment of Programs.--The Secretary may establish and operate a pilot program in a State only after determining, based on such factors as the Secretary considers relevant (including the factors referred to in subsection (b)), that, in the absence of an enrollment option through a Department plan in that State, the projected workload in one or more Department health care facilities in the State would decline to a level that-- (1) would threaten to impair the capability of such facilities to meet one or more assigned mission of such facilities; or (2) would result in a deterioration in the quality of the service delivered by such facilities to an extent that it would not be reasonable to continue to provide needed services in such facilities and satisfactory alternative arrangements could not feasibly be provided. (b) Factors.--In making a determination under subsection (a), the Secretary shall consider the following: (1) The relative universality of coverage provided to State residents under the State reform plan. (2) The scope of benefits offered under the plan. (3) The extent of financing supporting the plan. (4) The extent to which the State may serve as a model for the Department in determining how to compete with other health care providers in other States when Congress enacts National health care reform. (5) Such other matters as the Secretary determines appropriate. (c) Notice and Wait Requirement.--(1) The Secretary may establish and operate a pilot program in a State not earlier than 30 days after submitting to the Committees on Veterans' Affairs of the Senate and the House of Representatives a report on the pilot program. (2) Each report submitted under paragraph (1) shall include the following: (A) The rationale for proposed participation in the State reform plan. (B) A description of the extent to which applicable provisions of State law specifically accommodate and facilitate participation of the Department in the State reform plan. (C) A detailed business plan for the participation of the Department under the State reform plan. (D) A description of the actions the Secretary has taken to consult with veterans on the proposed participation of the Department in the State reform plan. (d) Requirement for Regulations.--The Secretary may operate a pilot program in a State only after prescribing implementing regulations. (e) Copayments.--(1) Except as provided in paragraph (2), the Secretary shall require persons receiving health care services under a pilot program to pay all premiums, copayments, deductibles, and coinsurance amounts required by State law in the State where the pilot program is undertaken. (2) The Secretary may not collect premiums, copayments, deductibles, and coinsurance amounts under this subsection from the following individuals: (A) Any veteran with a service-connected disability. (B) any veteran whose discharge or release from the active military, naval or air service was for a disability incurred or aggravated in the line of duty. (C) Any veteran who is in receipt of, or who, but for a suspension pursuant to section 1151 of title 38, United States Code (or both such a suspension and the receipt of retired pay), would be entitled to disability compensation, but only to the extent that such a veteran's continuing eligibility for such care is provided for in the judgment or settlement provided for in such section. (D) Any veteran who is a former prisoner of war. (E) Any veteran of the Mexican border period or World War I. (F) Any veteran who is unable to defray the expenses of necessary care as determined under section 1722(a) of title 38, United States Code. SEC. 5. EXPIRATION OF AUTHORITY. The authority to conduct pilot programs under this Act shall expire on December 31, 1997. SEC. 6. FUNDING. (a) Revolving Fund.--There is established in the Treasury of the United States a revolving fund for conducting pilot programs authorized by section 3(a). (b) Authorization of Appropriations.--There is authorized to be appropriated to the revolving fund for fiscal years 1995, 1996, and 1997 such sums as may be necessary to carry out the purposes of this Act. (c) Availability of Funds.--(1) Amounts in the revolving fund established under subsection (a) shall be available without fiscal year limitation for payment of all expenses necessary to carry out the pilot programs, including-- (A) expenses of furnishing medical care and services; (B) expenses of consumer surveys; (C) expenses of printing, marketing, and advertising services (including contracts for such services); and (D) expenses for the acquisition, construction, repair, or renovation of facilities (including the land on which facilities are located or to be constructed). (2) Funds in the revolving fund shall not be available for a major medical facility project, or a major medical facility lease, under section 8104(a)(3) of title 38, United States Code, unless specifically authorized by law. (d) Collection of Funds.--(1) The Secretary may recover or collect funds which result from participation by the Department in a pilot program authorized under section 3(a) for care provided to veterans or their dependents. The Secretary may recover or collect such funds (including amounts received as premiums, copayments, deductibles or third-party reimbursements) from an individual, another agency or department of the Federal Government, an agency of State or local government, or a health-care provider, health care plan, insurer, or other entity. (2) The Secretary shall, in consultation with the Director of the Office of Management and Budget, estimate the collection of funds to be received for services to be provided to veterans by each Department facility participating in a State pilot program during each fiscal year. Such estimates shall be based upon and consistent with the higher of-- (A) the fiscal year baseline for third-party recoveries, copayments, and other medical collections for the fiscal year included in the budget submitted to Congress by the President; or (B) the fiscal year baseline for such collections for the fiscal year as reestimated by the Congressional Budget Office. (3)(A) Amounts collected for services provided to dependents shall be deposited in the revolving fund established in subsection (a). (B) Amounts collected for services provided to veterans in excess of the estimate determined under paragraph (2) shall be deposited in the revolving fund established under subsection (a). (C) An amount up to the estimate determined under paragraph (2) shall be deposited in the Medical-Care Cost Recovery Fund established under section 1729(g) of title 38, United States Code. SEC. 7. ADMINISTRATIVE FLEXIBILITY. (a) Applicability of Notice and Wait Requirement.--The Secretary may carry out any reorganization necessary to carry out a pilot program authorized by section 3(a) without regard to the provisions of section 510(b) of title 38, United States Code. (b) Applicability of Other Provisions of Law.--The Director of a Department health care facility participating in a pilot project authorized by section 3(a) may enter into agreements with health care plans, insurers, health care providers, or with any other entity or individual to furnish or obtain any health care resource, as that term is defined in section 8152 of title 38, United States Code, without regard to the following: (1) Chapter 7 of the Office of Federal Procurement Policy Act (41 U.S.C. 410 et. seq.). (2) Chapter 4 of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.). (3) Subsections (b)(7), (e), (f), (g), and (h) of section 8 of the Small Business Act (15 U.S.C. 637), relating to certificate of competency, notice, and sole sourcing. (4) Office of Management and Budget Circular A-76. (5) Section 8110(c) of title 38, United States Code, relating to contracting out at Department medical facilities. (6) Subchapter V of chapter 35 of title 31, United States Code, relating to Government Accounting Office protests. (7) Sections 3526 and 3702 of title 31, United States Code, relating to jurisdiction over Government Accounting Office protests. (8) Section 1491 of title 28, United States Code, relating to protests to the United States Court of Federal Claims. (9) Section 702 of title 5, United States Code, and section 1346(2) of title 28, United States Code, relating to protests to United States district courts. (10) Section 8125 of title 38, United States Code, relating to local contracts for health care items. (11) The provisions of law appearing as sections 471 through 544 of title 40, United States Code, for purposes of the proposal of the Law Revision Counsel of a codification of Federal law, relating to the authority of the General Services Administration over leasing and disposal of property. (12) Section 8122(a)(1) of title 38, United States Code, relating to out-leasing by the Department. SEC. 8. MARKETING. The Secretary may carry out such promotional, advertising, and marketing activities as the Secretary considers necessary to effectively establish and operate a health plan pilot program. SEC. 9. REPORTS. Not later than November 30 of each of 1995 through 1998, the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and the House of Representatives a report on the pilot programs carried out by the Secretary under this Act. SEC. 10. SAVINGS PROVISIONS. (a) Benefits.--The Secretary shall provide the persons referred to in section 3(b) with all benefits authorized to be provided to such persons under title 38, United States Code, in accordance with the terms and conditions applicable to such persons and such benefits, notwithstanding that such benefits are not provided under the pilot program. (b) Utilization of Other Department Facilities.--Department facilities not participating in pilot programs shall continue to furnish health care benefits in accordance with the provisions of title 38, United States Code. | VA State Health-Care Reform Pilot Programs Act - Authorizes the Secretary of Veterans Affairs to conduct pilot programs in up to five States that have reformed health-care systems (a statutorily established system to assure residents access to health-care services) under which the Department of Veterans Affairs may provide, directly or by contract, health-care services on the same or a similar basis as the State plan mandates for residents. Makes eligible for such services veterans, survivors and dependents of disabled veterans or veterans who died in active service, and members of the family of any veteran participating in the pilot program. Outlines pilot program conditions, including a 30-day waiting period after notifying specified congressional committees of the intention to establish the program. Requires the payment of all applicable premiums, copayments, deductibles, and coinsurance payments by program participants. Terminates the authority to conduct the pilot programs as of December 31, 1990. Establishes a revolving fund and authorizes appropriations to the fund for FY 1995 through 1997 for pilot program purposes. Provides for the collection of funds from program participants. Allows any required administrative reorganization necessary to carry out a pilot program without the required congressional notification and waiting period. Provides for: (1) marketing activities to promote the pilot programs; and (2) required reports. |
SECTION 1. TRANSFER OF COAST GUARD STATION SCITUATE TO THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (a) Authority to Transfer.-- (1) In general.--The Administrator of the General Services Administration, in consultation with the Commandant, United States Coast Guard, may transfer without consideration administrative jurisdiction, custody, and control over the Federal property known as Coast Guard Station Scituate to the National Oceanic and Atmospheric Administration (hereinafter referred to as ``NOAA''). (2) Identification of property.--The Administrator, in consultation with the Commandant, may identify, describe, and determine the property to be transferred under this section. (b) Terms of Transfer.-- (1) The transfer of the property shall be made subject to any conditions and reservations the Commandant considers necessary to ensure that-- (A) the transfer of the property to NOAA is contingent upon the relocation of Coast Guard Station Scituate to a suitable site; (B) there is reserved to the Coast Guard the right to remove, relocate, or replace any aid to navigation located upon, or install any aid to navigation upon, the property transferred under this section as may be necessary for navigational purposes; and (C) the Coast Guard shall have the right to enter the property transferred under this section at any time, without notice, for purposes of operating, maintaining, and inspecting any aid to navigation. (2) The transfer of the property shall be made subject to the review and acceptance of the property by NOAA. (c) Relocation of Station Scituate.--The Coast Guard may-- (1) lease land, including unimproved or vacant land, for a term not to exceed 20 years, for the purpose of relocating Coast Guard Station Scituate; and (2) improve the land leased under this subsection. SEC. 2. COAST GUARD STATION NANTUCKET; PLUM ISLAND PROPERTY. (a) Authority to Convey.-- (1) In general.--The Secretary of Transportation may convey, by an appropriate means of conveyance, all right, title, and interest of the United States in and to each of the following properties: (A) Coast Guard LORAN Station Nantucket, located in Nantucket, Massachusetts, to the Town of Nantucket, Massachusetts. (B) Two parcels of land on which are situated the Plum Island Boathouse and the Plum Island Lighthouse (also known as the Newburyport Harbor Light), located in Essex County, Massachusetts, to the city of Newburyport, Massachusetts. (2) Identification of property.--The Secretary may identify, describe, and determine the property to be conveyed under this section. (3) Limitation.--The Secretary may not under this section convey-- (A) any historical artifact, including any lens or lantern, located on the property at or before the time of the conveyance; or (B) any interest in submerged land. (b) General Terms and Conditions.-- (1) In general.--Each conveyance of property under this section shall be made-- (A) without payment of consideration; and (B) subject to the conditions required by this section and other terms and conditions the Secretary may consider appropriate, including the reservation of easements and other rights on behalf of the United States. (2) Reversionary interest.--In addition to any term or condition established under this section, each conveyance of property under this section shall be subject to the condition that all right, title, and interest in the property conveyed shall immediately revert to the United States if-- (A) the property, or any part of the property-- (i) ceases to be available and accessible to the public, on a reasonable basis, for educational, park, recreational, cultural, historic preservation, or other similar purposes specified for the property in the terms of conveyance; (ii) ceases to be maintained in a manner that is consistent with its present or future use as a site for Coast Guard aids to navigation or compliance with this section; or (iii) ceases to be maintained in a manner consistent with the provisions in paragraph (4) established by the Secretary pursuant to the National Historic Preservation Act of 1966 (16 U.S.C. 470 et seq.); or (B) at least 30 days before that reversion, the Secretary provides written notice to the owner that the property is needed for national security purposes. (3) Maintenance of navigation functions.--Each conveyance of property under this section shall be made subject to the conditions that the Secretary considers to be necessary to assure that-- (A) the lights, antennas, and associated equipment located on the property conveyed, which are active aids to navigation, shall continue to be operated and maintained by the United States for as long as they are needed for this purpose; (B) the owner of the property may not interfere or allow interference in any manner with aids to navigation without express written permission from the Commandant of the Coast Guard; (C) there is reserved to the United States the right to relocate, replace, or add any aid to navigation or make any changes to the property conveyed as may be necessary for navigational purposes; (D) the United States shall have the right, at any time, to enter the property without notice for the purpose of maintaining aids to navigation and for the purpose of enforcing compliance with this section; and (E) the United States shall have an easement of access to and across the property for the purpose of maintaining the aids to navigation in use on the property. (4) Maintenance of property.-- (A) Subject to subparagraph (B), the owner of a property conveyed under this section shall maintain the property in a proper, substantial, and workmanlike manner, and in accordance with any conditions established by the conveying authority pursuant to the National Historic Preservation Act of 1966 (16 U.S.C. 470 et seq.), and other applicable laws. (B) The owner of a property conveyed under this section is not required to maintain any active aid to navigation equipment on the property, except private aids to navigation permitted under section 83 of title 14, United States Code. (c) Special Terms and Conditions.-- (1) Coast guard loran station nantucket.-- (A) The Secretary may not convey under this section any interest in the property referred to in subsection (a)(1)(A) before the date on which the Town of Nantucket enters into an agreement with the Secretary to relocate the Coast Guard receiving antenna and associated equipment (as determined by the Commandant, at the Town's sole expense and in accordance with design specification, project schedules, and final project approval by the Commandant. (B) The Commandant may, at any time before the date of the conveyance under this section of an interest in the property referred to in subsection (a)(1)(A), grant to the Town of Nantucket a real property license for the purpose of allowing the Town to enter the property to commence construction of a waste water treatment facility and for other site preparation activities. (C) Paragraphs (2)(A)(iii) and (4)(A) of subsection (b) do not apply to the property referred to in subsection (a)(1)(A). (2) Plum island property.--The Secretary shall retain all right, title, and interest of the United States in and to any portion of any parcel referred to in subsection (a)(1)(B) that the Secretary considers appropriate. (d) Definitions.--In this section: (1) Aids to navigation.--The term ``aids to navigation'' means equipment used for navigation purposes, including lights, antennae, radio, sound signals, electronic navigation equipment, or other associated equipment operated or maintained by the United States. (2) Commandant.--The term ``Commandant'' means the Commandant of the Coast Guard. (3) Owner.--The term ``owner'' means, for a property conveyed under this section, the person identified in subsection (a)(1) to whom the property is conveyed, including any successor or assign of that person. (4) Secretary.--The term ``Secretary'' means the Secretary of Transportation. | Authorizes the Secretary of Transportation to convey: (1) the Coast Guard LORAN Station in Nantucket, Massachusetts, to the town of Nantucket; and (2) the Plum Island Boathouse and Lighthouse, Massachusetts, to the city of Newburyport, Massachusetts. Provides a reversionary interest under each such conveyances if the property ceases to be used for public educational, park, recreational, cultural, historical preservation, or other similar purposes, or as a present or future site for Coast Guard aids to navigation. Requires the maintenance of navigation functions within each conveyance. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Arctic Oil Spill Research and Prevention Act of 2009''. SEC. 2. FINDINGS. Congress finds the following: (1) The United States is an Arctic nation with-- (A) an approximately 700-mile border with the Arctic Ocean; (B) more than 100,000,000 acres of land above the Arctic Circle; and (C) an even broader area defined as Arctic by temperature which includes the Bering Sea and Aleutian Islands. (2) The Arctic region of the United States-- (A) is home to an indigenous population which has subsisted for millennia on the abundance in marine mammals, fish, and wildlife, many of which are unique to the region; (B) is known to the indigenous population as Inuvikput or the ``place where we live''; and (C) has produced more than 16,000,000,000 barrels of oil and, according to the United States Geological Survey, may hold an additional 30,000,000,000 barrels of oil and 220,000,000,000,000 cubic feet of natural gas, making the region of fundamental importance to the national interest of the United States. (3) Temperatures in the United States Arctic region have warmed by 3 to 4 degrees Celsius over the past half-century, a rate of increase that is twice the global average. (4) The Arctic ice pack is rapidly diminishing and thinning, and the National Oceanic and Atmospheric Administration estimates the Arctic Ocean may be ice free during summer months in as few as 30 years. (5) Such changes to the Arctic region are having a significant impact on the indigenous people of the Arctic, their communities and ecosystems, as well as the marine mammals, fish, and wildlife upon which they depend. (6) Such changes are opening new portions of the United States Arctic continental shelf to possible development for offshore oil and gas, commercial fishing, marine shipping, and tourism. (7) The dynamic and harsh conditions of working in the Arctic Ocean could significantly increase the risk of a maritime accident. (8) The environmental effects of Arctic oil development require continued study and technological improvement, and oil spill response assets in the United States Arctic are minimal. (9) Research into the recovery of oil in Arctic waters is essential to United States environmental preparedness and maritime security. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to enhance the readiness of the United States to respond to a maritime accident in the Arctic; (2) to enhance the understanding of the behavior of oil in cold water and ice; and (3) to advance the science, technology, and response capabilities of preventing, treating, and recovering oil spilled in the Arctic waters. SEC. 4. ARCTIC MARITIME READINESS AND OIL SPILL PREVENTION. The Commandant of the Coast Guard shall assess and take action to reduce the risk and improve the United States capability to respond to a maritime disaster in the United States Beaufort and Chukchi Sea. Such assessment and actions shall include the prioritization of resources to address-- (1) oil spill response capabilities and infrastructure, including oil spill trajectory models; (2) coordinating contingency plans and agreements with other agencies and departments of the United States, industry, and foreign governments to respond to an Arctic oil spill; (3) expansion of search and rescue capabilities, infrastructure, and logistics, including improvements of the Search and Rescue Optimal Planning System (SAROPS); (4) provisional designation of ports and harbors of refuge; (5) evaluation and enhancement of navigational infrastructure; (6) evaluation and enhancement of vessel monitoring and communications infrastructure; and (7) integration of local and traditional knowledge and concerns into prevention and response strategies. SEC. 5. RESEARCH AND ACTION TO CONDUCT OIL SPILL PREVENTION. The Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration and in collaboration with the heads of other agencies or departments of the United States with appropriate Arctic science expertise, shall direct research and take action to improve the United States ability to conduct oil spill prevention, response, and recovery in Arctic waters. Such research and action shall include the prioritization of resources-- (1) to address-- (A) ecological baselines and Environmental Sensitivity Indexes; (B) identification of ecological important areas, critical habitats, and migratory behaviors; (C) improvements in oil technologies for collecting observational data essential for safe navigation and response strategies in the event of an oil spill in both open water and ice-covered seasons, including data related to currents, winds, weather, waves, environmental spill monitoring, and ice forecasting; (D) development of a robust operational monitoring program during the open water and ice-covered seasons; (E) improvements in technologies and understanding of cold water oil recovery and restoration; and (F) the integration of local and traditional knowledge into oil recovery research studies; and (2) to conduct hydrographic and bathymetric surveys and improve navigational charting of Arctic waters. SEC. 6. RISK ASSESSMENT. (a) Requirement for Risk Assessment.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Commerce shall request that the National Research Council conduct a risk assessment to identify and evaluate existing spill prevention and response standards and develop recommendations that will enhance safety and lessen the potential adverse environmental impacts of industrial activities in Arctic waters. Such assessment shall include the recommendations of the National Research Council to identify a comprehensive suite of measures, based on the best available technology, designed to prevent and respond to oil spills in the Arctic. (b) Consultation.--The Secretary of Commerce shall consult with the Commandant of the Coast Guard, the Administrator of the Environmental Protection Agency, the Director of the Minerals Management Service, and the Director of the United States Fish and Wildlife Service in preparing the specifications for the risk assessment described in subsection (a). (c) Submission to Congress.--The National Research Council shall submit to Congress the risk assessment described in subsection (a). SEC. 7. FUNDING FOR ARCTIC OIL SPILL RESEARCH AND DEVELOPMENT. (a) Oil Pollution Act of 1990.--Section 7001 of the Oil Pollution Act of 1990 (33 U.S.C. 2761) is amended-- (1) in subsection (f)-- (A) in the first sentence, by striking ``Not'' and inserting ``In addition to the amounts made available pursuant to subsection (g), not''; and (B) in the flush text following paragraph (2), by striking ``All'' and inserting ``Except for those activities authorized in subsection (g),''; and (2) by adding at the end the following new subsection: ``(g) Arctic Oil Spill Research and Development.--Not to exceed $8,150,000 of amounts in the Fund shall be available annually for Arctic oil spill research and development for fiscal years 2010, 2011, 2012, 2013, and 2014. Of such sums-- ``(1) $2,150,000 annually shall be available to the Coast Guard, of which $150,000 annually shall be available to Coast Guard for the expenses of the Interagency Coordinating Committee in Oil Pollution Research with regard to activities associated with Arctic oil spill research and development; ``(2) $2,000,000 annually shall be available to the National Oceanic and Atmospheric Administration; ``(3) $2,000,000 annually shall be available to the Environmental Protection Agency; and ``(4) $2,000,000 annually shall be available to the Minerals Management Service.''. (b) Conforming Amendment.--Section 1012(a)(5)(C) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)(C)) is amended by striking ``$27,250,000'' and inserting ``$35,400,000''. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated for fiscal years 2011 through 2015 to carry out this Act-- (1) to the Secretary of the department in which the Coast Guard is operating, $15,000,000 for infrastructure and operational activities; and (2) to the Secretary of Commerce, $15,000,000. | Arctic Oil Spill Research and Prevention Act of 2009 - Directs the Commandant of the Coast Guard to assess and take action to reduce the risk of, and improve the U.S. capability to respond to, a maritime disaster in the United States Beaufort and Chukchi Sea, including the prioritization of resources to address such issues as: (1) oil spill response capabilities and infrastructure; (2) coordinating contingency plans and agreements with U.S. agencies, industry, and foreign governments to respond to an Arctic oil spill; and (3) expansion of search and rescue capabilities, infrastructure, and logistics. Directs the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration (NOAA) and in collaboration with other agencies with appropriate Arctic science expertise, to direct research and take action to improve the U.S. ability to conduct oil spill prevention, response, and recovery in Arctic waters. Requires the Secretary to request that the National Research Council conduct a risk assessment to identify and evaluate existing spill prevention and response standards and develop recommendations that will enhance safety and lessen the potential adverse environmental impacts of industrial activities in Arctic waters. Amends the Oil Pollution Act of 1990 to make specified sums in the Oil Spill Liability Trust Fund available annually to the Coast Guard, NOAA, the Environmental Protection Agency (EPA), and the Minerals Management Service for Arctic oil spill research and development for FY2010-FY2014. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair, Accurate, Secure, and Timely Redress Act of 2008'' or the ``FAST Redress Act of 2008''. SEC. 2. ESTABLISHMENT OF APPEAL AND REDRESS PROCESS FOR PASSENGERS WRONGLY DELAYED OR PROHIBITED FROM BOARDING A FLIGHT, OR DENIED A RIGHT, BENEFIT, OR PRIVILEGE. (a) In General.--Subtitle H of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 451 et seq.) is amended by adding at the end the following: ``SEC. 890. APPEAL AND REDRESS PROCESS FOR PASSENGERS WRONGLY DELAYED OR PROHIBITED FROM BOARDING A FLIGHT, OR DENIED A RIGHT, BENEFIT, OR PRIVILEGE. ``(a) Establishment.--Not later than 30 days after the date of the enactment of this section, the Secretary shall establish a fair and timely process for individuals who believe they were delayed or prohibited from boarding a commercial aircraft or denied a right, benefit, or privilege because they were wrongly identified as a threat when screened against any terrorist watchlist or database used by the Transportation Security Administration or any office or component of the Department. ``(b) Office of Appeals and Redress.-- ``(1) Establishment.-- ``(A) In general.--The Secretary shall establish in the Department an Office of Appeals and Redress (referred to in this section as the `Office') to implement, coordinate, and execute the process established by the Secretary pursuant to subsection (a). ``(B) Representation.--The Office shall include representatives from the Transportation Security Administration and such other offices and components of the Department as the Secretary determines appropriate. ``(2) Comprehensive cleared list.--The process established by the Secretary pursuant to subsection (a) shall include the establishment of a method by which the Office, under the direction of the Secretary, shall maintain and appropriately disseminate a comprehensive list, to be known as the `Comprehensive Cleared List', of individuals who-- ``(A) were misidentified as an individual on any terrorist watchlist or database; ``(B) completed an appeal and redress request approved by the Department and provided such additional information as required by the Department to verify the individuals' identities; and ``(C) permit the use of their personally identifiable information to be shared between multiple components of the Department for purposes of this section. ``(3) Use of comprehensive cleared list.-- ``(A) In general.--Except as provided in subparagraph (B), the Secretary shall-- ``(i) transmit the Comprehensive Cleared List and any other information the Secretary determines necessary to resolve misidentifications and improve the administration of the advanced passenger prescreening system and reduce the number of false positives-- ``(I) to the Transportation Security Administration or any other appropriate office or component of the Department; ``(II) other Federal, State, local, and tribal entities; and ``(III) domestic air carriers and foreign air carriers that use any terrorist watchlist or database; and ``(ii) ensure that the Comprehensive Cleared List is taken into account by all appropriate offices or components of the Department when assessing the security risk of an individual. ``(B) Termination.-- ``(i) In general.--The transmission of the Comprehensive Cleared List to domestic air carriers and foreign air carriers under subparagraph (A)(i)(III) shall terminate on the date on which the Federal Government assumes terrorist watchlist or database screening functions. ``(ii) Written notification to congress.-- Not later than 15 days after the date described in clause (i), the Secretary shall submit written notification of such termination to-- ``(I) the Committee on Commerce, Science, and Transportation of the Senate; ``(II) the Committee on Homeland Security and Governmental Affairs of the Senate; and ``(III) the Committee on Homeland Security of the House of Representatives. ``(4) Intergovernmental efforts.--The Secretary may-- ``(A) enter into memoranda of understanding with other Federal, State, local, and tribal agencies or entities, as necessary, to improve the appeal and redress process, to verify an individual's identity and personally identifiable information, and for other purposes; and ``(B) work with other Federal, State, local, and tribal agencies or entities that use any terrorist watchlist or database to ensure, to the greatest extent practicable, that the Comprehensive Cleared List is considered when assessing the security risk of an individual. ``(5) Handling of personally identifiable information.--The Secretary, in conjunction with the Chief Privacy Officer of the Department, shall-- ``(A) require that employees of the Department handling personally identifiable information of individuals complete mandatory privacy and security training before being authorized to handle personally identifiable information of individuals; ``(B) ensure that the information maintained under this subsection is secured by encryption, including one-way hashing, data anonymization techniques, or such other equivalent technical security protections to the extent the Secretary determines necessary; ``(C) limit the information collected from misidentified passengers or other individuals to the minimum amount necessary to resolve an appeal and redress request; ``(D) ensure that the information maintained under this subsection is shared or transferred via an encrypted data network that has been audited to ensure that the anti-hacking and other security related software functions perform properly and are updated as necessary; ``(E) ensure that any employee of the Department receiving the information maintained under this subsection handles such information in accordance with section 552a of title 5, United States Code, subchapter II of chapter 35 of title 44, United States Code, section 11331 of title 40, United States Code, and other applicable laws; ``(F) only retain the information maintained under this subsection for as long as needed to assist the individual traveler in the appeal and redress process; ``(G) engage in cooperative agreements with appropriate Federal agencies and entities, on a reimbursable basis, to ensure that legal name changes are properly reflected in any terrorist watchlist or database and the Comprehensive Cleared List to improve the appeal and redress process and to ensure the most accurate lists of identifications possible (except that section 552a of title 5, United States Code, shall not prohibit the sharing of legal name changes among Federal agencies and entities for the purposes of this section); and ``(H) conduct and publish a privacy impact assessment of the appeal and redress process established under this section and submit the assessment to-- ``(i) the Committee on Commerce, Science, and Transportation of the Senate; ``(ii) the Committee on Homeland Security and Governmental Affairs of the Senate; and ``(iii) the Committee on Homeland Security of the House of Representatives. ``(6) Initiation of appeal and redress process at airports.-- ``(A) In general.--The Office shall provide written information to air carrier passengers at each airport at which the Department has a presence on how to begin the appeal and redress process established pursuant to subsection (a). ``(B) Airports with significant department presence.--The Office shall ensure that a Transportation Security Administration supervisor who is trained in such appeal and redress process is available at each airport at which the Department has a significant presence to provide support to air carrier passengers in need of guidance concerning such process. ``(c) Terrorist Watchlist or Database Defined.--In this section, the term `terrorist watchlist or database' means any terrorist watchlist or database used by the Transportation Security Administration or any office or component of the Department or specified in Homeland Security Presidential Directive 6, in effect as of the date of the enactment of this section.''. (b) Incorporation of Secure Flight.--Section 44903(j)(2) of title 49, United States Code, is amended-- (1) in subparagraph (C)(iii)-- (A) by redesignating subclauses (II) through (VII) as subclauses (III) through (VIII), respectively; and (B) by inserting after subclause (I) the following: ``(II) ensure, not later than 30 days after the date of the enactment of the FAST Redress Act of 2008, that the procedure established under subclause (I) is incorporated into the appeals and redress process established under section 890 of the Homeland Security Act of 2002;''; (2) in subparagraph (E)(iii), by inserting ``, in accordance with the appeals and redress process established under section 890(a) of the Homeland Security Act of 2002'' before the period at the end; and (3) in subparagraph (G)-- (A) in clause (i), by adding at the end the following: ``The Assistant Secretary shall incorporate the process established pursuant to this clause into the appeals and redress process established under section 890(a) of the Homeland Security Act of 2002.''; and (B) in clause (ii), by adding at the end the following: ``The Assistant Secretary shall incorporate the record established and maintained pursuant to this clause into the Comprehensive Cleared List established and maintained under section 890(b)(2) of the Homeland Security Act of 2002.''. (c) Report to Congress.-- (1) In general.--Not later than 240 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Homeland Security of the House of Representatives a report on the status of information sharing among users at the Department of Homeland Security of any terrorist watchlist or database. (2) Contents.--The report required by paragraph (1) shall include the following information: (A) A description of the processes and the status of the implementation of section 890 of the Homeland Security Act of 2002, as added by subsection (a), to share the Comprehensive Cleared List required by section 890(b)(2) of such Act with other offices and components of the Department of Homeland Security and other Federal, State, local, and tribal authorities that utilize any terrorist watchlist or database. (B) A description of the extent to which such other offices and components of the Department of Homeland Security are taking into account the Comprehensive Cleared List. (C) Data on the number of individuals who have sought and successfully obtained redress through the Office of Appeals and Redress established under section 890(b)(1) of the Homeland Security Act of 2002, as added by subsection (a). (D) Data on the number of individuals who have sought and were denied redress through the Office of Appeals and Redress. (E) An assessment of what impact information sharing of the Comprehensive Cleared List has had on misidentifications of individuals who have successfully obtained redress through the Office of Appeals and Redress. (F) An updated privacy impact assessment. (3) Terrorist watchlist or database defined.--In this subsection, the term ``terrorist watchlist or database'' has the meaning given the term in section 890(c) of the Homeland Security Act of 2002, as added by subsection (a) of this section. (d) Conforming Amendment.--Title 49, United States Code, is amended by striking section 44926 (and the item relating to such section in the analysis for chapter 449 of title 49). (e) Clerical Amendment.--Section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101(b)) is amended by striking the item relating to section 890 and inserting the following: ``Sec. 890. Appeal and redress process for passengers wrongly delayed or prohibited from boarding a flight, or denied a right, benefit, or privilege.''. | Fair, Accurate, Secure and Timely Redress Act of 2008 or the FAST Redress Act of 2008 - Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to establish: (1) a timely and fair appeal and redress process for individuals delayed or prohibited from boarding a commercial aircraft because they were wrongly identified as a threat when screened against any terrorist watchlist or database used by the Transportation Security Administration (TSA) or any Department of Homeland Security (DHS) component; and (2) an Office of Appeals and Redress within DHS to implement the process. Requires the process to include the establishment of a method for maintaining and disseminating a Comprehensive Cleared List of individuals who: (1) were misidentified; (2) complete an appeal and redress request approved by DHS and provided required additional information; and (3) permit their personally identifiable information to be shared among multiple DHS components for purposes of this Act. Directs the Secretary to: (1) transmit the List and any other information necessary to resolve misidentifications, improve administration of the advanced passenger prescreening system, and reduce false positives to TSA, other governmental and tribal entities, and air carriers that use any terrorist watchlist or database; and (2) ensure that the List is considered by all DHS components assessing an individual's security risk. Terminates transmission of the List to air carriers when the government assumes terrorist watchlist screening functions. Directs the Secretary to require that DHS employees complete mandatory privacy and security training before being authorized to handle personally identifiable information. Requires the Office to ensure that a TSA supervisor trained in the appeal and redress process is available at each airport at which DHS has a significant presence. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Sri Lanka Tsunami Temporary Economic Relief Act of 2006''. SEC. 2. FINDINGS. The Congress finds the following: (1) On December 26, 2004, a devastating earthquake occurred in the Indian Ocean, causing a tsunami that wrecked havoc on the island nation of Sri Lanka. (2) More than 70 percent of the coastline in Sri Lanka was affected by the tidal wave, displacing more than 800,000 people, injuring more that 14,000, and killing more than 40,000 out of a population of just over 19,000,000 living in a land mass equivalent to the size of West Virginia. (3) Nearly 5,000 families have been displaced, with more than 90,000 homes destroyed and more than 20,000 homes partially damaged. (4) Sri Lanka lost 22 hospitals, 77 field medical centers, 68 medical clinics, and 137 schools. (5) The tourist industry, which had only begun to rebound after more than 20 years of civil war, suffered a loss of more than 4,000 hotel rooms that are no longer useable. (6) The main roads and railway system which circumvented the country along the flat coastline was devastated, cutting off access to the areas of destruction. (7) In addition to the immediate loss of lives and facilities, Sri Lanka is facing a crisis of restoring industries. (8) The fishing industry of Sri Lanka was devastated, as 80 percent of Sri Lanka's fishing boats were destroyed, causing a major loss of a nationwide source of nutrition, as well as employment for an estimated 170,000 fishermen. (9) Ten of the nation's 12 fishing harbors were destroyed, as well as most of the 50 plants used for building small boats. (10) The industry's nets and land storage and transportation facilities were destroyed, as well as the ice making facilities for the storage facilities. (11) The coastal estuary sites, where shrimp and small fish were farmed, and as farm lands located inland from the shore, have been silted up and destroyed. (12) More than 40 percent of the population depended on the fishing industry for its livelihood, and 11 percent of the population depended on agriculture. (13) Former Presidents George Bush and Bill Clinton estimate that it will require billions of dollars to rebuild the affected countries, and at least three to five years to do so. (14) Sri Lanka's most dynamic sectors had been food processing, textiles and apparel, food and beverages, telecommunications, and insurance and banking. Agriculture accounted for 20.1 percent of gross domestic product (GDP) in 2003, while industry, primarily garments and leather goods, food processing, chemicals, refined petroleum, wood products, basic metal products, and paper products, accounted for 26.3 percent of GDP. (15) The inland and leeward plants that were not affected by the tsunami need unrestricted market access to increase production, to offer employment to those who lost jobs and or have moved inland, and to maintain positive economic growth, stability, and democracy in the country. (16) The tsunami has forced the government and the rebel forces in Sri Lanka to work together on certain programs, which, through external support, can re-energize peace talks. (17) Before the tsunami occurred, Sri Lanka had implemented an economic reform program to open its economy to international competition that will lead to increased growth and international trade and further foreign investment. (18) The United States, through opening trade, has an opportunity to support Sri Lanka in its relief efforts, economic reform, peace process, and rebuilding process. SEC. 3. TRADE ENHANCEMENT. (a) Eligibility Requirements.--Sri Lanka shall be eligible for duty-free treatment under subsection (c)-- (1) if the President determines and certifies to Congress that Sri Lanka-- (A) has established, or is making continual progress toward establishing-- (i) a market-based economy that protects private property rights, incorporates an open rules-based trading system, and minimizes government interference in the economy through measures such as price controls, subsidies, and government ownership of economic assets; (ii) the rule of law, political pluralism, and the right to due process, a fair trial, and equal protection under the law; (iii) the elimination of barriers to United States trade and investment, including by-- (I) the provision of national treatment and measures to create an environment conducive to domestic and foreign investment; (II) the protection of intellectual property; and (III) the resolution of bilateral trade and investment disputes; (iv) economic policies to reduce poverty, increase the availability of health care and educational opportunities, expand physical infrastructure, promote the development of private enterprise, and encourage the formation of capital markets through micro-credit or other programs; (v) a system to combat corruption and bribery, such as signing and implementing the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions; and (vi) protection of internationally recognized worker rights, including the right of association, the right to organize and bargain collectively, a prohibition on the use of any form of forced or compulsory labor, a minimum age for the employment of children, and acceptable conditions of work with respect to minimum wages, hours of work, and occupational safety and health; (B) does not engage in activities that undermine United States national security or foreign policy interests; and (C) does not engage in gross violations of internationally recognized human rights or provide support for acts of international terrorism and cooperates in international efforts to eliminate human rights violations and terrorist activities; and (2) subject to the authority granted to the President under subsections (a), (d), and (e) of section 502 of the Trade Act of 1974 (19 U.S.C. 2462(a), (d), and (e)), if Sri Lanka otherwise meets the eligibility criteria set forth in section 502 of the Trade Act of 1974. (b) Continuing Compliance.--If the President determines that Sri Lanka is not making continual progress in meeting the requirements described in subsection (a)(1), the President shall terminate the eligibility of Sri Lanka for the preferential treatment under subsection (c). (c) Preferential Treatment.-- (1) In general.--Subject to subsections (a) and (b), duty- free treatment shall apply to any article that is the growth, product, or manufacture of Sri Lanka and that meets the requirements of paragraph (2). (2) Requirements.-- (A) In general.--The duty-free treatment provided under paragraph (1) shall apply to any article described in that paragraph if-- (i) that article is imported directly from Sri Lanka into the customs territory of the United States; and (ii) the direct costs of processing operations performed on the article in Sri Lanka is not less than 35 percent of the appraised value of the article at the time it enters the customs territory of the United States. (B) Textile and apparel articles.--The duty-free treatment provided under paragraph (1) applies to a textile and apparel article only if that article meets the requirements set forth in section 102.21 of title 19, Code of Federal Regulations, as in effect on November 1, 2005. (C) Determination of 35 percent requirement.--For purposes of determining the percentage referred to in subparagraph (A)(ii), if the cost or value of material produced in the customs territory of the United States (other than the Commonwealth of Puerto Rico) is included with respect to an article that is the growth, product, or manufacture of Sri Lanka, an amount not to exceed 15 percent of the appraised value of the article at the time it enters the customs territory of the United States that is attributable to such United States cost or value may be applied toward determining the percentage referred to in subparagraph (A)(ii). (3) Surge mechanism.-- (A) Import monitoring.--The Secretary of Commerce shall monitor imports of textile and apparel articles from Sri Lanka on a monthly basis to determine if there has been a surge in imports of such articles. In order to permit public access to preliminary international trade data and to facilitate the early identification of potentially disruptive import surges, the Director of the Office of Management and Budget may grant an exception to the publication dates established for the release of data on United States international trade in covered articles, if the Director notifies the Congress of the early release of the data. (B) Determination of damage or threat thereof.-- Whenever the Secretary of Commerce determines, based on the data described in subparagraph (A), or pursuant to a written request made by an interested party, that there has been a surge in imports of a textile or apparel article from Sri Lanka, the Secretary shall determine whether such article from such country is being imported in such increased quantities as to cause serious damage, or threat thereof, to the domestic industry producing a like or directly competitive article. If the Secretary's determination is affirmative, the President shall suspend the duty-free treatment provided for such article under paragraph (1). If the inquiry is initiated at the request of an interested party, the Secretary shall make the determination within 60 days after the date of the request. (C) Factors to consider.--In determining whether a domestic industry has been seriously damaged, or is threatened with serious damage, the Secretary shall examine the effect of the imports on relevant economic indicators such as domestic production, sales, market share, capacity utilization, inventories, employment, profits, exports, prices, and investment. (D) Procedure.-- (i) Initiation.--The Secretary of Commerce shall initiate an inquiry within 10 days after receiving a written request and supporting information for an inquiry from an interested party. Notice of initiation of an inquiry shall be published in the Federal Register. (ii) Participation by interested parties.-- The Secretary of Commerce shall establish procedures to ensure participation in the inquiry by interested parties. (iii) Notice of determination.--The Secretary of Commerce shall publish the determination described in subparagraph (B) in the Federal Register. (iv) Information available.--If relevant information is not available on the record or any party withholds information that has been requested by the Secretary of Commerce, the Secretary shall make the determination on the basis of the facts available. When the Secretary relies on information submitted in the inquiry as facts available, the Secretary shall, to the extent practicable, corroborate the information from independent sources that are reasonably available to the Secretary. (v) Interested party.--For purposes of this paragraph, the term ``interested party'' means any producer of a like or directly competitive article, a certified union or recognized union or group of workers which is representative of an industry engaged in the manufacture, production, or sale in the United States of a like or directly competitive article, a trade or business association representing producers or sellers of like or directly competitive articles, producers engaged in the production of essential inputs for like or directly competitive articles, a certified union or group of workers which is representative of an industry engaged in the manufacture, production, or sale of essential inputs for the like or directly competitive article, or a trade or business association representing companies engaged in the manufacture, production, or sale of such essential inputs. SEC. 4. EFFECTIVE PERIOD OF DUTY-FREE TREATMENT. The duty-free treatment under section 3 shall apply to any article that is entered, or withdrawn from warehouse for consumption, into the customs territory of the United States during the period beginning on the 15th day after the date of the enactment of this Act and ending on the earlier of-- (1) 5 years after that date; or (2) the date on which a free trade agreement between the United States and Sri Lanka enters into force with respect to the United States under the Bipartisan Trade Promotion Authority Act of 2002 (19 U.S.C. 3801 et seq.). | Sri Lanka Tsunami Temporary Economic Relief Act of 2006 - Declares Sri Lanka eligible for duty-free treatment for any article that is the growth, product, or manufacture of such country meeting specified requirements if the President certifies to Congress that Sri Lanka: (1) has established or is progressing toward specified political, economic, and social reforms; (2) does not engage in activities that undermine U.S. security or foreign policy; (3) does not engage in gross violations of human rights or activities in support of international terrorism; and (4) Sri Lanka otherwise meets the eligibility requirements set forth in the Trade Act of 1974. Applies such provisions until the earlier of five years or the date on which a free trade agreement between the United States and Sri Lanka enters into force with respect to the United States under the Bipartisan Trade Promotion Authority Act of 2002. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Mid-Atlantic Energy and Jobs Act of 2012''. SEC. 2. LEASE SALE 220 AND OTHER LEASE SALES IN THE MID-ATLANTIC PLANNING AREA. (a) Inclusion in Leasing Programs.--The Secretary of the Interior shall-- (1) upon enactment of this Act, revise the proposed Outer Continental Shelf oil and gas leasing program for the 2012-2017 period to include in such program Lease Sale 220 off the coast of Virginia; and (2) include the Outer Continental Shelf off the coast of Virginia in the leasing program for each 5-year period after the 2012-2017 period. (b) Conduct of Lease Sales.--As soon as practicable, but not later than 1 year after the date of enactment of this Act, the Secretary of the Interior shall carry out under section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337)-- (1) Lease Sale 220; and (2) lease sales for any other areas of the Outer Continental Shelf that are included in the Mid-Atlantic planning area as a result of the map revision required under section 5. SEC. 3. PROTECTION OF MILITARY OPERATIONS. (a) Prohibition.--No person may engage in any exploration, development, or production of oil or natural gas off the coast of Virginia that would conflict with any military operation, as determined in accordance with the Memorandum of Agreement between the Department of Defense and the Department of the Interior on Mutual Concerns on the Outer Continental Shelf signed July 20, 1983, and any revision or replacement for that agreement that is agreed to by the Secretary of Defense and the Secretary of the Interior after that date but before the date of issuance of the lease under which such exploration, development, or production is conducted. (b) Review and Updating of MOA.--The Secretary of the Interior and the Secretary of Defense shall periodically review and revise such memorandum of agreement to account for new offshore energy production technologies, including those that use wind energy. SEC. 4. REVENUE SHARING. (a) In General.--Notwithstanding section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338) and subject to the other provisions of this section, for each applicable fiscal year, the Secretary of the Treasury shall deposit-- (1) 50 percent of any qualified revenues in the general fund of the Treasury; and (2) 50 percent of any qualified revenues in a special account in the Treasury for use in accordance with subsection (b). (b) Disposition of Revenues to State.--Of the qualified revenues deposited under subsection (a)(2)-- (1) 75 percent shall be disbursed to the Mid-Atlantic State from the administrative planning area of which the qualified revenues were generated, based on the map referred to in section 5 (as revised under that section, except as provided in section 5(b)); and (2) 25 percent shall be used, at the discretion of the Governor of such State-- (A) for environmental cleanup and restoration purposes within that State; and (B) to enhance the ability of the public to access public lands within that State. (c) Definitions.--In this section-- (1) the term ``Mid-Atlantic State'' means each of the States of Delaware, North Carolina, Maryland, and Virginia; and (2) the term ``qualified revenues'' means bonus bids, rental payments, and royalties received by the United States for leases of areas of the Outer Continental Shelf off the coast of a Mid-Atlantic State for exploration, development, and production of oil and gas or wind power. SEC. 5. OCS ADMINISTRATIVE PLANNING AREAS MID-ATLANTIC STATES. (a) Revision of Map.--Subject to subsection (b), the Secretary of the Interior, acting through the Bureau of Ocean Energy Management, shall revise the map entitled ``Atlantic NAD 83 Federal Outer Continental Shelf (OCS) Administrative Boundaries'' and dated January 2010, to make the best effort to ensure that the northern and southern boundaries of the Outer Continental Shelf administrative planning area of each Mid-Atlantic State extends from the coastal shoreline at the northern and southern borders, respectively, of such State to the outer boundary of the Exclusive Economic Zone. (b) Limitation.--Nothing in this section affects any administrative planning area for purposes of Lease Sale 220. (c) Definition of Mid-Atlantic State.--In this section, the term ``Mid-Atlantic State'' means each of the States of Delaware, North Carolina, Maryland, and Virginia. SEC. 6. OFFSHORE METEOROLOGICAL SITE TESTING AND MONITORING PROJECTS. (a) Offshore Meteorological Project Permitting.-- (1) In general.--The Secretary of the Interior shall by regulation require that any applicant seeking to conduct an offshore meteorological site testing and monitoring project on the outer Continental Shelf (as that term is defined in the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.)) must obtain a permit and right of way for the project in accordance with this subsection. (2) Permit and right-of-way timeline and conditions.-- (A) Deadline for approval.--The Secretary shall decide whether to issue a permit and right of way for an offshore meteorological site testing and monitoring project within 30 days after receiving an application. (B) Public comment and consultation.--During the period referred to in subparagraph (A), the Secretary shall-- (i) provide an opportunity for submission of comments by the public; and (ii) consult with the Secretary of Defense, the Commandant of the Coast Guard, and the heads of other Federal, State, and local agencies that would be affected by issuance of the permit and right of way. (C) Denial of permit; opportunity to remedy deficiencies.--If the application is denied, the Secretary shall provide the applicant-- (i) in writing, clear and comprehensive reasons why the application was not approved and detailed information concerning any deficiencies in the application; and (ii) an opportunity to remedy such deficiencies. (b) NEPA Exclusion.--Section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) shall not apply with respect to an offshore meteorological site testing and monitoring project. (c) Protection of Information.--The information provided to the Secretary of the Interior pursuant to subsection (d)(3) shall be treated by the Secretary as proprietary information and protected against disclosure. (d) Definition of an Offshore Meteorological Site Testing and Monitoring Project.--In this section, the term ``offshore meteorological site testing and monitoring project'' means a project carried out on or in the waters of the Outer Continental Shelf administered by the Department of the Interior to test or monitor weather (including wind, tidal, current, and solar energy) using towers, buoys, or other temporary ocean infrastructure, that-- (1) causes-- (A) less than 1 acre of surface or seafloor disruption at the location of each meteorological tower or other device; and (B) not more than 5 acres of surface or seafloor disruption within the proposed area affected by for the project (including hazards to navigation); (2) is decommissioned not more than 5 years after the date of commencement of the project, including-- (A) removal of towers, buoys, or other temporary ocean infrastructure from the project site; and (B) restoration of the project site to approximately the original condition of the site; and (3) provides meteorological information obtained by the project to the Secretary of the Interior. | Mid-Atlantic Energy and Jobs Act of 2012 - Directs the Secretary of the Interior (Secretary) to include: (1) Lease Sale 220 off the coast of Virginia in the proposed Outer Continental Shelf (OCS) oil and gas leasing program for the 2012-2017 period, and (2) the OCS off the coast of Virginia in the leasing program for each 5-year period after the 2012-2017 period. Directs the Secretary to implement within one year after enactment of this Act: (1) Lease Sale 220; and (2) lease sales for any other OCS areas in the Mid-Atlantic planning area as a result of the map revision specified in this Act. Prohibits oil or natural gas exploration, development, or production off the coast of Virginia that would conflict with any military operation. Prescribes revenue sharing procedures that require the Secretary of the Treasury to deposit 50% of qualified revenues in: (1) the general fund of the Treasury, and (2) 50% of qualified revenues in a special Treasury account. Requires disbursement of: (1) 75% of such qualified revenues to the Mid-Atlantic state from the administrative planning area that generated the qualified revenues; and (2) 25% at the discretion of the governor of such state for environmental cleanup, restoration, and enhanced public access to public lands. Instructs the Secretary, acting through the Bureau of Ocean Energy Management, to revise a specified map to make the best effort to ensure that the northern and southern boundaries of the OCS administrative planning area of each Mid-Atlantic state extends from the coastal shoreline at the northern and southern borders, respectively, of the state to the outer boundary of the Exclusive Economic Zone. Directs the Secretary to: (1) require that any applicant seeking to conduct an offshore meteorological site testing and monitoring project on the OCS obtain a permit and right-of-way; (2) determine whether to issue such a permit and right-of-way within 30 days after receiving an application; (3) provide an opportunity for submission of comments by the public; (4) consult with the Secretary of Defense (DOD), the Commandant of the Coast Guard, and the heads of other federal, state, and local agencies affected by issuance of the permit; and (5) provide an applicant the opportunity to remedy deficiencies in a permit application that was denied. Exempts projects determined by the Secretary to be an offshore meteorological site testing and monitoring project from environmental impact statement requirements under the National Environmental Policy Act of 1969 (NEPA). Defines an "offshore meteorological site testing and monitoring project" as a project administered by the Department of the Interior and carried out on or in the waters of the OCS to test or monitor weather (including wind, tidal, current, and solar energy) using towers, buoys, or other temporary ocean infrastructure and that: (1) causes less than one acre of surface or seafloor disruption at the location of each meteorological tower or other device and no more than five acres of surface or seafloor disruption within the proposed area affected by for the project (including hazards to navigation); (2) is decommissioned within five years of its commencement; and (3) provides meteorological information to the Secretary. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Hudson-Fulton-Champlain 400th Commemoration Commission Act of 2002''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) The first European exploration of the Hudson River and Lake Champlain and the introduction of steam navigation to maritime commerce were events of major historical importance, both in the United States and internationally. (2) In 1609, Englishman Henry Hudson, acting in service of the Dutch East India Company, was the first European to sail up the river later named for him in the vessel HALF MOON, and French explorer Samuel de Champlain was the first European to see the lake later named for him. (3) These voyages were 2 of the most significant passages in the European exploration and discovery of America, and began 2 of the earliest contacts in the New World between Native Americans and Europeans. (4) These explorations led to the establishment of Fort Orange, Dutch and later English settlement of what is now the capital city of the State of New York, and settlement of French Quebec settlements as far south as Lake George. From these early settlements came an influence on our history, culture, law, commerce, and traditions of liberty which extends to the present day, and which is constantly reflected in the position of the United States as the leader of the nations of the free world. (5) In 1807, Robert Fulton navigated the Hudson River from the city of New York to Albany in the steamboat CLERMONT, successfully inaugurating steam navigation on a commercial basis. This event is one of the most important events in the history of navigation. It revolutionized waterborne commerce on the great rivers of the United States, transformed naval warfare, and fostered international relations through transoceanic travel and trade. (6) The National Park Service owns and operates significant resources in New York related to the early history of the nation and the Hudson River Valley. (7) In 2002 the State of New York enacted legislation establishing a State Hudson-Fulton-Champlain Commission. (b) Purpose.--The purpose of this Act is to establish the Hudson- Fulton-Champlain 400th Commemoration Commission to-- (1) ensure a suitable national observance of the Henry Hudson, Robert Fulton, and Samuel de Champlain 2009 anniversaries through cooperation with and assistance to the programs and activities of New York, New Jersey, and Vermont; (2) assist in ensuring that Hudson-Fulton-Champlain 2009 observances provide an excellent visitor experience and beneficial interaction between visitors and the natural and cultural resources of the New York, New Jersey, and Vermont sites; (3) assist in ensuring that Hudson-Fulton-Champlain 2009 observances are inclusive and appropriately recognize the diverse Hudson River and Lake Champlain communities that developed over 4 centuries; (4) facilitate international involvement in the Hudson- Fulton-Champlain 2009 observances; (5) support and facilitate marketing efforts for a commemorative coin, a commemorative stamp, and related activities for the Hudson-Fulton-Champlain 2009 observances; and (6) assist in the appropriate development of heritage tourism and economic benefits to the United States. SEC. 3. DEFINITIONS. In this Act: (1) Commemoration.--The term ``commemoration'' means the commemoration of-- (A) the 200th anniversary of Robert Fulton's voyage in the CLERMONT; (B) the 400th anniversary of Henry Hudson's voyage in the HALF MOON; and (C) the 400th anniversary of Samuel de Champlain's voyage. (2) Commission.--The term ``Commission'' means the Hudson- Fulton-Champlain 400th Commemoration Commission established by section 4(a). (3) Governors.--The term ``Governors'' means the Governors of the States of New York, New Jersey, and Vermont. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) States.--The term ``States''-- (A) means the States of New York, New Jersey, and Vermont; and (B) includes agencies and entities of each such State. SEC. 4. HUDSON-FULTON-CHAMPLAIN 400TH COMMEMORATION COMMISSION. (a) In General.--There is established a commission to be known as the ``Hudson-Fulton-Champlain 400th Commemoration Commission''. (b) Membership.-- (1) In general.--The Commission shall be composed of 31 members, of whom-- (A) 3 members shall be appointed by the Secretary, after consideration of the recommendations of the Governors; (B) 14 members shall be appointed by the Secretary, after consideration of the recommendations from the Members of the House of Representatives whose districts encompass the Hudson River Valley and Champlain Valley; (C) 6 members shall be appointed by the Secretary, after consideration of the recommendations from the Members of the Senate from New York, New Jersey, and Vermont; (D) 2 members shall be employees of the National Park Service, of whom-- (i) one shall be the Director of the National Park Service (or a designee); and (ii) one shall be an employee of the National Park Service having experience relevant to the commemoration, who shall be appointed by the Secretary; (E) one member shall be appointed by the Secretary, and shall be an individual knowledgeable of the Hudson River Valley National Heritage Area; and (F) 5 members shall be appointed by the Secretary, and shall be individuals that have an interest in, support for, and expertise appropriate to, the commemoration. (2) Term; vacancies.-- (A) Term.--Each member of the Commission shall be appointed for the life of the Commission. (B) Vacancies.-- (i) In general.--A vacancy on the Commission shall be filled in the same manner in which the original appointment was made. (ii) Partial term.--A member appointed to fill a vacancy on the Commission shall serve for the remainder of the term for which the predecessor of the member was appointed. (3) Meetings.-- (A) In general.--The Commission shall meet-- (i) at least twice each year; or (ii) at the call of the Chairperson or the majority of the members of the Commission. (B) Initial meeting.--Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold the initial meeting of the Commission. (4) Voting.-- (A) In general.--The Commission shall act only on an affirmative vote of a majority of the members of the Commission. (B) Quorum.--A majority of the Commission shall constitute a quorum. (5) Chairperson and vice chairperson.--(A) The Commission shall elect the chairperson and the vice chairperson of the Commission on an annual basis. (B) The vice chairperson shall serve as the chairperson in the absence of the chairperson. (c) Duties.-- (1) In general.--The Commission shall-- (A) plan, develop, and execute programs and activities appropriate to commemorate the 400th anniversary of the voyage of Henry Hudson, the first European to sail up the Hudson River, the 200th anniversary of the voyage of Robert Fulton, the first person to use steam navigation on a commercial basis, the 400th anniversary of the voyage of Samuel de Champlain, the first European to discover and explore Lake Champlain; (B) facilitate Hudson-Fulton-Champlain-related activities throughout the United States; (C) coordinate its activities with State commemoration commissions and appropriate Federal Government agencies, including the Departments of Agriculture, Defense, State, and Transportation, the National Park Service with respect to the Hudson River Valley National Heritage Area, and the American Heritage Rivers Initiative Interagency Committee established by Executive Order 13061, dated September 11, 1997; (D) encourage civic, patriotic, historical, educational, religious, economic, and other organizations throughout the United States to organize and participate in anniversary activities to expand the understanding and appreciation of the significance of the voyages of Henry Hudson, Robert Fulton, and Samuel de Champlain; (E) provide technical assistance to States, localities, and nonprofit organizations to further the commemoration; (F) coordinate and facilitate for the public scholarly research on, publication about, and interpretation of, the voyages of Henry Hudson, Robert Fulton, and Samuel de Champlain; and (G) ensure that the Hudson-Fulton-Champlain 2009 anniversaries provide a lasting legacy and long-term public benefit by assisting in the development of appropriate programs and facilities. (2) Plans; reports.-- (A) Strategic plan; annual performance plans.--The Commission shall prepare a strategic plan in accordance with section 306 of title 5, United States Code, and annual performance plans in accordance with section 1115 of title 31, United States Code, for the activities of the Commission carried out under this Act. (B) Final report.--Not later than September 30, 2010, the Commission shall submit to the Secretary a final report that contains-- (i) a summary of the activities of the Commission; (ii) a final accounting of funds received and expended by the Commission; and (iii) the findings and recommendations of the Commission. (d) Powers of the Commission.--The Commission may-- (1) disperse funds, and accept donations of personal services and real and personal property related to Hudson- Fulton-Champlain 2009 and of the significance of Hudson, Fulton, and Champlain in the history of the United States; (2) appoint such advisory committees as the Commission determines to be necessary to carry out this Act; (3) authorize any member or employee of the Commission to take any action that the Commission is authorized to take by this Act; (4) procure supplies, services, and property, and make or enter into contracts, leases, or other legal agreements, to carry out this Act (except that any contracts, leases, or other legal agreements made or entered into by the Commission shall not extend beyond the date of termination of the Commission); (5) use the United States mails in the same manner and under the same conditions as other Federal agencies; (6) subject to approval by the Commission, make grants in amounts not to exceed $20,000 to communities and nonprofit organizations to develop programs to assist in the commemoration; and (7) make grants to research and scholarly organizations to research, publish, or distribute information relating to the early history of the voyages of Hudson, Fulton, and Champlain. (e) Commission Personnel Matters.-- (1) Compensation of members of the commission.-- (A) In general.--Except as provided in subparagraph (B), a member of the Commission shall serve without compensation. (B) Federal employees.--A member of the Commission who is an officer or employee of the Federal Government shall serve without compensation in addition to the compensation received for the services of the member as an officer or employee of the Federal Government. (C) Travel expenses.--A member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Commission. (2) Staff.-- (A) In general.--The Chairperson of the Commission may, without regard to the civil service laws (including regulations), appoint and terminate an executive director and such other additional personnel as are necessary to enable the Commission to perform the duties of the Commission. (B) Confirmation of executive director.--The employment of an executive director shall be subject to confirmation by the Commission. (3) Compensation.-- (A) In general.--Except as provided in subparagraph (B), the Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates. (B) Maximum rate of pay.--The rate of pay for the executive director and other personnel shall not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. (4) Detail of government employees.-- (A) Federal employees.-- (i) In general.--At the request of the Commission, the head of any Federal agency may detail, on a reimbursable or nonreimbursable basis, any of the personnel of the agency to the Commission to assist the Commission in carrying out the duties of the Commission under this Act. (ii) Civil service status.--The detail of an employee under clause (i) shall be without interruption or loss of civil service status or privilege. (B) State employees.--The Commission may-- (i) accept the services of personnel detailed from States (including subdivisions of States); and (ii) reimburse States for services of detailed personnel. (5) Volunteer and uncompensated services.--Notwithstanding section 1342 of title 31, United States Code, the Commission may accept and use voluntary and uncompensated services as the Commission determines necessary. (6) Support services.--The Director of the National Park Service shall provide to the Commission, on a reimbursable basis, such administrative support services as the Commission may request. (f) Procurement of Temporary and Intermittent Services.--The Chairperson of the Commission may procure temporary and intermittent services in accordance with section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title. (g) FACA Nonapplicability.--Section 14(b) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. (h) No Effect on Authority.--Nothing in this section supersedes the authority of the States or the National Park Service concerning the commemoration. (i) Termination.--The Commission shall terminate on December 31, 2010. | Hudson-Fulton-Champlain 400th Commemoration Commission Act of 2002 - Establishes the Hudson-Fulton-Champlain 400th Commemoration Commission to plan, develop, and execute programs and activities appropriate to commemorate the 400th anniversary of the voyage of Henry Hudson (the first European to sail up the Hudson River in the vessel Half Moon), the 200th anniversary of the voyage of Robert Fulton (navigated the Hudson River in the steamboat Clermont, becoming the first person to use steam navigation on a commercial basis), and the 400th anniversary of the voyage of Samuel de Champlain (the first European to discover and explore Lake Champlain). |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Shoreline Erosion Control Demonstration Act of 1993''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that it is essential to develop, demonstrate, and disseminate innovative technologies to prevent and control shoreline erosion because of-- (1) the importance and increasing interest in the coastal and estuarine zone of the United States; (2) the deterioration of the shoreline within the zone resulting from erosion; (3) the harm to water quality and marine life from shoreline erosion; (4) the loss of recreational potential resulting from shoreline erosion; (5) the financial loss to private and public landowners resulting from shoreline erosion; (6) the inability of private and public landowners to obtain satisfactory financial and technical assistance to combat shoreline erosion; and (7) the loss of structures or landmarks of historic significance. (b) Purpose.--It is the purpose of this section to establish a program to develop, demonstrate, and disseminate information about innovative technologies to combat shoreline erosion. SEC. 3. NATIONAL SHORELINE EROSION CONTROL DEVELOPMENT AND DEMONSTRATION PROGRAM. The Act of August 13, 1946 (60 Stat. 1056, chapter 960; 33 U.S.C. 426e et seq.), is amended by adding at the end the following new section: ``SEC. 5. NATIONAL SHORELINE EROSION CONTROL DEVELOPMENT AND DEMONSTRATION PROGRAM. ``(a) Definitions.--As used in this section: ``(1) Sheltered waters.--The term `sheltered waters' means tidal waters that are not exposed to the unmitigated forces of open ocean waves and currents. ``(2) Cost effective shore protection.--The term `cost effective shore protection' means the most efficient design that can solve the erosion problem at a given site, taking into account the life cycle cost of the project, including cleanup, maintenance, and amortization. ``(b) Establishment of National Shoreline Erosion Control Development and Demonstration Program.--The Secretary of the Army (referred to in this section as the `Secretary'), acting through the Chief of Engineers, shall establish and conduct a national shoreline erosion control development and demonstration program (referred to in this section as the `program') for a period of 8 years beginning on the date that funds are made available to carry out this section. ``(c) Requirements.-- ``(1) In general.--The program shall include provisions for-- ``(A) planning, designing, and constructing prototype engineered and vegetative shoreline erosion control devices and projects during the first 5 years of the program; ``(B) adequate monitoring of prototypes throughout the duration of the program; ``(C) detailed engineering and environmental reports on the results of each project in the program; and ``(D) technology transfers to private property owners and State and local entities. ``(2) Emphasis.--Demonstration projects established pursuant to this section shall emphasize, to the extent practicable-- ``(A) the development and demonstration of innovative technologies; ``(B) cost effective shore protection; ``(C) natural designs, including the use of vegetation or temporary structures that minimize permanent structural alterations; ``(D) the avoidance of negative impacts to adjacent shorefront communities; ``(E) in areas with substantial residential or commercial interests adjacent to the shoreline, designs that do not impair their aesthetic appeal; ``(F) the potential for long-term protection afforded by the technology; and ``(G) lessons from evaluations of the original 1974 program, including-- ``(i) adequate consideration of the subgrade; ``(ii) proper filtration; ``(iii) durable components; ``(iv) adequate connection between units; and ``(v) additional relevant information. ``(3) Sites.-- ``(A) In general.--Shoreline erosion control demonstration projects shall be undertaken at publicly or privately owned sites on open coast or sheltered waters. ``(B) Selection.--The Secretary shall develop site selection criteria, including-- ``(i) a variety of geographical and climatic conditions; ``(ii) the size of the population that is dependent on the beaches for recreation, protection of homes, or commercial interests; ``(iii) the rate of erosion; ``(iv) significant natural resources or habitats and environmentally sensitive areas; and ``(v) significant threatened historic structures or landmarks. ``(C) Areas.--Projects shall be undertaken at no less than 2 sites on each of the shores of-- ``(i) the Atlantic, Gulf, and Pacific coasts; ``(ii) the Great Lakes; and ``(iii) the State of Alaska. ``(d) Cooperation.-- ``(1) Parties.--The program shall be carried out in cooperation with-- ``(A) the Secretary of Agriculture, particularly with respect to vegetative means of preventing and controlling shoreline erosion; ``(B) Federal, State, and local agencies; ``(C) private organizations; ``(D) the Coastal Engineering Research Center established by the first section of Public Law 88-172 (33 U.S.C. 426-1); and ``(E) university research facilities. ``(2) Agreements.--Such cooperation may include entering into agreements with other Federal, State, or local agencies or private organizations, to undertake functions in subsection (c)(1) where appropriate. ``(e) Reports.-- ``(1) In general.--The Secretary, acting through the Chief of Engineers, shall annually prepare and submit a program progress report to the Committee on Environment and Public Works of the Senate and the Committee on Public Works and Transportation of the House of Representatives. ``(2) General report.--The final report shall be submitted not later than 60 days after the conclusion of the program, and shall include a comprehensive evaluation of the national shoreline erosion control development and demonstration program, and recommendations regarding its continuation. ``(f) Funding.-- ``(1) In general.--Subject to paragraphs (2) and (3), the Federal share of the cost of a project under this section shall be determined in accordance with section 3. ``(2) Responsibility.--The cost of and responsibility for operation and maintenance of a project, not including monitoring, under the program shall be borne by non-Federal sponsors upon completion of construction of the project. ``(3) Cost share adjustment.--The cost share requirements for projects on public lands that provide for full public access may be adjusted by the Secretary for projects in sponsoring communities that are experiencing financial hardship, as defined by the Secretary, at the time the project is selected.''. SEC. 4. CONFORMING AMENDMENT. Section 1(e) of the Act of August 13, 1946 (60 Stat. 1056, chapter 960; 33 U.S.C. 426e(e)), is amended by striking ``section 3'' and inserting ``sections 3 and 5''. | Shoreline Erosion Control Demonstration Act of 1993 - Directs the Secretary of the Army, acting through the Chief of Engineers, to establish and conduct a national shoreline erosion control development and demonstration program for eight years after funds are made available for such program. Outlines provisions concerning program requirements, including the development of innovative and cost effective technologies for shoreline protection. Allows such program projects to be undertaken at publicly or privately owned sites on open coast or sheltered waters. Provides selection criteria and requires an annual and final report to specified congressional committees. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Shoulder-Fired Missile Threat Reduction Act of 2006''. SEC. 2. DEFINITIONS. In this Act: (1) MANPADS.--The term ``MANPADS'' means-- (A) a surface-to-air missile system designed to be man-portable and carried and fired by a single individual; or (B) any other surface-to-air missile system designed to be operated and fired by more than one individual acting as a crew and portable by several individuals. (2) Conventional weapons.--The term ``conventional weapons'' means rocket propelled grenades, landmines, abandoned stocks of munitions, and other weapons the Secretary of State determines the proliferation of which undermines international peace and stability. SEC. 3. FINDINGS. Congress finds the following: (1) The global proliferation of man-portable air defense systems (MANPADS) and other conventional weapons poses a direct threat to the national security of the United States. (2) The use of MANPADS and other conventional weapons by terrorists and insurgent groups continues to hamper United States efforts to achieve peace and security in Iraq and Afghanistan. (3) More than two-dozen terrorist groups, including al- Qaeda, are believed to possess MANPADS. (4) On November 28, 2002, in Mombasa, Kenya, two shoulder- fired missiles were fired at a departing civilian airliner in an unsuccessful attack claimed by al-Qaeda. (5) A successful terrorist attack with a shoulder-fired missile against a civilian airliner would have devastating human and incalculable economic costs. (6) The Government Accountability Office has estimated that there are between 500,000 and 750,000 MANPADS in countries around the world, with a few thousand outside government controls and thousands more under government controls but vulnerable to theft and possible transfer to terrorist groups due to inadequate security. (7) Many countries that possess stocks of MANPADS and other conventional weapons no longer require such weapons for their own security or self-defense, but do not possess the means to eliminate or safeguard such weapons systems. SEC. 4. SENSE OF CONGRESS. It is the sense of Congress that-- (1) where appropriate, the United States Government should provide assistance to countries seeking to secure, remove, or eliminate stocks of MANPADS and other conventional weapons that pose a proliferation threat; (2) where appropriate, the Secretary of State should direct United States Ambassadors to such countries to negotiate with appropriate officials of their host countries to offer assistance to secure, remove, and eliminate stocks of MANPADS and other conventional weapons that pose a proliferation threat; and (3) in light of the clear links between global networks of terrorism and global networks of the illegal trade in conventional weapons, the United States Government should place consistent, broad, and continued emphasis on combating the proliferation of MANPADS and other conventional weapons within the broader nonproliferation strategy of the United States. SEC. 5. STATEMENT OF POLICY. It is the policy of the United States to assist the governments of other countries to secure, remove, or eliminate stocks of MANPADS and other conventional weapons that pose a proliferation threat, local or regional security threat, or humanitarian threat. SEC. 6. GLOBAL PROGRAM FOR THE SAFEGUARDING AND ELIMINATION OF MANPADS AND CONVENTIONAL WEAPONS. (a) In General.--The Secretary of State is authorized to carry out an accelerated global program to secure, remove, or eliminate stocks of MANPADS and other conventional weapons, as well as related equipment and facilities, that are determined by the Secretary to pose a proliferation threat, local or regional security threat, or humanitarian threat. (b) Program Elements.--The program authorized under subsection (a) may include the following activities: (1) Programs to assist countries to secure, remove, and eliminate MANPADS and other conventional weapons, including programs related to the safe handling and proper storage of such MANPADS and other conventional weapons. (2) Cooperative programs with the North Atlantic Treaty Organization, Organization for Security and Cooperation in Europe, and other international organizations to assist countries in the secure handling and proper storage, removal, or elimination of MANPADS and other conventional weapons. (3) Programs for the management, including inventory and accounting procedures, of MANPADS and other conventional weapons at locations where United States funds have been used to provide for the security of such weapons. (4) Actions to ensure that equipment and funds, including security upgrades at locations for the storage, removal, or elimination of MANPADS and other conventional weapons and related equipment that are determined by the Secretary of State to pose a proliferation threat, local or regional security threat, or humanitarian threat, continue to be used for authorized purposes. SEC. 7. IMPOSITION OF SANCTIONS TO DETER THE TRANSFER OF MANPADS. (a) Statement of Policy.--Congress declares that it should be the policy of the United States to hold foreign governments accountable for knowingly transferring MANPADS to state-sponsors of terrorism or terrorist organizations. (b) Determination Relating to Sanctions.-- (1) In general.--If the President determines that a foreign government knowingly transfers MANPADS to a foreign government described in paragraph (2) or a terrorist organization, the President shall-- (A) submit forthwith to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate a report containing such determination; and (B) impose forthwith on the transferring foreign government the sanctions described in subsection (c). (2) Foreign government described.--A foreign government described in this paragraph is a foreign government that the Secretary of State has determined, for purposes of section 6(j) of the Export Administration Act of 1979, section 620A of the Foreign Assistance Act of 1961, section 40 of the Arms Export Control Act, or any other provision of law, is a government that has repeatedly provided support for acts of international terrorism. (c) Sanctions Described.--The sanctions referred to in subsection (b)(1)(B) are the following: (1) Termination of United States Government assistance to the transferring foreign government under the Foreign Assistance Act of 1961, except that such termination shall not apply in the case of humanitarian assistance. (2) Termination of United States Government-- (A) sales to the transferring foreign government of any defense articles, defense services, or design and construction services; and (B) licenses for the export to the transferring foreign government of any item on the United States Munitions List. (3) Termination of all foreign military financing for the transferring foreign government. (d) Waiver.--Notwithstanding any other provision of law, sanctions shall not be imposed on a transferring foreign government under this section if the President determines and certifies in writing to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate that the furnishing of the assistance, sales, licensing, or financing that would otherwise be suspended as a result of the imposition of such sanctions is important to the national security interests of the United States. (e) Definitions.--In this section: (1) Defense article.--The term ``defense article'' has the meaning given the term in section 47(3) of the Arms Export Control Act. (2) Defense service.--The term ``defense service'' has the meaning given the term in section 47(4) of the Arms Export Control Act. (3) Design and construction services.--The term ``design and construction services'' has the meaning given the term in section 47(8) of the Arms Export Control Act. (4) Foreign government.--The term ``foreign government'' includes any agency or instrumentality of a foreign government. SEC. 8. MULTILATERAL EFFORTS TO LIMIT THE AVAILABILITY AND TRANSFER OF MANPADS. (a) Findings.--Congress finds the following: (1) The United States Government has begun to pursue commitments from countries in multilateral forums to limit the availability, transfer, and proliferation of MANPADS worldwide. (2) However, multilateral forums lack mechanisms for assessing member countries' compliance with such diplomatic commitments. (b) Sense of Congress.--It is the sense of Congress that the United States Government should continue to pursue strengthened international diplomatic efforts in the appropriate fora to limit the availability, transfer, and proliferation of MANPADS worldwide and to exert appropriate diplomatic pressure to influence member country compliance with such efforts. SEC. 9. REPORT ON MANPADS AND CONVENTIONAL WEAPONS THREAT REDUCTION. (a) In General.--Not later than 180 days after the date of the enactment of this Act and as circumstances warrant thereafter, the Secretary of State, in consultation with other appropriate government agencies, shall submit to the Committee on International Relations and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate a report on MANPADS and other conventional weapons threat reduction. (b) Contents.--The report required under subsection (a) shall include the following information for the period preceding each such report: (1) A description of efforts undertaken by the Secretary of State regarding MANPADS and other conventional weapons threat reduction. (2) A description, on a country-by-country basis, of the implementation of a global strategy for the storage, removal, and elimination of MANPADS and other conventional weapons, including, to the extent possible, a prioritization of such storage, removal, and elimination efforts with respect to the proliferation sensitivity of such weapons in each country and the potential impact of such efforts on local and regional security. (3) A description of multilateral efforts pursued by the United States Government to limit the availability, transfer, and proliferation of MANPADS worldwide, and a strategy to establish mechanisms to monitor and report on-- (A) countries' implementation of their commitments to limit such availability, transfer, and proliferation; and (B) the impact such implementation of commitments has on the flow of MANPADS to black and gray markets. (4) A description and evaluation of the access of terrorists, non-state actors, and state sponsors of terrorism to MANPADS, their methods to acquire MANPADS, and a strategy for disrupting future access to MANPADS. (5) An evaluation of the extent to which activities authorized by this Act and other United States Government programs are integrated to ensure that the conventional weapons threat reduction efforts of the United States Government are consistent with United States policy and goals in countries receiving assistance through such activities. (c) Form.--The report required under subsection (a) shall be in unclassified form, but shall contain a classified annex, as appropriate. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--In addition to amounts that are otherwise authorized to be appropriated to the Nonproliferation, Anti-Terrorism, Demining, and Related Programs account of the Department of State, there is authorized to be appropriated $15,000,000 for fiscal year 2007 and $20,000,000 for fiscal year 2008 for activities related to the securing, removal, or elimination of stocks of MANPADS and other conventional weapons and related equipment and facilities. (b) Additional Authorities.--Amounts appropriated pursuant to subsection (a)-- (1) are authorized to be made available notwithstanding any other provision of law; and (2) are authorized to remain available until expended. | Shoulder-Fired Missile Threat Reduction Act of 2006 - Defines "MANPADS" as: (1) a surface-to-air missile system designed to be man-portable and carried and fired by a single individual; or (2) any other surface-to-air missile system designed to be operated and fired by more than one individual acting as a crew and portable by several individuals. States that it is U.S. policy to assist foreign governments to secure, remove, or eliminate stocks of MANPADS and other conventional weapons that pose a proliferation, security, or humanitarian threat. Authorizes the Secretary of State to carry out an accelerated global program to secure, remove, or eliminate stocks of MANPADS and other conventional weapons that pose a proliferation, security, or humanitarian threat. States that it should be U.S. policy to hold foreign governments accountable for knowingly transferring MANPADS to state-sponsors of terrorism or terrorist organizations. Directs the President, upon a determination that a foreign government which has repeatedly supported acts of international terrorism knowingly transfers MANPADS to a foreign government or a terrorist organization, to: (1) report such information to the appropriate congressional committees; and (2) impose specified foreign assistance and military assistance sanctions on the transferring government. Exempts humanitarian assistance from such prohibition. Authorizes a national security waiver. Expresses the sense of Congress that the U.S. government should pursue strengthened international diplomatic efforts to: (1) limit the availability and proliferation of MANPADS; and (2) exert diplomatic pressure to influence member country compliance with such efforts. Directs the Secretary to report to the appropriate congressional committees respecting MANPADS and conventional weapons threat reduction. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``No Obamacare Kickbacks Act of 2013''. SEC. 2. FINDINGS. The Congress finds the following: (1) Section 6402(f) of the Patient Protection and Affordable Care Act (Public Law 111-148) applies the civil penalties and damages for violations of the False Claims Act to kickbacks and other acts involving Federal health care programs that are subject to criminal penalties under section 1128B of the Social Security Act (42 U.S.C. 1320a-7b). (2) In guidance issued on November 4, 2013, by the Center for Consumer Information & Insurance Oversight (CCIIO) of the Centers for Medicare & Medicaid Services, the CCIIO stated that the ``Department of Health and Human Services (HHS) has broad authority to regulate the Federal and State Marketplaces (e.g. section 1321(a) of the Affordable Care Act)''. The November 4th statement from the CCIIO suggests that qualified health plans and other health care plans and programs established under title I of the Patient Protection and Affordable Care Act are similar to other Federal health care programs, such as the Medicare Advantage program, over which the Secretary of Health and Human Services also has broad regulatory authority. (3) The private health insurance issuers who offer qualified health plans through marketplaces established under the Patient Protection and Affordable Care Act and the private health insurance issuers that offer Medicare Advantage plans under the Medicare program both receive Federal dollars directly from the Federal Government, with the issuers of qualified health plans receiving Federal dollars through tax credit subsidies and the issuers of Medicare Advantage plans receiving payments from the Medicare Trust Funds. (4) The Federal Government facilitates applications for and enrollment in qualified health plans through the federally- facilitated marketplaces and State exchanges in a similar manner to the way the Federal Government facilitates applications for and enrollment in plans under the Medicare Advantage program and the Voluntary Prescription Drug Benefit Program through federally funded call centers, web portals, and consumer assistance personnel. (5) The Medicare Advantage program is a Federal health care program to which the anti-kickback provisions of section 1128B(b) of the Social Security Act and other prohibited acts involving Federal health care programs are subject to civil and criminal penalties under the Social Security Act as well as civil penalties under the False Claims Act. SEC. 3. CLARIFICATION OF APPLICATION OF ANTI-KICKBACK LAWS TO QUALIFIED HEALTH PLANS, MARKETPLACES, AND OTHER PLANS AND PROGRAMS UNDER PPACA. (a) In General.--Section 1128B(f)(1) of the Social Security Act (42 U.S.C. 1320a-7b(f)(1)) is amended by inserting before the semicolon the following: ``, including any plan or program established or funded under subtitle D or E (or the amendments made by such subtitles) of title I of the Patient Protection and Affordable Care Act (including the federally-facilitated marketplaces and State Exchanges, patient navigators, and related programs established by such Act, as well as any contract with an individual or entity hired by the Federal Government to facilitate enrollment in the federally-facilitated marketplaces)''. (b) Effective Date.--The amendment made by subsection (a) shall take effect as if included in the enactment of the Patient Protection and Affordable Care Act. SEC. 4. HHS OIG AND GAO JOINT STUDY AND REPORT. (a) Study.--The Inspector General of the Department of Health and Human Services and the Comptroller General of the United States shall jointly conduct a study regarding the effect of applying the anti- kickback laws and other prohibited acts involving Federal health care programs to qualified health plans, federally-facilitated marketplaces and State Exchanges, and any other plan or program established or funded under subtitle D or E (or the amendments made by such subtitles) of title I of the Patient Protection and Affordable Care Act. In conducting the study, the Inspector General and Comptroller General shall-- (1) identify all plans and programs that satisfy the definition of ``Federal health care program'' under section 1128B(f) of the Social Security Act (42 U.S.C. 1320a-7b(f)) (as amended by section 3(a)); (2) identify any entity or individual that would benefit from having qualified health plans, federally-facilitated marketplaces, and any other plan or program established or funded under subtitle D or E (or the amendments made by such subtitles) of title I of the Patient Protection and Affordable Care Act excluded from the definition of ``Federal health care program'' under section 1128B(f) of the Social Security Act (as so amended); and (3) separately estimate with respect to each of the following, the impact of excluding qualified health plans, federally-facilitated marketplaces and State Exchanges, and any other plan or program established or funded under subtitle D or E (or the amendments made by such subtitles) of title I of the Patient Protection and Affordable Care Act from the definition of ``Federal health care program'' under section 1128B(f) of the Social Security Act (as so amended): (A) Health care premiums (with and without non- federally funded subsidies). (B) Consumer choice in health insurance coverage. (C) The use of brand name versus generic drugs. (D) The net cost of the Patient Protection and Affordable Care Act to the Federal Government and to all States and territories. (b) Report.--Not later than one year after the date of enactment of this Act, the Inspector General of the Department of Health and Human Services and the Comptroller General of the United States shall jointly submit a report to Congress on the results of the study conducted under subsection (a) that includes the information specified in paragraphs (1) through (3) of that subsection, together with such recommendations for legislative or administrative action as the Inspector General and Comptroller General determine appropriate. | No Obamacare Kickbacks Act of 2013 - Amends title XI of the Social Security Act, with respect to criminal penalties for acts involving federal health care programs, to include any plan or program established or funded under subtitles D (Available Coverage Choices for All Americans) or E (Affordable Coverage Choices for All Americans) of title I of the Patient Protection and Affordable Care Act. Directs the Inspector General of the Department of Health and Human Services (HHS) and the Comptroller General (GAO) to jointly study, and report to Congress on, the effect of applying the anti-kickback laws and other prohibitions involving federal health care programs to qualified health plans, federally-facilitated marketplaces, state health care exchanges, and any other plan or program established or funded under the provisions described above. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Children First Act of 2002''. SEC. 2. EXCLUSION OF CHILD CARE FROM DETERMINATION OF 5-YEAR LIMIT. Section 408(a)(7) of the Social Security Act (42 U.S.C. 608(a)(7)) is amended by adding at the end the following: ``(H) Limitation on meaning of `assistance' for families receiving child care.--For purposes of subparagraph (A), any funds provided under this part that are used to provide child care for a family during a month under the State program funded under this part shall not be considered assistance under the program.''. SEC. 3. INCREASE IN FUNDING FOR CHILD CARE. (a) Increase in Funding.--Section 418(a)(3) of the Social Security Act (42 U.S.C. 618(a)(3)) is amended-- (1) by striking ``and'' at the end of subparagraph (E); (2) by striking the period at the end of subparagraph (F) and inserting a semicolon; and (3) by adding at the end the following: ``(G) $3,967,000,000 for fiscal year 2003; ``(H) $4,467,000,000 for fiscal year 2004; ``(I) $4,967,000,000 for fiscal year 2005; ``(J) $5,467,000,000 for fiscal year 2006; and ``(K) $5,967,000,000 for fiscal year 2007.''. (b) Increase in Set Aside for Child Care Quality.--Section 658G of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858e) is amended by striking ``4 percent'' and inserting ``12 percent''. SEC. 4. CLARIFICATION OF AUTHORITY OF STATES TO USE TANF FUNDS CARRIED OVER FROM PRIOR YEARS TO PROVIDE TANF BENEFITS AND SERVICES. Section 404(e) of the Social Security Act (42 U.S.C. 604(e)) is amended-- (1) in the subsection heading, by striking ``Assistance'' and inserting ``benefits or services''; and (2) after the heading, by striking ``assistance'' and inserting ``any benefit or service that may be provided''. SEC. 5. APPLICABILITY OF STATE OR LOCAL HEALTH AND SAFETY STANDARDS TO OTHER TANF CHILD CARE SPENDING. Section 402(a) of the Social Security Act (42 U.S.C. 602(a)) is amended by adding at the end the following: ``(8) Certification of procedures to ensure that child care providers comply with applicable state or local health and safety standards.--A certification by the chief executive officer of the State that procedures are in effect to ensure that any child care provider in the State that provides services for which assistance is provided under the State program funded under this part complies with all applicable State or local health and safety requirements as described in section 658E(c)(2)(F) of the Child Care and Development Block Grant Act of 1990.''. SEC. 6. AVAILABILITY OF CHILD CARE FOR PARENTS REQUIRED TO WORK. Section 407(e)(2) of the Social Security Act (42 U.S.C. 607(e)(2)) is amended-- (1) by inserting ``or other individual with custody'' after ``parent''; and (2) by striking ``6'' and inserting ``13''. SEC. 7. APPLICATION OF CHILD CARE AND DEVELOPMENT BLOCK GRANT ACT OF 1990 REPORTING RULES TO TANF FUNDS EXPENDED FOR CHILD CARE. (a) In General.--Section 411(a) of the Social Security Act (42 U.S.C. 611(a)) is amended-- (1) by redesignating paragraph (7) as paragraph (8); and (2) by inserting after paragraph (6), the following: ``(7) Application of child care and development block grant act of 1990 reporting rules to funds expended for child care.-- Any funds provided under this part that are expended for child care, whether or not transferred to the Child Care and Development Block Grant Act of 1990, shall be subject to the individual and case data reporting requirements imposed under that Act and need not be included in the report required by paragraph (1) for a fiscal quarter.''. (b) Conforming Amendment.--Section 411(a)(1)(A)(ix) of such Act (42 U.S.C. 611(a)(1)(A)(ix)) is amended by striking ``food stamps, or subsidized child care, and if the latter 2,'' and inserting ``or food stamps, and if the latter,''. SEC. 8. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), the amendments made by this Act shall take effect on October 1, 2002, and shall apply to payments under part A of title IV of the Social Security Act for calendar quarters beginning on or after such date, without regard to whether regulations to implement the amendments are promulgated by such date. (b) Delay Permitted if State Legislation Required.--In the case of a State plan under section 402(a) of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by this Act, the State plan shall not be regarded as failing to comply with the requirements of such section 402(a) solely on the basis of the failure of the plan to meet such additional requirements before the 1st day of the 1st calendar quarter beginning after the close of the 1st regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. | Children First Act of 2002 - Amends part A (Temporary Assistance for Needy Families) (TANF) of the Social Security Act (SSA) to: (1) exclude child care assistance from the determination of the five year limit on assistance under TANF; (2) increase funding for child care; and (3) require State TANF plans to include a certification of procedures to ensure that child care providers comply with applicable State or local health and safety standards.Raises from six years to 13 years the age of a child whose single custodial parent may refuse to engage in required work without incurring a reduction or termination of TANF under the State program.Subjects to the individual and case data reporting requirements of the Child Care and Development Block Grant Act of 1990 any TANF funds expended for child care, whether or not transferred to that Act, and exempts such funds from SSA reporting requirements.Amends the Child Care and Development Block Grant Act of 1990 to increase the set-aside for child care quality. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Post Office Community Partnership Act of 1999''. SEC. 2. GUIDELINES FOR RELOCATION, CLOSING, CONSOLIDATION, OR CONSTRUCTION OF POST OFFICES. Section 404 of title 39, United States Code, is amended by striking subsection (b) and inserting the following: ``(b)(1) Before making a determination under subsection (a)(3) as to the necessity for the relocation, closing, consolidation, or construction of any post office, the Postal Service shall provide adequate notice to persons served by that post office of the intention of the Postal Service to relocate, close, consolidate, or construct that post office not later than 60 days before the final determination is made to relocate, close, consolidate, or construct. ``(2)(A) The notification under paragraph (1) shall be in writing, hand delivered or delivered by mail to persons served by that post office, and published in 1 or more newspapers of general circulation within the zip codes served by that post office. ``(B) The notification under paragraph (1) shall include-- ``(i) an identification of the relocation, closing, consolidation, or construction of the post office involved; ``(ii) a summary of the reasons for the relocation, closing, consolidation, or construction; ``(iii) the proposed date for the relocation, closing, consolidation, or construction; ``(iv) notice of the opportunity of a hearing, if requested; and ``(v) notice of the opportunity for public comment, including suggestions. ``(3) Any person served by the post office that is the subject of a notification under paragraph (1) may offer an alternative relocation, closing, consolidation, or construction proposal during the 60-day period beginning on the date on which the notice is provided under paragraph (1). ``(4)(A) At the end of the period specified in paragraph (3), the Postal Service shall make a determination under subsection (a)(3). Before making a final determination, the Postal Service shall conduct a hearing, if requested by persons served by the post office that is the subject of a notice under paragraph (1). If a hearing is held under this paragraph, the persons served by such post office may present oral or written testimony with respect to the relocation, closing, consolidation, or construction of the post office. ``(B) In making a determination as to whether or not to relocate, close, consolidate, or construct a post office, the Postal Service shall consider-- ``(i) the extent to which the post office is part of a core downtown business area; ``(ii) any potential effect of the relocation, closing, consolidation, or construction on the community served by the post office; ``(iii) whether the community served by the post office opposes a relocation, closing, consolidation, or construction; ``(iv) any potential effect of the relocation, closing, consolidation, or construction on employees of the Postal Service employed at the post office; ``(v) whether the relocation, closing, consolidation, or construction of the post office is consistent with the policy of the Government under section 101(b) that requires the Postal Service to provide a maximum degree of effective and regular postal services to rural areas, communities, and small towns in which post offices are not self-sustaining; ``(vi) the quantified long-term economic saving to the Postal Service resulting from the relocation, closing, consolidation, or construction; ``(vii)(I) the adequacy of the existing post office; and ``(II) whether all reasonable alternatives to relocation, closing, consolidation, or construction have been explored; and ``(viii) any other factor that the Postal Service determines to be necessary for making a determination whether to relocate, close, consolidate, or construct that post office. ``(C) In making a determination as to whether or not to relocate, close, consolidate, or construct a post office, the Postal Service may not consider compliance with any provision of the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.). ``(5)(A) Any determination of the Postal Service to relocate, close, consolidate, or construct a post office shall be in writing and shall include the findings of the Postal Service with respect to the considerations required to be made under paragraph (4). ``(B) The Postal Service shall respond to all of the alternative proposals described in paragraph (3) in a consolidated report that includes-- ``(i) the determination and findings under subparagraph (A); and ``(ii) each alternative proposal and a response by the Postal Service. ``(C) The Postal Service shall make available to the public a copy of the report prepared under subparagraph (B) at the post office that is the subject of the report. ``(6)(A) The Postal Service shall take no action to relocate, close, consolidate, or construct a post office until the applicable date described in subparagraph (B). ``(B) The applicable date specified in this subparagraph is-- ``(i) if no appeal is made under paragraph (7), the end of the 30-day period specified in that paragraph; or ``(ii) if an appeal is made under paragraph (7), the date on which a determination is made by the Commission under paragraph 7(A), but not later than 120 days after the date on which the appeal is made. ``(7)(A) A determination of the Postal Service to relocate, close, consolidate, or construct any post office may be appealed by any person served by that post office to the Postal Rate Commission during the 30- day period beginning on the date on which the report is made available under paragraph (5). The Commission shall review the determination on the basis of the record before the Postal Service in the making of the determination. The Commission shall make a determination based on that review not later than 120 days after appeal is made under this paragraph. ``(B) The Commission shall set aside any determination, findings, and conclusions of the Postal Service that the Commission finds to be-- ``(i) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law; ``(ii) without observance of procedure required by law; or ``(iii) unsupported by substantial evidence on the record. ``(C) The Commission may affirm the determination of the Postal Service that is the subject of an appeal under subparagraph (A) or order that the entire matter that is the subject of that appeal be returned for further consideration, but the Commission may not modify the determination of the Postal Service. The Commission may suspend the effectiveness of the determination of the Postal Service until the final disposition of the appeal. ``(D) The provisions of sections 556 and 557, and chapter 7 of title 5 shall not apply to any review carried out by the Commission under this paragraph. ``(E) A determination made by the Commission shall not be subject to judicial review. ``(8) In any case in which a community has in effect procedures to address the relocation, closing, consolidation, or construction of buildings in the community, and the public participation requirements of those procedures are more stringent than those provided in this subsection, the Postal Service shall apply those procedures to the relocation, closing, consolidation, or construction of a post office in that community in lieu of applying the procedures established in this subsection. ``(9) In making a determination to relocate, close, consolidate, or construct any post office, the Postal Service shall comply with any applicable zoning, planning, or land use laws (including building codes and other related laws of State or local public entities, including any zoning authority with jurisdiction over the area in which the post office is located). ``(10) The relocation, closing, consolidation, or construction of any post office under this subsection shall be conducted in accordance with the National Historic Preservation Act (16 U.S.C. 470h-2). ``(11) Nothing in this subsection shall be construed to apply to a temporary customer service facility to be used by the Postal Service for a period of less than 60 days. ``(12)(A) For purposes of this paragraph the term `emergency' means any occurrence that forces an immediate relocation from an existing facility, including natural disasters, fire, health and safety factors, and lease terminations. ``(B) If the Postmaster General makes a determination that an emergency exists relating to a post office, the Postmaster General may suspend the application of the provisions of this subsection for a period not to exceed 180 days with respect to such post office. ``(C) The Postmaster General may exercise the suspension authority under subparagraph (A) once with respect to a single emergency for any specific post office.''. | Post Office Community Partnership Act of 1999 - Modifies Federal postal law to revise requirements for the closing or consolidation of a post office and apply them, as well, to its relocation or construction. Requires a 60-day notice before an office's relocation, closing, consolidation, or construction. Requires such notice to be: (1) hand delivered or delivered by mail; and (2) published in one or more newspapers of general circulation within the zip codes served by such post office. Sets forth provisions which: (1) allow any person served by the post office to offer an alternative relocation, closing, consolidation, or construction proposal within such 60-day period; and (2) require the Postal Service to conduct a hearing, if requested by such person, to allow the individual to present oral or written testimony. Revises the factors to be considered in deciding whether or not to relocate, close, consolidate, or construct a post office to include: (1) the extent to which the post office is part of a core downtown business area; (2) the sentiment of the community; (3) the adequacy of the existing post office; and (4) whether all reasonable alternatives to relocation, closing, consolidation, or construction have been explored. Requires the Postal Service to respond in a consolidated report to all of the alternative proposals offered within the 60-day notification period by persons served by the post office in question. Requires the Postal Service to follow a community's public participation procedures to address the relocation, closing, consolidation, or construction of buildings in the community if such procedures are more stringent than those provided in this Act. Provides that nothing in this Act shall be construed to apply to a temporary customer service facility used for less than 60 days. Allows for a one-time suspension of this Act with respect to a single emergency for any specific post office for a maximum 180-day period. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Number Protection Act of 2000''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The inappropriate sale or purchase of social security numbers is a significant factor in a growing range of illegal activities, including fraud, identity theft, and, in some cases, stalking and other violent crimes. (2) While financial institutions, health care providers, and other entities have often used social security numbers to confirm the identity of an individual, the sale or purchase of these numbers often facilitates the commission of criminal activities, and also can result in serious invasions of individual privacy. (3) The Federal Government requires virtually every individual in the United States to obtain and maintain a social security number in order to pay taxes, to qualify for social security benefits, or to seek employment. An unintended consequence of these requirements is that social security numbers have become tools that can be used to facilitate crime, fraud, and invasions of the privacy of the individuals to whom the numbers are assigned. Because the Federal Government created and maintains this system, and because the Federal Government does not permit individuals to exempt themselves from those requirements, it is appropriate for the Federal Government to take steps to stem the abuse of this system. (4) A social security number is simply a sequence of numbers. In no meaningful sense can the number itself impart knowledge or ideas. Persons do not sell or transfer such numbers in order to convey any particularized message, nor to express to the purchaser any ideas, knowledge, or thoughts. (5) A social security number does not contain, reflect, or convey any publicly significant information or concern any public issue. The sale of such numbers in no way facilitates uninhibited, robust, and wide-open public debate, and restrictions on such sale would not affect public debate. (6) No one should seek to profit from the sale of social security numbers in circumstances that create a substantial risk of physical, emotional, or financial harm to the individuals to whom those numbers are assigned. (7) Consequently, Congress should enact legislation that will offer individuals assigned such numbers necessary protection from the sale and purchase of social security numbers in circumstances that might facilitate unlawful conduct or that might otherwise likely result in unfair and deceptive practices. SEC. 3. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Federal Trade Commission. (2) Person.--The term ``person'' means any individual, partnership, corporation, trust, estate, cooperative, association, or any other entity. (3) Sale.-- (A) In general.--The term ``sale'' means obtaining, directly or indirectly, anything of value in exchange for a social security number or social security account number. (B) Exclusions.--Such term does not include-- (i) the submission of such a number as part of the process for applying for any type of government benefit or program (such as a grant or loan application or a welfare or other public assistance program); or (ii) transfers of such a number as part of a data matching program under the Computer Matching and Privacy Protection Act of 1988 (5 U.S.C. 552a note; Public Law 100-503; 102 Stat. 2507). (4) Purchase.-- (A) In general.--The term ``purchase'' means providing directly or indirectly, anything of value in exchange for a social security number or social security account number. (B) Exclusions.--Such term does not include-- (i) the submission of such a number as part of the process for applying for any type of government benefit or program (such as a grant or loan application or a welfare or other public assistance program); or (ii) transfers of such a number as part of a data matching program under the Computer Matching and Privacy Protection Act of 1988 (5 U.S.C. 552a note; Public Law 100-503; 102 Stat. 2507). (5) Social security number; social security account number.--The terms ``social security number'' and ``social security account number'' have the meaning given those terms in section 208(c) of the Social Security Act (42 U.S.C. 408(c)). (6) State.--The term ``State'' means any State of the United States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, the United States Virgin Islands, Guam, American Samoa, and any territory or possession of the United States. SEC. 4. REGULATION OF THE SALE AND PURCHASE OF SOCIAL SECURITY NUMBERS AND SOCIAL SECURITY ACCOUNT NUMBERS. (a) Prohibition.--It shall be unlawful for any person to sell or purchase a social security number or a social security account number in a manner that violates a regulation promulgated by the Commission under subsection (b). (b) Regulations.-- (1) In general.--The Commission, after consultation with the Commissioner of Social Security, the Department of Justice, and other Federal agencies as the Commission deems appropriate, shall promulgate regulations restricting the sale and purchase of social security numbers and social security account numbers and any unfair or deceptive acts or practices in connection with the sale and purchase of social security numbers and social security account numbers. (2) Requirements.-- (A) Restrictions and conditions.-- (i) In general.--In promulgating such regulations, the Commission shall impose restrictions and conditions on the sale and purchase of social security numbers and social security account numbers that are no broader than necessary-- (I) to provide reasonable assurances that social security numbers and social security account numbers will not be used to commit or facilitate fraud, deception, or crime; and (II) to prevent an undue risk of bodily, emotional, or financial harm to an individual. (ii) Required considerations for prevention of undue risk.--For purposes of clause (i)(II), the Commission shall consider-- (I) the nature, likelihood, and severity of the anticipated harm; (II) the nature, likelihood, and extent of any benefits that could be realized from the sale or purchase of the numbers; and (III) any other relevant factors. (B) Exceptions.--The regulations promulgated under this subsection shall include exceptions which permit the sale and purchase of social security numbers and social security account numbers-- (i) to the extent necessary for law enforcement or national security purposes; (ii) to the extent necessary for public health purposes; (iii) to the extent necessary in emergency situations to protect the health or safety of one or more individuals; (iv) to the extent necessary for research conducted for the purpose of advancing public knowledge, on the condition that the researcher provides adequate assurances that-- (I) the social security numbers or social security account numbers will not be used to harass, target, or publicly reveal information concerning any identifiable individual; (II) information about identifiable individuals obtained from the research will not be used to make decisions that directly affect the rights, benefits, or privileges of specific individuals; and (III) the researcher has in place appropriate safeguards to protect the privacy and confidentiality of any information about identifiable individuals; (v) to the extent consistent with an individual's voluntary and affirmative written consent to the sale or purchase of a social security number or a social security account number that has been assigned to that individual; and (vi) under other appropriate circumstances as the Commission may determine are consistent with the findings set forth in section 2 and the principles set forth in subparagraph (A). (c) Rulemaking.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Commission shall promulgate the regulations required under subsection (b) in accordance with section 553 of title 5, United States Code. (2) Effective date.--Subsection (a) and the regulations promulgated under subsection (b) and section 208 of the Social Security Act (42 U.S.C. 408) (as amended by section 5) shall take effect 30 days after the date on which the final regulations issued under subsection (b) are published in the Federal Register. (d) Enforcement.--Any violation of a regulation promulgated under subsection (b) shall be treated in the same manner as a violation of a rule promulgated under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. (e) Administration and Applicability of Act.-- (1) The commission.-- (A) In general.--The Commission shall prevent any person from violating this section, and any regulation promulgated thereunder, in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. (B) Application of penalties, privileges, and immunities.--Any person who violates such a regulation shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.) as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. (C) Rule of construction.--Nothing contained in this Act shall be construed to limit the authority of the Commission under any other provision of law. (2) Actions by states.-- (A) In general.--In any case in which the Attorney General of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by an act or practice that violates any regulation of the Commission promulgated under subsection (b), the State, as parens patriae, may bring a civil action on behalf of the residents of the State in a district court of the United States of appropriate jurisdiction, to-- (i) enjoin that act or practice; (ii) enforce compliance with the regulation; (iii) obtain damages, restitution, or other compensation on behalf of residents of the State; or (iv) obtain such other legal and equitable relief as the district court may consider to be appropriate. Before filing an action under this paragraph, the Attorney General of the State involved shall provide to the Commission and to the Attorney General of the United States a written notice of that action and a copy of the complaint for that action. If the Attorney General of the State involved determines that it is not feasible to provide such notice and copy before the filing of the action, the Attorney General of such State shall provide the written notice and the copy of the complaint to the Commission and to the Attorney General of the United States as soon as practicable after the filing of the complaint. (B) Right to intervene.--Upon receipt of a notice under subparagraph (A), the Commission and the Attorney General of the United States each shall have the right-- (i) to move to stay the action, pending the final disposition of a pending Federal matter, as described in subparagraph (C); (ii) to intervene in the action that is the subject of the notice; (iii) upon so intervening, to be heard on all matters arising under the action; and (iv) to file petitions for appeal. (C) Prohibition on state action.--If the Attorney General has instituted a criminal proceeding or the Commission has instituted a civil action for a violation of this Act or of any regulations promulgated under this Act, no State may, during the pendency of such proceeding or action, bring an action under this section against any defendant named in the criminal proceeding or civil action for any violation of this Act that is alleged in that proceeding or action. (D) Rule of construction.--For purposes of bringing any civil action under subparagraph (A), nothing in this Act shall be construed to prevent an Attorney General of a State from exercising the powers conferred on that Attorney General by the laws of that State to conduct investigations, administer oaths and affirmations, or compel the attendance of witnesses or the production of documentary and other evidence. (E) Venue; service of process.--Any action brought under this section may be brought in any district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code. In an action brought under this section, process may be served in any district in which the defendant is an inhabitant or may be found. SEC. 5. CRIMINAL SANCTIONS UNDER THE SOCIAL SECURITY ACT. Section 208 of the Social Security Act (42 U.S.C. 408) is amended-- (1) in subsection (a)(8), by striking ``or compels the disclosure of'' and inserting ``, compels the disclosure of, or knowingly sells or purchases''; and (2) in subsection (c)-- (A) by striking ``Any'' and inserting ``(1) Any''; and (B) by adding at the end the following new paragraph: ``(2)(A) For purposes of subsection (a)(8)-- ``(i) the term `sells' means obtains, directly or indirectly, anything of value in exchange for a social security number or a social security account number; and ``(ii) the term `purchases' means provides, directly or indirectly, anything of value in exchange for a social security number or a social security account number. ``(B) Such terms do not include the submission of a social security number or a social security account number as part of the process for applying for any type of government benefit or program (such as a grant or loan application or a welfare or other public assistance program) or transfers of such a number as part of a data matching program under the Computer Matching and Privacy Protection Act of 1988 (5 U.S.C. 552a note; Public Law 100-503; 102 Stat. 2507).''. | Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act (SSA) to establish criminal sanctions for sales and purchases of the Social Security number and Social Security account number of any person in violation of the laws of the United States. |
SECTION 1. CONSISTENT ENFORCEMENT AUTHORITY REGARDING NATIONAL PARK SYSTEM LANDS, NATIONAL FOREST SYSTEM LANDS, AND OTHER PUBLIC LANDS. (a) Lands Under Jurisdiction of Bureau of Land Management.--Section 303(a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1733(a)) is amended-- (1) by inserting ``(1)'' after ``(a)''; (2) by striking the second sentence; and (3) by adding at the end the following new paragraphs: ``(2) Any person who knowingly violates or fails to comply with any of the provisions of this Act or any regulation issued under this Act shall be guilty of a Class A misdemeanor, subject to fine as provided in section 3571 of title 18, United States Code, or imprisonment as provided in section 3581 of that title, or both. ``(3) Any person who otherwise violates or fails to comply with any of the provisions of this Act or any regulation issued under this Act shall be guilty of a Class B misdemeanor, subject to fine or imprisonment, or both, as provided in such sections. A person who violates any such provision or regulation may also be adjudged to pay all costs of the proceedings.''. (b) National Park System Lands.-- (1) Enforcement.--Section 3 of the National Park Service Organic Act (16 U.S.C. 3) is amended-- (A) by striking ``That the Secretary'' the first place it appears and inserting ``(a) Regulations for Use and Management of National Park System; Enforcement (1) The Secretary''; (B) by striking ``Service,'' and all that follows through ``proceedings.'' and inserting ``Service.''; and (C) by inserting after the first sentence the following new paragraphs: ``(2) Any person who knowingly violates or fails to comply with any rule or regulation issued under this section shall be guilty of a Class A misdemeanor, subject to fine as provided in section 3571 of title 18, United States Code, or imprisonment as provided in section 3581 of that title, or both. ``(3) Any person who otherwise violates or fails to comply with any rule or regulation issued under this section shall be guilty of a Class B misdemeanor, subject to fine or imprisonment, or both, as provided in such sections. A person who violates any such rule or regulation may also be adjudged to pay all costs of the proceedings.''. (2) Conforming amendments.--Such section is further amended-- (A) by striking ``He may also'' the first place it appears and inserting the following: ``(b) Special Management Authorities.--The Secretary of the Interior may''; (B) by striking ``He may also'' the second place it appears and inserting ``The Secretary may''; and (C) by striking ``No natural,'' and inserting the following: ``(c) Lease and Permit Authorities.--No natural''. (c) National Wildlife Refuge System Lands.--Section 4(f) of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd(f)) is amended-- (1) in paragraph (1), by striking ``fined under title 18, United States Code, or imprisoned for not more than 1 year, or both.'' and inserting ``guilty of a Class A misdemeanor, subject to fine as provided in section 3571 of title 18, United States Code, or imprisonment as provided in section 3581 of that title, or both. A person who violates any such provision or regulation may also be adjudged to pay all costs of the proceedings.''; and (2) in paragraph (2), by striking ``fined under title 18, United States Code, or imprisoned not more than 180 days, or both.'' and inserting ``guilty of a Class B misdemeanor, subject to fine as provided in section 3571 of title 18, United States Code, or imprisonment as provided in section 3581 of that title, or both. A person who violates any such provision or regulation may also be adjudged to pay all costs of the proceedings.''. (d) National Forest System Lands.--The eleventh undesignated paragraph under the heading ``Surveying the public lands'' of the Act of June 4, 1897 (16 U.S.C. 551), is amended to read as follows: ``SEC. 551. PROTECTION OF NATIONAL FOREST SYSTEM LANDS; REGULATIONS. ``(a) Regulations for Use and Protection of National Forest System.--The Secretary of Agriculture shall make provisions for the protection of the National Forest System (as defined in section 11 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609)) against destruction by fire and depredations. The Secretary may issue such regulations and establish such service as will insure the objects of the National Forest System, namely, to regulate their occupancy and use and to protect National Forest System lands from destruction. ``(b) Violations; Penalties.--(1) Any person who knowingly violates any regulation issued under subsection (a) shall be guilty of a Class A misdemeanor and shall be subject to a fine as provided in section 3571 of title 18, United States Code, or imprisonment as provided in section 3581 of that title, or both. ``(2) Any person who otherwise violates any regulation issued under subsection (a) shall be guilty of a Class B misdemeanor and shall be subject to a fine as provided in section 3571 of title 18, United States Code, or imprisonment as provided in section 3581 of that title, or both. ``(3) A person who violates any regulation issued under subsection (a) may also be adjudged to pay all costs of the proceedings. ``(c) Procedure.--Any person charged with the violation of a regulation issued under subsection (a) may be tried and sentenced by any United States magistrate judge specially designated for that purpose by the court by which the magistrate judge was appointed, in the same manner and subject to the same conditions as provided for in subsections (b) through (e) of section 3401 of title 18, United States Code.''. SEC. 2. ESTABLISHMENT OF MINIMUM FINE FOR VIOLATION OF PUBLIC LAND FIRE REGULATIONS DURING FIRE BAN. (a) Lands Under Jurisdiction of Bureau of Land Management.--Section 303(a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1733(a)), as amended by section 1(a), is further amended by adding at the end the following new paragraph: ``(4) In the case of a regulation issued under this section regarding the use of fire by individuals on the public lands, if the violation of the regulation was the result of reckless conduct, occurred in an area subject to a complete ban on open fires, and resulted in damage to public or private property, the fine may not be less than $500.''. (b) National Park System Lands.--Subsection (a) of section 3 of the National Park Service Organic Act (16 U.S.C. 3), as designated and amended by section 1(b), is further amended by adding at the end the following new paragraph: ``(4) In the case of a rule or regulation issued under this subsection regarding the use of fire by individuals on such lands, if the violation of the rule or regulation was the result of reckless conduct, occurred in an area subject to a complete ban on open fires, and resulted in damage to public or private property, the fine may not be less than $500.''. (c) National Forest System Lands.--Subsection (b) of section 551 of the Act of June 4, 1897 (16 U.S.C. 551), as designated and amended by section 1(d), which before such designation and amendment was the eleventh undesignated paragraph under the heading ``Surveying the public lands'' of such Act, is further amended by adding at the end the following new paragraph: ``(4) In the case of a regulation issued under subsection (a) regarding the use of fire by individuals on National Forest System lands, if the violation of the regulation was the result of reckless conduct, occurred in an area subject to a complete ban on open fires, and resulted in damage to public or private property, the fine may not be less than $500.''. | Amends the Federal Land Policy and Management Act of 1976, the National Park Service Organic Act, the National Wildlife Refuge System Administration Act of 1966, and other federal law to provide that: (1) any person who knowingly violates or fails to comply with any of the provisions of such an Act or any regulation issued under such an Act concerning the management, use, and protection of Bureau of Land Management (BLM) lands, National Park System lands, National Wildlife Refuge lands, and National Forest lands shall be guilty of a Class A misdemeanor, subject to fine and/or imprisonment as provided under federal criminal law; and (2) any person who otherwise violates or fails to comply with any of the provisions of such an Act or any regulation issued under such an Act concerning the management, use, and protection of such lands shall be guilty of a Class B misdemeanor, subject to fine and/or imprisonment as provided under federal criminal law. Permits requiring persons adjudged guilty of a: (1) Class B misdemeanor on BLM or National Park System lands to pay all costs of the proceedings; and (2) a Class A or Class B misdemeanor on National Wildlife Refuge or National Forest lands to pay all costs of the proceedings. Amends the Federal Land Policy and Management Act of 1976, the National Park Service Organic Act, and other federal law to set a minimum fine of $500 for certain fire usage violations on BLM, National Park System, and National Forest lands. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Beneficiary Freedom to Choose Act of 2008''. SEC. 2. USE OF PRIVATE CONTRACTS BY MEDICARE BENEFICIARIES FOR PROFESSIONAL SERVICES. (a) In General.--Section 1802(b) of the Social Security Act (42 U.S.C. 1395a) is amended to read as follows: ``(b) Clarification of Use of Private Contracts by Medicare Beneficiaries for Professional Services.-- ``(1) In general.--Nothing in this title shall prohibit a medicare beneficiary from entering into a private contract with a physician or health care practitioner for the provision of medicare covered professional services (as defined in paragraph (5)(C)) if-- ``(A) the services are covered under a private contract that is between the beneficiary and the physician or practitioner and meets the requirements of paragraph (2); ``(B) under the private contract no claim for payment for services covered under the contract is to be submitted (and no payment made) under part A or B, under a contract under section 1876, or under an MA plan (other than an MSA plan); and ``(C)(i) the Secretary has been provided with the minimum information necessary to avoid any payment under part A or B for services covered under the contract, or ``(ii) in the case of an individual enrolled under a contract under section 1876 or an MA plan (other than an MSA plan) under part C, the eligible organization under the contract or the MA organization offering the plan has been provided the minimum information necessary to avoid any payment under such contract or plan for services covered under the contract. ``(2) Requirements for private contracts.--The requirements in this paragraph for a private contract between a medicare beneficiary and a physician or health care practitioner are as follows: ``(A) General form of contract.--The contract is in writing and is signed by the medicare beneficiary. ``(B) No claims to be submitted for covered services.--The contract provides that no party to the contract (and no entity on behalf of any party to the contract) shall submit any claim for (or request) payment for services covered under the contract under part A or B, under a contract under section 1876, or under an MA plan (other than an MSA plan). ``(C) Scope of services.--The contract identifies the medicare covered professional services and the period (if any) to be covered under the contract, but does not cover any services furnished-- ``(i) before the contract is entered into; or ``(ii) for the treatment of an emergency medical condition (as defined in section 1867(e)(1)(A)), unless the contract was entered into before the onset of the emergency medical condition. ``(D) Clear disclosure of terms.--The contract clearly indicates that by signing the contract the medicare beneficiary-- ``(i) agrees not to submit a claim (or to request that anyone submit a claim) under part A or B (or under section 1876 or under an MA plan, other than an MSA plan) for services covered under the contract; ``(ii) agrees to be responsible, whether through insurance or otherwise, for payment for such services and understands that no reimbursement will be provided under such part, contract, or plan for such services; ``(iii) acknowledges that no limits under this title (including limits under paragraphs (1) and (3) of section 1848(g)) will apply to amounts that may be charged for such services; ``(iv) acknowledges that medicare supplemental policies under section 1882 do not, and other supplemental health plans and policies may elect not to, make payments for such services because payment is not made under this title; and ``(v) acknowledges that the beneficiary has the right to have such services provided by (or under the supervision of) other physicians or health care practitioners for whom payment would be made under such part, contract, or plan. Such contract shall also clearly indicate whether the physician or practitioner involved is excluded from participation under this title. ``(3) Modifications.--The parties to a private contract may mutually agree at any time to modify or terminate the contract on a prospective basis, consistent with the provisions of paragraphs (1) and (2). ``(4) No requirements for services furnished to msa plan enrollees.--The requirements of paragraphs (1) and (2) do not apply to any contract or arrangement for the provision of services to a medicare beneficiary enrolled in an MA plan under part C. ``(5) Definitions.--In this subsection: ``(A) Health care practitioner.--The term `health care practitioner' means a practitioner described in section 1842(b)(18)(C). ``(B) Medicare beneficiary.--The term `medicare beneficiary' means an individual who is enrolled under part B. ``(C) Medicare covered professional services.--The term `medicare covered professional services' means-- ``(i) physicians' services (as defined in section 1861(q), and including services described in section 1861(s)(2)(A)), and ``(ii) professional services of health care practitioners, including services described in section 1842(b)(18)(D), for which payment may be made under part A or B, under a contract under section 1876, or under a Medicare+Choice plan but for the provisions of a private contract that meets the requirements of paragraph (2). ``(D) Ma plan; msa plan.--The terms `MA plan' and `MSA plan' have the meanings given such terms in section 1859. ``(E) Physician.--The term `physician' has the meaning given such term in section 1861(r).''. (b) Conforming Amendments Clarifying Exemption From Limiting Charge and From Requirement for Submission of Claims.--Section 1848(g) of the Social Security Act (42 U.S.C. 1395w-4(g)) is amended-- (1) in paragraph (1)(A), by striking ``In'' and inserting ``Subject to paragraph (8), in''; (2) in paragraph (3)(A), by striking ``Payment'' and inserting ``Subject to paragraph (8), payment''; (3) in paragraph (4)(A), by striking ``For'' and inserting ``Subject to paragraph (8), for''; and (4) by adding at the end the following new paragraph: ``(8) Exemption from requirements for services furnished under private contracts.-- ``(A) In general.--Pursuant to section 1802(b)(1), paragraphs (1), (3), and (4) do not apply with respect to physicians' services (and services described in section 1861(s)(2)(A)) furnished to an individual by (or under the supervision of) a physician if the conditions described in section 1802(b)(1) are met with respect to the services. ``(B) No restrictions for enrollees in msa plans.-- Such paragraphs do not apply with respect to services furnished to individuals enrolled with MSA plans under part C, without regard to whether the conditions described in subparagraphs (A) through (C) of section 1802(b)(1) are met. ``(C) Application to enrollees in other plans.-- Subject to subparagraph (B) and section 1852(k)(2), the provisions of subparagraph (A) shall apply in the case of an individual enrolled under a contract under section 1876 or under an MA plan (other than an MSA plan) under part C, in the same manner as they apply to individuals not enrolled under such a contract or plan.''. (c) Conforming Amendments.--(1) Section 1842(b)(18) of the Social Security Act (42 U.S.C. 1395u(b)(18)) is amended by adding at the end the following: ``(E) The provisions of section 1848(g)(8) shall apply with respect to exemption from limitations on charges and from billing requirements for services of health care practitioners described in this paragraph in the same manner as such provisions apply to exemption from the requirements referred to in section 1848(g)(8)(A) for physicians' services.''. (2) Section 1866(a)(1)(O) of such Act (42 U.S.C. 1395cc(a)(1)(O)) is amended by striking ``enrolled with a Medicare+Choice organization under part C'' and inserting ``enrolled with an MA organization under part C (other than under an MSA plan)''. (d) Effective Date.--The amendments made by this section shall take effect on the date that is 6 months after the date of the enactment of this Act and apply to contracts entered into on or after that date. SEC. 3. ALLOWING INDIVIDUALS TO CHOOSE TO OPT OUT OF THE MEDICARE PART A BENEFIT; ELIGIBILITY FOR HEALTH SAVINGS ACCOUNTS. (a) In General.--Notwithstanding any other provision of law, no provision of law or regulation shall be construed as preventing an individual who is otherwise entitled to benefits under part A of title XVIII of the Social Security Act from electing, in a form and manner specified by the Secretary of Health and Human Services, from waiving the rights to such benefits and otherwise opting out of right of receiving benefits under such part. (b) Individuals Opting Out of Medicare Part A Eligible for Health Savings Accounts.--Section 223 of the Internal Revenue Code of 1986 is amended-- (1) in subsection (b), by striking paragraph (7), and (2) in subsection (d)(2)(C)(iv), by inserting ``and who has not waived the rights to benefits under part A of title XVIII of such Act'' after ``Social Security Act''. | Medicare Beneficiary Freedom to Choose Act of 2008 - Amends title XVIII (Medicare) to revise requirements for the use of private contracts by Medicare beneficiaries under which no Medicare claims shall be made. Requires any such contract to be in writing and signed by the Medicare beneficiary. Allows individuals to choose to opt out of the Medicare part A (Hospital Insurance), and makes them eligible for health savings accounts. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``SBA Emergency Authorization Extension Act of 2004''. SEC. 2. SBA PROGRAM AUTHORIZATIONS. (a) In General.--Section 1 of Public Law 108-172 (117 Stat. 2065) is amended-- (1) in subsection (a), by striking ``March 15'' each place that term appears and inserting ``May 15''; and (2) by adding at the end the following: ``(c) Exception for Other Programs.--Notwithstanding subsection (a), title V of the Small Business Investment Act of 1958 (15 U.S.C. 661 et seq.) and section 29 of the Small Business Act (15 U.S.C. 656), including any pilot program, shall remain authorized through September 30, 2004.''. (b) Conforming Amendment.--Section 503(f) of the Small Business Investment Act of 1958 (15 U.S.C. 697(f)) is amended by striking ``October 1, 2003'' and inserting ``October 1, 2004''. SEC. 3. WOMEN'S BUSINESS CENTERS. (a) In General.--Section 29(k) of the Small Business Act (15 U.S.C. 656(k)) is amended-- (1) in paragraph (2), by adding at the end the following: ``(C) Funding priority.--Subject to available funds, and reservation of funds, the Administration shall, for each fiscal year, allocate-- ``(i) $150,000 for each women's business center established under subsection (b), except for any center that requests a lesser amount; ``(ii) from the remaining funds, not more than $125,000, in equal amounts, to each women's business center established under subsection (l), to the extent such funds are reserved under subsection (k)(4)(A), except for any center that requests a lesser amount; and ``(iii) any funds remaining after allocations are made under clauses (i) and (ii) to new eligible women's business centers and eligible women's business centers that did not receive funding in the prior fiscal year under subsection (b).''; and (2) in paragraph (4)(A), by adding at the end the following: ``(v) For fiscal year 2004, 48 percent.''. (b) Sunset Date.--The amendments made by this section are repealed on October 1, 2004. SEC. 4. 7(A) LOAN GUARANTEE PROGRAM. (a) Combination Loans.-- (1) In general.--Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended by adding at the end the following: ``(31) Combination loans.-- ``(A) Defined term.--As used in this paragraph, the term `combination loan' means a financing comprised of a loan guaranteed under this subsection and a loan not guaranteed by Federal, State, or local government. ``(B) Authority.-- ``(i) In general.--A small business concern may combine a loan guaranteed under this subsection with a loan that is not guaranteed by Federal, State, or local government. ``(ii) Lender.--The nonguaranteed loan under clause (i) may be made by-- ``(I) the lender that provided the financing under this subsection or a different lender; or ``(II) a lender in the Preferred Lenders Program. ``(iii) Security.--The nonguaranteed loan under clause (i) may be secured by a senior lien and the guaranteed loan under this subsection may be secured by a subordinated lien. ``(iv) Application.--A loan guarantee under this subsection on behalf of a small business concern, which is approved within 120 days of the date on which a nonguaranteed loan is obtained by the same small business concern, shall be subject to the provisions of this paragraph. ``(C) Fee on combination loan.--The lender shall pay a one-time fee of 0.5 percent of the amount of the nonguaranteed loan if the nonguaranteed portion of the loan has a senior credit position to the guaranteed portion of the loan. This fee shall be in addition to any other lender fees and shall not be charged to the borrower. ``(D) Loan size.-- ``(i) Preferred lenders program.--If the loan guaranteed under this subsection is processed under delegated authority under the Preferred Lenders Program, the maximum amount of the nonguaranteed loan may not exceed-- ``(I) $1,000,000; or ``(II) a combination of $2,000,000 gross loan amount of a loan guaranteed by the Administration and an additional nonguaranteed loan of $1,000,000. ``(ii) Small business administration.--If the loan guaranteed under this subsection is processed and approved by Administration staff, the amount of the nonguaranteed loan may not exceed-- ``(I) $2,000,000; or ``(II) a combination of $2,000,000 gross loan amount of a loan guaranteed by the Administration and an additional nonguaranteed loan of $2,000,000. ``(E) Use of proceeds.--All proceeds from the fee collected under this subparagraph shall be used to offset the cost (as defined in section 502 of the Credit Reform Act of 1990) to the Administration of guaranteeing loans under this subsection.''. (b) Termination of Lender Authority to Retain Guarantee Fees.-- Section 7(a)(18)(B) of the Small Business Act (15 U.S.C. 636(a)(18)(B)) is amended to read as follows: ``(B) Retention of certain fees.-- ``(i) In general.--Except as provided under clause (ii), lenders participating in the programs established under this subsection may retain not more than 25 percent of a fee collected under subparagraph (A)(i). ``(ii) Fiscal year 2004.--Beginning on the date of enactment of this clause and ending on September 30, 2004, the Administration or its agent shall collect all fees under subparagraph (A)(i). All proceeds from fees collected under this paragraph shall be used to offset the cost (as defined in section 502 of the Credit Reform Act of 1990) to the Small Business Administration of guaranteeing loans under this subsection.''. (c) Temporary Modification of Annual Lender Fee.--Section 7(a)(23) of the Small Business Act (15 U.S.C. 636(a)) is amended-- (1) by striking ``0.25 percent'' and inserting ``0.35 percent''; and (2) by adding at the end the following: ``All proceeds from the fee collected under this paragraph shall be used to offset the cost (as defined in section 502 of the Credit Reform Act of 1990) to the Administration of guaranteeing loans under this subsection.''. (d) Lifting Loan Restrictions and Priority Processing of Rejected Applications.-- (1) In general.--The Small Business Administration shall-- (A) eliminate the program restrictions imposed by policy notices 5000-902 and 0000-1709 to allow for the processing and approval of loan applications cancelled or returned because of the program shutdown or restrictions imposed by policy notices 5000-902, 0000- 1707, or 0000-1709; (B) permit a small business or lender to resubmit any loan application that was not considered or approved because of the program shutdown or restrictions imposed by policy notices 5000-902, 0000- 1707, or 0000-1709; (C) give priority to processing any application submitted before January 8, 2004, that was not considered because of the program shutdown or loan restrictions imposed by policy notices 5000-902, 0000-1707, or 0000- 1709; (D) give priority, to the extent possible, to approving all eligible loans that were cancelled or returned because of the program shutdown or restrictions imposed by policy notices 5000-902, 0000- 1707, or 0000-1709, in the order in which the applications were originally submitted; and (E) give priority to processing all eligible loans to any small business that has received financing under section 7(a)(14) of the Small Business Act (15 U.S.C. 636(a)(14) and requests a renewal of such financing, regardless of temporary restrictions imposed by the Small Business Administration through the policy notices referred to in this paragraph, and approve such loans, if the small business is otherwise eligible for such financing under that section. (2) Proof of application.--An application shall not be denied consideration or approval because the Small Business Administration failed to retain a record of receiving an application if the lender or borrower supplies proof that the application was submitted by mail, fax, or electronic means before January 8, 2004. (3) Reservation and application of fee proceeds.--All proceeds from fees authorized under section 7(a) of the Small Business Act (15 U.S.C. 636(a)) shall be combined with any amounts appropriated to carry out such section and used-- (A) first, to process and fund loan guarantees approved pursuant to paragraph (d)(1); and (B) second, to process and fund other loan guarantees under section 7(a) of the Small Business Act. (4) Notification requirement.--The Small Business Administration shall not make any significant policy or administrative changes affecting the operation of the loan program authorized under section 7(a) of the Small Business Act (15 U.S.C. 636(a)) unless, not later than 15 business days before such change, the Administrator of the Small Business Administration submits, under the Administrator's signature, a report that specifically describes the proposed changes and the duration of those changes to-- (A) the chairman and ranking member of the Committee on Small Business and Entrepreneurship of the Senate; and (B) the chairman and ranking member of the Committee on Small Business of the House of Representatives. (e) Sunset Date.--This section and the amendments made by this section are repealed on October 1, 2004. SEC. 5. RESUBMISSION OF DISASTER LOAN APPLICATIONS FOR CERTAIN BUSINESSES. (a) Resubmission of Applications.--During the 30-day period beginning on the date of enactment of this Act, a small business concern may resubmit an application for a loan that was not approved under section 7(b)(2) of the Small Business Act (15 U.S.C. 636(b)(2)) if the following conditions are met: (1) Original application.--The small business concern originally submitted an application before January 1, 2003, in response to the events associated with Small Business Administration Disaster Declaration 3364. (2) Location.--On the date of the original submission of the application and on the date of the resubmission, the applicant operates a facility in Bronx, Kings, Nassau, New York, Queens, Richmond, or Westchester county in the State of New York. (3) Inability to operate.--Without regard to physical damage to a facility, the applicant was unable to operate at a facility because of a prohibition on the use of the facility, in whole or in part, by an order or other action of a Federal, State, or local government (or any instrumentality of any of the foregoing) for 20 or more consecutive days, occurring as a result of the events associated with Small Business Administration Disaster Declaration 3364. (b) Standard for Approval.--The Administrator shall approve (without regard to any requirements applicable under section 7(b) of the Small Business Act (15 U.S.C. 636(b))), a loan with respect to any application resubmitted under subsection (a) if the applicant has a debt coverage ratio, as attested to by a qualified, independent, third- party auditor, of not less than 1.15 for the applicant's last taxable year ending before the date of the submission of the original application. For purposes of determining the debt coverage ratio under this subsection, the Administrator shall not take into account any Federal or State tax lien or obligation other than a judgment lien. (c) Minimum Loan Amount.--The Administrator shall not approve a loan under this section for an amount that is less than 80 percent of the documented losses shown on the application submitted under subsection (a). (d) Coordination With Other Loan Limits.--No loan made under this section shall be taken into account under section 7(b)(3)(E) of the Small Business Act (15 U.S.C. 636(b)(3)(E)). | SBA Emergency Authorization Extension Act of 2004 - Extends through: (1) May 15 (currently March 15), 2004, any program, authority, or provision, including any pilot program, that is authorized under the Small Business Act or the Small Business Investment Act of 1958 as of September 30, 2003; and (2) FY 2004 the Small Business Administration (SBA) guaranteed loan programs authorized under such Acts. Amends the Small Business Act with respect to the women's business centers program to provide SBA funding authority for nonprofit organizations conducting projects for the benefit of small businesses owned and controlled by women. Increases from 30 to 48 the percentage of appropriated women's business center funds to be used during FY 2004 for sustained women's business center projects. Amends the SBA loan guarantee program to authorize a small business to combine an SBA-guaranteed loan with a loan not guaranteed by a Federal, State, or local government. Allows the nonguaranteed loan to be made by: (1) the lender that provided the financing under the guaranteed loan or a different lender; or (2) a lender in the Preferred Lenders Program. Requires the lender to pay a fee with respect to the nonguaranteed portion of a combination loan. Provides maximum amounts of the nonguaranteed loan when processed either under the Preferred Lenders Program or by SBA staff. Terminates, until the end of FY 2004, the authority of lenders to retain loan guarantee fees collected with respect to SBA-guaranteed loans. Directs the SBA to: (1) eliminate certain loan program shutdowns or restrictions imposed by policy notices (thereby allowing for the processing and approval of previous loan applications that were not considered or approved due to a shutdown or restriction); and (2) give priority to the processing of such loans. Requires all combination loan fee proceeds to be used only to administer such loans. Authorizes the resubmission of certain small business disaster loan applications submitted before January 1, 2003, in response to the events associated with SBA Disaster Declaration 3364 with respect to areas of New York City and Westchester County, New York. |
SECTION. 1. EXTENSIONS OF DEADLINES FOR HYDRO-POWER PROJECTS. (a) In General.--Notwithstanding the time limitations of section 13 of the Federal Power Act (16 U.S.C. 806), the Federal Energy Regulatory Commission, upon the request of the licensees for FERC Projects No. 3701, 3943, 3944, 4204, 4474, 4660, 4659, 4797, 6901, 6902, 9423, and 10228 (and after reasonable notice), is authorized, in accordance with the good faith, due diligence, and public interest requirements of such section 13 and the Commission's procedures under such section, to extend the time required for commencement of construction for each such project for a maximum of 2 years. This section shall take effect for each such project upon the expiration of the extension (issued by the Commission under such section 13 or by Act of Congress) of the period required for commencement of construction of such project. (b) Termination.--The authorization for issuing extensions under this section shall terminate 3 years after the date of enactment of this section. To facilitate requests for extensions, the Commission may consolidate the requests. The Commission shall, in the case of any project referenced in subsection (a) that has had more than 2 extensions under the Federal Power Act or any other provision of law, shall examine and, at the time of granting extensions under this Act, report to the Congress the reasons for delay in construction by each licensee and the Commission's views on the ability of the licensee to comply with the construction requirements of the Federal Power Act before the end of such extension. SEC. 2. REINSTATEMENT (a) In General.--The Federal Energy Regulatory Commission authorized and directed to reinstate effective May 23, 1993, in accordance with the good faith, due diligence, and public interest requirements of section 13 of the Federal Power Act (16 U.S.C. 806) and the Commission's procedures under such section, the hydroelectric license previously issued for Project No. 7829. Commencement of construction within the meaning of section 13 of the Federal Power Act shall commence within 4 years of such date. (b) Termination.--The authorization under this section shall terminate 3 years after the date of enactment of this section. SEC. 3. EXEMPTION OF PORTION OF EL VADO HYDROELECTRIC PROJECT FROM LICENSING REQUIREMENT OF PART I OF THE FEDERAL POWER ACT. (a) Exemption.--The Federal Energy Regulatory Commission shall provide that the 69 KV transmission line, including the right-of-way, which originates in the switchyard of the El Vado Hydroelectric Project, New Mexico (FERC project numbered 5226) and extends north to the Spills Switching Station operated by the Northern Rio Arriba Electric Cooperative, Inc. (``NORA''), located in Rio Arriba County, New Mexico may be exempt for the term of the applicable license from so much of part I of the Federal Power Act as the Commission deems necessary to permit NORA to effectively and prudently utilize its system in conjunction with, and in furtherance of, the license unless the Commission finds after reasonable notice that such exemption is not in the public interest. The Commission shall initiate this action upon application of the licensee made within 120 days after the enactment of this Act, and the Commission shall provide such exemption without delay. SEC. 4. CERTAIN PROJECTS UNDER THE FEDERAL POWER ACT IN ALASKA. (a) Amendment to Section 2407(a).--Section 2407(a) of the Energy Policy Act of 1992 is amended by striking ``may'' and inserting ``shall, in the case of the projects referenced in paragraphs (1) and (3) of this subsection and may, in the case of the project in paragraph (2) of this subsection.''. (b) Amendment to Section 2407(f).--Section 2407(f) of such Act is amended by adding the following new sentence at the end thereof: ``The Commission shall, on its own motion, provide such exemption at any time after the enactment of this sentence, taking into consideration any application filed with the Commission prior to such enactment. The Commission shall report to the Congress the actions taken under this section and if the Commission fails to grant any such exemption in paragraphs (1) and (3) of subsection (a), shall explain the reasons for such failure.''. SEC. 5. HAWAII LEGISLATIVE REPORT. The Federal Energy Regulatory Commission, taking into consideration the Commission's Study, April 13, 1994, of Hydroelectric Licensing in the State o Hawaii, shall initiate a proceeding for the purpose of making recommendations to the Congress in the first session of the 104th Congress for legislation to provide for the transfer to the State of Hawaii of all or part of the Commission's authority under the Federal Power Act for the licensing of new hydroelectric projects in the State of Hawaii without affecting the applicability of other Federal environmental laws and regulations to such projects, without transferring such authority to the State in the case of any such projects that could conflict with the management and operation of any National Wildlife Refuge or National Park in Hawaii, and without, to the greatest extent possible, establishing a precedent with respect to other States, Guam, the Virgin Islands, and the Commonwealth of Puerto Rico. The Commission shall obtain the views of the State of Hawaii and other Federal environmental agencies on any proposed legislative recommendation and shall include such views in the report of the Commission transferring the Commission's recommendations to the Congress. The Commission shall include its views and recommendations and those of any individual member of the Commission. SEC. 6. SIZE LIMITATIONS OF ELIGIBLE FACILITIES UNDER PURPA. Section 3(17)(E) of the Federal Power Act (16 U.S.C. 791a and following) is amended by striking ``1994'' and inserting ``1996''. | Authorizes the Federal Energy Regulatory Commission (FERC), upon the request of certain licensees, to extend the time required for commencement of construction of specified hydropower projects for a maximum of two years. Terminates such authorization three years after enactment of this Act. Authorizes FERC to reinstate, effective May 23, 1993, a certain previously issued hydroelectric license. Terminates such authority three years after enactment of this Act. Directs FERC to exempt a specified portion of the El Vado Hydroelectric Project in New Mexico from certain Federal Power Act licensing requirements. Amends the Energy Policy Act of 1992 to: (1) change from discretionary to mandatory the authority of FERC to exempt certain hydropower projects in Alaska from certain Federal Power Act licensing requirements; and (2) report to the Congress its reasons for any failure to grant such exemptions. Directs FERC to initiate a proceeding for the purpose of making recommendations to the Congress for legislation to transfer to the State of Hawaii all or part of its licensing authority for new hydroelectric projects in Hawaii. Amends the Federal Power Act to extend from 1994 to 1996 the deadline for certain small solar, wind, waste, or geothermal power production facilities to submit the requisite applications for certification as qualifying facilities. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Housing Affordability Assurance Act''. SEC. 2. HOUSING IMPACT ANALYSIS. (a) Applicability.--Except as provided in subsection (b), the requirements of this section shall apply with respect to-- (1) any proposed rule, unless the agency promulgating the rule-- (A) has certified that the proposed rule will not, if given force or effect as a final rule, have a significant deleterious impact on housing affordability; and (B) has caused such certification to be published in the Federal Register at the time of publication of general notice of proposed rulemaking for the rule, together with a statement providing the factual basis for the certification; and (2) any final rule, unless the agency promulgating the rule-- (A) has certified that the rule will not, if given force or effect, have a significant deleterious impact on housing affordability; and (B) has caused such certification to be published in the Federal Register at the time of publication of the final rule, together with a statement providing the factual basis for the certification. Any agency making a certification under this subsection shall provide a copy of such certification and the statement providing the factual basis for the certification to the Secretary of Housing and Urban Development. (b) Exception for Certain Banking Rules.--The requirements of this section shall not apply to any proposed or final rule relating to-- (1) the operations, safety, or soundness of-- (A) federally insured depository institutions or any affiliate of such an institution (as such term is defined in section 2(k) of the Bank Holding Company Act of 1956 (12 U.S.C. 1841(k)); (B) credit unions; (C) the Federal home loan banks; (D) the enterprises (as such term is defined in section 1303 of the Housing and Community Development Act of 1992 (12 U.S.C. 4502); (E) a Farm Credit System institution; or (F) foreign banks or their branches, agencies, commercial lending companies, or representative offices that operate in the United States, or any affiliate of a foreign bank (as such terms are defined in section 1 of the International Banking Act of 1978 (12 U.S.C. 3101); or (2) the payments system or the protection of deposit insurance funds or the Farm Credit Insurance Fund. (c) Statement of Proposed Rulemaking.--Whenever an agency publishes general notice of proposed rulemaking for any proposed rule, unless the agency has made a certification under subsection (a), the agency shall-- (1) in the notice of proposed rulemaking-- (A) state with particularity the text of the proposed rule; and (B) request any interested persons to submit to the agency any written analyses, data, views, and arguments, and any specific alternatives to the proposed rule; (2) provide an opportunity for interested persons to take the actions specified under paragraph (1)(B) before promulgation of the final rule; and (3) prepare and make available for public comment an initial housing impact analysis in accordance with the requirements of subsection (d). (d) Initial Housing Impact Analysis.-- (1) Requirements.--Each initial housing impact analysis shall describe the impact of the proposed rule on housing affordability. The initial housing impact analysis or a summary shall be published in the Federal Register at the same time as, and together with, the publication of general notice of proposed rulemaking for the rule. The agency shall transmit a copy of the initial housing impact analysis to the Secretary of Housing and Urban Development. (2) Contents.--Each initial housing impact analysis required under this subsection shall contain-- (A) a description of the reasons why action by the agency is being considered; (B) a succinct statement of the objectives of, and legal basis for, the proposed rule; (C) a description of and, where feasible, an estimate of the extent to which the proposed rule would increase the cost or reduce the supply of housing or land for residential development; and (D) an identification, to the extent practicable, of all relevant Federal rules which may duplicate, overlap, or conflict with the proposed rule. (e) Final Housing Impact Analysis.-- (1) Requirement.--Whenever an agency promulgates a final rule after publication of a general notice of proposed rulemaking, unless the agency has made the certification under subsection (a), the agency shall prepare a final housing impact analysis. (2) Contents.--Each final housing impact analysis shall contain-- (A) a succinct statement of the need for, and objectives of, the rule; (B) a summary of the significant issues, analyses, and alternatives to the proposed rule raised during the public comment period in response to the proposed rule and initial housing impact analysis, a summary of the assessment of the agency of such issues, analyses, and alternatives, and a statement of any changes made in the proposed rule as a result of such comments; and (C) a description of and an estimate of the extent to which the rule will impact housing affordability or an explanation of why no such estimate is available. (3) Availability.--The agency shall make copies of the final housing impact analysis available to members of the public and shall publish in the Federal Register such analysis or a summary thereof. (f) Avoidance of Duplicative or Unnecessary Analyses.-- (1) Duplication.--Any Federal agency may perform the analyses required by subsections (d) and (e) in conjunction with or as a part of any other agenda or analysis required by any other law, executive order, directive, or rule if such other analysis satisfies the provisions of such subsections. (2) Joinder.--In order to avoid duplicative action, an agency may consider a series of closely related rules as one rule for the purposes of subsections (d) and (e). (g) Preparation of Analyses.--In complying with the provisions of subsections (d) and (e), an agency may provide either a quantifiable or numerical description of the effects of a proposed rule or alternatives to the proposed rule, or more general descriptive statements if quantification is not practicable or reliable. (h) Effect on Other Law.--The requirements of subsections (d) and (e) do not alter in any manner standards otherwise applicable by law to agency action. (i) Procedure for Waiver or Delay of Completion.-- (1) Initial housing impact analysis.--An agency head may waive or delay the completion of some or all of the requirements of subsection (d) by publishing in the Federal Register, not later than the date of publication of the final rule, a written finding, with reasons therefor, that the final rule is being promulgated in response to an emergency that makes compliance or timely compliance with the provisions of subsection (a) impracticable. (2) Final housing impact analysis.--An agency head may not waive the requirements of subsection (e). An agency head may delay the completion of the requirements of subsection (e) for a period of not more than 180 days after the date of publication in the Federal Register of a final rule by publishing in the Federal Register, not later than such date of publication, a written finding, with reasons therefor, that the final rule is being promulgated in response to an emergency that makes timely compliance with the provisions of subsection (e) impracticable. If the agency has not prepared a final housing impact analysis pursuant to subsection (e) within 180 days from the date of publication of the final rule, such rule shall lapse and have no force or effect. Such rule shall not be repromulgated until a final housing impact analysis has been completed by the agency. (j) Definitions.--For purposes of this section, the following definitions shall apply: (1) Housing affordability.--The term ``housing affordability'' means the quantity of housing that is affordable to families having incomes that do not exceed 150 percent of the median income of families in the area in which the housing is located, with adjustments for smaller and larger families. For purposes of this paragraph, area, median family income for an area, and adjustments for family size shall be determined in the same manner as such factors are determined for purposes of section 3(b)(2) of the United States Housing Act of 1937. (2) Agency.--The term ``agency'' means each authority of the Government of the United States, whether or not it is within or subject to review by another agency, but does not include-- (A) the Congress; (B) the courts of the United States; (C) the governments of the territories or possessions of the United States; (D) the government of the District of Columbia; (E) agencies composed of representatives of the parties or of representatives of organizations of the parties to the disputes determined by them; (F) courts-martial and military commissions; (G) military authority exercised in the field in time of war or in occupied territory; or (H) functions conferred by-- (i) sections 1738, 1739, 1743, and 1744 of title 12, United States Code; (ii) chapter 2 of title 41, United States Code; (iii) subchapter II of chapter 471 of title 49, United States Code; or (iv) sections 1884, 1891-1902, and former section 1641(b)(2), of title 50, appendix, United States Code. (3) Families.--The term ``families'' has the meaning given such term in section 3 of the United States Housing Act of 1937. (4) Rule.--The term ``rule'' means any rule for which the agency publishes a general notice of proposed rulemaking pursuant to section 553(b) of title 5, United States Code, or any other law, including any rule of general applicability governing grants by an agency to State and local governments for which the agency provides an opportunity for notice and public comment; except that such term does not include a rule of particular applicability relating to rates, wages, corporate or financial structures or reorganizations thereof, prices, facilities, appliances, services, or allowances therefor or to valuations, costs or accounting, or practices relating to such rates, wages, structures, prices, appliances, services, or allowances. (5) Significant.--The term ``significant'' means increasing consumers' cost of housing by more than $100,000,000 per year. (k) Development.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Housing and Urban Development shall develop model initial and final housing impact analyses under this section and shall cause such model analyses to be published in the Federal Register. The model analyses shall define the primary elements of a housing impact analysis to instruct other agencies on how to carry out and develop the analyses required under subsections (d) and (e). (l) Judicial Review.-- (1) Determination by agency.--Except as otherwise provided in paragraph (2), any determination by an agency concerning the applicability of any of the provisions of this Act to any action of the agency shall not be subject to judicial review. (2) Other actions by agency.--Any housing impact analysis prepared under subsection (d) or (e) and the compliance or noncompliance of the agency with the provisions of this Act shall not be subject to judicial review. When an action for judicial review of a rule is instituted, any housing impact analysis for such rule shall constitute part of the whole record of agency action in connection with the review. (3) Exception.--Nothing in this subsection bars judicial review of any other impact statement or similar analysis required by any other law if judicial review of such statement or analysis is otherwise provided by law. | Housing Affordability Assurance Act - Requires, with an exception for certain banking rules, a housing impact analysis of any new rule of a Federal agency that has an economic impact of $100 million or more. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness in Admiralty and Maritime Law Act''. SEC. 2. AMENDMENTS TO LIMITATION OF SHIPOWNERS' LIABILITY ACT OF 1851. (a) In General.--Chapter 305 of title 46, United States Code, is amended as follows: (1) Subsection (a) of section 30505 is amended to read as follows: ``(a) In General.--Except as provided in section 30506 of this title, the liability of the owner of a vessel for any claim, debt, or liability described in subsection (b) shall not exceed the value of the vessel and pending freight. If the vessel has more than one owner, the proportionate share of the liability of any one owner shall not exceed that owner's proportionate interest in the vessel and pending freight.''. (2) Subsection (c) of section 30505 is amended to read as follows: ``(c) Claims Not Subject to Limitation.--Subsection (a) does not apply-- ``(1) to a claim for wages; ``(2) to a claim for personal injury; ``(3) to a claim for wrongful death; or ``(4) to a claim relating to oil drilling or exploration or the discharge of oil from a vessel or offshore facility, as those terms are defined in section 1001 of the Oil Pollution Act of 1990 (33 U.S.C. 2701).''. (3) By adding at the end of the section: ``(d) Exclusion.-- ``(1) Exclusion.--Unless the claim involves the privity or knowledge of the owner, claims for personal injury or wrongful death are subject to the limitation in subsection (a) if the vessel was a fishing vessel. ``(2) Fishing vessel defined.--In this subsection, the term `fishing vessel' means-- ``(A) a vessel, boat, ship, or other watercraft that is used for, equipped to be used for, or of a type normally used for-- ``(i) charter fishing (as defined in section 3(3) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802(3))); ``(ii) commercial fishing (as defined in section 3(4) of such Act (16 U.S.C. 1802 (4))); or ``(iii) aiding or assisting one or more vessels at sea in the performance of any activity relating to commercial fishing (as so defined), including preparation, supply, storage, refrigeration, transportation, or processing; but ``(B) does not include a passenger vessel (as defined in section 2101(22)).''. (4) Subsection (c) of section 30511 is amended to read as follows: ``(c) Cessation of Other Actions.--At the time that an action has been brought under this section and the owner has complied with subsection (b), all claims and proceedings against the owner related to the matter in question which are subject to limitation under section 30505 shall cease.''. SEC. 3. ASSESSMENT OF PUNITIVE DAMAGES IN MARITIME LAW. (a) In General.--Chapter 301 of title 46, United States Code, is amended by adding at the end the following: ``Sec. 30107. Punitive damages ``Except as otherwise provided in this title, in a civil action for damages arising out of a maritime tort, punitive damages may be assessed without regard to the amount of compensatory damages assessed in the action.''. (b) Clerical Amendment.--The table of contents for chapter 301 of title 46, United States Code, is amended by adding at the end the following: ``30107. Punitive damages''. SEC. 4. AMENDMENTS TO THE DEATH ON THE HIGH SEAS ACT. (a) In General.--Chapter 303 of title 46, United States Code, is amended-- (1) in section 30302, by inserting ``or law'' after ``admiralty''; (2) in section 30303, by inserting ``and nonpecuniary loss'' after ``pecuniary loss''; (3) in section 30303, by striking ``sustained by'' and all that follows and inserting ``sustained, plus a fair compensation for the decedent's pain and suffering. In this section, the term `nonpecuniary loss' means the loss of care, comfort, and companionship.''; (4) in section 30305, by inserting ``or law'' after ``admiralty''; and (5) in section 30306, by inserting ``or law'' after ``admiralty''. (b) Aviation Accidents.-- (1) In general.--Section 30307 of title 46, United States Code, is amended-- (A) by striking subsection (a) and inserting the following: ``(a) Definitions.-- ``(1) Commercial aviation; general aviation.--The terms `commercial aviation' and `general aviation' have the same meaning as those terms, respectively, as used in subtitle VII of title 49, United States Code. ``(2) Nonpecuniary damages.--The term `nonpecuniary damages' means damages for loss of care, comfort, and companionship.''; (B) by inserting ``or general aviation'' after ``commercial aviation'' in subsections (b) and (c); and (C) by adding at the end thereof the following: ``(d) Procedure.--Notwithstanding sections 30302, 30305, and 30306, an action to which this section applies may be brought in admiralty and may not be brought in law.''. (2) Conforming amendments.-- (A) Section heading.--Section 30307 of title 46, United States Code, is amended in the heading by striking ``commercial aviation'' and by inserting ``aviation''. (B) Clerical amendment.--The table of contents for chapter 303 of title 46, United States Code, is amended by striking the item relating to section 30307 and inserting the following: ``30307. Aviation accidents''. (c) Application to Fishing Vessels.-- (1) In general.--None of the amendments made by this section shall apply with respect to a fishing vessel. (2) Fishing vessel defined.--In this subsection, the term ``fishing vessel'' means-- (A) a vessel, boat, ship, or other watercraft that is used for, equipped to be used for, or of a type normally used for-- (i) charter fishing (as defined in section 3(3) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802(3))); (ii) commercial fishing (as defined in section 3(4) of such Act (16 U.S.C. 1802 (4))); or (iii) aiding or assisting one or more vessels at sea in the performance of any activity relating to commercial fishing (as so defined), including preparation, supply, storage, refrigeration, transportation, or processing; but (B) does not include a passenger vessel (as defined in section 2101(22) of title 46, United States Code). SEC. 5. IMPROVEMENTS TO RECOVERY UNDER THE JONES ACT. Section 30104 of title 46, United States Code, is amended to read as follows: ``Sec. 30104. Personal injury to or death of seamen ``(a) In General.--A seaman injured in the course of employment or, if the seaman dies from the injury, the personal representative of the seaman may elect to bring a civil action at law, with the right of trial by jury, against the employer. Laws of the United States regulating recovery for personal injury to, or death of, a railway employee apply to an action under this section. ``(b) Loss of Care, Comfort, and Companionship.--In addition to other amounts authorized under such laws, for any claim relating to oil drilling or exploration or the discharge of oil the recovery for a seaman who so dies shall include recovery for loss of care, comfort, and companionship.''. SEC. 6. EFFECTIVE DATE. The amendments made by this title shall apply to-- (1) causes of action and claims arising after April 19, 2010; or (2) actions commenced before the date of enactment of this Act that have not been finally adjudicated, including appellate review, as of that date. | Fairness in Admiralty and Maritime Law Act - Expands a shipowner's liability to claims not subject to limitation to include: (1) personal injury claims; (2) wrongful death claims; and (3) claims relating to oil drilling or exploration or the discharge of oil from a vessel or offshore facility. Excepts the owner of a fishing vessel from such limitation for claims for personal injury or wrongful death, unless the claim involves the privity or knowledge of the owner. Allows punitive damages to be assessed without regard to the amount of compensatory damages assessed in a civil maritime action for damages arising out of a maritime tort, subject to exception. Amends the Death on the High Seas Act to permit the personal representative of a decedent to bring a civil action in admiralty or law (limited to admiralty under current law) against the person or vessel responsible for the decedent's death when the death was caused by wrongful act, neglect, or default occurring on the high seas beyond three nautical miles from the shore of the United States. Allows recovery in such an action for fair compensation for nonpecuniary loss (limited to pecuniary loss under current law), plus a fair compensation for the decedent's pain and suffering. Defines "nonpecuniary loss" as loss of care, comfort, and companionship. Amends provisions concerning commercial aviation accidents to include general aviation accidents. Amends the Jones Act to allow recovery for the loss of care, comfort, and companionship of a seaman in a claim by the seaman's representative relating to oil drilling or exploration or the discharge of oil when the seaman died as the result of such oil drilling or exploration or the discharge of oil. |
SECTION 1. FINDINGS. Congress finds the following: (1) The South China Sea contains vital commercial shipping lanes and points of access between the Indian Ocean and Pacific Ocean and provides a maritime lifeline to Taiwan, Japan, and the Korean peninsula. (2) China, Vietnam, the Philippines, Taiwan, Malaysia, and Brunei have disputed territorial claims over the Spratly Islands, and China, Taiwan, and Vietnam have disputed territorial claims over the Paracel Islands. (3) In 2009, the Government of the People's Republic of China introduced the 9-dotted line (also known as the Cow Tongue line) to officially claim most of the 648,000 square miles of the South China Sea, more than any other nation involved in these territorial disputes. (4) Although not a party to these disputes, the United States has a national economic and security interest in maintaining peace, stability and prosperity in East Asia and ensuring that no party threatens or uses force unilaterally to assert maritime territorial claims in East Asia, including in the South China Sea, the East China Sea, or the Yellow Sea. (5) The Association of Southeast Asian Nations (ASEAN) has promoted multilateral talks in disputed areas without settling the issue of sovereignty. (6) In 2002, ASEAN and China signed a Declaration on the Conduct of Parties in the South China Sea. That declaration committed all parties to those territorial disputes to ``reaffirm their respect for and commitment to the freedom of navigation in and overflight above the South China Sea as provided for by the universally recognized principles of international law'', and to ``resolve their territorial and jurisdictional disputes by peaceful means, without resorting to the threat or use of force''. Yet, in September 2010, tensions were raised in the East China Sea off of the Senkaku (Diaoyutai) Islands, a territory under the legal administration of Japan, when a Chinese fishing vessel deliberately rammed Japanese Coast Guard patrol boats. (7) The Government of the People's Republic of China deliberately heightened these tensions by making a series of diplomatic protests, including on one occasion summoning the Japanese Ambassador after midnight, by threatening ``further repercussions'' if Japan did not immediately release the Chinese ship captain involved in the collisions, and by encouraging anti-Japanese demonstrations in Chinese cities. (8) On February 25, 2011, a frigate from China's navy fired shots at 3 fishing boats from the Philippines. (9) On March 2, 2011, the Government of the Philippines reported that two patrol boats from China attempted to ram one of its surveillance ships. (10) On May 26, 2011, a maritime security vessel from China cut the cables of an exploration ship from Vietnam, the Binh Minh, in the South China Sea in waters near Cam Ranh Bay in the exclusive economic zone of Vietnam. (11) On May 31, 2011, three Chinese military vessels used guns to threaten the crews of four Vietnamese fishing boats while they were fishing in the waters of the Truong Sa (Spratly) archipelago. (12) On June 3, 2011, Vietnam's Foreign Ministry released a statement that ``Vietnam is resolutely opposed to these acts by China that seriously violated the sovereign and jurisdiction rights of Viet Nam to its continental shelf and Exclusive Economic Zone (EEZ).''. (13) On June 9, 2011, three vessels from China, including one fishing vessel and two maritime security vessels, ran into and disabled the cables of another exploration ship from Vietnam, the Viking 2, in the exclusive economic zone of Vietnam. (14) On June 13-14, 2011, the Government of Vietnam held a live-fire military exercise on the uninhabited island of Hon Ong, 25 miles off the coast of Vietnam in the South China Sea. (15) On June 25, 2011, Chinese Peoples' Liberation Army Major General (Ret.) Peng Guangqian stated in a television interview that ``China once taught Vietnam a lesson. If Vietnam is not sincere, it will receive a bigger lesson'', adding that ``If Vietnam continues to act tough, play with the knife, sooner or later it will get cut.''. (16) On June 26, 2011, the Chinese news agency Xinhua announced that China and Vietnam had agreed to hold talks on how to resolve conflicts arising from a sovereignty dispute over the South China Sea after a June 25 meeting in Beijing between Dai Bingguo, the senior Chinese official in charge of foreign affairs, and Vietnamese Vice Foreign Minister and Special Envoy Ho Xuan Son. (17) It was reported, on June 17, 2011, that the Philippines removed a string of wooden markers that Manila determined was placed by China in disputed areas of the South China Sea amid growing regional tensions. (18) On June 23, 2011, Secretary of State Hillary Rodham Clinton told visiting Philippines Foreign Secretary Albert del Rosario that ``We are determined and committed to supporting the defense of the Philippines.''. (19) Philippines Foreign Secretary del Rosario stated that the Philippines is a small country, but is ``prepared to do what is necessary to stand up to any aggressive action in our backyard''. (20) The United States, on June 23, 2011, stated that it was ready to provide hardware to modernize the military of the Philippines. (21) The United States and the Philippines conducted combined naval exercises in the Sulu Sea, near the South China Sea, from June 28 to July 8, 2011. (22) On June 17, 2011, China dispatched one of its largest patrol ships, the Haixun 31, on a voyage through disputed areas of the South China Sea in a deliberate show of force en route to a port of call in Singapore. (23) China's official media stated that the sailing route of the Haixun 31 in the South China Sea was determined to protect its ``rights and sovereignty''. (24) A spokesperson for Singapore's Ministry of Foreign Affairs pointed out, on June 20, 2011, that ``as a major trading nation, Singapore has a critical interest in anything affecting freedom of navigation in all international sea lanes, including those in the South China Sea''. (25) Singapore further urged China to clarify its claims in the South China Sea with more precision as the current ambiguity as to their extent has caused serious concerns in the international maritime community. (26) The actions of the Government of the People's Republic of China in the South China Sea have also affected United States military and maritime vessels transiting through international air space and waters, including the collision of a fighter plane of China with a United States surveillance plane in 2001, the harassment of the USNS Impeccable in March 2009, and the collision of a Chinese submarine with the sonar cable of the USS John McCain in June 2009. (27) In July 2010, People's Daily, the official newspaper of the Chinese Communist Party, reported that General Ma Xiaotian, deputy chief of the general staff of the People's Liberation Army, said that China ``strongly opposed'' combined naval exercises to be conducted in the West (Yellow) Sea by the United States and the Republic of Korea. (28) These exercises were to be conducted in international waters, as well as Republic of Korea territorial waters, in the vicinity of the site of the March 2010 North Korean torpedo attack on the South Korean military vessel Cheonan, which resulted in 46 deaths. (29) These exercises were to include participation by the USS George Washington aircraft carrier group. (30) In July 2010, Chinese Major General Luo Yuan, a researcher at the Chinese Academy of Military Sciences, in an interview with a Hong Kong TV station, stressed the importance of the Yellow Sea as ``a gateway to China's capital region'' and said that ``if a U.S. aircraft carrier enters the Yellow Sea, it will become a living target''. (31) On July 23, 2010, Secretary of State Hillary Rodham Clinton stated at the Association of Southeast Asian Nations Regional Forum that ``the United States, like every nation, has a national interest in freedom of navigation, open access to Asia's maritime commons, and respect for international law in the South China Sea''. (32) Secretary Clinton further expressed the support of the United States for the Declaration by the Association of Southeast Asian Nations and China in 2002 on the Conduct of Parties in the South China Sea, and stated, ``The United States supports a collaborative diplomatic process by all claimants for resolving the various territorial disputes without coercion.''. (33) On October 12, 2010, former Secretary of Defense Robert Gates stated at the ASEAN Defense Ministers Meeting- Plus, ``The U.S. position on maritime security remains clear: we have a national interest in freedom of navigation; in unimpeded economic development and commerce; and in respect for international law.''. Former Secretary Gates further maintained ``The United States has always exercised our rights and supported the rights of others to transit through, and operate in, international waters.''. (34) On June 4, 2011, at the Shangri-La Dialogue in Singapore, former Secretary Gates stated that ``maritime security remains an issue of particular importance for the region, with questions about territorial claims and the appropriate use of the maritime domain presenting on-going challenges to regional stability and prosperity''. (35) On June 5, 2011, at the Shangri-La Dialogue, Liang Guanglie, the Defense Minister from China, said, ``China is committed to maintaining peace and stability in the South China Sea.''. (36) On June 14, 2011, Hong Lei, the spokesman for the Chinese Foreign Ministry, stated that ``China always upholds and has been committed to a proper resolution of differences and disputes over the South China Sea in a peaceful manner through bilateral direct negotiation and friendly consultation with relevant countries.''. (37) On June 22, 2011, Chinese Vice Foreign Minister Cui Tiankai told reporters, in reference to the South China Sea disputes, that ``I believe the individual countries are actually playing with fire, and I hope the fire will not be drawn to the United States.''. (38) On June 29, 2011, the Defense Ministry of the People's Republic of China stated that ``Recent drills by the Chinese navy are routine and not connected to the situation in the South China Sea'', further calling for people to view the exercises in a ``rational'' way. (39) On April 8, 2012, a Philippine plane spotted eight Chinese fishing boats in the vicinity of the Scarborough Shoal, which both countries claim. (40) A Philippine coast guard cutter and two Chinese maritime surveillance craft began a tense 10-day standoff, with the Philippine vessel, citing the upcoming typhoon season, withdrawing but the Chinese ships remained in the area. Moreover, China constructed barriers to prevent Philippine vessels from entering the Scarborough Shoal where it was reported that Chinese flags were raised. (41) A Chinese foreign ministry spokesman condemned a long- planned joint military exercise between the U.S. and the Philippines in April, saying ``The major trend of the times in this region is peace and development. Military exercise does not represent the major call of the times.''. (42) In June of 2012, Vietnam passed a law claiming sovereignty over the Paracel and Spratly Islands and called for mutual respect for international law. (43) China quickly criticized the law, with a foreign ministry statement calling it a ``serious violation of China's territorial sovereignty'' and that China expressed its ``resolute and vehement opposition''. (44) In June of 2012, China's cabinet, the State Council, approved the establishment of a prefecture-level government in the city of Sansha to oversee the areas claimed by China in the South China Sea. (45) On June 23, 2012, the China National Offshore Oil Corporation invited bids for oil exploration in areas within 200 nautical miles of the continental shelf and exclusive economic zone of Vietnam. (46) On June 28, 2012, the Chinese Defense Ministry announced that military authorities were considering establishing a military presence in the prefecture capitol of Sansha. (47) Also on June 28, Chinese military press spokesman Senior Colonel Geng Yansheng announced that the PLA had begun ``regular, combat-ready patrols'' in the South China Sea. (48) On July 11, 2012, Chinese patrol ships were spotted near the disputed Senkaku (Diaoyutai) Islands in the East China Sea. (49) When the Japanese coast guard told the Chinese ships to leave, the crew told them, ``We are conducting official duty in Chinese waters. Do not interfere. Leave China's territorial waters.''. (50) Japan's Vice Foreign Minister Kenichrio Sasae called the exchange ``extremely serious'' and ``unacceptable,'' and a government spokesperson was quoted as saying, ``It is clear that historically and legally Senkaku is an inherent territory of Japan.''. (51) At the July 2012 ASEAN Regional Forum (ARF), Secretary Clinton said, ``We believe the nations of the region should work collaboratively and diplomatically to resolve disputes without coercion, without intimidation, without threats, and without the use of force.''. (52) Although ASEAN has agreed on the elements of the Code of Conduct (COC), China stated that it would enter negotiations with ASEAN on the COC ``when the time is ripe''. (53) A day following the conclusion of the ARF meeting on July 14, 2012, a Chinese naval warship ran aground while on patrol about 60 miles from the province of Palawan in the Philippines on Half Moon Shoal in the disputed Spratlys. (54) While the grounded warship was in the process of removing itself from the Half Moon Shoal a day later, Xinhua announced that 30 Chinese fishing boats, guarded by an official government ship, had set sail for the South China Sea. (55) On July 19, 2012, the Chinese Central Military Commission approved the establishment of the ``military defense and watch zone of Sansha'' at the division level. (56) On July 26, 2012, China then appointed a Chief Commander and a Political Commissar of ``the military defense and watch zone of Sansha''. (57) On July 23, 2012, Philippine President Benigno Aquino III announced in his state of the nation address that the Philippines had purchased more than 40 military aircraft, including attack helicopters and two refurbished C-130 cargo planes, as well as a second former U.S. Coast Guard cutter. (58) In the nationally televised address before Congress, President Aquino stressed that he would not back down to Chinese pressure, saying ``I do not think it excessive to ask that our rights be respected, just as we respect their rights as a fellow nation in a world we need to share.''. (59) A day earlier, on July 22, China's Central Military Commission approved the deployment of a garrison of soldiers to guard Chinese claims in the Spratlys, the Paracels and the Macclesfield Bank. (60) On July 24, 2012, China declared a new municipality on Yongxing, or Woody Island, where the previously announced military garrison will be stationed. (61) A State Department spokeswoman said that the United States is concerned about such ``unilateral moves'' and wants to see ``all of these issues resolved at the table''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that, in light of the congressional finding described in section 1, the Secretary of State should-- (1) reaffirm the strong support of the United States for the peaceful resolution of maritime territorial disputes in the South China Sea, the Taiwan Strait, the East China Sea, and the Yellow Sea and pledge continued efforts to facilitate a collaborative, peaceful proves to resolve these disputes; (2) condemn the use of threat or force by naval, maritime security, and fishing vessels from China in the South China Sea and the East China Sea as well as the use of force by China's North Korean ally in the Yellow Sea; (3) note that overt threats and gun boat diplomacy are not constructive means for settling these outstanding maritime disputes; (4) call on all parties to these territorial disputes to refrain from threatening force or using force to assert territorial claims; (5) welcome the diplomatic efforts of Association of Southeast Asian Nations (ASEAN) and the United States allies and partners in Taiwan, Japan, and the Republic of Korea to amiably and fairly resolve these outstanding disputes; and (6) support the continuation of operations by the United States Armed Forces in support of freedom of navigation rights in international waters and air space in the South China Sea, the East China Sea, the Taiwan Strait, and the Yellow Sea. | Expresses the sense of Congress that the Secretary of State should: (1) reaffirm U.S. support for the peaceful resolution of maritime territorial disputes in the South China Sea, the East China Sea, the Taiwan Strait, and the Yellow Sea; (2) condemn the use of force by China in the South China and East China Seas and by China's North Korean ally in the Yellow Sea; (3) call on all parties to these territorial disputes to refrain from threatening force or using force to assert territorial claims; (4) welcome the diplomatic efforts of Association of Southeast Asian Nations (ASEAN) and U.S. allies and partners in Taiwan, Japan, and the Republic of Korea to resolve these outstanding disputes; and (5) support U.S. Armed Forces operations in support of freedom of navigation rights in international waters and air space in the South China Sea, the East China Sea, the Taiwan Strait, and the Yellow Sea. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Terrorism Risk Insurance Program Reauthorization Act of 2007''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definition of act of terrorism. Sec. 3. Reauthorization of the Program. Sec. 4. Annual liability cap. Sec. 5. Enhanced reports to Congress. SEC. 2. DEFINITION OF ACT OF TERRORISM. Section 102(1)(A)(iv) of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended by striking ``acting on behalf of any foreign person or foreign interest''. SEC. 3. REAUTHORIZATION OF THE PROGRAM. (a) Termination Date.--Section 108(a) of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended by striking ``2007'' and inserting ``2014''. (b) Additional Program Years.--Section 102(11) of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended by adding at the end the following: ``(G) Additional program years.--Except when used as provided in subparagraphs (B) through (F), the term `Program Year' means, as the context requires, any of Program Year 1, Program Year 2, Program Year 3, Program Year 4, Program Year 5, or any of calendar years 2008 through 2014.''. (c) Conforming Amendments.--The Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended-- (1) in section 102(7)(F)-- (A) by inserting ``and each Program Year thereafter'' before ``, the value''; and (B) by striking ``preceding Program Year 5'' and inserting ``preceding that Program Year''; (2) in section 103(e)(1)(A), by inserting ``and each Program Year thereafter'' after ``Year 5''; (3) in section 103(e)(1)(B)(ii), by inserting before the period at the end ``and any Program Year thereafter''; (4) in section 103(e)(2)(A), by striking ``of Program Years 2 through 5'' and inserting ``Program Year thereafter''; (5) in section 103(e)(3), by striking ``of Program Years 2 through 5,'' and inserting ``other Program Year''; and (6) in section 103(e)(6)(E), by inserting ``and any Program Year thereafter'' after ``Year 5''. SEC. 4. ANNUAL LIABILITY CAP. (a) In General.--Section 103(e)(2) of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended-- (1) in subparagraph (A)-- (A) by striking ``(until such time as the Congress may act otherwise with respect to such losses)''; and (B) in clause (ii), by striking ``that amount'' and inserting ``the amount of such losses''; and (2) in subparagraph (B), by inserting before the period at the end ``, except that, notwithstanding paragraph (1) or any other provision of Federal or State law, no insurer may be required to make any payment for insured losses in excess of its deductible under section 102(7) combined with its share of insured losses under paragraph (1)(A) of this subsection''. (b) Notice to Congress.--Section 103(e)(3) of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended-- (1) by adding at the end the following: ``The Secretary shall provide an initial notice to Congress not later than 15 days after the date of an act of terrorism, stating whether the Secretary estimates that aggregate insured losses will exceed $100,000,000,000.''; and (2) by striking ``and the Congress shall'' and all that follows through the end of the paragraph and inserting a period. (c) Regulations for Pro Rata Payments; Report to Congress.--Section 103(e)(2)(B) of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended-- (1) by striking ``For purposes'' and inserting the following: ``(i) In general.--For purposes''; and (2) by adding at the end the following: ``(ii) Regulations.--Not later than 240 days after the date of enactment of the Terrorism Risk Insurance Program Reauthorization Act of 2007, the Secretary shall issue final regulations for determining the pro rata share of insured losses under the Program when insured losses exceed $100,000,000,000, in accordance with clause (i). ``(iii) Report to congress.--Not later than 120 days after the date of enactment of the Terrorism Risk Insurance Program Reauthorization Act of 2007, the Secretary shall provide a report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives describing the process to be used by the Secretary for determining the allocation of pro rata payments for insured losses under the Program when such losses exceed $100,000,000,000.''. (d) Disclosure.--Section 103(b) of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended-- (1) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (2) by inserting after paragraph (2) the following: ``(3) in the case of any policy that is issued after the date of enactment of the Terrorism Risk Insurance Program Reauthorization Act of 2007, the insurer provides clear and conspicuous disclosure to the policyholder of the existence of the $100,000,000,000 cap under subsection (e)(2), at the time of offer, purchase, and renewal of the policy;''. (e) Surcharges.--Section 103(e) of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended-- (1) in paragraph (7)-- (A) in subparagraph (C), by inserting ``133 percent of'' before ``any mandatory recoupment''; and (B) by adding at the end the following: ``(E) Timing of mandatory recoupment.-- ``(i) In general.--If the Secretary is required to collect terrorism loss risk-spreading premiums under subparagraph (C)-- ``(I) for any act of terrorism that occurs on or before December 31, 2010, the Secretary shall collect all required premiums by September 30, 2012; ``(II) for any act of terrorism that occurs between January 1 and December 31, 2011, the Secretary shall collect 35 percent of any required premiums by September 30, 2012, and the remainder by September 30, 2017; and ``(III) for any act of terrorism that occurs on or after January 1, 2012, the Secretary shall collect all required premiums by September 30, 2017. ``(ii) Regulations required.--Not later than 180 days after the date of enactment of this subparagraph, the Secretary shall issue regulations describing the procedures to be used for collecting the required premiums in the time periods referred to in clause (i). ``(F) Notice of estimated losses.--Not later than 90 days after the date of an act of terrorism, the Secretary shall publish an estimate of aggregate insured losses, which shall be used as the basis for determining whether mandatory recoupment will be required under this paragraph. Such estimate shall be updated as appropriate, and at least annually.''; and (2) in paragraph (8)-- (A) in subparagraph (C)-- (i) by striking ``(including any additional amount included in such premium'' and inserting ``collected''; and (ii) by striking ``(D))'' and inserting ``(D)''; and (B) in subparagraph (D)(ii), by inserting before the period at the end ``, in accordance with the timing requirements of paragraph (7)(E)''. SEC. 5. ENHANCED REPORTS TO CONGRESS. (a) Study and Report on Insurance for Nuclear, Biological, Chemical, and Radiological Terrorist Events.--Section 108 of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended by adding at the end the following: ``(f) Insurance for Nuclear, Biological, Chemical, and Radiological Terrorist Events.-- ``(1) Study.--The Comptroller General of the United States shall examine-- ``(A) the availability and affordability of insurance coverage for losses caused by terrorist attacks involving nuclear, biological, chemical, or radiological materials; ``(B) the outlook for such coverage in the future; and ``(C) the capacity of private insurers and State workers compensation funds to manage risk associated with nuclear, biological, chemical, and radiological terrorist events. ``(2) Report.--Not later than 1 year after the date of enactment of the Terrorism Risk Insurance Program Reauthorization Act of 2007, the Comptroller General shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report containing a detailed statement of the findings under paragraph (1), and recommendations for any legislative, regulatory, administrative, or other actions at the Federal, State, or local levels that the Comptroller General considers appropriate to expand the availability and affordability of insurance for nuclear, biological, chemical, or radiological terrorist events.''. (b) Study and Report on Availability and Affordability of Terrorism Insurance in Specific Markets.--Section 108 of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended by adding at the end the following: ``(g) Availability and Affordability of Terrorism Insurance in Specific Markets.-- ``(1) Study.--The Comptroller General of the United States shall conduct a study to determine whether there are specific markets in the United States where there are unique capacity constraints on the amount of terrorism risk insurance available. ``(2) Elements of study.--The study required by paragraph (1) shall contain-- ``(A) an analysis of both insurance and reinsurance capacity in specific markets, including pricing and coverage limits in existing policies; ``(B) an assessment of the factors contributing to any capacity constraints that are identified; and ``(C) recommendations for addressing those capacity constraints. ``(3) Report.--Not later than 180 days after the date of enactment of the Terrorism Risk Insurance Program Reauthorization Act of 2007, the Comptroller General shall submit a report on the study required by paragraph (1) to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives.''. (c) Ongoing Reports.--Section 108(e) of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended-- (1) in paragraph (1)-- (A) by inserting ``ongoing'' before ``analysis''; and (B) by striking ``, including'' and all that follows through the end of the paragraph, and inserting a period; and (2) in paragraph (2)-- (A) by inserting ``and thereafter in 2010 and 2013,'' after ``2006,''; and (B) by striking ``subsection (a)'' and inserting ``paragraph (1)''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate. | Terrorism Risk Insurance Program Reauthorization Act of 2007 - (Sec. 2) Amends the Terrorism Risk Insurance Act to redefine an act of terrorism to eliminate the requirement that the individual or individuals committing a terrorist act be acting on behalf of any foreign person or foreign interest. (Sec. 3) Extends the Terrorism Risk Insurance Program through calendar 2014. (Sec. 4) States that no insurer may be required to make payment for insured losses in excess of its statutory deductible combined with its statutory share of insured losses. Requires the Secretary of the Treasury to: (1) notify Congress within 15 days of an act of terrorism on whether the Secretary estimates that aggregate insured losses will exceed $100 billion; (2) promulgate final regulations for determining the pro rata share of insured losses which exceed $100 billion; and (3) report to Congress on the process used to determine the allocation of pro rata payments when insured losses exceed $100 billion. Requires insurers to disclose to policyholders the $100 billion cap on their liability. Modifies the federal surcharge imposed to recoup federal financial assistance provided in connection with all acts of terrorism (or acts of war) during a Terrorism Insurance Program Year. Requires a terrorism loss risk-spreading premium in an amount equal to 133% (currently, 100%) of any mandatory recoupment amount for such period. Establishes deadlines for the collection of terrorism loss risk-spreading premiums for acts of terrorism occurring during specified periods. (Sec. 5) Directs the Comptroller General to study and report to certain congressional committees regarding: (1) the availability and affordability of insurance coverage for losses caused by terrorist attacks involving nuclear, biological, chemical, or radiological materials; (2) the outlook for such coverage in the future; and (3) the capacity of private insurers and state workers compensation funds to manage risk associated with such events. Directs the Comptroller General to study and report to certain congressional committees on whether there are specific markets in the United States with unique capacity constraints on the amount of terrorism risk insurance available. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Ted Weiss Memorial Health Care Fraud and Abuse Commission Act of 1993''. SEC. 2. ESTABLISHMENT OF NATIONAL HEALTH CARE FRAUD AND ABUSE COMMISSION. (a) In General.--There is established a commission to be known as the ``Ted Weiss Memorial Health Care Fraud and Abuse Commission'' (in this Act referred to as the ``Commission''). (b) Composition.--The Commission shall be composed of 18 members as follows: (1) Officials.-- (A) The Secretary of Health and Human Services (or the Secretary's designee). (B) The Inspector General of the Department of Health and Human Services (or the Inspector General's designee). (C) The Attorney General (or the Attorney General's designee). (D) The Director of the Federal Bureau of Investigation (or the Director's designee). (E) The Administrator of the Health Care Financing Administration (or the Administrator's designee). (2) Public members.--Thirteen members, appointed by the President, of which-- (A) one shall be an Attorney General of a State; (B) one shall be a representative of State medicaid fraud control programs; (C) one shall be a State official directly responsible for regulation of health insurance; (D) one shall be a representative of physicians; (E) one shall be a representative of hospital administrators; (F) one shall be a representative of health insurance companies; (G) one shall be a representative of employers who self-fund employee health benefit plans; (H) one shall be a representative of employers who purchase a health benefit plan from a health insurance company; (I) one shall be a representative of medicare carriers; (J) one shall be a representative of medicare peer review organizations; (K) one shall be a representative of health care consumers; (L) one shall be a representative of medicare beneficiaries; and (M) one shall be a representative of labor unions. In making appointments under this paragraph of an individual who is a representative of persons or organizations, the President shall consider the recommendations of national organizations that represent such persons or organizations. The President shall report to Congress, within 90 days after the date of the enactment of this Act, the names of the members appointed under this paragraph. (c) Terms.--Each member shall be appointed for the life of the Commission. A vacancy in the Commission shall be filled in the manner in which the original appointment was made. SEC. 3. FUNCTIONS OF COMMISSION. (a) In General.--The Commission shall-- (1) investigate the nature, magnitude, and cost of health care fraud and abuse in the United States, and (2) identify and develop the most effective methods of preventing, detecting, and prosecuting or litigating such fraud and abuse, with particular emphasis on coordinating public and private prevention, detection, and enforcement efforts. (b) Particulars.--Among other items, the Commission shall examine at least the following: (1) Mechanisms to provide greater standardization of claims administration in order to accommodate fraud prevention and detection. (2) Mechanisms to allow more freedom of health benefit plans to exchange information for coordinating case development and prosecution or litigation efforts, without undermining patient and provider privacy protections or violating anti- trust laws. (3) The extension to private health insurers of administrative remedies currently available to public insurers. (4) Mechanisms for private insurers to organize and finance investigation and litigation efforts when more than one insurer may have received fraudulent claims from a provider. (5) Creating a model State statute for establishing State insurance fraud units and State laws to strengthen insurers' ability to pursue and recover from fraudulent providers. (6) The need for regulation of new types of health care providers. (7) Criteria for physician referrals to facilities in which they (or family members) have a financial interest. (8) The availability of resources to law enforcement authorities to combat health care fraud and abuse. (c) Report.--After approval by a majority vote, a quorum being present, the Commission shall transmit to Congress a report on its activities. The report shall be transmitted not later than 18 months after the date that a majority of the public members of the Commission have been appointed. The report shall contain a detailed statement of the Commission's findings, together with such recommendations as the Commission considers appropriate. SEC. 4. ORGANIZATION AND COMPENSATION. (a) Organization.-- (1) Quorum.--A majority of the members of the Commission shall constitute a quorum but a lesser number may hold hearings. (2) Chairman.--The Commission shall elect one of its members to serve as chairman of the Commission. (3) Meetings.--The Commission shall meet at the call of the chairman or a majority of its members. Meetings of the Commission are open to the public under section 10(a)(10) of the Federal Advisory Committee Act, except that the Commission may conduct meets in executive session but only if a majority of the members of the Commission (a quorum being present) approve going into executive session. (b) Compensation of Members.--Members of the Commission shall serve without compensation, but shall be reimbursed for travel, subsistence, and other necessary expenses incurred in the performance of their duties as members of the Commission. SEC. 5. STAFF OF COMMISSION. (a) In General.--The Commission may appoint and fix the compensation of a staff director and such other additional personnel as may be necessary to enable the Commission to carry out its functions, without regard to the laws, rules, and regulations governing appointment and compensation and other conditions of service in the competitive service. (b) Detail of Federal Employees.--Upon request of the chairman, any Federal employee who is subject to such laws, rules, and regulations, may be detailed to the Commission to assist it in carrying out its functions under this Act, and such detail shall be without interruption or loss of civil service status or privilege. (c) Experts and Consultants.--The Commission 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 120 percent of the maximum annual rate of basic pay payable for GS-15 of the General Schedule. SEC. 6. AUTHORITY OF COMMISSION. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. The Commission may administer oaths or affirmations to witnesses appearing before it. (b) Obtaining Official Data.-- (1) In general.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the chairman of the Commission, the head of that department or agency shall furnish that information to the Commission. (2) Access to information.--Information obtained by the Commission is available to the public in the same manner in which information may be made available under sections 552 and 552a of title 5, United States Code. (c) Gifts, Bequests, and Devises.--The Commission may accept, use, and dispose of gifts, bequests, or devises of services or property for the purpose of aiding or facilitating the work of the Commission. (d) 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. (e) 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. (f) Subpoena Power.-- (1) In general.--The Commission may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence relating to any matter which the Commission is authorized to investigate under this Act. The attendance of witnesses and the production of evidence may be required from any place within the United States at any designated place of hearing within the United States. (2) Failure to obey a subpoena.--If a person refuses to obey a subpoena issued under paragraph (1), the Commission may apply to a United States district court for an order requiring that person to appear before the Commission to give testimony, produce evidence, or both, relating to the matter under investigation. The application may be made within the judicial district where the hearing is conducted or where that person is found, resides, or transacts business. Any failure to obey the order of the court may be punished by the court as civil contempt. (3) Service of subpoenas.--The subpoenas of the Commission shall be served in the manner provided for subpoenas issued by a United States district court under the Federal Rules of Civil Procedure for the United States district courts. (4) Service of process.--All process of any court to which application is to be made under paragraph (2) may be served in the judicial district in which the person required to be served resides or may be found. SEC. 7. TERMINATION. The Commission shall terminate 90 days after the date the report is submitted under section 3(c). SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Commission such sums as are necessary to carry out its functions, to remain available until expended. | Ted Weiss Memorial Health Care Fraud and Abuse Commission Act of 1993 - Establishes the Ted Weiss Memorial Commission on Health Care Fraud and Abuse to investigate the nature, magnitude, and cost of health care fraud and abuse and develop methods for its prevention, detection, prosecution, and litigation. Authorizes appropriations. |
SECTION 1. EXCLUSION FROM INCOME OF EMPLOYER HOMEOWNERSHIP ASSISTANCE. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items specifically excluded from gross income) is amended by inserting after section 139 the following new section: ``SEC. 139A. HOMEOWNERSHIP ASSISTANCE PROGRAMS. ``(a) Exclusion From Gross Income.-- ``(1) In general.--Gross income of an eligible employee does not include amounts paid or incurred by the employer of such employee for homeownership assistance provided to the employee if the assistance is furnished pursuant to a homeownership assistance program described in subsection (b). ``(2) Maximum exclusion.--The amount which may be excluded under paragraph (1) for homeownership assistance with respect to an eligible employee shall not exceed an amount equal to 10 percent of the maximum principal obligation for a mortgage insured under section 203 of the National Housing Act (12 U.S.C. 1709) (as determined in accordance with subsection (b) of such section) with respect to the residence purchased. ``(b) Homeownership Assistance Program.--For purposes of this section, a homeownership assistance program is a separate written plan of an employer for the exclusive benefit of all employees-- ``(1) under which the employer provides employees with homeownership assistance, and ``(2) which meets the requirements of paragraphs (2) through (6) of section 127(b). ``(c) Definitions; Special Rules.--For purposes of this section-- ``(1) Eligible employee.-- ``(A) In general.--The term `eligible employee' means an employee-- ``(i) with an adjusted gross income for the taxable year before the year in which the homeownership assistance is received which does not exceed-- ``(I) in the case of an individual described in subsection (c) or (d) of section 1, $40,000, ``(II) in the case of an individual described in section 1(b), $50,000, and ``(III) in the case of an individual described in section 1(a), $80,000, and ``(ii) who is a first-time homebuyer. ``(B) Cost-of-living adjustment.-- ``(i) In general.--In the case of any taxable year beginning in a calendar year after 2003, each dollar amount under subparagraph (A) shall be increased by an amount equal to-- ``(I) such dollar amount, multiplied by ``(II) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2002' for `calendar year 1992' in subparagraph (B) thereof. ``(ii) Rounding rule.--If any amount after adjustment under clause (i) is not a multiple of $1,000, such amount shall be rounded to the next lower multiple of $1,000. ``(2) First-time homebuyer.-- ``(A) In general.--The term `first-time homebuyer' means any individual if such individual (and if married, such individual's spouse) had no present ownership in a principal residence located in the local area during the 2-year period ending on the date of the purchase of the principal residence to which this section applies. ``(B) One-time only.--If an individual is treated as a first-time homebuyer with respect to any principal residence, such individual may not be treated as a first-time homebuyer with respect to any other principal residence. ``(C) Principal residence.--The term `principal residence' has the same meaning as when used in section 121, except such term shall not include a residence with a purchase price in excess of an amount equal to 90 percent of the maximum principal obligation for a mortgage insured under section 203 of the National Housing Act (12 U.S.C. 1709) (as determined in accordance with subsection (b) of such section) with respect to the residence. ``(3) Homeownership assistance.-- ``(A) In general.--The term `homeownership assistance' means any assistance which is used with respect to a principal residence located in the local area-- ``(i) to pay qualified acquisition costs (as defined in section 72(t)(8)(C)), but only if the payment is made-- ``(I) in the case of acquisition costs, before the close of the 120th day after the day on which such assistance is received, and ``(II) in the case of costs for constructing or reconstructing such residence, before the close of the 30th day after the day on which such construction is complete, or ``(ii) to pay for alterations, repairs, and improvements to such residence, but only if the payment is made before the close of the 120th day after the day on which such residence is purchased. ``(B) Financing assistance; discharge of indebtedness.-- ``(i) In general.--Except as provided in regulations, if the assistance provided under any homeownership assistance program consists of providing (or reducing the costs of) financing, such assistance shall be treated as homeownership assistance. ``(ii) Timing.--If the assistance consists of providing a loan and then discharging all or a portion of the loan upon completion of a required period of service, the assistance shall be treated as provided at the time such loan, or portion of such loan, is discharged. ``(4) Local area.--A residence shall be considered to be located in the local area with respect to the employee if such residence is not more than 50 miles from the employee's principal place of work. For purposes of this paragraph, the distance between two points shall be the shortest of the more commonly traveled routes between such two points. ``(5) Employee.--The term `employee' does not include a self-employed individual described in section 401(c)(1). ``(6) Test not applicable.--A homeownership assistance program shall not be held or considered to fail to meet any requirements of subsection (b) merely because of utilization rates for the different types of homeownership assistance made available under the program. ``(7) Relationship to current law.-- ``(A) Disallowance of excluded amounts as credit or deduction.--No deduction or credit shall be allowed to the employee under any other section of this chapter for any amount excluded from income by reason of this section. ``(B) Basis adjustment.--For purposes of this subtitle, if an exclusion is allowed under subsection (a) with respect to a residence, the basis of such residence shall be reduced by the amount of the exclusion.''. (b) Reporting Requirements.--Subsection (d)(1) of section 6039D of the Internal Revenue Code of 1986 (relating to returns and records with respect to certain fringe benefit plans) is amended by striking ``or 137'' and inserting ``137, or 139''. (c) Conforming Amendments.-- (1) The table of sections for part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 139 the following new item: ``139A. Homeownership assistance programs.''. (2) Subsection (a) of section 1016 of such Code (relating to adjustments to basis) is amended by striking ``and'' at the end of paragraph (27), by striking the period at the end of paragraph (28) and inserting ``, and'', and by adding at the end the following new paragraph: ``(29) in the case of a residence with respect to which amounts were excluded from income under section 139A, to the extent provided in section 139A(a).''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning December 31, 2002. | Amends the Internal Revenue Code to exclude from an eligible employee's gross income amounts paid or incurred by the employer of such employee as part of a homeownership assistance program meeting specified criteria. Sets as a maximum exclusion for one eligible employee an amount equal to 10 percent of the maximum principal obligation for a mortgage insured under the National Housing Act with respect to the residence purchased.Limits participation to first-time homebuyers with incomes below specified levels.Prohibits the exclusion for employees buying residences with prices in excess of 90 percent of the maximum principal obligation for a mortgage insured under the National Housing Act with respect to the residence.Reduces the basis in a residence by the amount of the exclusion. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``National Media Campaign to Prevent Underage Drinking Act of 2001''. SEC. 2. DEPARTMENT OF HEALTH AND HUMAN SERVICES, OFFICE OF PUBLIC HEALTH AND SCIENCE; PROGRAM FOR NATIONAL MEDIA CAMPAIGN TO PREVENT UNDERAGE DRINKING. Title XVII of the Public Health Service Act is amended by adding at the end the following section: ``national media campaign to prevent underage drinking ``Sec. 1711. (a) Requirement To Conduct a National Media Campaign.-- ``(1) In general.--The Secretary shall develop, implement, and conduct a national media campaign in accordance with this section for the purpose of reducing and preventing underage drinking in the United States. ``(2) Administration.--The Secretary shall carry out this section through the Office of Public Health and Science and in consultation with the Surgeon General of the Public Health Service. ``(3) Based on science.--The Secretary shall develop, implement, and conduct the national media campaign based upon reputable academic and scientific research on youth attitudes and the prevalence of underage drinking in the United States, as well as on the science and research on mass media prevention campaigns. ``(4) Supplement; not supplant.--In developing, implementing, and conducting the national media campaign, the Secretary shall supplement (and not supplant) existing efforts by State, local, private, and nonprofit entities to reduce and prevent underage drinking in the United States and shall coordinate with other Federal agencies and departments, including the Centers for Disease Control and Prevention, the National Institute on Alcohol Abuse and Alcoholism, the Substance Abuse and Mental Health Services Administration, the National Institute on Drug Abuse, the Department of Justice, the Department of Transportation, and the Office of National Drug Control Policy. ``(5) Targeting.--The Secretary shall, to the maximum extent feasible, use amounts available under subsection (e) for media that focuses on, or includes specific information on, prevention or treatment resources for consumers within specific geographic local areas. The Secretary shall ensure that the national media campaign includes messages that are language- appropriate and culturally competent to reach minority groups. ``(b) Use of Funds.-- ``(1) Advertising.--Of the amounts available under subsection (e), the Secretary shall devote sufficient funds to the advertising portion of the national media campaign to meet the stated reach and frequency goals of the campaign. ``(2) Authorized uses.-- ``(A) In general.--Amounts available under subsection (e) for the national media campaign may only be used for the development of the campaign and-- ``(i) the development of a comprehensive strategy planning document; ``(ii) the purchase of media time and space; ``(iii) talent reuse payments; ``(iv) out-of-pocket advertising production costs; ``(v) testing and evaluation of advertising; ``(vi) evaluation of the effectiveness of the media campaign; and ``(vii) the negotiated fees for the winning bidder on request for proposals issued by the Assistant Secretary for Health. ``(B) Certain uses.--In support of the primary goal of developing, implementing and conducting an effective advertising campaign, funds available under subsection (e) may be used for-- ``(i) partnerships with community, civic, and professional groups, and government organizations related to the media campaign; and ``(ii) entertainment industry collaborations to fashion underage-drinking prevention messages in motion pictures, television programming, popular music, interactive (Internet and new) media projects and activities, public information, news media outreach, and corporate sponsorship and participation. ``(3) Prohibitions.--None of the amounts available under subsection (e) may be obligated or expended-- ``(A) to supplant efforts of community-based coalitions to reduce and prevent underage drinking; ``(B) to supplant current pro bono public service time donated by national and local broadcasting networks; ``(C) for partisan political purposes; ``(D) to fund media campaigns that feature any elected officials, persons seeking elected office, cabinet level officials, or other Federal officials employed pursuant to section 213 of schedule C of title 5, Code of Federal Regulations, unless the Assistant Secretary for Health provides advance notice to the appropriations committees, the oversight committees, and the appropriate authorizing committees of the House of Representatives and the Senate; or ``(E) to fund or support advertising messages bearing any company or brand logos or other identifying corporate or trade information. ``(4) Matching requirement.--As a condition of each purchase of media time or space for the national media campaign, the Secretary shall require that the seller of the time or space provide non-Federal contributions to the national media campaign equal to 50 percent of the purchase price of the time or space, which may be contributions of funds, or in-kind contributions in the form of public service announcements specifically directed to reducing and preventing underage drinking. ``(c) Reports to Congress.-- ``(1) Comprehensive strategy.--Not later than 6 months after the date of the enactment of this section, the Secretary shall develop and submit to the Congress a comprehensive strategy that identifies the nature and extent of the problem of underage drinking, the scientific basis for the strategy, including a review of the existing scientific research, target audiences, goals and objectives of the campaign, message points that will be effective in changing attitudes and behavior, a campaign outline and implementation plan, an evaluation plan, and the estimated costs of implementation. ``(2) Annual reports.--The Secretary shall submit to the Congress each year a report on the activities for which amounts available under subsection (e) were obligated during the preceding year, including information for each quarter of such year, and on the specific parameters of the national media campaign including whether the campaign is achieving identified performance goals based on an independent evaluation. ``(3) Progress report.--Not later than one year after the date of the enactment of this section, the Secretary shall submit to the Congress a report on the progress of the national media campaign based on measurable outcomes provided to the Congress previously. ``(d) Definition.--For purposes of this section, the term `underage drinking' means any consumption of alcoholic beverages by individuals who have not attained the age at which (in the State involved) it is legal to purchase such beverages. ``(e) Funding.-- ``(1) Authorization of appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2002 through 2007. ``(2) Limitation regarding comprehensive strategy activities.--Of the amounts appropriated under paragraph (1), the Secretary may not expend more than $1,000,000 to carry out subsection (c)(1).''. | National Media Campaign to Prevent Underage Drinking Act of 2001 - Directs the Secretary of Health and Human Services to develop, implement, and conduct a national media campaign for the purpose of reducing and preventing underage drinking in the United States. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Loan Repayment Assistance Act of 2014''. SEC. 2. RESTORATION AND AN OPTION TO EXTEND THE START OF THE REPAYMENT PERIOD OF CERTAIN FEDERAL DIRECT LOANS. (a) Restoration of Interest Subsidy During First 6-Month Grace Period.--Section 428(a)(3)(A)(i)(I) of the Higher Education Act of 1965 (20 U.S.C. 1078(a)(3)(A)(i)(I)) is amended by inserting ``or, for a Federal Direct Stafford Loan for which the first disbursement is made on or after July 1, 2013, which accrues prior to the beginning of the repayment period of the loan (except for interest which accrues during the last 6 months prior to the beginning of such period, in the case of a student who makes an election under section 2(b)(2) of the Student Loan Repayment Assistance Act of 2014),'' before ``, or''. (b) Grace-Period Extension.-- (1) Amendment.--Section 428(b)(7) of the Higher Education Act of 1965 (20 U.S.C. 1078(b)(7)) is amended-- (A) in subparagraph (A), by inserting ``or, in the case of a student who makes an election under section 2(b)(2) of the Student Loan Repayment Assistance Act of 2014, 12 months'' after ``6 months''; and (B) in subparagraph (D), by inserting ``or, in the case of a student who makes an election under section 2(b)(2) of the Student Loan Repayment Assistance Act of 2014, the 12-month period'' after ``6-month period''. (2) Election of extended grace period for certain fdsl and fdus loans.--If the unemployment rate calculated by the Bureau of Labor Statistics is greater than the natural rate of unemployment (as established by the Board of Governors of the Federal Reserve System), the Secretary of Education shall provide an opportunity for each borrower who has a Federal Direct Stafford Loan or Federal Direct Unsubsidized Stafford Loan for which the first disbursement is made on or after July 1, 2013, to elect a 12-month grace period, in accordance with section 428(b)(7) of the Higher Education Act of 1965, as amended by this subsection, before beginning repayment. The Secretary shall-- (A) notify each such borrower of the opportunity for such an election not later than 45 days before the start of the borrower's repayment period, as determined under section 428(b)(7) of the Higher Education Act of 1965 as in effect on the day before the date of enactment of this Act; (B) advise each such borrower of the financial consequences of electing such 12-month grace period; and (C) not require such a borrower to accept a 12- month grace period in accordance with section 428(b)(7) of the Higher Education Act of 1965 (as amended by this subsection), unless the borrower specifically elects such 12-month grace period not later than 14 days before the start of the borrower's repayment period, as determined under section 428(b)(7) of the Higher Education Act of 1965 as in effect on the day before the date of enactment of this Act. SEC. 3. EXCLUSION FROM GROSS INCOME OF BENEFITS UNDER CERTAIN STUDENT LOAN PAYMENT ASSISTANCE PROGRAMS. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 127 the following new section: ``SEC. 127A. STUDENT LOAN PAYMENT ASSISTANCE PROGRAMS. ``(a) In General.--Gross income of a qualified employee does not include amounts paid or incurred by the employer for student loan payment assistance provided to such employee if the assistance is furnished pursuant to a program which is described in subsection (c). ``(b) Qualified Employee.--For purposes of this subsection, the term `qualified employee' means any employee who contributes (in addition to any amount excluded from gross income under this section) not less than $50 per month for payment of principal and interest on the loans subject to the student loan payment assistance program. ``(c) Limitations.-- ``(1) Assistance limitation.--The amount taken into account under subsection (a) with respect to an individual for student loan assistance with respect to student loan payments during a taxable year shall not exceed $6,000. ``(2) Earned income limitation.--The amount excluded from the income of an employee under subsection (a) for any taxable year shall not exceed the earned income of such employee for such taxable year. ``(d) Student Loan Payment Assistance Program.-- ``(1) In general.--For purposes of this section a student loan payment assistance program is a separate written plan of an employer for the exclusive benefit of his employees to provide such employees with student loan payment assistance which meets the requirements of paragraphs (2) through (10) of this subsection. If any plan would qualify as a student loan payment assistance program but for a failure to meet the requirements of this subsection, then, notwithstanding such failure, such plan shall be treated as a student loan payment assistance program in the case of employees who are not highly compensated employees. ``(2) Discrimination.--The contributions or benefits provided under the plan shall not discriminate in favor of employees who are highly compensated employees (within the meaning of section 414(q)). ``(3) Eligibility.--The program shall benefit employees who qualify under a classification set up by the employer and found by the Secretary not to be discriminatory in favor of employees described in paragraph (2). ``(4) Principal shareholders or owners.--Not more than 25 percent of the amounts paid or incurred by the employer for student loan payment assistance during the year may be provided for the class of individuals who are shareholders or owners (or their spouses or dependents), each of whom (on any day of the year) owns more than 5 percent of the stock or of the capital or profits interest in the employer. ``(5) No funding required.--A program referred to in paragraph (1) is not required to be funded. ``(6) Notification of eligible employees.--Reasonable notification of the availability and terms of the program shall be provided to eligible employees. ``(7) Statement of expenses.--The plan shall furnish to an employee, on or before January 31, a written statement showing the amounts paid or expenses incurred by the employer in providing student loan payment assistance to such employee during the previous calendar year. ``(8) Benefits.-- ``(A) In general.--A plan meets the requirements of this paragraph if the average benefits provided to employees who are not highly compensated employees under all plans of the employer is at least 55 percent of the average benefits provided to highly compensated employees under all plans of the employer. ``(B) Salary reduction agreements.--For purposes of subparagraph (A), in the case of any benefits provided through a salary reduction agreement, a plan may disregard any employees whose compensation is less than $25,000. For purposes of this subparagraph, the term `compensation' has the meaning given such term by section 414(q)(4), except that, under rules prescribed by the Secretary, an employer may elect to determine compensation on any other basis which does not discriminate in favor of highly compensated employees. ``(9) Contributions made directly to lender.--A plan meets the requirements of this paragraph if all benefits provided under the plan are paid directly to the holder of the indebtedness referred to in subsection (d)(1)(A)(i). ``(10) Matching contributions.--A plan which meets the requirements of paragraphs (2) through (9) shall not fail to be treated as a program described in this subsection merely because such plan provides for the employer to make matching contributions with respect to employee contributions. ``(e) Definitions and Special Rules.--For purposes of this section-- ``(1) Student loan payment assistance.-- ``(A) In general.--The term `student loan payment assistance' means the payment of principal or interest on-- ``(i) any indebtedness incurred by the employee solely to pay qualified higher education expenses (as defined in section 221) which-- ``(I) are paid or incurred within a reasonable period of time before or after the indebtedness was incurred, and ``(II) are attributable to education furnished during a period during which the employee was an eligible student, or ``(ii) any indebtedness used to refinance indebtedness described in clause (i). Such term shall not include any payment of principal or interest on indebtedness owed to a person who is related (within the meaning of section 267(b) or 707(b)(1)) to the taxpayer or to any person by reason of a loan under any qualified employer plan (as defined in section 72(p)(4)) or under any contract referred to in section 72(p)(5). ``(B) Eligible student.--The term `eligible student' has the meaning given such term by section 25A(b)(3). ``(C) Dependent.--The term `dependent' has the meaning given such term by section 152 (determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B) thereof). ``(2) Earned income.--The term `earned income' shall have the meaning given such term in section 32(c)(2), but such term shall not include any amounts paid or incurred by an employer for student loan payment assistance to an employee. ``(3) Employee.--The term `employee' includes, for any year, an individual who is an employee within the meaning of section 401(c)(1) (relating to self-employed individuals). ``(4) Employer.--An individual who owns the entire interest in an unincorporated trade or business shall be treated as his own employer. A partnership shall be treated as the employer of each partner who is an employee within the meaning of paragraph (3). ``(5) Attribution rules.-- ``(A) Ownership of stock.--Ownership of stock in a corporation shall be determined in accordance with the rules provided under subsections (d) and (e) of section 1563 (without regard to section 1563(e)(3)(C)). ``(B) Interest in unincorporated trade or business.--The interest of an employee in a trade or business which is not incorporated shall be determined in accordance with regulations prescribed by the Secretary, which shall be based on principles similar to the principles which apply in the case of subparagraph (A). ``(6) Utilization test not applicable.--A student loan payment assistance program shall not be held or considered to fail to meet any requirements of subsection (c) (other than paragraphs (4) and (8) thereof) merely because of utilization rates for the different types of assistance made available under the program. ``(7) Disallowance of excluded amounts as credit or deduction.--No deduction or credit shall be allowed to the employee under any other section of this chapter for any amount excluded from the gross income of the employee by reason of this section. ``(8) Treatment of salary reduction amounts.--Any matching contribution withheld from an employee under a student loan payment assistance program pursuant to a salary reduction agreement shall be treated for purposes of this title as an amount paid by the employee and not as an amount paid by the employer.''. (b) Conforming Amendments.--Sections 221(d)(2)(A), 414 (n)(3)(C) and (t)(2), 3121(a)(18), 3306(b)(13), 3401(a)(18), and 6039D(d)(1) of such Code are each amended by inserting ``127A,'' after ``127,''. (c) Clerical Amendment.--The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 127 the following new item: ``Sec. 127A. Student loan payment assistance programs.''. (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. DEDUCTION FOR STUDENT LOAN PAYMENTS WHICH ARE MATCHED BY AN EMPLOYER. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section: ``SEC. 224. DEDUCTION FOR STUDENT LOAN PAYMENTS WHICH ARE MATCHED BY AN EMPLOYER. ``(a) In General.--In the case of an individual who is a qualified employee (as defined in section 127A), there shall be allowed as a deduction an amount equal to the student loan payments made by such individual with respect to which an employer of such individual makes matching contributions under a student loan payment assistance program which are excludible from the gross income of such employee under section 127A. ``(b) Annual Limitation.--The amount allowable as a deduction under subsection (a) with respect to any individual for any taxable year shall not exceed $6,000. ``(c) Lifetime Limitation.--The amount allowable as a deduction under subsection (a) with respect to any individual for any taxable year shall not exceed the excess of-- ``(1) $50,000, over ``(2) the aggregate amount allowable as a deduction under subsection (a) with respect to such individual for all prior taxable years. ``(d) Denial of Double Benefit.--Any amount excluded from the gross income of an individual under section 127A shall not be treated as an amount paid by such individual for purposes of this section. The amount of principal and interest with respect to which a deduction is allowed under this section shall not be taken into account in determining the amount of any other deduction or credit allowed under this chapter.''. (b) Clerical Amendment.--The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by redesignating the item relating to section 224 as an item relating to section 225 and by inserting after the item relating to section 223 the following new item: ``Sec. 224. Deduction for student loan payments which are matched by an employer.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. | Student Loan Repayment Assistance Act of 2014 - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to allow borrowers of William D. Ford Federal Direct Stafford Loans to opt to extend the period before they must begin to repay such loans to one year after they cease to carry at least one-half the normal full-time academic workload if the unemployment rate is greater than the natural rate of employment (as established by the Board of Governors of the Federal Reserve System). (Currently, the repayment period for Direct Stafford Loans begins six months after borrowers cease to carry at least one-half the normal full-time academic workload.) Subsidizes the interest that accrues on Direct Stafford Loans for the first six months of that extended grace period. Makes this Act applicable to Direct Stafford Loans first disbursed on or after July 1, 2013. Amends the Internal Revenue Code to exclude from the gross income of an employee amounts paid by an employer under a student loan payment assistance program. Requires participating employees to pay at least $50 per month on their student loans (in addition to the amount excluded from their gross income under such program). Limits the amount of such exclusion to $6,000 in a taxable year. Requires an employer student loan payment assistance program to be a separate written plan of an employer to provide employees with student loan payment assistance. Defines "student loan payment assistance" as the payment of principal or interest on any indebtedness incurred by an employee solely to pay qualified higher education expenses that are paid or incurred within a reasonable time before or after such indebtedness was incurred and that are attributable to education furnished during a period in which such employee was a student eligible for federal financial assistance. Allows an employee to take an income tax deduction in an amount equal to the employee's student loan payments that are matched by excludible employer contributions under a student loan payment assistance program. Limits the amount of such deduction to $6,000 in a taxable year and $50,000 over a lifetime. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Sexual Assault Forensic Evidence Reporting Act of 2017'' or the ``SAFER Act of 2017''. SEC. 2. BEST PRACTICES FOR RAPE KIT RETENTION OF SEXUAL ASSAULT FORENSIC EVIDENCE FOR UNSOLVED CRIMES. (a) In General.--Section 414 of the Justice for All Act of 2004 (42 U.S.C. 14136f) is amended-- (1) in subsection (a)-- (A) in the matter preceding paragraph (1)-- (i) by inserting ``and the Director of the Bureau of Justice Assistance'' after ``Justice''; and (ii) by striking ``and government'' and inserting ``, government''; and (iii) by inserting ``and other national and State subject matter experts,'' before ``shall''; and (B) in paragraph (1)-- (i) by inserting ``and encourage compliance with'' after ``establish''; and (ii) by inserting ``connected to cases in which no person is currently convicted, including best practices for the preservation of sexual assault evidence collection kits or their probative contents for unsolved cases'' before the semicolon at the end; (2) by striking subsection (b) and inserting the following: ``(b) Deadlines.--The Director of the National Institute of Justice and the Director of the Bureau of Justice Assistance shall-- ``(1) not later than December 31, 2018, publish the best practices established under subsection (a)(1); and ``(2) not later than 5 years after the date on which the best practices are established under subsection (a)(1), and once every 5 years thereafter, conduct a review of the best practices, and update the best practices as necessary.''; and (3) in subsection (c), by inserting ``, except as otherwise required under section 3772 of title 18, United States Code'' before the period at the end. (b) Sexual Assault Survivors' Rights.--Section 3772(a)(2)(A) of title 18, United States Code, is amended by striking ``subject to paragraph (3),''. SEC. 3. PEDIATRIC SEXUAL ASSAULT NURSE EXAMINERS. Section 304(c)(2) of the DNA Sexual Assault Justice Act of 2004 (42 U.S.C. 14136a) is amended-- (1) by inserting ``, both adult and pediatric,'' after ``role of forensic nurses''; and (2) by striking ``and elder abuse'' and inserting ``elder abuse, and, in particular, the need for pediatric sexual assault nurse examiners, including such nurse examiners working in the multidisciplinary setting, in responding to abuse of both children and adolescents''. SEC. 4. PROSECUTION OF DNA COLD CASES. (a) Debbie Smith DNA Backlog Grant Program.--Section 2 of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135) is amended-- (1) in subsection (a), by adding at the end the following: ``(9) To increase the capacity of State and local prosecution offices to address the backlog of violent crime cases in which suspects have been identified through DNA evidence.''; and (2) in subsection (c), by adding at the end the following: ``(5) Allocation of grant awards for prosecutors.--For each fiscal year, not less than 5 percent, but not more than 7 percent, of the grant amounts distributed under paragraph (1) shall, if sufficient applications to justify such amounts are received by the Attorney General, be awarded for purposes described in subsection (a)(9), provided that none of the funds required to be distributed under this paragraph shall decrease or otherwise limit the availability of funds required to be awarded to States or units of local government under paragraph (3).''. (b) Justice for All Reauthorization Act of 2016.--Section 3(a) of the Justice for All Reauthorization Act of 2016 (Public Law 114-324; 130 Stat. 1949) is amended-- (1) in paragraph (1), by striking ``and'' at the end; (2) in paragraph (2), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(3) not less than 5 percent, but not more than 7 percent, of such amounts shall be provided for grants for prosecutors to increase the capacity of State and local prosecution offices to address the backlog of violent crime cases in which suspects have been identified through DNA evidence.''. SEC. 5. REDUCING THE RAPE KIT BACKLOG. (a) Reauthorization.--Section 2(c)(4) of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135(c)(4)) is amended by striking ``2017'' and inserting ``2022''. (b) Repeal of Sunset.-- (1) In general.--Section 1006 of the SAFER Act of 2013 (42 U.S.C. 14135 note) is repealed. (2) Technical and conforming amendment.--The table of contents for the Violence Against Women Reauthorization Act of 2013 (Public Law 113-4; 127 Stat. 54) is amended by striking the item relating to section 1006. | Sexual Assault Forensic Evidence Reporting Act of 2017 or the SAFER Act of 2017 This bill amends the Innocence Protection Act of 2004 to modify requirements with respect establishing and implementing best practices for evidence retention. The bill amends the DNA Sexual Assault Justice Act of 2004 to require the Department of Justice (DOJ), in providing information about the role of forensic nurses to certain health-related entities, to provide information about the role of both adult and pediatric forensic nurses. DOJ must also provide additional information on the need for pediatric sexual assault nurse examiners in responding to the abuse of both children and adolescents. The bill amends the DNA Analysis Backlog Elimination Act of 2000 to modify the Debbie Smith DNA Backlog Grant Program: to add, as a purpose area, increasing the capacity of prosecutors to address the backlog of violent crime cases involving suspects identified through DNA evidence; and to reauthorize through FY2022 the requirement for DOJ to allocate a certain percentage of program funds for grants to audit backlogged rape kits. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Offshore Lease Fairness Act''. SEC. 2. INCREASED REVENUE SHARING WITH STATES FOR LEASES WITHIN 3 MILES OF THE COAST LINE. (a) Leases for Activities Authorized in OCS Lands Act.--Section 8(g)(2) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(g)(2)) is amended by inserting after ``27 percent of those revenues,'' the following: ``or, for leases entered into after the date of enactment of the Offshore Lease Fairness Act, 50 percent of those revenues,'' (b) Leases for Energy-Related Activities.--Section 8(p)(2)(B) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(p)(2)(B)) is amended by inserting after ``27 percent of the revenues received by the Federal Government as a result of payments under this section'' the following: ``, or, for any lease, easement, or right-of-way granted after the date of enactment of the Offshore Lease Fairness Act, 50 percent of those revenues,''. SEC. 3. INCREASED REVENUE SHARING WITH STATES FOR LEASES BEYOND 3 MILES OF THE COAST LINE. (a) Definition of New Outer Continental Shelf Revenues.--Section 102 of the Gulf of Mexico Energy Security Act of 2006 (Public Law 109- 432; 43 U.S.C. 1331 note) is amended-- (1) by redesignating paragraphs (9) through (11) as paragraphs (10) through (12), respectively; (2) by inserting after paragraph (8) the following new paragraph: ``(9) New outer continental shelf revenues.-- ``(A) In general.--The term `new outer Continental Shelf revenues' means all rentals, royalties, bonus bids, and other sums received by the United States from leases entered into after the period described in paragraph (10)(A)(i) for areas on the outer Continental Shelf (as defined in section 2(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1331(a)). ``(B) Exclusions.--The term `new outer Continental Shelf revenues' does not include revenues and other amounts described in paragraph (10)(B).''; and (3) in subparagraph (A) of paragraph (10) (as redesignated by paragraph (1) of this subsection)-- (A) in clause (i), by striking ``due and payable to the United States'' and all that follows through ``on or after the date of enactment of this Act'' and inserting ``received by the United States from leases entered into in the period beginning on December 20, 2006, and ending on the date of enactment of the Offshore Lease Fairness Act''; and (B) in clause (ii), by striking ``on or after the date of enactment of this Act'' and inserting ``in the period described in clause (i)''. (b) Disposition of New Outer Continental Shelf Revenues.--The Gulf of Mexico Energy Security Act of 2006 (Public Law 109-432; 43 U.S.C. 1331 note) is amended by adding at the end the following new sections: ``SEC. 106. DISPOSITION OF NEW OUTER CONTINENTAL SHELF REVENUES. ``(a) Disposition of Revenues.--Notwithstanding section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338) and subject to the other provisions of this section, for fiscal year 2010 and each fiscal year thereafter-- ``(1) 50 percent of new outer Continental Shelf revenues shall be deposited in the general fund of the Treasury; and ``(2) 50 percent of new outer Continental Shelf revenues shall be deposited in a special account in the Treasury, and the Secretary of the Treasury shall disburse such amount to coastal States under subsection (b). ``(b) Allocation Among Coastal States.--The amount made available under subsection (a)(2) shall be allocated to coastal States using rules substantially similar to the rules in paragraphs (1) and (2) of section 105(b), except that-- ``(1) references in such paragraphs to Gulf producing States shall be treated as references to coastal States; and ``(2) new outer Continental Shelf revenues from leases in the Gulf of Mexico, the Atlantic Ocean, the Pacific Ocean, and the Arctic Ocean may only be allocated to States that are in, or that border on, the Gulf of Mexico, the Atlantic Ocean, the Pacific Ocean, and the Arctic Ocean, respectively. ``SEC. 107. TIMING AND ADMINISTRATION OF DISPOSITION OF REVENUES. ``(a) Timing.--Amounts required to be deposited under sections 105(a)(2) and 106(a)(2) for a fiscal year shall be made available in accordance with those sections for the subsequent fiscal year. ``(b) Administration.--Amounts made available under sections 105(a)(2) and 106(a)(2) shall-- ``(1) be made available, without further appropriation, in accordance with this section; ``(2) remain available until expended; and ``(3) be in addition to any amounts appropriated under-- ``(A) the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.); ``(B) the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601-4 et seq.); or ``(C) any other provision of law.''. (c) Conforming Amendment.--Section 105 of the Gulf of Mexico Energy Security Act of 2006 (Public Law 109-432; 43 U.S.C. 1331 note) is amended-- (1) by striking subsections (c) and (e); and (2) by redesignating subsections (d) and (f) as subsections (c) and (d), respectively. | Offshore Lease Fairness Act - Amends the Outer Continental Shelf Lands Act to increase from 27% to 50% the revenues: (1) shared with states from leases within three miles of the coast line entered into after enactment of this Act; and (2) from energy-related activities for any lease, easement, or right-of-way granted after enactment of this Act. Amends the Gulf of Mexico Energy Security Act of 2006 to redefine current qualified Outer Continental Shelf revenues as sums received by the United States from leases entered into between December 20, 2006, and the date of enactment of this Act. Requires for FY2010 and each ensuing fiscal year that new outer Continental Shelf revenues be deposited: (1) 50% into the general fund of the Treasury; and (2) 50% into a special account in the Treasury for disbursement to coastal states by the Secretary of the Treasury. Restricts allocation of new outer Continental Shelf revenues from leases in the Gulf of Mexico, the Atlantic Ocean, the Pacific Ocean, and the Arctic Ocean to states that are in, or border on, such specified geographical areas. Prescribes requirements for the timing and administration of the disposition of revenues. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Lands Corps Healthy Forests Restoration Act of 2005''. SEC. 2. AMENDMENTS TO THE PUBLIC LANDS CORPS ACT OF 1993. (a) Definitions.--Section 203 of the Public Lands Corps Act of 1993 (16 U.S.C. 1722) is amended-- (1) by redesignating paragraphs (8), (9), (10), and (11) as paragraphs (9), (10), (11), and (13), respectively; (2) by inserting after paragraph (7) the following: ``(8) Priority project.--The term `priority project' means an appropriate conservation project conducted on eligible service lands to further 1 or more of the purposes of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6501 et seq.), as follows: ``(A) To reduce wildfire risk to a community, municipal water supply, or other at-risk Federal land. ``(B) To protect a watershed or address a threat to forest and rangeland health, including catastrophic wildfire. ``(C) To address the impact of insect or disease infestations or other damaging agents on forest and rangeland health. ``(D) To protect, restore, or enhance forest ecosystem components to-- ``(i) promote the recovery of threatened or endangered species; ``(ii) improve biological diversity; or ``(iii) enhance productivity and carbon sequestration.''; and (3) by inserting after paragraph (11) (as redesignated by paragraph (1)) the following: ``(12) Secretary.--The term `Secretary' means-- ``(A) with respect to National Forest System land, the Secretary of Agriculture; and ``(B) with respect to Indian lands, Hawaiian home lands, or land administered by the Department of the Interior, the Secretary of the Interior.''. (b) Qualified Youth or Conservation Corps.--Section 204(c) of the Public Lands Corps Act of 1993 (16 U.S.C. 1723(c)) is amended-- (1) by striking ``The Secretary of the Interior and the Secretary of Agriculture are'' and inserting the following: ``(1) In general.--The Secretary is''; and (2) by adding at the end the following: ``(2) Preference.-- ``(A) In general.--For purposes of entering into contracts and cooperative agreements under paragraph (1), the Secretary may give preference to qualified youth or conservation corps located in a specific area that have a substantial portion of members who are economically, physically, or educationally disadvantaged to carry out projects within the area. ``(B) Priority projects.--In carrying out priority projects in a specific area, the Secretary shall, to the maximum extent practicable, give preference to qualified youth or conservation corps located in that specific area that have a substantial portion of members who are economically, physically, or educationally disadvantaged.''. (c) Conservation Projects.--Section 204(d) of the Public Lands Corps Act of 1993 (16 U.S.C. 1723(d)) is amended-- (1) in the first sentence-- (A) by striking ``The Secretary of the Interior and the Secretary of Agriculture may each'' and inserting the following: ``(1) In general.--The Secretary may''; and (B) by striking ``such Secretary'' and inserting ``the Secretary''; (2) in the second sentence, by striking ``Appropriate conservation'' and inserting the following: ``(2) Projects on indian lands.--Appropriate conservation''; and (3) by striking the third sentence and inserting the following: ``(3) Disaster prevention or relief projects.--The Secretary may authorize appropriate conservation projects and other appropriate projects to be carried out on Federal, State, local, or private land as part of a Federal disaster prevention or relief effort.''. (d) Conservation Centers and Program Support.--Section 205 of the Public Lands Corps Act of 1993 (16 U.S.C. 1724) is amended-- (1) by striking the heading and inserting the following: ``SEC. 205. CONSERVATION CENTERS AND PROGRAM SUPPORT.''; (2) by striking subsection (a) and inserting the following: ``(a) Establishment and Use.-- ``(1) In general.--The Secretary may establish and use conservation centers owned and operated by the Secretary for-- ``(A) use by the Public Lands Corps; and ``(B) the conduct of appropriate conservation projects under this title. ``(2) Assistance for conservation centers.--The Secretary may provide to a conservation center established under paragraph (1) any services, facilities, equipment, and supplies that the Secretary determines to be necessary for the conservation center. ``(3) Standards for conservation centers.--The Secretary shall-- ``(A) establish basic standards of health, nutrition, sanitation, and safety for all conservation centers established under paragraph (1); and ``(B) ensure that the standards established under subparagraph (A) are enforced. ``(4) Management.--As the Secretary determines to be appropriate, the Secretary may enter into a contract or other appropriate arrangement with a State or local government agency or private organization to provide for the management of a conservation center.''; and (3) by adding at the end the following: ``(d) Assistance.--The Secretary may provide any services, facilities, equipment, supplies, technical assistance, oversight, monitoring, or evaluations that are appropriate to carry out this title.''. (e) Living Allowances and Terms of Service.--Section 207 of the Public Lands Corps Act of 1993 (16 U.S.C. 1726) is amended-- (1) by striking subsection (a) and inserting the following: ``(a) Living Allowances.--The Secretary shall provide each participant in the Public Lands Corps and each resource assistant with a living allowance in an amount established by the Secretary.''; and (2) by adding at the end the following: ``(c) Hiring.--The Secretary may-- ``(1) grant to a member of the Public Lands Corps credit for time served with the Public Lands Corps, which may be used toward future Federal hiring; and ``(2) provide to a former member of the Public Lands Corps noncompetitive hiring status for a period of not more than 120 days after the date on which the member's service with the Public Lands Corps is complete.''. (f) Funding.--The Public Lands Corps Act of 1993 is amended-- (1) in section 210 (16 U.S.C. 1729), by adding at the end the following: ``(c) Other Funds.--Amounts appropriated pursuant to the authorization of appropriations under section 211 are in addition to amounts allocated to the Public Lands Corps through other Federal programs or projects.''; and (2) by inserting after section 210 the following: ``SEC. 211. AUTHORIZATION OF APPROPRIATIONS. ``(a) Authorization of Appropriations.--There is authorized to be appropriated to carry out this title $15,000,000 for each of the fiscal years 2007 through 2011. Of the amounts appropriated for any fiscal year to carry out this title, not less than two-thirds shall be used to conduct priority projects. ``(b) Availability of Funds.--Notwithstanding any other provision of law, amounts appropriated for any fiscal year to carry out this title shall remain available for obligation and expenditure until the end of the fiscal year following the fiscal year for which the amounts are appropriated.''. (g) Conforming Amendments.--The Public Lands Corps Act of 1993 is amended-- (1) in section 204 (16 U.S.C. 1723)-- (A) in subsection (b)-- (i) in the first sentence, by striking ``Secretary of the Interior or the Secretary of Agriculture'' and inserting ``Secretary''; (ii) in the third sentence, by striking ``Secretaries'' and inserting ``Secretary''; and (iii) in the fourth sentence, by striking ``Secretaries'' and inserting ``Secretary''; and (B) in subsection (e), by striking ``Secretary of the Interior and the Secretary of Agriculture'' and inserting ``Secretary''; (2) in section 205 (16 U.S.C. 1724)-- (A) in subsection (b), by striking ``Secretary of the Interior and the Secretary of Agriculture'' and inserting ``Secretary''; and (B) in subsection (c), by striking ``Secretary of the Interior and the Secretary of Agriculture'' and inserting ``Secretary''; (3) in section 206 (16 U.S.C. 1725)-- (A) in subsection (a)-- (i) in the first sentence-- (I) by striking ``Secretary of the Interior and the Secretary of Agriculture are each'' and inserting ``Secretary is''; and (II) by striking ``such Secretary'' and inserting ``the Secretary''; (ii) in the third sentence, by striking ``Secretaries'' and inserting ``Secretary''; and (iii) in the fourth sentence, by striking ``Secretaries'' and inserting ``Secretary''; and (B) in the first sentence of subsection (b), by striking ``Secretary of the Interior or the Secretary of Agriculture'' and inserting ``the Secretary''; and (4) in section 210 (16 U.S.C. 1729)-- (A) in subsection (a)-- (i) in paragraph (1), by striking ``Secretary of the Interior and the Secretary of Agriculture are each'' and inserting ``Secretary is''; and (ii) in paragraph (2), by striking ``Secretary of the Interior and the Secretary of Agriculture are each'' and inserting ``Secretary is''; and (B) in subsection (b), by striking ``Secretary of the Interior and the Secretary of Agriculture'' and inserting ``Secretary''. | Public Lands Corps Healthy Forests Restoration Act of 2005 - Amends the Public Lands Corps Act of 1993 to: (1) allow the Secretary (the Secretary of Agriculture with respect to National Forest System land or the Secretary of the Interior with respect to Indian lands, Hawaiian home lands, or lands administered by the Department of the Interior) for purposes of entering into contracts and cooperative agreements under such Act, to give preference to qualified youth or conservation corps located in a specific area that have a substantial portion of members who are economically, physically, or educationally disadvantaged to carry out projects within the area; (2) require the Secretary, in carrying out priority projects (as defined by this Act) in a specific area, to give preference to qualified youth or conservation corps located in that specific area that have a substantial portion of such members; (3) allow the Secretary to authorize appropriate conservation projects and other appropriate projects to be carried out on federal, state, local, or private land as part of a federal disaster prevention or relief effort; (4) modify requirements for the establishment and use of conservation centers; (5) authorize the Secretary to provide any appropriate services, facilities, equipment, supplies, technical assistance, oversight, monitoring, or evaluations to carry out such Act; (6) require the Secretary to provide each participant in the Public Lands Corps and each resource assistant with a living allowance as established by the Secretary; and (7) permit the Secretary to grant members of the Public Lands Corps credit for time served with the Corps, which may be used toward future federal hiring and to provide to a former member of the Corps noncompetitive hiring status for a specified period after the date on which such member's service with the Corps is complete. Provides that amounts appropriated pursuant to the authorization of appropriations under this Act are in addition to amounts allocated to the Public Lands Corps through other federal programs or projects. Authorizes appropriations to carry out such Act. Instructs that not less than two-thirds of such appropriated amounts shall be used to conduct priority projects. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Health Care Affordability Act''. SEC. 2. CREDIT FOR MEDICAL EXPENSES FOR DEPENDENTS. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25B the following new section: ``SEC. 25C. MEDICAL EXPENSES FOR DEPENDENTS. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the expenses paid during the taxable year, not compensated for by insurance or otherwise, for medical care for any dependent of the taxpayer. ``(b) Limitations.-- ``(1) In general.--Except as provided in paragraph (2), the credit allowed by this section shall not exceed $500 per dependent for any taxable year. ``(2) Increased credit for terminal diseases, etc.--In the case of expenses for medical care of a dependent who has a terminal disease, cancer (whether or not in remission), a disability, or any other health condition requiring hospitalization or other forms of specialized care, the credit allowed by this section shall not exceed $3,000 for each such dependent for any taxable year. ``(c) Portion of Credit Refundable.-- ``(1) In general.--The aggregate credits allowed to a taxpayer under subpart C shall be increased by the lesser of-- ``(A) the credit which would be allowed under this section without regard to this subsection and the limitation under section 26(a), or ``(B) the amount by which the aggregate amount of credits allowed by this subpart (determined without regard to this subsection) would increase if the limitation imposed by section 26(a) were increased by the the taxpayer's social security taxes for the taxable year. ``(2) Coordination with nonrefundable credit.--The amount of the credit allowed under this subsection shall not be treated as a credit allowed under this subpart and shall reduce the amount of credit otherwise allowable under subsection (a) without regard to section 26(a). ``(d) Definitions.--For purposes of this section-- ``(1) Medical care.--The term `medical care' has the meaning given such term by section 213. ``(2) Dependent.--The term `dependent' has the meaning given such term by section 152. ``(3) Disability.--The term `disability' means a condition that requires qualified long-term care services (as defined in section 7702B(c)). ``(4) Social security taxes.--The term `social security taxes' has the meaning given such term by section 24(d)(2). ``(e) Exclusion of Amounts Allowed for Care of Certain Dependents.--Any expense allowed as a credit under section 21 shall not be treated as an expense paid for medical care under this section. ``(f) Adjustments for Inflation.-- ``(1) In general.--In the case of any taxable year beginning in a calendar year after 2003, the $500 amount contained in subsection (b)(1), and the $3,000 amount contained in subsection (b)(2), shall each be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins by substituting `calendar year 2002' for `calendar year 1992' in subparagraph (B) thereof. ``(2) Rounding.--If any increase determined under paragraph (1) is not a multiple of $10, such increase shall be rounded to the next highest multiple of $10. ``(g) Regulations.--The Secretary shall prescribe regulations to carry out this section, including regulations providing for claiming the credit under this section on Form 1040EZ.''. (b) Denial of Double Benefit for Medical Expenses Deduction.-- Subsection (e) of section 213 of such Code is amended by inserting ``or 25C'' after ``section 21''. (c) Conforming Amendments.-- (1) The table of sections for such subpart A is amended by inserting after the item relating to section 25B the following new item: ``Sec. 25C. Medical expenses for dependents.''. (2) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by striking ``section 35'' and inserting ``section 25C or 35''. (d) Effective Date.--The amendments made by this section shall apply to amounts paid after the date of the enactment of this Act in taxable years ending after such date. | Child Health Care Affordability Act - Amends the Internal Revenue Code to allow a tax credit for the medical expenses of a dependent. Limits the amount of such credit to $500 (adjusted for inflation) per dependent. Increases the amount of the credit to $3,000 (adjusted for inflation) for a dependent who has a terminal disease, cancer, a disability, or any other health condition requiring hospitalization or other forms of specialized care. (Coordinates the credit allowed by this Act with the income tax credit credit for household and dependent care services and the income tax deduction for medical expenses to prevent a double tax benefit.) |
SECTION 1. CONGRESSIONAL OFFICE OF INSPECTOR GENERAL. There is created an establishment of the Government to be known as the Congressional Office of Inspector General, which shall be independent of the executive departments and under the control and direction of the Speaker and minority leader of the House of Representatives. SEC. 2. PURPOSE AND ESTABLISHMENT OF OFFICE OF INSPECTOR GENERAL. The purpose of this Act is to create independent and objective units-- (1) to conduct and supervise audits and investigations relating to the office procedures and operations of each Member or committee of the House of Representatives and any other office of the House of Representatives whose employees are paid by the Clerk; (2) to provide leadership and coordination and recommend policies for activities designed (A) to promote economy, efficiency, and effectiveness in the administration of, and (B) to prevent and detect fraud and abuse in, such office procedures and operations; and (3) to provide a means for keeping each Member of Congress and the Congress fully and currently informed about problems and deficiencies relating to the administration of such office procedures and operations and the necessity for and progress of corrective action. SEC. 3. APPOINTMENT OF INSPECTOR GENERAL; SUPERVISION; REMOVAL; APPOINTMENT OF ASSISTANT INSPECTOR GENERAL FOR AUDITING AND ASSISTANT INSPECTOR GENERAL FOR INVESTIGATIONS. (a) Appointment.--There shall be at the head of the Office an Inspector General who shall be appointed by the Speaker of the House of Representatives and the minority leader of the House of Representatives, without regard to political affiliation and solely on the basis of integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations. Except as hereinafter provided in this section, the Inspector General shall hold office for 7 years. The Inspector General shall not be eligible for reappointment. (b) Supervision.--The Inspector General shall report to and be under the general supervision of the Speaker and the minority leader of the House of Representatives. The Speaker of the House shall not prevent or prohibit the Inspector General from initiating, carrying out, or completing any audit or investigation. (c) Removal.--The Inspector General may be removed from office by the Speaker and the minority leader of the House only for cause. (d) Assistants.--Each Inspector General shall in accordance with applicable laws and regulations governing employees of the House of Representatives-- (1) appoint an Assistant Inspector General for Auditing who shall have the responsibility for supervising the performance of auditing activities relating to office procedures and operations of each Member or committee of the House of Representatives and any other office of the House of Representatives whose employees are paid by the Clerk; and (2) appoint an Assistant Inspector General for Investigations who shall have the responsibility for supervising the performance of investigative activities relating to such office procedures and operations. SEC. 4. DUTIES AND RESPONSIBILITIES. (a) In General.--It shall be the duty and responsibility of the Inspector General, with respect to the House of Representatives-- (1) to provide for policy direction for and to conduct, supervise, and coordinate audits and investigations relating to the office procedures and operations of each Member or committee of the House of Representatives and any other office of the House of Representatives whose employees are paid by the Clerk; (2) to review existing and proposed rules of the House of Representatives and regulations relating to office procedures and operations of each Member or committee of the House of Representatives and any other office of the House of Representatives whose employees are paid by the Clerk and to make recommendations in the annual reports required concerning the impact of such rules or regulations on the economy and efficiency in the administration of office procedures and operations administered or financed by each Congressional office of the prevention and detection of fraud and abuse in such office procedures and operations; (3) to recommend policies for, and to conduct, supervise, or coordinate other activities carried out or financed by each Member or committee of the House of Representatives and any other office of the House of Representatives whose employees are paid by the Clerk for the purpose of promoting economy or efficiency in the administration of, or preventing and detecting fraud and abuse in, office procedures and operations; and (4) to keep the Congress fully and currently informed by means of the reports required and otherwise, concerning fraud and other serious problems, abuses, and deficiencies relating to the administration of office procedures and operations, and to report on the progress made in implementing such corrective action. (b) Audit Standards.--In carrying out the responsibilities each Inspector General shall comply with established standards for audits of Federal establishments, organizations, programs, activities, and functions. (c) Reports of Rules Violations.--In carrying out the duties and responsibilities established each Inspector General shall report expeditiously to the chairman and the ranking minority party member of the Committee on Standards and Official Conduct whenever the Inspector General has reasonable grounds to believe there has been a violation of the Rules of the House of Representatives. SEC. 5. ANNUAL REPORTS. (a) In General.--Each Inspector General shall, not later than October 31 of each year, prepare annual reports summarizing the activities of the Office during the immediately proceeding 12 month period ending September 30. Such report shall include, but need not be limited to-- (1) a description of significant problems, abuses, and deficiencies relating to the administration of office procedures and operations of each Member and committee of the House of Representatives and any other office of the House of Representatives whose employees are paid by the Clerk disclosed by such activities during the reporting period; (2) a description of the recommendations for corrective action made by the Office during the reporting period with respect to significant problems, abuses, or deficiencies identified pursuant to paragraph (1); (3) an identification of each significant recommendation described in previous annual reports on which corrective action has not been completed; (4) a summary of matters referred to the Committee on Standards of Official Conduct and the actions which have resulted; (5) a summary of each report made to the Speaker and minority leader of the House of Representatives under section 6(b) during the reporting period; (6) a listing, subdivided according to subject matter, of each audit report issued by the office during the reporting period and for each audit report, where applicable the total dollar value of questioned costs (including a separate category for the dollar value of unsupported costs) and the dollar value of recommendations that funds be put to better use; (7) a summary of each particularly significant report; (8) statistical tables showing the total number of audit reports and the total dollar value of questioned costs (including a separate category for the dollar value of unsupported costs), for audit reports-- (A) for which no management decision has been made by the commencement of the reporting period; (B) which were issued during the reporting period; and (C) for which a management decision was made during the reporting period, including-- (i) the dollar value of disallowed costs; and (ii) the dollar value of costs not disallowed; and (D) for which no management decision has been made by the end of the reporting period; (9) statistical tables showing the total number of audit reports and the dollar value of recommendations that funds be put to better use by management, for audit reports-- (A) for which no management decision had been made by the commencement of the reporting period; (B) which were issued during the reporting period; and (C) for which a management decision was made during the reporting period including-- (i) the dollar value of recommendations that were not agreed to by management; and (ii) the dollar value of recommendations that were not agreed to by management; and (D) for which no management decision has been made by the end of the reporting period. (10) a summary of each audit report issued before the commencement of the reporting period for which no management decision has been made by the end of the reporting period (including the date and title of each such report), an explanation of the reasons such management decision has not been made, and a statement concerning the desired timetable for achieving a management decision on each such report; and (11) information concerning any significant management decision with which the Inspector General is in disagreement. (b) Furnishing of Annual Report.--The annual report of the Inspector General shall be furnished to the Speaker and minority leader of the House of Representatives not later than October 31 of each year. (c) Report of Serious Problems.--The Inspector General shall report immediately to the Speaker and minority leader of the House of Representatives whenever the Inspector General becomes aware of particularly serious or flagrant problems, abuses, or deficiencies relating to the administration of office procedures and operations of any Member or committee of the House of Representatives and any other office of the House of Representatives whose employees are paid by the Clerk. (d) Definitions.--As used in this section-- (1) the term ``questioned cost'' means a cost that is questioned by the Office because of-- (A) an alleged violation of the Rules of the House of Representatives; (B) a finding that, at the time of the audit, such cost is not supported by adequate documentation; or (C) a finding that the expenditure of funds for the intended purpose is unnecessary or unreasonable; (2) the term ``unsupported costs'' means a cost that is questioned by the Office because the Office found that at the time of the audit, such cost is not supported by adequate documentation; (3) the term ``disallowed cost'' means a questioned cost that management, in a management decision, has sustained or agreed should not be charged to the House of Representatives; (4) the term ``recommendation that funds be put to better use'' means a recommendation by the Office that funds could be used more efficiently if management of a Member's office or House committee or other office took action to implement and complete the recommendation including-- (A) reductions in outlays; and (B) any other savings which are specifically identified; (5) the term ``management decision'' means the evaluation by the management of a Member's office or House committee or other office of the findings and recommendations included in an audit report and the issuance of a final decision by management concerning its response to such findings and recommendations, including actions concluded to be necessary; and (6) the term ``final action'' means-- (A) the completion of all actions that the management of a Member's office or House committee or other office has concluded in its management decision, are necessary with respect to the findings and recommendations included in the audit report; and (B) in the event that the management of a Member's office or House committee or other office concludes no action is necessary, final action occurs when a management decision has been made. SEC. 6. AUTHORITY OF INSPECTOR GENERAL. (a) In General.--In addition to the authority otherwise provided by this Act, the Inspector General in carrying out the provisions of this Act, is authorized-- (1) to have access to all records, reports, audits, reviews, documents, papers, recommendations, or other material available to the applicable Member's office or House committee or other office which relates to office procedures and operations with respect to which the Inspector General has responsibilities under this Act; (2) to make such investigations and reports relating to the administration of the office procedures and operations of the applicable Member's office or House committee or other office as are, in the judgment of the Inspector General, necessary or desirable; (3) to administer to or take from any person an oath, affirmation, or affidavit, whenever necessary in the performance of the functions assigned by this Act, employee of an Office of an Inspector General designated by the Inspector General shall have the same force and effect as if administered or taken by or before an officer having a seal; and (4) to have direct and prompt access to a Member or chairman of a House committee or head of any other office within the House of Representatives when necessary for any purpose pertaining to the performance of functions and responsibilities under this Act. (b) Report of Refusal.--Whenever information or assistance requested under subsection (a)(1) is, in the judgment of an Inspector General, unreasonably refused or not provided, the Inspector General shall report the circumstance to the Speaker and minority leader of the House of Representatives without delay. SEC. 7. COMPLAINTS BY EMPLOYEES; DISCLOSURE OF IDENTITY; REPRISALS. (a) Complaints.--The Inspector General may receive and investigate complaints or information from an employee of the House of Representatives concerning the possible existence of an activity constituting a violation of law, Rules of the House of Representatives, or mismanagement, gross waste of funds, abuse of authority or a substantial and specific danger to the public health and safety. (b) Disclosure of Identity.--The Inspector General shall not, after a receipt of a complaint or information from an employee, disclose the identity of the employee without the consent of the employee, unless the Inspector General determines such disclosure is unavoidable during the course of the investigation. (c) Reprisals.--Any employee who has authority to take, direct others to take, recommend or approve any personnel action, shall not, with respect to such authority, take or threaten to take any action against any employee as reprisal for making a complaint or disclosing information to an Inspector General, unless the complaint was made or the information disclosed with the knowledge that it was false or with willful disregard for its truth or falsity. SEC. 8. REPEALER. Clause 2 of rule VI of the Rules of the House of Representatives is repealed. | Creates the Congressional Office of Inspector General (Office), independent of the executive departments and under the control and direction of the Speaker and minority leader of the House of Representatives. Sets forth the functions of the Office. Makes an Inspector General (Inspector), to be appointed by the Speaker and minority leader, head of the Office for a seven-year term, unless removed by the Speaker and minority leader for cause. Makes the Inspector ineligible for reappointment. Requires the Inspector to appoint: (1) an Assistant Inspector General for Auditing to supervise the auditing of the office procedures and operations of each Member or committee of the House and any other House office whose employees are paid by the Clerk; and (2) an Assistant Inspector General for Investigations to supervise investigations of such office procedures and operations. Sets forth the duties and responsibilities of the Inspector. Requires each Inspector General to report annually to the Speaker and minority leader of the House. Authorizes the Inspector to receive and investigate complaints or information from a House employee concerning the possible existence of a violation of law or the Rules of the House, mismanagement, gross waste of funds, abuse or authority, or a substantial and specific danger to the public health and safety. Prohibits the Inspector, upon receiving the complaint or information, from disclosing the complainant's identity without the employee's consent, unless such disclosure is unavoidable during the course of the investigation. Prohibits any employee who has authority to take, directs others to take, or recommends or approves any personnel action from taking action against an employee as reprisal for making a complaint or disclosing information to an Inspector, unless the complaint was false and the complainant knew this or willfully disregarded truth or falsity. Repeals a provision of the Rules of the House which establishes and outlines the duties of an Inspector General. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting American Families and Businesses Act of 2011''. SEC. 2. EQUAL TREATMENT AMONG FOREIGN STATES. (a) Numerical Limitation to Any Single Foreign State.--Section 202(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1152(a)(2)) is amended-- (1) in the paragraph heading, by striking ``and employment- based''; (2) by striking ``(3), (4), and (5),'' and inserting ``(3) and (4),''; (3) by striking ``subsections (a) and (b) of section 203'' and inserting ``section 203(a)''; (4) by striking ``7'' and inserting ``15''; and (5) by striking ``such subsections'' and inserting ``such section''. (b) Conforming Amendments.--Section 202 of the Immigration and Nationality Act (8 U.S.C. 1152) is amended-- (1) in subsection (a)(3), by striking ``both subsections (a) and (b) of section 203'' and inserting ``section 203(a)''; (2) by striking subsection (a)(5); and (3) by amending subsection (e) to read as follows: ``(e) Special Rules for Countries at Ceiling.--If it is determined that the total number of immigrant visas made available under section 203(a) to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, in determining the allotment of immigrant visa numbers to natives under section 203(a), visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that, except as provided in subsection (a)(4), the proportion of the visa numbers made available under each of paragraphs (1) through (4) of section 203(a) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(a).''. (c) Country-Specific Offset.--Section 2 of the Chinese Student Protection Act of 1992 (8 U.S.C. 1255 note) is amended-- (1) in subsection (a), by striking ``subsection (e))'' and inserting ``subsection (d))''; and (2) by striking subsection (d) and redesignating subsection (e) as subsection (d). (d) Effective Date.--The amendments made by this section shall apply to fiscal years beginning with fiscal year 2013. (e) Transition Rules for Employment-Based Immigrants.-- (1) In general.--Subject to the succeeding paragraphs of this subsection and notwithstanding title II of the Immigration and Nationality Act (8 U.S.C. 1151 et seq.), the following rules shall apply: (A) For fiscal year 2013, 15 percent of the total number of immigrant visas made available under section 203(b) of such Act (8 U.S.C. 1153(b)) shall be allotted to immigrants who are natives of a foreign state or dependent area that was not one of the two states with the largest numbers of natives obtaining lawful permanent resident status during fiscal year 2011 under such section 203(b). (B) For fiscal year 2014, 10 percent of the total number of immigrant visas made available under such section 203(b) shall be allotted to immigrants who are natives of a foreign state or dependent area that was not one of the two states with the largest numbers of natives obtaining lawful permanent resident status during fiscal year 2012 under such section 203(b). (C) For fiscal year 2015, 10 percent of the total number of immigrant visas made available under such section 203(b) shall be allotted to immigrants who are natives of a foreign state or dependent area that was not one of the two states with the largest numbers of natives obtaining lawful permanent resident status during fiscal year 2013 under such section 203(b). (2) Per-country levels.-- (A) Reserved visas.--With respect to the visas reserved under each of subparagraphs (A) through (C) of paragraph (1), the number of such visas made available to natives of any single foreign state or dependent area in the appropriate fiscal year may not exceed 25 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas. (B) Unreserved visas.-- (i) In general.--With respect to the immigrant visas made available under such section 203(b) and not reserved under paragraph (1), for each of fiscal years 2013, 2014, and 2015, not more than the number of such visas calculated under clause (ii) shall be allotted to immigrants who are natives of any single foreign state. (ii) Calculation of number.--The numbers of visas calculated under this clause for a fiscal year is the number that is equal to 70 percent of the total number of immigrant visas made available under such section 203(b) for such fiscal year. (3) Rules for chargeability.--Section 202(b) of such Act (8 U.S.C. 1152(b)) shall apply in determining the foreign state to which an alien is chargeable for purposes of this subsection. SEC. 3. SPECIAL PROVISIONS IN CASES OF LENGTHY ADJUDICATIONS. (a) Employment-Based Immigrants.-- (1) In general.--Section 214 of the Immigration and Nationality Act (8 U.S.C. 1154) is amended by adding at the end the following: ``(s) Special Provisions in Cases of Lengthy Adjudications.-- ``(1) Exemption from limitations.--Notwithstanding subsections (c)(2)(D), (g)(4) and (m), the authorized stay of an alien described in paragraph (2) may be extended pursuant to paragraph (3) if 365 days or more have elapsed since the filing of any of the following: ``(A) An application for labor certification under section 212(a)(5)(A), in a case in which certification is required or used by an alien to obtain status under section 203(b). ``(B) A petition described in section 204(b) to accord the alien a status under section 203(b). ``(2) Aliens described.--An alien is described in this paragraph if the alien was previously issued a visa or otherwise provided nonimmigrant status under-- ``(A) section 101(a)(15)(F); ``(B) section 101(a)(15)(H)(i)(b); or ``(C) section 101(a)(15)(L). ``(3) Extension of status.--The Secretary of Homeland Security shall extend the stay of an alien who qualifies for an extension under paragraph (1) in one-year increments until such time as a final decision is made-- ``(A) to deny the application described in paragraph (1)(A), or, in a case in which such application is granted, to deny a petition described in paragraph (1)(B) filed on behalf of the alien pursuant to such grant; ``(B) to deny the petition described in paragraph (1)(B); or ``(C) to grant or deny the alien's application for an immigrant visa or adjustment of status to that of an alien lawfully admitted for permanent residence.''. (2) Providing dual intent for students.--Section 101(a)(15)(F)(i) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(F)(i)) is amended by striking ``having a residence in a foreign country which he has no intention of abandoning,''. (3) Conforming amendments.-- (A) Section 106 of the American Competitiveness in the 21st Century Act is amended by striking subsections (a) and (b). (B) Section 214(b) of the Immigration and Nationality Act (8 U.S.C. 1184(b)) is amended by striking ``(L) or (V)'' and inserting ``(F), (L) or (V)''. (C) Section 214(h) of the Immigration and Nationality Act (8 U.S.C. 1184(h)) is amended by striking ``(H)(i)(b)'' and inserting ``(F), (H)(i)(b)''. (b) Family-Based Immigrants.--Section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) is amended by adding at the end the following: ``(W) an alien who is the beneficiary (including a child of the principle alien, if eligible to receive a visa under section 203(d)) of an approved petition to accord a status under section 203(a)(2)(A) if 180 days or more have elapsed since the filing of such petition and-- ``(i) an immigrant visa is not immediately available to the alien because of a waiting list of applicants for visas under section 203(a)(2)(A); or ``(ii) the alien's application for an immigrant visa, or the alien's application for adjustment of status under section 245, pursuant to the approval of such petition, remains pending.''. SEC. 4. RECAPTURING IMMIGRANT VISAS LOST TO BUREAUCRATIC DELAY. (a) Employment-Based Immigrants.--Section 201(d) of the Immigration and Nationality Act (8 U.S.C. 1151(d)) is amended to read as follows: ``(d) Worldwide Level of Employment-Based Immigrants.-- ``(1) In general.--The worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to the sum of-- ``(A) 140,000; ``(B) the number computed under paragraph (2); and ``(C) the number computed under paragraph (3). ``(2) Previous fiscal year.--The number computed under this paragraph for a fiscal year is the difference, if any, between the maximum number of visas which may be issued under section 203(a) (relating to family-sponsored immigrants) during the previous fiscal year and the number of visas issued under that section during that year. ``(3) Unused visas.--The number computed under this paragraph is the difference, if any, between-- ``(A) the difference, if any, between-- ``(i) the sum of the worldwide levels established under paragraph (1) for fiscal years 1992 through 2011; and ``(ii) the number of visas actually issued under section 203(b), subject to this subsection, during such fiscal years; and ``(B) the number of visas actually issued after fiscal year 2011 pursuant to an immigrant visa number issued under section 203(b), subject to this subsection, during fiscal years 1992 through 2011.''. (b) Family-Sponsored Immigrants.--Section 201(c) of the Immigration and Nationality Act (8 U.S.C. 1151(c)) is amended to read as follows: ``(c) Worldwide Level of Family-Sponsored Immigrants.-- ``(1) In general.-- ``(A) Subject to subparagraph (B), the worldwide level of family-sponsored immigrants under this subsection for a fiscal year is equal to-- ``(i) 480,000 minus the number computed under paragraph (2); plus ``(ii) the sum of the number computed under paragraph (3) and the number computed under paragraph (4). ``(B) In no case shall the number computed under subparagraph (A)(i) be less than 226,000. ``(2) Immediate relatives.--The number computed under this paragraph for a fiscal year is the number of aliens described in subparagraph (A) or (B) of subsection (b)(2) who were issued immigrant visas, or who otherwise acquired the status of an alien lawfully admitted to the United States for permanent residence, in the previous fiscal year. ``(3) Previous fiscal year.--The number computed under this paragraph for a fiscal year is the difference, if any, between the maximum number of visas which may be issued under section 203(b) (relating to employment-based immigrants) during the previous fiscal year and the number of visas issued under that section during that year. ``(4) Unused visas.--The number computed under this paragraph is the difference, if any, between-- ``(A) the difference, if any, between-- ``(i) the sum of the worldwide levels established under paragraph (1) for fiscal years 1992 through 2011; and ``(ii) the number of visas actually issued under section 203(a), subject to this subsection, during such fiscal years; and ``(B) the number of visas actually issued after fiscal year 2011 pursuant to an immigrant visa number issued under section 203(a), subject to this subsection, during fiscal years 1992 through 2011.''. | Protecting American Families and Businesses Act of 2011 - Amends the Immigration and Nationality Act to: (1) eliminate the per country numerical limitation for employment-based immigrants, and (2) increase the per country numerical limitation for family based immigrants. Amends the Chinese Student Protection Act of 1992 to eliminate the provision requiring the reduction of annual Chinese (PRC) immigrant visas to offset status adjustments under such Act. Allows extensions of stay based upon a lengthy labor certification or priority adjudication for: (1) foreign students, (2) speciality occupation aliens, and (3) intracompany transfers. Eliminates the foreign residency requirement for certain foreign students. Provides for the recapture of unused employment-based and family-based immigrant visas. |
SECTION 1. CHARITABLE DONATIONS LIABILITY REFORM FOR IN-KIND CORPORATE CONTRIBUTIONS. (a) Definitions.--For purposes of this section: (1) Aircraft.--The term ``aircraft'' has the meaning provided that term in section 40102(6) of title 49, United States Code. (2) Business entity.--The term ``business entity'' means a firm, corporation, association, partnership, consortium, joint venture, or other form of enterprise. (3) Equipment.--The term ``equipment'' includes mechanical equipment, electronic equipment, and office equipment. (4) Facility.--The term ``facility'' means any real property, including any building, improvement, or appurtenance. (5) Gross negligence.--The term ``gross negligence'' means voluntary and conscious conduct by a person with knowledge (at the time of the conduct) that the conduct is likely to be harmful to the health or well-being of another person. (6) Intentional misconduct.--The term ``intentional misconduct'' means conduct by a person with knowledge (at the time of the conduct) that the conduct is harmful to the health or well-being of another person. (7) Motor vehicle.--The term ``motor vehicle'' has the meaning provided that term in section 30102(6) of title 49, United States Code. (8) Nonprofit organization.--The term ``nonprofit organization'' means-- (A) any organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; or (B) any not-for-profit organization organized and conducted for public benefit and operated primarily for charitable, civic, educational, religious, welfare, or health purposes. (9) 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, territory, or possession. (b) Liability.-- (1) Liability of business entities that donate equipment to nonprofit organizations.-- (A) In general.--Subject to subsection (c), a business entity shall not be subject to civil liability relating to any injury or death that results from the use of equipment donated by a business entity to a nonprofit organization. (B) Application.--This paragraph shall apply with respect to civil liability under Federal and State law. (2) Liability of business entities providing use of facilities to nonprofit organizations.-- (A) In general.--Subject to subsection (c), a business entity shall not be subject to civil liability relating to any injury or death occurring at a facility of the business entity in connection with a use of such facility by a nonprofit organization, if-- (i) the use occurs outside of the scope of business of the business entity; (ii) such injury or death occurs during a period that such facility is used by the nonprofit organization; and (iii) the business entity authorized the use of such facility by the nonprofit organization. (B) Application.--This paragraph shall apply-- (i) with respect to civil liability under Federal and State law; and (ii) regardless of whether a nonprofit organization pays for the use of a facility. (3) Liability of business entities providing use of a motor vehicle or aircraft.-- (A) In general.--Subject to subsection (c), a business entity shall not be subject to civil liability relating to any injury or death occurring as a result of the operation of aircraft or a motor vehicle of a business entity loaned to a nonprofit organization for use outside of the scope of business of the business entity, if-- (i) such injury or death occurs during a period that such motor vehicle or aircraft is used by a nonprofit organization; and (ii) the business entity authorized the use by the nonprofit organization of motor vehicle or aircraft that resulted in the injury or death. (B) Application.--This paragraph shall apply-- (i) with respect to civil liability under Federal and State law; and (ii) regardless of whether a nonprofit organization pays for the use of the aircraft or motor vehicle. (c) Exceptions.--Subsection (b) shall not apply to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct. (d) Superseding Provision.-- (1) In general.--Subject to paragraph (2) and subsection (e), this section preempts the laws of any State to the extent that such laws are inconsistent with this section, except that this section shall not preempt any State law that provides additional protection for a business entity for an injury or death described in a paragraph of subsection (b) with respect to which the conditions specified in such paragraph apply. (2) Limitation.--Nothing in this section shall be construed to supersede any Federal or State health or safety law. (e) Election of State Regarding Nonapplicability.--A provision of this section shall not apply to any civil action in a State court against a business entity in which all parties are citizens of the State if such State enacts a statute-- (1) citing the authority of this section; (2) declaring the election of such State that such provision shall not apply to such civil action in the State; and (3) containing no other provisions. (f) Effective Date.--This section shall apply to injuries (and deaths resulting therefrom) occurring on or after the date of the enactment of this Act. | Protects business entities from civil liability under Federal and State law for any injury or death resulting from: (1) the use of equipment donated to nonprofit organizations by such entities; (2) the authorized use of facilities made available to nonprofit organizations by such entities where the use occurs outside the scope of business; or (3) the authorized operation of aircraft or motor vehicles loaned to nonprofit organizations by such entities for use outside the scope of business. Creates an exception for injuries or death resulting from a business entity's gross negligence or intentional misconduct. Preempts inconsistent State laws unless such laws provide additional protection for business entities or the State elects not to be covered by this Act. Makes the provisions of this Act inapplicable to civil actions in State court where all parties are citizens of the State and the State has opted out of coverage by such election. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Victims of Rape Health Protection Act''. SEC. 2. BYRNE GRANT REDUCTION FOR NONCOMPLIANCE. (a) Grant Reduction for Noncompliance.--Section 506 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3756) is amended by adding at the end the following: ``(g) Sex Offender HIV Testing.-- ``(1) In general.--The funds available under this subpart for a State shall be reduced by 10 percent and redistributed under paragraph (2) unless the State demonstrates to the satisfaction of the Director that the laws or regulations of the State with respect to a defendant against whom an information or indictment is presented for a crime in which by force or threat of force the perpetrator compels the victim to engage in a sexual act (as defined in subsection (f)(3)(B)), the State requires as follows: ``(A) That the defendant be tested for HIV disease if-- ``(i) the nature of the alleged crime is such that the sexual act would have placed the victim at risk of becoming infected with HIV; and ``(ii) the victim requests the test. ``(B) That if the conditions specified in subparagraph (A) are met-- ``(i) the defendant undergo the test not later than-- ``(I) 24 hours after the date on which the information or indictment is presented; or ``(II) 24 hours after the request of the victim if that request is made after the date on which the information or indictment is presented; ``(ii) the results of the test shall be confidential except as provided in clause (iii) and except as otherwise provided under State law; and ``(iii) that as soon as is practicable the results of the test be made available to-- ``(I) the victim; and ``(II) the defendant (or if the defendant is a minor, to the legal guardian of the defendant). Nothing in this subparagraph shall be construed to bar a State from restricting the victim's disclosure of the defendant's test results to third parties as a condition of making such results available to the victim. ``(C) That if the defendant has been tested pursuant to subparagraph (B), the defendant, upon request of the victim, undergo such follow-up tests for HIV as may be medically appropriate, and that as soon as is practicable after each such test the results of the test be made available in accordance with subparagraph (B) (except that this subparagraph applies only to the extent that the individual involved continues to be a defendant in the judicial proceedings involved, or is convicted in the proceedings). ``(D) That, if the results of a test conducted pursuant to subparagraph (B) or (C) indicate that the defendant has HIV disease, such fact may, as relevant, be considered in the judicial proceedings conducted with respect to the alleged crime. ``(2) Redistribution.--Any funds available for redistribution shall be redistributed to participating States that comply with the requirements of paragraph (1). ``(3) Compliance.--The Attorney General shall issue regulations to ensure compliance with the requirements of paragraph (1).''. (b) Conforming Amendment.--Section 506(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3756(a)) is amended by striking ``subsection (f),'' and inserting ``subsections (f) and (g),''. (c) Funding.--Section 501(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3751(b)) is amended-- (1) in paragraph (25), by striking ``and'' after the semicolon; (2) in paragraph (26), by striking the period and inserting ``; and''; and (3) by inserting at the end the following: ``(27) programs to test defendants for HIV disease in accordance with the terms of subsection (g).''. (d) Effective Date.-- (1) Program.--The amendments made by subsections (a) and (b) shall take effect on the first day of the fiscal year succeeding the first fiscal year beginning 2 years after the date of the enactment of this Act. (2) Funding.--The amendment made by subsection (c) shall take effect on the date of enactment of this Act. | Victims of Rape Health Protection Act - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to reduce by ten percent the funds available to a State under the drug control (Byrne) grant program unless such State requires that the defendant be tested for HIV if the nature of the crime would have placed the victim at risk of HIV and the victim requests the test. Requires: (1) the defendant to be tested within 24 hours after the later of the date the information or indictment is presented or the time of the victim's request; (2) the test results to be confidential, with exceptions; and (3) the results to be made available as soon as practicable to the victim and to the defendant (or legal guardian, if the defendant is a minor). Requires: (1) the defendant to undergo any appropriate follow-up tests; (2) those test results to be made immediately available to the victim; and (3) if test results indicate that the defendant has HIV, such fact may be considered in the judicial proceedings conducted for the crime.Authorizes: (1) a State to restrict the victim's disclosure of the defendant's test results to third parties as a condition of making such results available to the victim; (2) funds reduced for noncompliance to be redistributed to complying States; and (3) grants for programs to test defendants for HIV disease. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Lethal Drug Abuse Prevention Act of 1998''. SEC. 2. LETHAL DRUG ABUSE PREVENTION. (a) Denial of Registration.--Section 303 of the Controlled Substances Act (21 U.S.C. 823) is amended by adding at the end the following: ``(i) Additional Ground for Denial of Registration--Assisted Suicide.--The Attorney General shall determine that registration of an applicant under this section is inconsistent with the public interest if-- ``(1) during the 5-year period immediately preceding the date on which the application is submitted under this section, the registration of the applicant under this section was revoked under section 304(a)(4); or ``(2) the Attorney General determines, based on clear and convincing evidence, that the applicant is applying for the registration with the intention of using the registration to take any action that would constitute a violation of section 304(a)(4).''. (b) Suspension or Revocation of Registration.-- (1) In general.--Section 304(a) of the Controlled Substances Act (21 U.S.C. 824(a)) is amended-- (A) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (B) by inserting after paragraph (3) the following: ``(4) has intentionally dispensed or distributed a controlled substance with a purpose of causing, or assisting in causing, the suicide or euthanasia of any individual, except that this paragraph does not apply to the dispensing or distribution of a controlled substance for the purpose of alleviating pain or discomfort (even if the use of the controlled substance may increase the risk of death), so long as the controlled substance is not also dispensed or distributed for the purpose of causing, or assisting in causing, the death of an individual for any reason;''. (2) Conforming amendment.--Section 304(a)(5) of the Controlled Substances Act (21 U.S.C. 824(a)(5)) (as redesignated by paragraph (1) of this subsection) is amended by inserting ``other'' after ``such'' the first place such term appears. (c) Pain Relief.--Section 304(c) of the Controlled Substances Act (21 U.S.C. 824(c)) is amended-- (1) by striking ``(c) Before'' and inserting the following: ``(c) Procedures.-- ``(1) Order to show cause.--Before''; and (2) by adding at the end the following: ``(2) Assisted suicide.-- ``(A) Burden of proof.--At any proceeding under paragraph (1), where the order to show cause is based on subsection (a)(4) for denial, revocation, or suspension of registration, the Attorney General shall have the burden of proving, by clear and convincing evidence, that the practitioner's intent was to dispense or distribute a controlled substance with a purpose of causing, or assisting in causing, the suicide or euthanasia of any individual. In meeting such burden it shall not be sufficient to prove that the registrant knew that the use of the controlled substance may increase the risk of death. ``(B) Request for review by Medical Advisory Board on Pain Relief.--At any proceeding under paragraph (1), where the order to show cause is based on subsection (a)(4) for denial, revocation, or suspension of registration, the practitioner may request, within 30 days after the receipt of the order to show cause, that the Medical Advisory Board on Pain Relief review, in accordance with paragraph (3), the administrative record of such proceeding as it relates to subsection (a)(4). ``(3) Medical advisory board on pain relief.-- ``(A) In general.--The Attorney General shall by regulation establish a board to be known as the Medical Advisory Board on Pain Relief (referred to in this paragraph as the `Board'). ``(B) Membership.--The Attorney General shall appoint the members of the Board-- ``(i) from among individuals who, by reason of specialized education or substantial relevant experience in pain management, are clinical experts with knowledge regarding standards, practices, and guidelines concerning pain relief; and ``(ii) after consultation with the American Medical Association, the American Academy of Pain Medicine, the American Pain Society, the American Academy of Hospice and Palliative Medicine, the National Hospice Organization, the American Geriatrics Society, and such other entities with relevant expertise concerning pain relief, as the Attorney General determines to be appropriate. ``(C) Duties of Board.--If in accordance with paragraph (2)(B) an applicant or registrant requests a review by the Board of the record of a proceeding under paragraph (1), the Board shall review the administrative record of such proceeding as it relates to subsection (a)(4) and issue to the Attorney General an advisory opinion as to whether the dispensing or distribution of the controlled substance at issue in the proceeding was for the purpose of alleviating pain or discomfort in a manner that does not constitute a violation of subsection (a)(4). The opinion of the Board under this subparagraph shall be part of the administrative record and shall be considered by the Attorney General in determining whether to deny, revoke, or suspend the registration involved.''. SEC. 3. CONSTRUCTION. (a) In General.--Nothing in this Act or the amendments made by this Act shall be construed to imply that the dispensing or distribution of a controlled substance before the date of enactment of this Act for the purpose of causing, or assisting in causing, the suicide or euthanasia of any individual is or is not a violation of the Controlled Substances Act (21 U.S.C. 801 et seq.). (b) Incorporated Definitions.--In this section, the terms ``controlled substance'', ``dispense'', and ``distribute'' have the meanings given those terms in section 102 of the Controlled Substances Act (21 U.S.C. 802). 105th CONGRESS 2d Session H. R. 4006 [Report No. 105-683, Part I] _______________________________________________________________________ A BILL To clarify Federal law to prohibit the dispensing or distribution of a controlled substance for the purpose of causing, or assisting in causing, the suicide or euthanasia of any individual. | Lethal Drug Abuse Prevention Act of 1998 - Amends the Controlled Substances Act (CSA) to require the Attorney General to determine that registration of an applicant to manufacture, distribute, conduct research with, or dispense a controlled substance or a list I chemical is inconsistent with the public interest if: (1) during the five-year period immediately preceding submission of the application, the applicant's registration was revoked for dispensing or distributing a controlled substance with a purpose of causing, or assisting in causing, the suicide or euthanasia of any individual; or (2) the Attorney General determines, based on clear and convincing evidence, that the applicant is applying for the registration with the intention of using such registration for such purpose. Authorizes the Attorney General to suspend or revoke a registration upon a finding that the registrant has intentionally dispensed or distributed a controlled substance for such purpose. Places upon the Attorney General the burden of proving, by clear and convincing evidence, in a proceeding to deny, revoke, or suspend a license, that the practitioner's intent was to cause or to assist in causing the suicide or euthanasia of any individual (but makes proof that the registrant knew that the use of such substance may increase the risk of death insufficient to meet such burden). Authorizes the practitioner to request review of the administrative record of such proceeding by the Medical Advisory Board on Pain Relief to be established by the Attorney General pursuant to this Act. Directs the Board, at the request of an applicant or registrant, to conduct such a review and issue an advisory opinion regarding whether a particular action at issue is an appropriate means to relieve pain or suffering that does not constitute a violation of this Act. Makes such opinion part of the administrative record which shall be considered by the Attorney General in determining whether to deny, revoke, or suspend the registration involved. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Cut, Cap, and Balance Act of 2011''. TITLE I--CUT SEC. 101. MODIFICATION OF THE CONGRESSIONAL BUDGET ACT. Title III of the Congressional Budget Act of 1974 is amended by inserting at the end the following: ``SEC. 316. DISCRETIONARY SPENDING LIMITS. ``(a) In General.--It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, or conference report that would cause the discretionary spending limits as set forth in this section to be exceeded. ``(b) Limits.--In this section, the term `discretionary spending limits' means for fiscal year 2012: for the discretionary category, $1,019,402,000,000 in new budget authority and $1,224,568,000,000 in outlays. ``(c) Adjustments.--After the reporting of a bill or joint resolution relating to the global war on terrorism described in subsection (d), or the offering of an amendment thereto or the submission of a conference report thereon-- ``(1) the chair of the House or Senate Committee on the Budget may adjust the discretionary spending limits provided in this section for purposes of congressional enforcement, the budgetary aggregates in the concurrent resolution on the budget most recently adopted by the Senate and the House of Representatives, and allocations pursuant to section 302(a) of the Congressional Budget Act of 1974, by the amount of new budget authority in that measure for that purpose and the outlays flowing therefrom; and ``(2) following any adjustment under paragraph (1), the House or Senate Committee on Appropriations may report appropriately revised suballocations pursuant to section 302(b) of the Congressional Budget Act of 1974 to carry out this subsection. ``(d) Global War on Terrorism.--If a bill or joint resolution is reported making appropriations for fiscal year 2012 that provides funding for the global war on terrorism, the allowable adjustments provided for in subsection (c) for fiscal year 2012 shall not exceed $126,544,000,000 in budget authority and the outlays flowing therefrom. ``SEC. 317. CERTAIN DIRECT SPENDING LIMITS. ``(a) In General.--It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, or conference report that includes any provision that would cause total direct spending, except as excluded in subsection (b), to exceed the limits specified in subsection (c). ``(b) Exempt From Direct Spending Limits.--Direct spending for the following functions is exempt from the limits specified in subsection (c): ``(1) Social Security, function 650. ``(2) Medicare, function 570. ``(3) Veterans Benefits and Services, function 700. ``(4) Net Interest, function 900. ``(c) Limits on Other Direct Spending.--The total combined outlays for all direct spending not exempted in subsection (b) for fiscal year 2012 shall not exceed $680,730,000,000.''. SEC. 102. STATUTORY ENFORCEMENT OF SPENDING CAPS THROUGH SEQUESTRATION. Title III of the Congressional Budget Act of 1974 is amended by inserting after section 317 the following new section: ``SEC. 318. ENFORCEMENT OF DISCRETIONARY AND DIRECT SPENDING CAPS. ``(a) Implementation.--The sequesters shall be implemented as follows: ``(1) Discretionary spending implementation.--For the discretionary limits in section 316 of the Congressional Budget Act of 1974, pursuant to section 251(a) of the Balanced Budget and Emergency Deficit Control Act of 1985 with each category sequestered separately. ``(2) Direct spending implementation.--(A) The sequestration to enforce this section for direct spending shall be implemented pursuant to section 254 of the Balanced Budget and Emergency Deficit Control Act of 1985. ``(B) Section 255 of the Balanced Budget and Control Act of 1985 shall not apply to this section, except that payments for military personnel accounts (within subfunctional category 051), TRICARE for Life, Medicare (functional category 570), military retirement, Social Security (functional category 650), veterans (functional category 700), net interest (functional category 900), and discretionary appropriations shall be exempt. ``(b) Modification of Presidential Order.-- ``(1) In general.--At any time after the Director of OMB issues a sequestration report under subsection (a) and section 319(c) the provisions of section 258A of the Balanced Budget and Emergency Deficit Control Act of 1985 shall apply to the consideration in the House of Representatives and the Senate of a bill or joint resolution to override the order if the bill or joint resolution, as enacted, would achieve the same level of reductions in new budget authority and outlays for the applicable fiscal year as set forth in the order. ``(2) Point of order.--In the House of Representatives or Senate, it shall not be in order to consider a bill or joint resolution which waives, modifies, or in any way alters a sequestration order unless the chair of the House or Senate Committee on the Budget certifies that the measure achieves the same levels of reductions in new budget authority and outlays for the applicable year as set forth in the order.''. TITLE II--CAP SEC. 201. LIMIT ON TOTAL SPENDING. (a) Definitions.--Section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking paragraph (4), redesignating the succeeding paragraphs accordingly, and adding the following new paragraph: ``(19) The term `GDP', for any fiscal year, means the gross domestic product during such fiscal year consistent with Department of Commerce definitions.''. (b) Caps.--The Congressional Budget Act of 1974 is amended by inserting after section 318 the following new section: ``SEC. 319. ENFORCING GDP OUTLAY LIMITS. ``(a) Enforcing GDP Outlay Limits.--In this section, the term `GDP outlay limit' means an amount, as estimated by OMB, equal to-- ``(1) projected GDP for that fiscal year as estimated by OMB, multiplied by ``(2) 21.7 percent for fiscal year 2013; 20.8 percent for fiscal year 2014; 20.2 percent for fiscal year 2015; 20.1 percent for fiscal year 2016; 19.9 percent for fiscal year 2017; 19.7 percent for fiscal year 2018; 19.9 percent for fiscal year 2019; 19.9 percent for fiscal year 2020; and 19.9 percent for fiscal year 2021. ``(b) GDP Outlay Limit and Outlays.-- ``(1) Determining the gdp outlay limit.--The Office of Management and Budget shall establish in the President's budget the GDP outlay limit for the budget year. ``(2) Total federal outlays.--In this section, total Federal outlays shall include all on-budget and off-budget outlays. ``(c) Sequestration.--The sequestration to enforce this section shall be implemented pursuant to section 254 of the Balanced Budget and Emergency Deficit Control Act of 1985. ``(d) Exempt Programs.--Section 255 of the Balanced Budget and Control Act of 1985 shall not apply to this section, except that payments for military personnel accounts (within subfunctional category 051), TRICARE for Life, Medicare (functional category 570), military retirement, Social Security (functional category 650), veterans (functional category 700), and net interest (functional category 900) shall be exempt.''. SEC. 202. ENFORCEMENT PROCEDURES UNDER THE CONGRESSIONAL BUDGET ACT OF 1974. (a) Enforcement.--Title III of the Congressional Budget Act of 1974 is amended by adding after section 319 the following new section: ``SEC. 320. ENFORCEMENT PROCEDURES. ``It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, or conference report that would cause the most recently reported current GDP outlay limits set forth in section 319 of the Congressional Budget Act of 1974 to be exceeded.''. (b) Table of Contents.--The table of contents in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after the item relating to section 315 the following new items: ``Sec. 316. Discretionary spending limits. ``Sec. 317. Certain direct spending limits. ``Sec. 318. Enforcement of discretionary and direct spending caps. ``Sec. 319. Enforcing GDP outlay limits. ``Sec. 320. Enforcement procedures.''. TITLE III--BALANCE SEC. 301. REQUIREMENT THAT A BALANCED BUDGET AMENDMENT BE SUBMITTED TO STATES. (a) In General.--The Secretary of the Treasury shall not exercise the additional borrowing authority provided under subsection (b) until the Archivist of the United States transmits to the States H.J. Res. 1 in the form reported on June 23, 2011, S.J. Res. 10 in the form introduced on March 31, 2011, or H.J. Res. 56 in the form introduced on April 7, 2011, a balanced budget amendment to the Constitution, or a similar amendment if it requires that total outlays not exceed total receipts, that contains a spending limitation as a percentage of GDP, and requires that tax increases be approved by a two-thirds vote in both Houses of Congress for their ratification. (b) Amendment to Title 31.--Effective on the date the Archivist of the United States transmits to the States H.J. Res 1 in the form reported, S.J. Res. 10 in the form introduced, or H.J. Res. 56 in the form introduced, a balanced budget amendment to the Constitution, or a similar amendment if it requires that total outlays not exceed total receipts, contains a spending limitation as a percentage of GDP, and requires tax increases be approved by a two-thirds vote in both Houses of Congress for their ratification, section 3101(b) of title 31, United States Code, is amended by striking the dollar limitation contained in such subsection and inserting $16,700,000,000,000. Passed the House of Representatives July 19, 2011. Attest: KAREN L. HAAS, Clerk. | Cut, Cap, and Balance Act of 2011 - Title I: Cut - (Sec. 101) Amends the Congressional Budget Act of 1974 (CBA) to make it out of order in both chambers to consider any bill, joint resolution, amendment, or conference report that would cause the discretionary spending limits established in this Act to be exceeded. Establishes the discretionary spending limits for FY2012 as $1,019,402,000,000 in new budget authority and $1,224,568,000,000 in outlays. Authorizes the Chairman of the Senate Committee on the Budget to adjust such limits, budgetary aggregates in the most recently adopted concurrent budget resolution, and CBA committee allocations if a bill or joint resolution is reported making appropriations for FY2012 that provides funding for the global war on terrorism. Makes it out of order in both chambers to consider any legislation that includes any provision that would cause total direct spending to exceed the spending limit specified in this Act. Exempts from such spending limits: (1) Social Security, function 650; (2) Medicare, function 570; (3) Veterans Benefits and Services, function 700; and (4) Net Interest, function 900. Makes $680.73 billion the limit on total combined outlays for all non-exempt direct spending for FY2012. (Sec. 102) Amends the CBA to prescribe requirements for implementing sequestration orders under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to enforce the discretionary and direct spending caps in this Act. Exempts from any sequestration orders: (1) payments for military personnel accounts (within subfunctional category 051), (2) TRICARE for Life, (3) Medicare (functional category 570), (4) military retirement, (5) Social Security (functional category 650), (6) veterans (functional category 700), (7) net interest (functional category 900), and (8) discretionary appropriations. Makes it out of order in both chambers to consider legislation which waives, modifies, or in any way alters a sequestration order unless the chair of the House or Senate Committee on the Budget certifies that the measure achieves the same levels of reductions in new budget authority and outlays for the applicable year in such order. Title II: Cap - (Sec. 201) Amends the CBA to prescribe requirements for enforcing GDP outlay limits. Requires: (1) the Office of Management and Budget (OMB) to establish in the President's budget the GDP outlay limit for the budget year, and (2) total federal outlays to include all on-budget and off-budget outlays. (Sec. 202) Amends the CBA to make it out of order in both chambers to consider any legislation that would cause the most recently reported current GDP outlay limits set forth in this Act to be exceeded. Title III: Balance - (Sec. 301) Prohibits the Secretary of the Treasury from exercising additional borrowing authority until the date that the Archivist of the United States transmits to the states for their ratification H.J. Res. 1 (as reported on June 23, 2011), S.J. Res. 10 (as introduced on March 31, 2011), or H.J. Res. 56 (as introduced on April 7, 2011), a balanced budget amendment to the Constitution, or a similar amendment if it requires that total outlays not exceed total receipts, contains a spending limitation as a percentage of GDP, and requires that tax increases be approved by a two-thirds vote in both chambers. Increases the public debt from $14.294 trillion to $16.7 trillion on the date such legislation is transmitted to the states. |
.--(1) For purposes of subsection (a) and this subsection, the term `joint resolution' means only a joint resolution introduced by a qualifying Member specified in paragraph (2) after the date on which the report of the President under subsection (b)(1) is received by the Congress-- ``(A) the matter after the resolving clause of which is as follows: `That the Congress hereby concurs in the certification of the President relating to deployment of a National Missile Defense system as submitted to Congress pursuant to section 4(b) of the National Missile Defense Act of 1999.'; ``(B) which does not have a preamble; and ``(C) the title of which is as follows: `Joint resolution relating to deployment of a National Missile Defense system.'. ``(2) For purposes of this subsection, a qualifying Member described in this paragraph is-- ``(A) in the case of the House of Representatives, the majority leader or minority leader of the House of Representatives or a Member of the House of Representatives designated by the majority leader or minority leader; and ``(B) in the case of the Senate, the majority leader or minority leader of the Senate or a Member of the Senate designated by the majority leader or minority leader. ``(3) The provisions of paragraphs (3) through (8) of section 4(c) of the National Missile Defense Deployment Criteria Act of 2000 shall apply to a joint resolution under this subsection in the same manner as to a joint resolution under such section.''. SEC. 4. LIMITATION ON OBLIGATION OF FUNDS FOR PROCUREMENT FOR NATIONAL MISSILE DEFENSE SYSTEM. (a) Limitation.--No funds appropriated to the Department of Defense for procurement may be obligated for the National Missile Defense system unless-- (1) the President submits to Congress a report concerning testing of the National Missile Defense system against countermeasures that includes a certification described in subsection (b); and (2) a joint resolution concurring in the President's certification in such report is enacted as provided for in this section. (b) Presidential Certification.--A certification described in this subsection is a certification by the President that-- (1) an adequate testing program for the National Missile Defense system is in place to meet the threats identified in the report required under section 3(c); (2) adequate ground and flight testing of the system has been conducted against the countermeasures that are likely to be used against the system and that other countries have or likely could acquire. (c) Expedited Procedures for Joint Resolution.--(1) For purposes of subsection (a) and this subsection, the term ``joint resolution'' means only a joint resolution introduced by a qualifying Member specified in paragraph (2) after the date on which the report of the President under subsection (b)(1) is received by the Congress-- (A) the matter after the resolving clause of which is as follows: ``That the Congress hereby concurs in the determination of the President relating to the establishment of a program for operationally realistic testing against countermeasures for a National Missile Defense system as submitted to Congress pursuant to section 4 of the National Missile Defense Deployment Criteria Act of 2000.''; (B) which does not have a preamble; and (C) the title of which is as follows: ``Joint resolution relating to establishment of a program for operationally realistic testing against countermeasures for a National Missile Defense system.''. (2) For purposes of this subsection, a qualifying Member described in this paragraph is-- (A) in the case of the House of Representatives, the majority leader or minority leader of the House of Representatives or a Member of the House of Representatives designated by the majority leader or minority leader; and (B) in the case of the Senate, the majority leader or minority leader of the Senate or a Member of the Senate designated by the majority leader or minority leader. (3) If a committee to which is referred a joint resolution described in paragraph (1) has not reported such joint resolution by the end of 60 legislative days of continuous session of Congress beginning on the date of its introduction, such committee shall be discharged from further consideration of such joint resolution and such joint resolution shall be placed on the appropriate calendar of the House involved. (4)(A) A joint resolution described in paragraph (1) shall be considered in the House of Representatives in accordance with this paragraph. When the committee to which such a joint resolution was referred has reported, or has been discharged from further consideration of, the joint resolution, it shall be in order, on or after the third calendar day thereafter (excluding Saturdays, Sundays, or legal holidays, except when the House of Representatives is in session on such a day) for any Member of the House to move to proceed to the consideration of the joint resolution, but only on the day after the calendar day on which the Member announces to the House the Member's intention to do so. Such motion is privileged and is not debatable. The motion is not subject to amendment or to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution is agreed to, the House shall immediately proceed to consideration of the joint resolution, which shall remain the unfinished business of the House until disposed of. (B) Debate on the joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than two hours, which shall be divided equally between those favoring and those opposing the joint resolution. An amendment to the joint resolution is not in order. A motion further to limit debate is in order and is not debatable. A motion to table, a motion to postpone, or a motion to recommit the joint resolution is not in order. A motion to reconsider the vote by which the joint resolution is agreed to or disagreed to is not in order. (C) Appeals from the decisions of the Chair with respect to the procedure relating to a joint resolution described in paragraph (1) shall be decided without debate. (5) A joint resolution described in paragraph (1) shall be considered in the Senate in accordance with the provisions of section 601(b)(4) of the International Security Assistance and Arms Export Control Act of 1976. (6) If, before the passage by one House of a joint resolution of that House described in paragraph (1), that House receives from the other House a joint resolution described in paragraph (1), then the following procedures shall apply: (A) The joint resolution of the other House shall not be referred to a committee and may not be considered in the House receiving it except in the case of final passage as provided in subparagraph (B)(ii). (B) With respect to a joint resolution described in paragraph (1) of the House receiving the joint resolution-- (i) the procedure in that House shall be the same as if no joint resolution had been received from the other House; but (ii) the vote on final passage shall be on the joint resolution of the other House. (C) Upon disposition of the joint resolution received from the other House, it shall no longer be in order to consider the joint resolution that originated in the receiving House. (7) In the computation of the period of 60 days referred to in paragraph (3)-- (A) a legislative day, with respect to a committee of either House to which a joint resolution was referred, is a calendar day on which that House is in session; and (B) continuity of session of Congress is broken only by an adjournment sine die at the end of the second session of a Congress. (8) The provisions of this subsection are enacted by the Congress-- (A) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and, as such, shall be considered as part of the rules of either House and shall supersede other rules only to the extent they are inconsistent therewith; and (B) with full recognition of the constitutional right of either House to change the rules so far as they relate to the procedures of that House at any time, in the same manner, and to the same extent as in the case of any other rule of that House. SEC. 5. OPERATIONALLY REALISTIC TESTING AGAINST COUNTERMEASURES FOR NATIONAL MISSILE DEFENSE. (a) Testing Requirements.--The Secretary of Defense shall direct the Ballistic Missile Defense Organization-- (1) to include in the ground and flight testing of the National Missile Defense system that is conducted before the system becomes operational any countermeasures (including decoys) that-- (A) are likely, or at least realistically possible, to be used against the system; and (B) are chosen for testing on the basis of what countermeasure capabilities a long-range missile could have and is likely to have, taking into consideration the technology that the country deploying the missile would have or could likely acquire; and (2) to determine the extent to which the exoatmospheric kill vehicle and the National Missile Defense system can reliably discriminate between warheads and such countermeasures. (b) Funding Requirements.--The Secretary, in consultation with the Director of the Ballistic Missile Defense Organization, shall-- (1) determine the amount of additional funding, if any, for the National Missile Defense system (in addition to that previously programmed) that may be necessary for the Secretary to fulfill the requirements set forth in subsection (a) in fiscal years after fiscal year 2001; and (2) submit that determination to the congressional defense committees at the same time that the President submits the budget for fiscal year 2002 to Congress under section 1105(a) of title 31, United States Code. (c) Report by Secretary of Defense.--(1) The Secretary of Defense shall submit to Congress, not later than April 15 each year, an annual report on the Department's efforts to establish a program for operationally realistic testing of the National Missile Defense system against countermeasures. The report shall be submitted in both classified and unclassified form. (2) Each such report shall include the Secretary's assessment of the following: (A) The countermeasures available to foreign countries with ballistic missiles that the National Missile Defense system could encounter in a launch of such missiles against the United States. (B) The ability of the National Missile Defense system to defeat such countermeasures, including the ability of the system to discriminate between countermeasures and reentry vehicles. (C) The plans to demonstrate the capability of the National Missile Defense system to defeat such countermeasures and the adequacy of the ground and flight testing to demonstrate that capability. (3) No annual report is required under this subsection after the National Missile Defense system becomes operational. (d) Independent Review Panel.--(1) The Secretary of Defense shall seek to arrange for the National Academy of Science to establish an independent panel to be composed of scientific and technical experts. (2) The Panel shall assess the following: (A) The countermeasures available for use against the United States National Missile Defense system. (B) The operational effectiveness of that system against those countermeasures. (C) The adequacy of the National Missile Defense flight testing program to demonstrate the capability of the system to defeat the countermeasures. (3) After conducting the assessment required under paragraph (2), the Panel shall evaluate-- (A) whether sufficient ground and flight testing of the system will have been conducted before the system becomes operational to support the making of a determination, with a justifiably high level of confidence, regarding the operational effectiveness of the system; (B) whether adequate ground and flight testing of the system will have been conducted, before the system becomes operational, against the countermeasures that are likely, or at least realistically possible, to be used against the system and that other countries have or likely could acquire; and (C) whether the exoatmospheric kill vehicle and the rest of the National Missile Defense system can reliably discriminate between warheads and such countermeasures. (4) Not later than April 15 each year, the Panel shall submit to the Secretary of Defense and to Congress a report on its assessments and evaluations. The report shall include any recommendations for improving the flight testing program for the National Missile Defense system or the operational capability of the system to defeat countermeasures that the Panel determines appropriate. (e) Countermeasure Defined.--In this section, the term ``countermeasure''-- (1) means any deliberate action taken by a country with long-range ballistic missiles to defeat or otherwise counter a United States National Missile Defense system; and (2) includes, among other actions-- (A) use of a submunition released by a ballistic missile soon after the boost phase of the missile; (B) use of anti-simulation, together with such decoys as Mylar balloons, to disguise the signature of the warhead; and (C) use of a shroud cooled with liquid nitrogen to reduce the infrared signature of the warhead. | Prohibits the President from directing DOD to deploy a system unless and until: (1) the President certifies to Congress that the above deployment conditions have been met; and (2) a joint resolution is enacted concurring in the President's certification. (Sec. 4) Prohibits DOD procurement funds from being obligated for a system unless: (1) the President certifies to Congress that adequate system tests have been undertaken to meet identified threats against countermeasures; and (2) a joint resolution is enacted concurring in the President's certification. Outlines procedures for the consideration of each joint resolution. (Sec. 5) Requires the Secretary of Defense to direct the Ballistic Missile Defense Organization to: (1) include specified system countermeasures in system ground and flight testing conducted before the system becomes operational; and (2) determine the extent to which the exoatmospheric kill vehicle and the system can reliably discriminate between warheads and such countermeasures. Directs the Secretary to determine the funding required for fiscal years after 2001 for such countermeasures testing, and to submit such determination to the congressional defense committees. Requires an annual report from the Secretary to Congress on DOD's efforts to establish a program for operationally realistic system testing against countermeasures. Terminate the report requirement when a system becomes operational. Directs the Secretary to have the National Academy of Science establish an independent review panel of scientific and technical experts to assess system countermeasures, the system's operational effectiveness against such countermeasures, and the adequacy of the system's flight testing program. Requires: (1) an evaluation of system testing following such assessment; and (2) an annual report from the panel to the Secretary and Congress on such assessment and evaluation. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Equity Act of 2011''. SEC. 2. DEDUCTION FOR HEALTH INSURANCE COSTS IN COMPUTING SELF- EMPLOYMENT TAXES MADE PERMANENT. (a) In General.--Subsection (l) of section 162 of the Internal Revenue Code of 1986 is amended by striking paragraph (4) and by redesignating paragraph (5) as paragraph (4). (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2010. SEC. 3. DEDUCTION FOR QUALIFIED HEALTH INSURANCE COSTS OF INDIVIDUALS. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section: ``SEC. 224. COSTS OF QUALIFIED HEALTH INSURANCE. ``(a) In General.--In the case of an individual, there shall be allowed as a deduction an amount equal to the amount paid during the taxable year for coverage for the taxpayer, his spouse, and dependents under qualified health insurance. ``(b) Qualified Health Insurance.--For purposes of this section-- ``(1) In general.--The term `qualified health insurance' means insurance which constitutes medical care. ``(2) Exception.-- ``(A) In general.--Paragraph (1) shall not apply to insurance substantially all of the coverage of which is of excepted benefits described in section 9832(c). ``(B) Vision and dental benefits allowed.-- Subparagraph (A) shall not apply to benefits described in section 9832(c)(2)(A). ``(c) Special Rules.-- ``(1) Coordination with medical deduction, etc.--Any amount paid by a taxpayer for insurance to which subsection (a) applies shall not be taken into account in computing the amount allowable to the taxpayer as a deduction under section 162(l) or 213(a). Any amount taken into account in determining the credit allowed under section 35 or 36B shall not be taken into account for purposes of this section. ``(2) Deduction not allowed for self-employment tax purposes.--The deduction allowable by reason of this section shall not be taken into account in determining an individual's net earnings from self-employment (within the meaning of section 1402(a)) for purposes of chapter 2.''. (b) Deduction Allowed in Computing Adjusted Gross Income.-- Subsection (a) of section 62 of such Code is amended by inserting before the last sentence the following new paragraph: ``(22) Costs of qualified health insurance.--The deduction allowed by section 224.''. (c) Clerical Amendment.--The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by redesignating the item relating to section 224 as an item relating to section 225 and inserting before such item the following new item: ``Sec. 224. Costs of qualified health insurance.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2010. SEC. 4. FITNESS PROGRAMS, ATHLETIC CLUBS, FITNESS EQUIPMENT, AND WEIGHT LOSS PROGRAMS TREATED AS MEDICAL CARE. (a) Tax Benefits Using Definition of Medical Care.--Subsection (d) of section 213 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(12) Fitness programs, athletic clubs, fitness equipment, weight loss programs.-- ``(A) In general.--An amount paid in connection with a membership in a fitness program or athletic club, fitness equipment, or weight loss program shall be treated as an amount paid for medical care. ``(B) Limitation.--The amount taken into account under subsection (a) by reason of subparagraph (A) for any taxable year shall not exceed $1,200.''. (b) Flexible Spending Arrangements and Health Reimbursement Arrangements.--Section 106 of such Code is amended by adding at the end the following: ``(g) Fitness Programs, Athletic Clubs, Fitness Equipment, Weight Loss Programs.--For purposes of this section and section 105-- ``(1) In general.--Reimbursement for expenses incurred for membership in a fitness program or athletic club, fitness equipment, or weight loss program shall be treated as a reimbursement for medical expenses. ``(2) Limitation.--The amount taken into account under paragraph (1) for any taxable year shall not exceed $1,200.''. (c) Effective Date.--The amendments made by this section shall apply to amounts paid in taxable years beginning after December 31, 2010. | Health Equity Act of 2011 - Amends the Internal Revenue Code to: (1) make permanent the tax deduction allowed to self-employed individuals for health insurance costs; (2) allow a new tax deduction for the health care insurance costs of a taxpayer, the taxpayer's spouse, and dependents; and (3) expand the tax deduction for medical expenses to include costs for a membership in a fitness program or athletic club, fitness equipment, or weight loss program up to $1,200 in a taxable year and allow tax-free reimbursements for such expenses up to $1,200 a year under flexible spending arrangements and health reimbursement arrangements. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``National Institute of Biomedical Imaging and Bioengineering Establishment Act''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) Basic research in imaging, bioengineering, computer science, informatics, and related fields is critical to improving health care but is fundamentally different from the research in molecular biology on which the current national research institutes at the National Institutes of Health (``NIH'') are based. To ensure the development of new techniques and technologies for the 21st century, these disciplines therefore require an identity and research home at the NIH that is independent of the existing institute structure. (2) Advances based on medical research promise new, more effective treatments for a wide variety of diseases, but the development of new, noninvasive imaging techniques for earlier detection and diagnosis of disease is essential to take full advantage of such new treatments and to promote the general improvement of health care. (3) The development of advanced genetic and molecular imaging techniques is necessary to continue the current rapid pace of discovery in molecular biology. (4) Advances in telemedicine, and teleradiology in particular, are increasingly important in the delivery of high quality, reliable medical care to rural citizens and other underserved populations. To fulfill the promise of telemedicine and related technologies fully, a structure is needed at the NIH to support basic research focused on the acquisition, transmission, processing, and optimal display of images. (5) A number of Federal departments and agencies support imaging and engineering research with potential medical applications, but a central coordinating body, preferably housed at the NIH, is needed to coordinate these disparate efforts and facilitate the transfer of technologies with medical applications. (6) Several breakthrough imaging technologies, including magnetic resonance imaging (``MRI'') and computed tomography (``CT''), have been developed primarily abroad, in large part because of the absence of a home at the NIH for basic research in imaging and related fields. The establishment of a central focus for imaging and bioengineering research at the NIH would promote both scientific advance and United States economic development. (7) At a time when a consensus exists to add significant resources to the NIH in coming years, it is appropriate to modernize the structure of the NIH to ensure that research dollars are expended more effectively and efficiently and that the fields of medical science that have contributed the most to the detection, diagnosis, and treatment of disease in recent years receive appropriate emphasis. (8) The establishment of a National Institute of Biomedical Imaging and Bioengineering at the NIH would accelerate the development of new technologies with clinical and research applications, improve coordination and efficiency at the NIH and throughout the Federal Government, reduce duplication and waste, lay the foundation for a new medical information age, promote economic development, and provide a structure to train the young researchers who will make the pathbreaking discoveries of the next century. SEC. 3. ESTABLISHMENT OF NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND BIOENGINEERING. (a) In General.--Part C of title IV of the Public Health Service Act (42 U.S.C. 285 et seq.) is amended by adding at the end the following subpart: ``Subpart 18--National Institute of Biomedical Imaging and Bioengineering ``purpose of the institute ``Sec. 464z. (a) The general purpose of the National Institute of Biomedical Imaging and Bioengineering (in this section referred to as the `Institute') is the conduct and support of research, training, the dissemination of health information, and other programs with respect to biomedical imaging, biomedical engineering, and associated technologies and modalities with biomedical applications (in this section referred to as `biomedical imaging and bioengineering'). ``(b)(1) The Director of the Institute, with the advice of the Institute's advisory council, shall establish a National Biomedical Imaging and Bioengineering Program (in this section referred to as the `Program'). ``(2) Activities under the Program shall include the following with respect to biomedical imaging and bioengineering: ``(A) Research into the development of new techniques and devices. ``(B) Related research in physics, engineering, mathematics, computer science, and other disciplines. ``(C) Technology assessments and outcomes studies to evaluate the effectiveness of biologics, materials, processes, devices, procedures, and informatics. ``(D) Research in screening for diseases and disorders. ``(E) The advancement of existing imaging and bioengineering modalities, including imaging, biomaterials, and informatics. ``(F) The development of target-specific agents to enhance images and to identify and delineate disease. ``(G) The development of advanced engineering and imaging technologies and techniques for research from the molecular and genetic to the whole organ and body levels. ``(H) The development of new techniques and devices for more effective interventional procedures (such as image-guided interventions). ``(3)(A) With respect to the Program, the Director of the Institute shall prepare and transmit to the Secretary and the Director of NIH a plan to initiate, expand, intensify, and coordinate activities of the Institute with respect to biomedical imaging and bioengineering. The plan shall include such comments and recommendations as the Director of the Institute determines appropriate. The Director of the Institute shall periodically review and revise the plan and shall transmit any revisions of the plan to the Secretary and the Director of NIH. ``(B) The plan under subparagraph (A) shall include the recommendations of the Director of the Institute with respect to the following: ``(i) Where appropriate, the consolidation of programs of the National Institutes of Health for the express purpose of enhancing support of activities regarding basic biomedical imaging and bioengineering research. ``(ii) The coordination of the activities of the Institute with related activities of the other agencies of the National Institutes of Health and with related activities of other Federal agencies. ``(c) The establishment under section 406 of an advisory council for the Institute is subject to the following: ``(1) The number of members appointed by the Secretary shall be 12. ``(2) Of such members-- ``(A) six members shall be scientists, engineers, physicians, and other health professionals who represent disciplines in biomedical imaging and bioengineering and who are not officers or employees of the United States; and ``(B) six members shall be scientists, engineers, physicians, and other health professionals who represent other disciplines and are knowledgeable about the applications of biomedical imaging and bioengineering in medicine, and who are not officers or employees of the United States. ``(3) In addition to the ex officio members specified in section 406(b)(2), the ex officio members of the advisory council shall include the Director of the Centers for Disease Control and Prevention, the Director of the National Science Foundation, and the Director of the National Institute of Standards and Technology (or the designees of such officers). ``(d)(1) Subject to paragraph (2), for the purpose of carrying out this section: ``(A) For fiscal year 2001, there is authorized to be appropriated an amount equal to the amount obligated by the National Institutes of Health during fiscal year 2000 for biomedical imaging and bioengineering, except that such amount shall be adjusted to offset any inflation occurring after October 1, 1999. ``(B) For each of the fiscal years 2002 and 2003, there is authorized to be appropriated an amount equal to the amount appropriated under subparagraph (A) for fiscal year 2001, except that such amount shall be adjusted for the fiscal year involved to offset any inflation occurring after October 1, 2000. ``(2) The authorization of appropriations for a fiscal year under paragraph (1) is hereby reduced by the amount of any appropriation made for such year for the conduct or support by any other national research institute of any program with respect to biomedical imaging and bioengineering.''. (b) Use of Existing Resources.--In providing for the establishment of the National Institute of Biomedical Imaging and Bioengineering pursuant to the amendment made by subsection (a), the Director of the National Institutes of Health (referred to in this subsection as ``NIH'')-- (1) may transfer to the National Institute of Biomedical Imaging and Bioengineering such personnel of NIH as the Director determines to be appropriate; (2) may, for quarters for such Institute, utilize such facilities of NIH as the Director determines to be appropriate; and (3) may obtain administrative support for the Institute from the other agencies of NIH, including the other national research institutes. (c) Construction of Facilities.--None of the provisions of this Act or the amendments made by the Act may be construed as authorizing the construction of facilities, or the acquisition of land, for purposes of the establishment or operation of the National Institute of Biomedical Imaging and Bioengineering. (d) Date Certain for Establishment of Advisory Council.--Not later than 90 days after the effective date of this Act under section 4, the Secretary of Health and Human Services shall complete the establishment of an advisory council for the National Institute of Biomedical Imaging and Bioengineering in accordance with section 406 of the Public Health Service Act and in accordance with section 464z of such Act (as added by subsection (a) of this section). (e) Conforming Amendment.--Section 401(b)(1) of the Public Health Service Act (42 U.S.C. 281(b)(1)) is amended by adding at the end the following subparagraph: ``(R) The National Institute of Biomedical Imaging and Bioengineering.''. SEC. 4. EFFECTIVE DATE. This Act takes effect October 1, 2000, or upon the date of the enactment of this Act, whichever occurs later. Speaker of the House of Representatives. Vice President of the United States and President of the Senate. | Authorizes: (1) appropriations for the Institute for FY 2001 through 2003; and (2) the transfer of appropriate NIH personnel and research facilities for Institute activities. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Justice Exists for All of Us Act of 2012''. SEC. 2. STATE ``STAND YOUR GROUND'' LAWS AND NEIGHBORHOOD WATCH REGISTRATION. (a) In General.--For each fiscal year after the expiration of the period of implementation specified in subsection (b), a State shall-- (1) not have in effect throughout the State any law or policy that allows a person to use deadly force when such person is threatened that does not impose a duty to retreat before using such force in any place where such person is lawfully present (commonly known as ``stand your ground laws''), except that a State may have in place a law or policy that permits a victim of domestic violence to use deadly force when such victim is threatened and does not impose a duty to on the victim to retreat before using such force in any place where such victim is lawfully present; and (2) have in effect throughout the State laws and policies that make it unlawful to establish, organize, operate, or participate in a Neighborhood Watch program unless such program is registered with-- (A) the local law enforcement agency that has jurisdiction over the neighborhood in which the program is located; and (B) the Department of Justice, in accordance with regulations promulgated by the Attorney General. (b) Period for Implementation by States.-- (1) Deadline.--Each State shall implement this section before 3 years after the date of the enactment of this Act. (2) Extensions.--The Attorney General may authorize up to two 1-year extensions of the deadline in paragraph (1). (c) Failure of State To Comply.-- (1) In general.--For any fiscal year after the end of the period for implementation under subsection (b), a State that fails, as determined by the Attorney General, to substantially implement this section shall not receive 20 percent of the funds that would otherwise be allocated for that fiscal year to the State under 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.). (2) State constitutionality.-- (A) In general.--When evaluating whether a State has substantially implemented this section, the Attorney General shall consider whether the State is unable to substantially implement this section because of a demonstrated inability to implement certain provisions that would place the State in violation of its constitution, as determined by a ruling of the State's highest court. (B) Efforts.--If the circumstances arise under subparagraph (A), then the Attorney General and the State shall make good faith efforts to accomplish substantial implementation of this section and to reconcile any conflicts between this section and the State's constitution. In considering whether compliance with the requirements of this section would likely violate the State's constitution or an interpretation thereof by the State's highest court, the Attorney General shall consult with the chief executive and chief legal officer of the State concerning the State's interpretation of the State's constitution and rulings thereon by the State's highest court. (C) Alternative procedures.--If the State is unable to substantially implement this section because of a limitation imposed by the State's constitution, the Attorney General may determine that the State is in compliance with this Act if the State has implemented, or is in the process of implementing, reasonable alternative procedures or accommodations that are consistent with the purposes of this Act. (D) Funding reduction.--If a State does not comply with subparagraph (C), then the State shall be subject to a funding reduction as specified in paragraph (1). (3) Reallocation.--Amounts not allocated under 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.) to a State for failure to substantially implement this section shall be reallocated under such subpart to States that have not failed to substantially implement this section or may be reallocated to a State from which they were withheld to be used solely for the purpose of implementing this section. (d) Definition of State.--In this section the term ``State'' shall have the meaning given such term in section 901(a) of Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3791(a) et seq.). | Justice Exists for All of Us Act of 2012 - Prohibits a state, for each fiscal year beginning after three years after enactment of this Act, from having in effect a law or policy that: (1) allows a person to use deadly force when such person is threatened and that does not, except where the person is a victim of domestic violence, impose a duty to retreat before using such force in any place where that person is lawfully present (commonly known as a "stand your ground law"); or (2) allows the establishment, organization, or operation of, or participation in, a Neighborhood Watch program that is not registered with the local law enforcement agency and the Department of Justice (DOJ). Allows the Attorney General to authorize up to two one-year extensions of such deadline. Provides that a state that fails to substantially implement this Act for any fiscal year shall not receive 20% of the funds that would otherwise be allocated to it under the Edward Byrne Memorial Justice Assistance Grant program. Provides for alternative procedures for compliance by a state that is unable to substantially implement this Act because of a conflict with the state's constitution. |
SECTION 1. CHARTER FOR PULASKI CADETS, LTD. Part B of subtitle II of title 36, United States Code, is amended-- (1) by striking the following: ``CHAPTER 2501--[RESERVED]''; and (2) by inserting the following: ``CHAPTER 2501--PULASKI CADETS, LTD. ``Sec. ``250101. Organization. ``250102. Purposes. ``250103. Membership. ``250104. Governing body. ``250105. Powers. ``250106. Exclusive right to name, seals, emblems, and badges. ``250107. Restrictions. ``250108. Duty to maintain tax-exempt status. ``250109. Principal office. ``250110. Records and inspection. ``250111. Service of process. ``250112. Liability for acts of officers and agents. ``250113. Annual report. ``Sec. 250101. Organization ``(a) Federal Charter.--The Pulaski Cadets, Ltd. (in this chapter, the `corporation'), incorporated in New York, 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 this chapter expires. ``Sec. 250102. Purposes ``The purposes of the corporation are as provided in the articles of incorporation and include-- ``(1) to perpetuate the history of General Kazimierz Pulaski and military personnel of Polish origin with other nationals who served with the Continental Army of America in the war of our Independence; ``(2) to promote Americanism, patriotism, and establish a military unit to encourage willingness to serve and defend these United States of America; and ``(3) to maintain a nonbiased military and social structure to assist and prepare all members eligible for basic military training for the purpose of enlisting in all branches and components of the United States Military Services. ``Sec. 250103. Membership ``Eligibility for membership in the corporation and the rights and privileges of membership are as provided in the bylaws. ``Sec. 250104. Governing body ``(a) Board of Directors.--The board of directors and the responsibilities of the board are as provided in the articles of incorporation. ``(b) Officers.--The officers and the election of officers are as provided in the articles of incorporation. ``Sec. 250105. Powers ``The corporation shall have only the powers provided in its bylaws and articles of incorporation filed in each State in which it is incorporated. ``Sec. 250106. Exclusive right to name, seals, emblems, and badges ``The corporation has the exclusive right to use the names `Pulaski Cadets, Ltd.' and `Pulaski Cadets' and any seals, emblems, and badges relating thereto that the corporation adopts. ``Sec. 250107. Restrictions ``(a) Stock and Dividends.--The corporation may not issue stock or declare or pay a dividend. ``(b) Political Activities.--The corporation or a director or officer as such may not contribute to, support, or participate in any political activity or in any manner attempt to influence legislation. ``(c) Distribution of Income or Assets.--The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member during the life of the charter granted by this chapter. This subsection does not prevent the payment of reasonable compensation to an officer or member in an amount approved by the board of directors. ``(d) Loans.--The corporation may not make any loan to a director, officer, or employee. ``(e) Claim of Governmental Approval or Authorization.--The corporation may not claim congressional approval or the authority of the United States Government for any of its activities. ``Sec. 250108. Duty to maintain tax-exempt status ``The corporation shall maintain its status as an organization exempt from taxation under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.). ``Sec. 250109. Principal office ``The principal office of the corporation shall be in the State of New Jersey, or another place decided by the board of directors. ``Sec. 250110. Records and inspection ``(a) Records.--The corporation shall keep-- ``(1) correct and complete books and 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. ``(b) Inspection.--A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time. ``Sec. 250111. Service of process ``The corporation shall comply with the law on service of process of each State in which it is incorporated and each State in which it carries on activities. ``Sec. 250112. 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. 250113. Annual report ``The corporation shall submit an annual report to Congress on the activities of the corporation during the prior 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 shall not be printed as a public document.''. SEC. 2. CLERICAL AMENDMENT. The table of chapters at the beginning of subtitle II of title 36, United States Code, is amended by striking the item relating to chapter 2501 and inserting the following new item: ``2501. Pulaski Cadets, Ltd................... 250101''. | Grants a Federal charter to the Pulaski Cadets, Ltd. (a nonprofit corporation organized under the laws of the State of New York). |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Airline Labor Dispute Resolution Act''. SEC. 2. GRANT OF AUTHORITY. Section 42112 of title 49, United States Code, is amended by adding at the end the following: ``(e) Emergency Authority of the Secretary.-- ``(1) Declaration of emergency.--Notwithstanding any other provision of this section or of section 40109(d) of this title, the Secretary shall declare an air transportation emergency whenever the Secretary finds that a labor dispute between an air carrier that provides service to a hub airport (as defined in section 41731(a)(3)) and an employee organization representing employees of that carrier-- ``(A) threatens to interrupt the carriage of passengers or cargo in interstate air transportation by an air carrier in any region of the country in a manner that is likely to curtail operations significantly at any hub airport (as defined in section 41731(a)(3)) and thereby cause injury to the economy of that region; ``(B) threatens to interrupt the carriage of passengers or cargo in foreign air transportation in a manner that is likely to cause injury to the foreign commerce of the United States or its balance of payments; or ``(C) threatens the national security or foreign policy interests of the United States. ``(2) Action by secretary.--Notwithstanding any other provision of law or procedure established thereby, the Secretary shall issue an order to resolve a labor dispute by arbitration whenever the Secretary declares an air transportation emergency with respect to a labor dispute under paragraph (1). The Secretary shall thereupon appoint a panel of arbitrators, composed of 5 members, 1 designated by each party to the dispute, and 3 neutral arbitrators to be designated by agreement between the 2 other members. If those 2 members are unable to agree on the neutral arbitrators within 5 days after their designation, the Secretary shall ask the American Arbitration Association to submit within 3 days a list of 11 arbitrators who are members of the National Academy of Arbitrators and are qualified and willing to serve. At a special meeting called by the Secretary, each member designated by a party shall alternately strike a name from the list until 3 names remain, who shall be the mutually designated neutral arbitrators. No member shall be pecuniarily or otherwise interested in any organization of employees or any air carrier. The compensation and expenses of the panel members shall be fixed by the Secretary and shall be borne equally by each party to the dispute. A panel shall be created separately for each declared transportation emergency, and it shall investigate promptly the facts as to the dispute. ``(3) Required filings.--Within 10 days after the date on which the 3 neutral arbitrators are appointed, each party to the dispute shall file with the panel a document containing the following: ``(A) The name, affiliation, and address of the party submitting the filing. ``(B) A statement that the employee organization involved is either certified or recognized. ``(C) The number of employees in the negotiating unit, together with a list of the job titles represented in that unit. ``(D) A statement of the currently applicable rates of pay, rules, and working conditions. ``(E) A clear and concise history of negotiations leading to the impasse, including the number and dates of the negotiation sessions. ``(F) A list of all issues in dispute concerning changes in rates of pay, rules, and working conditions not adjusted by the parties in conference, and the party's position on those issues. ``(G) The complete, written terms of the party's final offer on those issues, including the text of the party's proposed agreement on the changes in rates of pay, rules, and working conditions. ``(H) A clear and concise statement of any other relevant facts and any supporting documentation. ``(4) Opportunity for presentations.--Within 15 days after the date on which the document required by paragraph (3) is filed by both parties, the panel shall afford each party an opportunity to make oral and written presentations on its filing and to respond to questions. ``(5) Selection by panel; applicable factors.--Within 30 days after date on which the document required by paragraph (3) is filed by both parties, the panel shall, by a majority vote, select either the offer in its entirety concerning rates of pay, rules, and working conditions presented by the carrier or carriers involved or the offer in its entirety concerning rates of pay, rules, and working conditions presented by the employee organization involved. The panel shall prepare a written explanation of its selection and the reasons for the selection, and shall furnish a certified copy of its selection to the parties to the dispute and to the Secretary. The panel shall make its selection based on the following factors: ``(A) The stipulations of the parties. ``(B) The financial condition of the air carrier and its ability to incur changes in labor costs while continuing to maintain its competitive market position, pay its debts, meet its other contractual obligations, provide job security and equivalent treatment for all of its employees, and return a reasonable profit, consistent with historic margins and rates of return, for its shareholders. ``(C) A comparison of the rates of pay of the employees involved in the dispute with the rates of pay of other employees performing similar services for comparable air carriers offering similar air transportation services to public. ``(D) The rules and working conditions applied by the air carrier and comparable air carriers offering similar air transportation services to the public in light of market conditions for those services. ``(E) Such other factors as are normally and traditionally taken into consideration in the determination of rates of pay, rules, and working conditions through collective bargaining, mediation, fact-finding, arbitration or otherwise between the parties. ``(F) Changes in the average consumer prices for goods and services, commonly known as the cost of living, including changes in the Consumer Price Index. ``(G) The existing collective bargaining agreement between the parties and the history of the collective bargaining agreements between the parties, including the history of negotiations leading to the impasse. ``(6) Selection by panel.--Within 10 days after the panel furnishes its selection to the Secretary, either party may file with the Secretary a petition to set aside the selection on the grounds set forth in paragraph (7). If no petition to set aside the selection has been filed within 10 days after the filing of the selection, the Secretary shall enter an order directing the parties to give effect to the panel's selection, which order shall be final and conclusive on the parties. ``(7) Petition to set aside selection.-- ``(A) In general.--The Secretary may entertain a petition to set aside a selection furnished to the Secretary under paragraph (6) of this subsection only if the Secretary finds that-- ``(i) the selection by the panel does not conform, or confine itself, to the requirements of this section; ``(ii) the selection by the panel does not conform, or confine itself, to matters concerning rates of pay, rules, and working conditions; ``(iii) the selection by the panel does not conform, or confine itself, to matters within the scope of jurisdiction under title II of the Railway Labor Act (45 U.S.C. 181 et seq.); ``(iv) the selection by the panel does not conform, or confine itself, to the offer in its entirety concerning rates of pay, rules, and working conditions presented by one of the parties to the dispute; or ``(v) a party to the dispute or a member of the panel practiced fraud or corruption which affected the selection. ``(B) Remedy for uncertainty.--The Secretary may not entertain any such petition on the ground that the selection is invalid for uncertainty. If either party to the dispute seeks to set aside the selection on that ground, it shall submit the dispute to a board of adjustment as provided in sections 204 and 205 of title II of the Railway Labor Act (45 U.S.C. 184 and 185). ``(C) Minor error.--A selection by the panel under paragraph (6) may not be set aside for trivial irregularity or clerical error affecting only a matter of form and not the substance of the selection. ``(8) Action by secretary.-- ``(A) Deadline.--The Secretary shall issue a final order either granting or denying the petition to set aside the panel's selection within 10 days after the petition is filed. ``(B) Whole or partial invalidity.--Except as provided in subparagraph (C), if the Secretary determines that the selection is invalid in whole or in part under paragraph (7)(A), the Secretary shall set aside the selection and remand it to the panel for further action. ``(C) Split decision.--If the Secretary determines that-- ``(i) only a part of the selection is invalid under paragraph (7)(A), ``(ii) the valid and invalid parts of the selection are separable, and ``(iii) the parties agree to a setting aside only of the part determined to be invalid, then the Secretary shall set aside the invalid part, enter an order requiring the parties to give effect to the valid part, and remand the invalid part for further action by the panel consistent with the Secretary's order. ``(9) Judicial review.--At the request of either party to the dispute, a final order of the Secretary under this subsection is subject to review by the court of appeals under section 46110 of this title. For the purpose of applying that section to a petition for review of an order by the Secretary under this section, the terms `10 days' and `10th day' shall be substituted for `60 days' and `60th day' in section 46110(a). Any such petition shall stay the effectiveness of the Secretary's final order, which shall otherwise become effective on the 10th day after the date it is issued. ``(10) Status quo requirement; injunctive relief.--Upon the issuance of an order to resolve a labor dispute under this subsection and until the Secretary's final order becomes effective, no change, except by agreement, shall be made by either party to the dispute in the rates of pay, rules, or working conditions out of which the dispute arose. Changes thereafter shall only be made consistent with the terms of the Secretary's final order. A court of competent jurisdiction shall enjoin any effort by a party to make unilateral changes before the Secretary's final order becomes effective at the request of the other party to the dispute. ``(11) Rates of pay defined.--In this subsection, the term `rates of pay' includes wages, vacation, holidays, and excused time, insurance and defined pension or contribution plans, profitsharing plans, medical and hospitalization benefits, the continuity and stability of employment, and all other consideration and benefits of any nature, paid or received.''. | Airline Labor Dispute Resolution Act - Amends Federal aviation law to grant the Secretary of Transportation authority to declare an air transportation emergency whenever he finds that a labor dispute between an air carrier providing service to a hub airport and an employee organization representing the carrier's employees threatens to: (1) interrupt the carriage of passengers or cargo in interstate transportation by an air carrier in any region of the country in a manner that is likely to curtail operations significantly at any hub airport and thereby cause injury to the region's economy; (2) interrupt the carriage of passengers or cargo in foreign transportation in a manner that is likely to cause injury to the foreign commerce of the United States or its balance of payments; or (3) compromise the national security or foreign policy interests of the United States. Requires the Secretary to issue an order of arbitration to resolve such disputes according to a specified procedure whenever an air transportation emergency is declared. |
SECTION 1. 1999 WOMEN'S WORLD CUP. (a) In General.--Subchapter II of Chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: `` 9902.98.07 Any of the following articles not intended for sale or distribution to the public: personal effects of aliens who are participants in, officials of, or accredited members of delegations to, the 1999 Women's World Cup, and of persons who are immediate family members of or servants to any of the foregoing persons; equipment and materials imported in connection with the foregoing event by or on behalf of the foregoing persons or the organizing committee of such event; articles to be used in exhibitions depicting the culture of a country participating in such event; and, if consistent with the foregoing, such other articles as the Secretary of the Treasury may allow............ Free No change Free On or before 8/1/ 99 (b) Taxes and Fees Not To Apply.--The articles described in heading 9902.98.07 of the Harmonized Tariff Schedule of the United States (as added by subsection (a)) shall be free of taxes and fees which may be otherwise applicable. (c) Effective Date.--The amendment made by this section applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act. | Amends the Harmonized Tariff Schedule of the United States to grant duty-free treatment, through August 1, 1999, to the personal effects of, and other equipment imported and used by, participants, their families and associated members, and officials involved in the 1999 Women's World Cup. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Bad Employers by Zeroing Out Subsidies Act''. SEC. 2. TAX ON EMPLOYERS WITH EMPLOYEES RECEIVING CERTAIN FEDERAL BENEFITS. (a) In General.--The Internal Revenue Code of 1986 is amended by inserting after chapter 36 the following new chapter: ``CHAPTER 37--EMPLOYERS WITH EMPLOYEES RECEIVING CERTAIN FEDERAL BENEFITS ``SEC. 4501. EMPLOYERS WITH EMPLOYEES RECEIVING CERTAIN FEDERAL BENEFITS. ``(a) Imposition of Corporate Welfare Tax.--There is hereby imposed on each large employer a tax equal to 100 percent of the qualified employee benefits with respect to such employer for the taxable year. ``(b) Large Employer.-- ``(1) In general.--For purposes of this section, the term `large employer' means, with respect to a calendar year, an employer who employed an average of at least 500 employees on business days during the preceding calendar year. ``(2) Rules for determining employer size.--For purposes of this subsection: ``(A) Application of aggregation rule for employers.--All persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 of the Internal Revenue Code of 1986 shall be treated as 1 employer. ``(B) Employers not in existence in preceding year.--In the case of an employer which was not in existence throughout the preceding calendar year, the determination of whether such employer is a large employer shall be based on the average number of employees that it is reasonably expected such employer will employ on business days in the current calendar year. ``(C) Predecessors.--Any reference in this subsection to an employer shall include a reference to any predecessor of such employer. ``(c) Qualified Employee Benefits.--For purposes of this section: ``(1) In general.--The term `qualified employee benefits' means, with respect to a person for a taxable year, the sum of the qualified Federal benefits received by individuals who are employees of such person for such taxable year. ``(2) Qualified federal benefits.--The term `qualified Federal benefits' means, with respect to an individual, the following: ``(A) The dollar value of supplemental nutrition assistance for which the household (as defined in section 3(m) of the Food and Nutrition Act of 2008) that includes such individual is eligible. ``(B) The dollar value of meals that such individual or dependents of such individual are eligible for under the school lunch program under the Richard B. Russell National School Lunch Act and the school breakfast program under section 4 of the Child Nutrition Act of 1966. ``(C) The aggregate amount of the monthly assistance payments for rental of a dwelling unit that the household of such individual is a member of is eligible to have made on its behalf pursuant to section 8 of the United States Housing Act of 1937. ``(D) The amount of payments made under section 1903 of the Social Security Act with respect to expenditures made by a State under a State Medicaid plan under title XIX of such Act (or a waiver of such plan) for medical assistance for such individual or for dependents of such individual. ``(d) Employee.--For purposes of this section, the term `employee' means-- ``(1) any full-time or part-time employee, ``(2) any individual who is a full-time or part-time independent contractor (including any employee of such independent contractor) and provides services to the employer, unless-- ``(A) the individual is free from control and direction in connection with the performance of the service, both under the contract for the performance of service and in fact, ``(B) the service is performed outside the usual course of the business of the employer, and ``(C) the individual is customarily engaged in an independently established trade, occupation, profession, or business of the same nature as that involved in the service performed, and ``(3) any individual who is a full-time or part-time joint employee, provided that the employer possess, reserves, or exercises sufficient direct or indirect control over the essential terms and conditions of employment of such employee. ``(e) Regulations.--The Secretary, in consultation with the Secretary of Agriculture, the Secretary of Housing and Urban Development, and the Administrator of the Centers for Medicare and Medicaid Services, shall prescribe such regulations as may be necessary or appropriate to carry out this chapter.''. (b) Clerical Amendments.--The table of chapters for subtitle D of such Code is amended by inserting after the item relating to chapter 36 the following new item: ``Chapter 37--Employers With Employees Receiving Certain Federal Benefits''. (c) Effective Date.--The amendments made by this Act apply with respect to taxable years beginning after December 31, 2018. SEC. 3. UNLAWFUL EMPLOYMENT PRACTICES RELATED TO FEDERAL BENEFITS OF APPLICANTS. (a) In General.--It shall be an unlawful employment practice for any large employer (as defined in section 4501(b) of the Internal Revenue Code of 1986) to make inquiries of an applicant for employment, or otherwise seek information about such an applicant (including through the use of any form or application), relating to whether such applicant receives Federal benefits. (b) Enforcement.--A violation of subsection (a) shall be treated as, and enforced by the Secretary of Labor in the same manner as, a violation of section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206), except that for purposes of section 15(b) of such Act (29 U.S.C. 215(b)), the employer shall be liable to the individual alleging the violation for any lost wages due the individual and an additional equal amount of liquidated damages. | Stop Bad Employers by Zeroing Out Subsidies Act This bill amends the Internal Revenue Code to impose a tax on large employers whose employees receive certain federal benefits during the year. A "large employer" is an employer who employed an average of at least 500 employees on business days during the preceding year. The tax is equal to the benefits that the employees receive under: the Supplemental Nutrition Assistance Program (SNAP, formerly known as the food stamp program), the school lunch and school breakfast programs administered under the Richard B. Russell National School Lunch Act and the Child Nutrition Act of 1966, section 8 of the United States Housing Act of 1937, and Medicaid. The bill also prohibits large employers from asking questions or seeking information about whether a job applicant receives federal benefits. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Common Sense Housing Investment Act of 2017''. SEC. 2. CONGRESSIONAL FINDINGS. The Congress finds the following: (1) Two principal Federal housing goals are to increase the rate of home ownership and make rental housing affordable for low-income families and individuals. (2) Much more progress has been achieved on the first goal than on the second goal. (3) The Federal Government devotes more than three times the amount of budgetary resources to supporting home ownership than it devotes to making affordable rental housing available. (4) The burden of housing costs is more pronounced among renters than among owners. (5) There is a shortage of more than 7 million homes affordable to families in the bottom 20 percent of income, meaning that there are only 31 affordable units for every 100 families. (6) Only one in four families that qualify for rental housing assistance receives benefits. (7) Housing assistance waiting lists can be 10 years long and in many communities are closed. (8) The shortage of rental homes that are affordable for extremely low-income households to be the principal cause of homelessness in the United States. (9) Public housing facilities in the United States have more than $26 billion in deferred maintenance after decades of neglect which results in a loss of 10,000 units each year. (10) The low-income housing tax credit successfully provides 100,000 units of affordable housing every year. (11) Every tax reform commission has recommended capping the mortgage interest deduction and converting it to a fairer and simpler credit. (12) More than 75 percent of the value of the mortgage interest deduction inures to the benefit of the top 20 percent of earners. (13) Fewer than half of tax filers with a home mortgage claim the mortgage interest deduction. (14) Only 9 percent of rural tax filers claim the mortgage interest deduction. (15) Ninety-four percent of homes sold between 2013 and 2015 sold for less than $500,000. (16) A better approach that provides equitable benefits for families who buy homes, enables more low- and moderate-income homeowners to receive a benefit, and invests in affordable rental housing to assist those who used to be homeless or who have extremely or very low incomes is needed to strengthen families and communities. SEC. 3. REPLACEMENT OF MORTGAGE INTEREST DEDUCTION WITH MORTGAGE INTEREST CREDIT. (a) Nonrefundable Credit.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25D the following new section: ``SEC. 25E. INTEREST ON INDEBTEDNESS SECURED BY QUALIFIED RESIDENCE. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 15 percent of the qualified residence interest paid or accrued during the taxable year. ``(b) Qualified Residence Interest.--For purposes of this section-- ``(1) In general.--The term `qualified residence interest' means interest which is paid or accrued during the taxable year on-- ``(A) acquisition indebtedness with respect to any qualified residence of the taxpayer, or ``(B) home equity indebtedness with respect to any qualified residence of the taxpayer. For purposes of the preceding sentence, the determination of whether any property is a qualified residence of the taxpayer shall be made as of the time the interest is accrued. ``(2) Overall limitation.--The aggregate amount of indebtedness taken into account for any period for purposes of this section shall not exceed $500,000 ($250,000 in the case of a married individual filing a separate return or unmarried individuals filing separate returns for the same property). ``(3) Acquisition indebtedness.--The term `acquisition indebtedness' means any indebtedness which-- ``(A) is incurred in acquiring, constructing, or substantially improving any qualified residence of the taxpayer, and ``(B) is secured by such residence. Such term also includes any indebtedness secured by such residence resulting from the refinancing of indebtedness meeting the requirements of the preceding sentence (or this sentence), but only to the extent the amount of the indebtedness resulting from such refinancing does not exceed the amount of the refinanced indebtedness. ``(4) Home equity indebtedness.-- ``(A) In general.--The term `home equity indebtedness' means any indebtedness (other than acquisition indebtedness) secured by a qualified residence to the extent the aggregate amount of such indebtedness does not exceed-- ``(i) the fair market value of such qualified residence, reduced by ``(ii) the amount of acquisition indebtedness with respect to such residence. ``(B) Limitation.--The aggregate amount treated as home equity indebtedness for any period shall not exceed $100,000 ($50,000 in the case of a married individual filing a separate return). ``(c) Special Rules.--For purposes of this section-- ``(1) Qualified residence.--The term `qualified residence' means-- ``(A) the principal residence (within the meaning of section 121) of the taxpayer, and ``(B) 1 other residence of the taxpayer which is selected by the taxpayer for purposes of this subsection for the taxable year and which is used by the taxpayer as a residence (within the meaning of section 280A(d)(1)). ``(2) Married individuals filing separate returns.--If a married couple does not file a joint return for the taxable year-- ``(A) such couple shall be treated as 1 taxpayer for purposes of paragraph (1), and ``(B) each individual shall be entitled to take into account 1 residence unless both individuals consent in writing to 1 individual taking into account the principal residence and 1 other residence. ``(3) Residence not rented.--For purposes of paragraph (1)(B), notwithstanding section 280A(d)(1), if the taxpayer does not rent a dwelling unit at any time during a taxable year, such unit may be treated as a residence for such taxable year. ``(4) Unenforceable security interests.--Indebtedness shall not fail to be treated as secured by any property solely because, under any applicable State or local homestead or other debtor protection law in effect on August 16, 1986, the security interest is ineffective or the enforceability of the security interest is restricted. ``(5) Special rules for estates and trusts.--For purposes of determining whether any interest paid or accrued by an estate or trust is qualified residence interest, any residence held by such estate or trust shall be treated as a qualified residence of such estate or trust if such estate or trust establishes that such residence is a qualified residence of a beneficiary who has a present interest in such estate or trust or an interest in the residuary of such estate or trust. ``(d) Coordination With Deduction.--In the case of any taxable year beginning in calendar years 2017 through 2021, the taxpayer may elect to apply this section in lieu of the deduction under section 163 for qualified residence interest.''. (b) Phaseout of Deduction.--Section 163(h) of such Code is amended by adding at the end the following new paragraph: ``(6) Phaseout.-- ``(A) In general.--In the case of any taxable year beginning in a calendar year after 2017, the amount otherwise allowable as a deduction by reason of paragraph (2)(D) shall be the applicable percentage of such amount. ``(B) Applicable percentage.--For purposes of subparagraph (A), the applicable percentage shall be determined in accordance with the following table: ------------------------------------------------------------------------ The applicable ``For taxable years beginning in calendar year: percentage is: ------------------------------------------------------------------------ 2017.................................................... 100% 2018.................................................... 80% 2019.................................................... 60% 2020.................................................... 40% 2021.................................................... 20% 2022 and thereafter..................................... 0%.''. ------------------------------------------------------------------------ (c) Phasedown of Mortgage Limit.--Subparagraph (B) of section 163(h)(3) of such Code is amended by adding at the end the following: ``(iii) Phasedown.-- ``(I) In general.--In the case of any taxable year beginning in calendar years 2017 through 2021, clause (ii) shall be applied by substituting the amounts specified in the table in subclause (II) of this clause for `$1,000,000' and `$500,000', respectively. ``(II) Phasedown amounts.--For purposes of subclause (I), the amounts specified in this subclause for a taxable year shall be the amounts specified in the following table: ------------------------------------------------------------------------ Amount Amount ``For taxable years beginning in calendar substituted substituted year: for for $1,000,000: $500,000: ------------------------------------------------------------------------ 2017.......................................... $1,000,000 $500,000 2018.......................................... $900,000 $450,000 2019.......................................... $800,000 $400,000 2020.......................................... $700,000 $350,000 2021.......................................... $600,000 $300,000.'' . ------------------------------------------------------------------------ (d) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after section 25D the following new item: ``Sec. 25E. Interest on indebtedness secured by qualified residence.''. (e) Effective Date.--The amendments made by this section shall apply with respect to interest paid or accrued after December 31, 2016. SEC. 4. DEDUCTION ALLOWED FOR INTEREST AND TAXES RELATING TO LAND FOR DWELLING PURPOSES OWNED OR LEASED BY COOPERATIVE HOUSING CORPORATIONS. (a) In General.--Subparagraph (B) of section 216(b)(1) of the Internal Revenue Code of 1986 is amended by inserting ``or land,'' after ``building,''. (b) Effective Date.--The amendment made by subsection (a) shall apply to amounts paid or accrued after December 31, 2016. SEC. 5. USE OF MORTGAGE INTEREST SAVINGS TO INCREASE LOW-INCOME HOUSING TAX CREDIT. (a) In General.--Subclause (I) of section 42(h)(3)(C)(ii) of the Internal Revenue Code of 1986 is amended by striking ``$1.75 ($1.50 for 2001)'' and inserting ``$2.70''. (b) Inflation Adjustment.--Subparagraph (H) of section 42(h)(3) of such Code is amended to read as follows: ``(H) Cost-of-living adjustment.-- ``(i) In general.--In the case of a calendar year after 2002, the $2,000,000 amount in subparagraph (C) shall be increased by an amount equal to-- ``(I) such dollar amount, multiplied by ``(II) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting `calendar year 2001' for `calendar year 1992' in subparagraph (B) thereof. ``(ii) Per capita amount.--In the case of a calendar year after 2017, the $2.70 amount in subparagraph (C) shall be increased by an amount equal to-- ``(I) such dollar amount, multiplied by ``(II) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting `calendar year 2016' for `calendar year 1992' in subparagraph (B) thereof. ``(iii) Rounding.-- ``(I) In the case of the $2,000,000 amount, any increase under clause (i) which is not a multiple of $5,000 shall be rounded to the next lowest multiple of $5,000. ``(II) In the case of the $2.70 amount, any increase under clause (ii) which is not a multiple of 5 cents shall be rounded to the next lowest multiple of 5 cents.''. (c) Eligible Basis.--Clause (i) of section 42(d)(5)(B) of such Code is amended by striking ``and'' at the end of subclause (I), by striking the period at the end of subclause (II) and inserting ``, and'', and by adding at the end the following: ``(III) in the case of a building containing units which are designated to serve extremely low-income households by the State housing credit agency and require the increase in credit under this subparagraph in order for such building to be financially feasible as part of a qualified low- income housing project, the eligible basis of such building determined by the portion of such units shall be 150 percent of such basis determined without regard to this subparagraph.''. (d) Effective Date.--The amendments made by this section shall apply to allocations made in calendar years beginning after December 31, 2017. SEC. 6. USE OF MORTGAGE INTEREST SAVINGS FOR AFFORDABLE HOUSING PROGRAMS. (a) Use of Savings.--For each year, the Secretary of the Treasury shall determine the amount of revenues accruing to the general fund of the Treasury by reason of the enactment of section 3 of this Act that remain after use of such revenues in accordance with section 5 of this Act and shall credit an amount equal to such remaining revenues as follows: (1) Housing trust fund.--The Secretary shall credit the Housing Trust Fund established under section 1338 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4568) with an amount equal to 60 percent of the amount of such remaining revenues. (2) Rental assistance.--An amount equal to 30 percent of the amount of such remaining revenues shall be credited for rental assistance, which may include a new Renter's Tax Credit and an expansion of rental assistance by the Secretary of Housing and Urban Development under any program of such Department providing such assistance or by the Secretary of Agriculture under any rural housing program of such Department providing such assistance. (3) Public housing capital fund.--The Secretary shall credit an amount equal to 10 percent of the amount of such remaining revenues to the Public Housing Capital Fund under section 9(d) of the United States Housing Act of 1937 (42 U.S.C. 1437g(d)). (b) Changes to Housing Trust Fund.--Not later than the expiration of the 6-month period beginning on the date of the enactment of this Act, the Secretary of Housing and Urban Development shall revise the regulations relating to the Housing Trust Fund established under section 1338 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4568) to provide that such section is carried out with the maximum amount of flexibility possible while complying with such section, which shall include revising such regulations-- (1) to increase the limitation on amounts from the Fund that are available for use for operating assistance for housing; (2) to allow public housing agencies and tribally designated housing entities to be recipient of grants amounts from the Fund that are allocated to a State or State designated entity; and (3) eliminate the applicability of rules for the Fund that are based on the HOME Investment Partnerships Act (42 U.S.C. 1721 et seq.). | Common Sense Housing Investment Act of 2017 This bill amends the Internal Revenue Code, with respect to the tax deduction for mortgage interest, to: (1) allow, in lieu of such deduction, a tax credit for 15% of mortgage interest paid in a taxable year for the taxpayer's principal residence and one other residence; (2) provide for a phaseout of the tax deduction for mortgage interest between 2017 and 2021; (3) allow a deduction for interest and taxes relating to land for dwelling purposes owned or leased by cooperative housing corporations; and (4) increase the state housing credit ceiling for the low-income housing tax credit. The bill directs the Department of the Treasury to apply the savings from the enactment of this bill to the Housing Trust Fund, rental assistance programs, and the Public Housing Capital Fund. The Department of Housing and Urban Development must revise regulations for the Housing Trust Fund to: (1) increase the limitation on funds that are available for operating assistance for housing, (2) allow public housing agencies and tribally designated housing entities to be the recipients of grants that are allocated to a state or a state designated entity, and (3) eliminate the applicability of rules for the fund that are based on the HOME Investment Partnerships Act. |
SECTION 1. LONG TITLE AND SHORT TITLE. This Act may be referred to as the ``President Gerald R. Ford Iraqi Ally and Refugee Responsibility Memorial Act of 2007''. SEC. 2. CONGRESSIONAL FINDINGS REGARDING IRAQI REFUGEES. (a) Findings.--Congress finds the following: (1) President George W. Bush, asserting a grave and immediate threat to the United States from Iraqi weapons of mass destruction (WMD), asked Congress to provide an authorization for the use of military force against Iraq if Iraq did not comply with international disarmament requirements. (2) Passed by Congress, President Bush signed H.J. Res. 114, To Authorize the Use of United States Armed Forces Against Iraq, into law on October 16, 2002, becoming Public Law 107- 243. (3) On March 20, 2003, at the direction of President Bush, United States Armed Forces, together with Coalition partners, initiated Operation Iraqi Freedom pursuant to Public Law 107- 243, and within 30 days the government of Saddam Hussein was removed from power. (4) In keeping with United States obligations under the Geneva Conventions, customary international law, and a subsequent mandate by the United Nations Security Council, as the principle occupying power, the United States took temporary responsibility for Iraq, establishing first the Office for Reconstruction and Humanitarian Assistance, and subsequently, the Coalition Provisional Authority. (5) As the principle occupying power, the United States enacted a broad institutional transformation in Iraq in order to establish a new and democratic Iraqi Government. (6) Under United States direction and control, Iraqis adopted a transitional national assembly, adopted a new constitution, conducted parliamentary elections, and established a new government that remains incapable of establishing and maintaining law and order. (7) During the United States occupation and subsequent to the return of sovereignty to Iraq, ``[s]everal thousand'' Iraqis in Iraq have come to work for the United States Government and Armed Forces, according to Ellen Sauerbrey, Assistant Secretary of State for Population, Refugees and Migration. (8) The ongoing instability and chaos, violence, and ethnic, religious, and sectarian conflict in Iraq have prompted nearly 4,000,000 Iraqis to become refugees or internally displaced persons. (9) Iraqis who have assisted or worked for the United States are widely considered to be ``collaborators'' by other Iraqis, and they face a real and persistent fear of persecution, physical harm, or death, to themselves and their families. (10) There is currently no facility within Iraq where refugees or displaced persons can register with either the United States Government or with the United Nations High Commission for Refugees. (11) The internally displaced Iraqi population is estimated by the United Nations High Commissioner for Refugees (UNHCR) to be 1,900,000, with that number growing by 50,000 each month. (12) The Iraqi refugee population of approximately 2,000,000 has imposed tremendous costs on countries neighboring Iraq, many of which are poor and struggling with other large refugee populations within their borders. (13) The United States has admitted only 692 Iraqi refugees since 2003. (14) The special immigrant visa program for Iraqi and Afghan translators working for the United States Armed Forces established under section 1059 of the National Defense Authorization Act for Fiscal Year 2006 has a six year waiting list. (15) Paula Dobriansky, Undersecretary of State for Democracy and Global Affairs, announced on February 14, 2007, that the United States intended to process 7,000 refugee referrals from UNHCR ``in the near term''. (16) Subsequently, Assistant Secretary Sauerbrey acknowledged that, because of security screening issues, ``under the best of circumstances ... perhaps half of the number that we actually are addressing in the fiscal year that we'll be ready--travel ready before the end of September.''. (17) Between May 1, 1975, and December 20, 1975, at the direction of President Gerald Ford, the United States Government and United States Armed Forces facilitated the movement to the United States of over 131,000 South Vietnamese political refugees. SEC. 3. UNITED STATES POLICY TOWARD IRAQI REFUGEES. (1) The United States accepts responsibility for the welfare and safety of Iraqis, and their immediate family members, who, as a consequence of working for or assisting the United States Government or United States Armed Forces, have become internally displaced or refugees, or have developed a well-grounded fear of persecution or physical harm. (2) The United States will assist all Iraq refugees, including internally displaced Iraqis, to an extent commensurate with the overall level of United States expenditures and effort in Iraq, and acknowledges that actions by the United States contributed to the refugee problem that developed subsequent to the United States-led invasion of Iraq in 2003. (3) The United States will assist all Iraq refugees, including internally displaced Iraqis, independent of United States efforts to pacify Iraq and assist Iraq with its redevelopment and reconstruction. SEC. 4. PRESIDENTIAL REPORT TO CONGRESS. Not later than 60 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees an unclassified report on-- (1) the number of Iraqis (including immediate family members), who, since March 20, 2003, have been employed in Iraq by the United States Government or United States Armed Forces, and in particular-- (A) the number of whom have become internally displaced within Iraq or have become refugees in another country, or have sought to enter, or resettle in, the United States; and (B) the number of whom have been killed as a direct or indirect consequence of their employment by or assistance to the United States Government or United States Armed Forces; (2) the number of Iraqis (including immediate family members), who, since March 20, 2003, have been employed in Iraq by countries participating in coalition efforts in Iraq, and in particular-- (A) the number of whom have become internally displaced within Iraq or have become refugees in another country, or have sought to enter, or resettle in, the United States; and (B) the number of whom have been killed as a direct or indirect consequence of their employment by or assistance to countries participating in coalition efforts in Iraq; (3) the number of Iraqis (including immediate family members), who, since March 20, 2003, have been employed by United States-hired or coalition-hired contractors supporting coalition efforts in Iraq, and in particular-- (A) the number of whom have become internally displaced within Iraq or have become refugees in another country, or have sought to enter, or resettle in, the United States; and (B) the number of whom have been killed as a direct or indirect consequence of their employment by or assistance to contractors participating in coalition efforts in Iraq; and (4) the number of Iraqis (including immediate family members) who, since March 20, 2003, have been employed by United States or international nongovernmental organizations working in Iraq, and in particular-- (A) the number of whom have become internally displaced within Iraq or have become refugees in another country, or have sought to enter, or resettle in, the United States; and (B) the number of whom have been killed as a direct or indirect consequence of their employment by or assistance to nongovernmental organizations participating in reconstruction efforts in Iraq. SEC. 5. PLANS TO ACCELERATE UNITED STATES ASSISTANCE TO IRAQI REFUGEES. Not later than 60 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees an unclassified report on options and plans to accelerate-- (1) the review by the United States Government of UNHCR referrals of Iraqis seeking refugee status; (2) the operation of the special immigrant visa program for Iraq and Afghan translators established under section 1059 of the National Defense Authorization Act for Fiscal Year 2006; (3) the review process by the Department of Homeland Security of pending applications for refugee status by Iraqi refugees; and (4) the use of existing Department of State facilities within Iraq and elsewhere in the Middle East to process visa and refugee applications from Iraqis. SEC. 6. PRESIDENTIAL PROPOSALS TO CONGRESS. Not later than 120 days after the date of the enactment of this Act, the President shall submit to Congress-- (1) legislative proposals to facilitate the acceptance by the United States of each Iraqi seeking entry into the United States or resettlement in the United States due to a well- founded fear of persecution on account of employment by or assistance to the United States or a coalition country in Iraq; (2) legislative proposals to amend the definition of terrorist activity in the Immigration and Nationality Act to capture only those groups that truly threaten the security of the United States; (3) legislative proposals to amend the definition of material support under the Immigration and Nationality Act to account for actions that may have been taken under duress; (4) an estimate of the personnel and financial resources necessary to facilitate, not later than one year after the date on which the legislative proposals required under paragraph (1) are submitted, the acceptance by the United States of each Iraqi seeking entry into the United States or resettlement in the United States because of a well-founded fear of persecution as a consequence of employment or assistance to the United States or a coalition country in Iraq; and (5) a plan for the relocation, or absorption into the United States, of each Iraqi seeking entry into the United States or resettlement in the United States because of a well- founded fear of persecution as a consequence of employment or assistance to the United States or a coalition country in Iraq. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) Secretary of State.--There is authorized to be appropriated $100,000,000 to the Secretary of State for each of fiscal years 2008, 2009, and 2010, for the relief and resettlement in the United States of Iraqi refugees, including internally displaced Iraqis. (b) Secretary of Homeland Security.--There is authorized to be appropriated $10,000,000 to the Secretary of Homeland Security for each of fiscal years 2008, 2009, 2010, for the purposes of reviewing pending applications for refugee status by Iraqi refugees, including internally displaced Iraqis. SEC. 8. REPORT ON REGIONAL IMPACT OF REFUGEE CRISIS. Not later than 60 days after the date of the enactment of this Act and not later than 60 days after the conclusion of each of the fiscal years specified in section 7, the Secretary of State shall submit to the appropriate congressional committees a report specifying-- (1) the burdens that Iraqi refugee populations are placing on their host countries; (2) the abilities of such host countries to cope with such burdens; (3) the security challenges that Iraqi refugee flows pose for countries in the region and the United States; and (4) the steps taken by the United States, such countries in the region, and the international community to address such challenges. SEC. 9. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED. In this Act, the term ``appropriate congressional committees'' means-- (1) with respect to sections 4 and 5-- (A) the Committee on Foreign Affairs, the Committee on the Judiciary, and the Committee on Appropriations of the House of Representatives; and (B) the Committee on Foreign Relations, the Committee on the Judiciary, and the Committee on Appropriations of the Senate; and (2) with respect to section 8-- (A) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate. | President Gerald R. Ford Iraqi Ally and Refugee Responsibility Memorial Act of 2007 - States that the United States: (1) accepts responsibility for the welfare and safety of Iraqis and their immediate family members who, as a consequence of working for or assisting the U.S. government or the U.S. Armed Forces, have become internally displaced or refugees or have a well-grounded fear of persecution or physical harm; and (2) will assist all Iraq refugees, including internally displaced Iraqis, and acknowledges that U.S. actions contributed to the refugee problem that developed subsequent to the U.S.-led invasion of Iraq in 2003. Directs the President to report to the appropriate congressional committees respecting: (1) the number of Iraqis who have been employed in Iraq by the U.S. government, the U.S. Armed Forces, coalition forces, contractors, and international organizations; and (2) plans to accelerate U.S. assistance to Iraqi refugees. Directs the President to submit to Congress legislative proposals to facilitate the resettlement in the United States of Iraqis who have a well-founded fear of persecution because of their employment by or assistance to the United States or a coalition country in Iraq. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Stormwater Enforcement and Permitting Act of 2006''. SEC. 2. DEFINITIONS. Section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362) is amended by adding at the end the following: ``(25) Residential construction activity.--The term `residential construction activity' means a construction activity associated with the development and construction of housing of any type (including structures accessory or appurtenant to the housing and any facilities or infrastructure necessary to serve the housing). ``(26) Operator.--The term `operator' means, with respect to a site at which a residential construction activity is being or will be carried out, a person (including a governmental entity) that-- ``(A) has operational control over construction plans and specifications (including the ability to make modifications to those plans and specifications); or ``(B) has day-to-day operational control over the construction activity that is necessary to ensure compliance with any applicable permit conditions and other regulatory requirements under this Act.''. SEC. 3. GREATER SPECIFICITY IN INFORMATION REQUESTS AND OPPORTUNITY FOR CORRECTIVE ACTION. (a) Inspections, Monitoring, and Entry.--Section 308(a)(4) of the Federal Water Pollution Control Act (33 U.S.C. 1318(a)(4)) is amended-- (1) in subparagraph (A), by striking ``and'' at the end; (2) in subparagraph (B), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(C) for purposes of obtaining information under subparagraph (A), the Administrator shall specify each point source for which information is sought if the point source is associated with residential construction activity.''. (b) Corrective Action for Residential Construction Sites.--Section 309 of the Federal Water Pollution Control Act (33 U.S.C. 1319) is amended by adding at the end the following: ``(h) Corrective Action for Residential Construction Sites.-- ``(1) Corrective action.-- ``(A) In general.--Except as provided in subparagraph (B), in the course of an inspection of a site at which a residential construction activity is being or will be carried out, or based on information obtained relating to such a site, under section 308(a), if the Administrator or an authorized representative of the Administrator discovers any violation of a permit condition relating to the site that may be rectified by modifying, revising, or supplementing records or paperwork, the Administrator or representative shall provide the operator with written notification of the basis for the violation, including specific measures to achieve compliance and a reasonable opportunity to correct any identified violation, before the exercise of any authority under this section. ``(B) Exceptions.--An opportunity described in subparagraph (A) shall not be provided to-- ``(i) the operator of any residential construction site that was required, and subsequently failed, to obtain coverage under a permit issued under section 402(a); or ``(ii) a record or paperwork violation that resulted in a violation of a water quality standard adopted under section 303. ``(2) Subsequent violation.--If the Administrator or an authorized representative of the Administrator subsequently inspects or requests information regarding a residential construction site for which an opportunity for corrective action was provided under paragraph (1)(A) and discovers a violation of the same permit condition that was corrected under paragraph (1)(A) or for which an opportunity to correct was provided, the operator of the site shall not be provided a further opportunity to correct the violation under this subsection before initiation of an enforcement action. ``(3) Limitation on authority of administrator.--If during any subsequent inspection, an operator of a residential construction site is found to not be in compliance after receiving a notification, consultation, and order to comply from the Administrator in accordance with paragraph (1)(A), the Administrator may exercise any authority under this section with respect to the operator and construction site.''. (c) Limitation on Actions During Opportunity To Correct.--Section 309(g)(6) of the Federal Water Pollution Control Act (33 U.S.C. 1319(g)(6)) is amended by striking subparagraph (A) and inserting the following: ``(A) Limitation on actions under other sections.-- ``(i) In general.--Except as provided in clause (ii), action taken by the Administrator or the Secretary, as the case may be, under this subsection shall not affect or limit the authority of the Administrator or Secretary to enforce any provision of this Act. ``(ii) Exceptions.--A violation shall not be the subject of a civil penalty action under subsection (d), section 311(b), or section 505 if-- ``(I) the Administrator or the Secretary has commenced and is diligently prosecuting an enforcement action under this subsection with respect to the violation; ``(II) a State has commenced and is diligently prosecuting an enforcement action under a State law comparable to this subsection with respect to the violation; ``(III) the Administrator, the Secretary, or the State has issued a final order with respect to the violation that is not subject to further judicial review and the violator has paid a penalty assessed under this subsection, or such comparable State law, as the case may be; or ``(IV) the Administrator or an authorized representative of the Administrator has provided the operator of a residential construction site an opportunity to correct the violation under subsection (h).''. SEC. 4. PAPERWORK LIMITATIONS FOR RESIDENTIAL CONSTRUCTION SITES. Section 402(l) of the Federal Water Pollution Control Act (33 U.S.C. 1342(l)) is amended by adding at the end the following: ``(3) Stormwater runoff from residential construction sites.-- ``(A) In general.--The Administrator shall neither require a permit, nor directly or indirectly require any State to require a permit, under this section for stormwater runoff from any site at which a residential construction activity is being or will be carried out if-- ``(i)(I) the runoff enters a municipal separate storm sewer system that is covered by a permit to which subsection (p) applies; and ``(II) the operator of the site is in compliance with requirements imposed by the permittee for the system to control stormwater runoff; or ``(ii) the site, during the period of the residential construction activity, has minimal potential for soil erosion caused by rainfall or overland flow because of soil type, geology, quantity and force of precipitation, and other conditions as calculated in accordance with subparagraph (B). ``(B) Minimal potential for soil erosion.--For the purpose of this paragraph, a residential construction site shall be considered to have minimal potential for soil erosion if the erosivity factor for the site during the period of residential construction activity is less than 5, as calculated based on the latest version of the revised universal soil loss equation developed by the Department of Agriculture.''. SEC. 5. FEDERAL ENFORCEMENT; NOTIFICATION TO POINT SOURCE OPERATORS AT RESIDENTIAL CONSTRUCTION SITE. (a) Federal Enforcement.--Section 402(p) of the Federal Water Pollution Control Act (33 U.S.C. 1342(p)) is amended by adding at the end the following: ``(7) Federal enforcement of state permits authorizing stormwater discharges from residential construction activity.-- ``(A) Governing state permit and regulations.--With respect to a permit issued by a State under a program approved under subsection (b) and authorizing a stormwater discharge from a site at which a residential construction activity is being or will be carried out, the exercise by the Administrator of authority under section 309 shall be-- ``(i) in coordination with the State that issued the applicable permit to be enforced; and ``(ii) limited to enforcement of-- ``(I) the terms and conditions of the permit and any implementing regulations promulgated by the State; and ``(II) any enforcement policy, protocol, or practice adopted or implemented by the State. ``(B) No effect on authority.-- ``(i) In general.--Nothing in this section affects any authority of the Administrator under section 308, including the authority to inspect and enter a site at which a residential construction activity is being or will be carried out, or otherwise investigate a potential violation of a permit issued under subsection (b). ``(ii) Violation of permit.--Violation of a permit authorizing a stormwater discharge from a site described in clause (i) based on information obtained by the Administrator under section 308 may result in the exercise of any authority of the Administrator under section 309. ``(C) Limitation on transfers to states.--If, as a result of any action brought under section 309, the Administrator receives or is awarded a fine or penalty for violation of a permit issued under this section by a State for a site on which a residential construction activity is being or will be carried out and for which the exercise of authority under section 309 was in accordance with subparagraph (A), and if the State that issued the permit does not participate in the action, the Administrator may not transfer, disburse, allocate, or otherwise pay all or any part of the fine or penalty to the State.''. (b) Notification to Point Source Operators at Residential Construction Sites.--Section 402(p) of the Federal Water Pollution Control Act (33 U.S.C. 1342(p)) (as amended by subsection (a)) is amended by adding at the end the following: ``(8) Notification of permit requirements for stormwater discharges from residential construction sites.-- ``(A) Stormwater informational pamphlet program.-- Not later than 180 days after the date of enactment of this paragraph, the Administrator shall establish, by regulation, a program that will provide for development, and distribution to operators of residential construction sites, of an informational pamphlet. ``(B) Pamphlet contents.--Under the program, operators of residential construction sites shall receive an informational pamphlet that-- ``(i) explains, at a minimum, permitting requirements under this section for stormwater discharges from a site at which a residential construction activity is being or will be carried out, including-- ``(I) the permitting requirements of subsections (a) and (b) and this subsection and any applicable regulations promulgated to carry out this section; and ``(II) fines and penalties that may arise from violations of those requirements; and ``(ii) includes contact information for appropriate permitting authorities. ``(C) Deadline for pamphlet development.--Under the program-- ``(i) a pamphlet shall be developed for distribution not later than 180 days after the date of promulgation of the regulations establishing the program; ``(ii) operators of residential construction sites shall be informed of the availability of the pamphlets; and ``(iii) a pamphlet shall be given to an operator of a residential construction site at the earliest appropriate point in the process under which the operator is seeking approval from a local government to carry out a residential construction activity. ``(D) Consultation.--The Administrator shall consult with State and interstate water pollution control administrators and other affected interests in establishing the program.''. SEC. 6. GENERAL PERMITS. Section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) is amended by adding at the end the following: ``(r) General Permits on a State, Regional, or Nationwide Basis.-- ``(1) In general.--In carrying out responsibilities and functions of the Administrator or a State under a program approved under subsection (b) relating to the discharge of pollutants under this section, the Administrator or the State may issue a general permit on a State, regional, or nationwide basis to cover any category of discharges, sludge use, disposal practices, or facilities. ``(2) General permit term.--No general permit issued under this section shall be for a period of more than 5 years beginning on the date of issuance of the general permit. ``(3) Notice.--Before issuing a general permit under this section, the Administrator or a State shall provide to the public notice and opportunity to comment on the general permit for a period of not less than 45 days. ``(4) Review not required.--The Administrator or a State shall not be required to specifically review, approve, or provide notice and an opportunity for a public hearing and comment on any application for a discharge under a general permit issued under this section. ``(5) Effective period for preexisting general permits.-- Any general permit issued under this section by the Administrator or a State before the date of enactment of this subsection shall remain in effect under the terms and conditions in effect on the date of issuance of the general permit.''. | Stormwater Enforcement and Permitting Act of 2006 - Amends the Federal Water Pollution Control Act to direct the Administrator of the Environmental Protection Agency (EPA) to provide an operator a reasonable opportunity to correct a violation of a permit condition for a site with residential construction activity before initiation of an enforcement action, if such violation may be rectified by modifying, revising, or supplementing records or paperwork. Prohibits such an opportunity from being provided: (1) to the operator of any residential construction site that failed to obtain coverage under a national pollutant discharge elimination system permit; or (2) for a record or paperwork violation that resulted in a violation of a water quality standard. Prohibits more than one opportunity to correct violations of the same condition. Prohibits the Administrator from requiring a permit for stormwater runoff from such a site if: (1) the runoff enters a municipal separate storm sewer system that is covered by a permit and the operator is in compliance with runoff requirements; and (2) such site has minimal potential for soil erosion. Requires the Administrator to coordinate enforcement of stormwater discharge permits with states. Prohibits the Administrator from paying any state penalty for a violation of a permit for such a discharge. Requires the Administrator to establish a program that will develop and distribute to site operators a pamphlet that explains permitting requirements for stormwater discharges. Authorizes the Administrator or the state to issue a general permit for no more than five years on a state, regional, or nationwide basis to cover any category of discharges, sludge use, disposal practices, or facilities. Declares that the Administrator or state is not required to review, approve, or provide an opportunity for public comment on any application for a discharge under a general permit. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Transparency in Assertion of Patents Act''. SEC. 2. TRANSPARENCY IN ASSERTION OF PATENTS. (a) Disclosures.--The Federal Trade Commission (referred to in this Act as the ``Commission'') shall promulgate rules to prohibit unfair or deceptive acts and practices in the sending of written communication that states that the intended recipient of the written communication, or any person affiliated with the intended recipient, is infringing or may be infringing the patent of and bears liability or owes compensation to another. Such rules shall establish the disclosures that a written communication to which this subsection applies must contain, including-- (1) a detailed description of-- (A) each patent allegedly infringed, including the patent number; and (B) each claim of each patent that is allegedly infringed; (2) a clear, accurate, and detailed description, such as the manufacturer and model number, of each product, device, business method, service, or technology that allegedly infringes each claim under paragraph (1)(B) or that is covered by that claim; (3) a clear, accurate, and detailed description of how a product, device, business method, service, or technology under paragraph (2) allegedly infringes a patent or claim under paragraph (1); (4) notice to the intended recipient that the intended recipient may have the right to have the manufacturer under paragraph (2) defend against the alleged infringement; (5) a name, an address, and any other contact information necessary for an intended recipient to determine the identity of a person with the right to enforce a patent described under paragraph (1) or with a direct financial interest in a patent described under paragraph (1), including each owner, co-owner, assignee, exclusive licensee, and entity with the authority to enforce the patent, and the ultimate parent entity (as defined in section 801.1(a)(3) of title 16, Code of Federal Regulations, or any successor regulation) of each owner, co- owner, assignee, exclusive licensee, and entity with the authority to enforce the patent; (6) a description of any licensing commitment or obligation, such as reasonable and non-discriminatory terms, that applies to a patent or claim under paragraph (1); (7) if compensation is proposed, the method used to calculate that proposed amount; (8) each current instance of reexamination or other post- grant review of each patent described under paragraph (1) at the Patent and Trademark Office, any past or ongoing litigation involving the patent, and the status of such review and any determinations as to the invalidity of the patent or any of its claims; and (9) other disclosures that the Commission considers necessary to carry out the purpose of this Act. (b) Exemptions.--The rules promulgated by the Commission under subsection (a) may exempt from any requirement of that subsection written communication between parties regarding existing licensing agreements, and any other written communication, that the Commission determines is not necessary for the protection of consumers or within the scope of the purposes of this Act. (c) Unfair or Deceptive Assertions.--The Commission shall promulgate rules to prohibit unfair or deceptive assertions in written communication to which subsection (a) applies. Such rules shall specify the actions that constitute an unfair or deceptive assertion, including-- (1) an assertion that falsely threatens administrative or judicial relief will be sought if compensation is not paid or the infringement is not otherwise resolved; (2) an assertion that lacks a reasonable basis in fact or law; and (3) an assertion that is likely to materially mislead a reasonable intended recipient. (d) Consumer Education.--The Commission shall provide education and awareness to the public regarding unfair or deceptive patent assertions. (e) Rulemaking.--The Commission shall promulgate the rules under this Act in accordance with section 553 of title 5, United States Code. (f) Enforcement by the Commission.--A violation of a rule promulgated under this Act shall be treated as a violation of a rule defining an unfair or deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). The Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. Any person who violates this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.). (g) Enforcement by State Attorneys General.-- (1) Civil action.--In any case in which the attorney general of a State, or an official or agency of a State, has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by engagement of any person subject to a rule promulgated under this Act in a practice that violates the rule, the attorney general, official, or agency of the State, as parens patriae, may bring a civil action on behalf of the residents of the State in an appropriate district court of the United States-- (A) to enjoin further violation of the rule by the defendant; (B) to compel compliance with the rule; (C) to obtain damages, restitution, or other compensation on behalf of such residents; (D) to obtain such further and other relief as the court considers appropriate; or (E) to obtain civil penalties in the amount determined under paragraph (2). (2) Civil penalties.-- (A) Calculation.--For purposes of imposing a civil penalty under paragraph (1)(E), the amount determined under this paragraph is the amount calculated by multiplying the number of separate violations of a rule by an amount not greater than $16,000. (B) Adjustment for inflation.--Beginning on the date that the Consumer Price Index is first published by the Bureau of Labor Statistics that is after 1 year after the date of enactment of this Act, and each year thereafter, the amount specified in subparagraph (A) shall be increased by the percentage increase in the Consumer Price Index published on that date from the Consumer Price Index published the previous year. (3) Intervention by the commission.-- (A) Notice and intervention.--The State shall provide prior written notice of any civil action under paragraph (1) to the Commission and provide the Commission with a copy of its complaint, except in any case in which such prior notice is not feasible, in which case the State shall serve such notice immediately upon commencing such action. The Commission shall have the right-- (i) to intervene in the civil action; (ii) upon so intervening, to be heard on all matters arising in the civil action; and (iii) to file petitions for appeal of a decision in the civil action. (B) Limitation on state action while federal action is pending.--If the Commission has instituted a civil 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 for any violation of this Act alleged in the complaint. (4) Construction.--For purposes of bringing any civil action under paragraph (1), nothing in this Act shall be construed to prevent an attorney general of a State from exercising the powers conferred on the attorney general by the laws of that State to conduct investigations, to administer oaths or affirmations, or to compel the attendance of witnesses or the production of documentary and other evidence. (h) Rule of Construction.--Nothing in this Act shall be construed as limiting or otherwise affecting in any way-- (1) any other authority of the Commission; or (2) the application of title 35, United States Code, or any other provision of law relating to patents. | Transparency in Assertion of Patents Act - Directs the Federal Trade Commission (FTC) to promulgate rules prohibiting unfair or deceptive acts and practices in the sending of written communications (commonly referred to as "demand letters") stating that the intended recipient, or any person affiliated with the intended recipient: (1) is infringing, or may be infringing, the patent of another; and (2) bears liability or owes compensation. Requires such rules to establish disclosures that such written communications must contain, including: each claim of each patent allegedly infringed; each product, device, business method, service, or technology that allegedly infringes each claim; a notice that the intended recipient may have the right to have the product manufacturer defend against the infringement; contact information necessary to determine the identity of a person with the right to enforce the patent or with a direct financial interest in the patent, including each owner, co-owner, assignee, exclusive licensee, and entity with the authority to enforce the patent, as well as the ultimate parent entity with such authority; any licensing commitment or obligation (such as reasonable and non-discriminatory terms) that applies to the patent or claim; the method used to calculate any proposed compensation; and each current instance of reexamination or other post-grant review of the patent at the U.S. Patent and Trademark Office (USPTO), any litigation involving the patent, and the status of such review and any determinations as to the invalidity of the patent or any of its claims. Directs the FTC to: (1) prohibit unfair or deceptive assertions in such written communications, and (2) provide education and awareness to the public regarding deceptive communications. Sets forth the enforcement authority of the FTC and authorizes civil actions by states. Establishes civil penalties applicable to state actions. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Sunshine for Regulatory Decrees and Settlements Act of 2012''. SEC. 2. CONSENT DECREE AND SETTLEMENT REFORM. (a) Application.--The provisions of this section apply in the case of-- (1) a consent decree or settlement agreement in an action to compel agency action alleged to be unlawfully withheld or unreasonably delayed that pertains to a regulatory action that affects the rights of private parties other than the plaintiff or the rights of State, local or Tribal government entities-- (A) brought under chapter 7 of title 5, United States Code; or (B) brought under any other statute authorizing such an action; and (2) any other consent decree or settlement agreement that requires agency action that pertains to a regulatory action that affects the rights of private parties other than the plaintiff or the rights of State, local or Tribal government entities. (b) In General.--In the case of an action to be resolved by a consent decree or a settlement agreement described in paragraph (1), the following shall apply: (1) The complaint in the action, the consent decree or settlement agreement, the statutory basis for the consent decree or settlement agreement and its terms, and any award of attorneys' fees or costs shall be published, including electronically, in a readily accessible manner. (2) Until the conclusion of an opportunity for affected parties to intervene in the action, a party may not file with the court a motion for a consent decree or to dismiss the case pursuant to a settlement agreement. (3) In considering a motion to intervene by any party that would be affected by the agency action in dispute, the court shall presume, subject to rebuttal, that the interests of that party would not be represented adequately by the current parties to the action. In considering a motion to intervene filed by a State, local or Tribal government entity, the court shall take due account of whether the movant-- (A) administers jointly with the defendant agency the statutory provisions that give rise to the regulatory duty alleged in the complaint; or (B) administers State, local or Tribal regulatory authority that would be preempted by the defendant agency's discharge of the regulatory duty alleged in the complaint. (4) If the court grants a motion to intervene in the action, the court shall include the plaintiff, the defendant agency, and the intervenors in settlement discussions. Settlement efforts conducted shall be pursuant to a court's mediation or alternative dispute resolution program, or by a district judge, magistrate judge, or special master, as determined by the assigned judge. (5) The defendant agency shall publish in the Federal Register and by electronic means any proposed consent decree or settlement agreement for no fewer than 60 days of public comment before filing it with the court, including a statement of the statutory basis for the proposed consent decree or settlement agreement and its terms, allowing comment on any issue related to the matters alleged in the complaint or addressed or affected by the consent decree or settlement agreement. (6) The defendant agency shall-- (A) respond to public comments received under paragraph (5); and (B) when moving that the court enter the consent decree or for dismissal pursuant to the settlement agreement-- (i) inform the court of the statutory basis for the proposed consent decree or settlement agreement and its terms; (ii) submit to the court a summary of the public comments and agency responses; (iii) certify the administrative record of the notice and comment proceeding to the court; and (iv) make that record fully accessible to the court. (7) The court shall include in the judicial record the administrative record certified by the agency under paragraph (6). (8) If the consent decree or settlement agreement requires an agency action by a date certain, the agency shall, when moving for entry of the consent decree or dismissal based on the settlement agreement-- (A) inform the court of any uncompleted mandatory duties to take regulatory action that the decree or agreement does not address; (B) how the decree or agreement, if approved, would affect the discharge of those duties; and (C) why the decree's or agreement's effects on the order in which the agency discharges its mandatory duties is in the public interest. (9) The court shall presume, subject to rebuttal, that it is proper to allow amicus participation by any party who filed public comments on the consent decree or settlement agreement during the court's consideration of a motion to enter the decree or dismiss the case on the basis of the agreement. (10) The court shall ensure that the proposed consent decree or settlement agreement allows sufficient time and procedure for the agency to comply with chapter 5 of title 5, United States Code, and other applicable statutes that govern rule making and, unless contrary to the public interest, the provisions of any executive orders that govern rule making. (11) The defendant agency may, at its discretion, hold a public hearing pursuant to notice in the Federal Register and by electronic means, on whether to enter into the consent decree or settlement agreement. If such a hearing is held, then, in accordance with paragraph (6), a summary of the proceedings and certification of the hearing record shall be provided to the court, access to the hearing record shall be given to the court, and the full hearing record shall be included in the judicial record. (12) The Attorney General, in cases litigated by the Department of Justice, or the head of the defendant Federal agency, in cases litigated independently by that agency, shall certify to the court his or her approval of any proposed consent decree or settlement agreement that contains any of the following terms-- (A) in the case of a consent decree, terms that-- (i) convert into mandatory duties the otherwise discretionary authorities of an agency to propose, promulgate, revise or amend regulations; (ii) commit the agency to expend funds that Congress has not appropriated and that have not been budgeted for the action in question, or commit an agency to seek a particular appropriation or budget authorization; (iii) divest the agency of discretion committed to it by Congress or the Constitution, whether such discretionary power was granted to respond to changing circumstances, to make policy or managerial choices, or to protect the rights of third parties; or (iv) otherwise afford relief that the court could not enter on its own authority upon a final judgment in the litigation; or (B) in the case of a settlement agreement, terms that-- (i) interfere with the agency's authority to revise, amend, or issue rules through the procedures set forth in chapter 5 of title 5, United States Code, or any other statute or executive order prescribing rule making procedures for rule makings that are the subject of the settlement agreement; (ii) commit the agency to expend funds that Congress has not appropriated and that have not been budgeted for the action in question; or (iii) provide a remedy for the agency's failure to comply with the terms of the settlement agreement other than the revival of the action resolved by the settlement agreement, if the agreement commits the agency to exercise its discretion in a particular way and such discretionary power was committed to the agency by Congress or the Constitution to respond to changing circumstances, to make policy or managerial choices, or to protect the rights of third parties. (c) Annual Reports.--Each agency shall submit an annual report to Congress on the number, identity, and content of complaints, consent decrees, and settlement agreements described in paragraph (1) for that year, the statutory basis for each consent decree or settlement agreement and its terms, and any awards of attorneys fees or costs in actions resolved by such decrees or agreements. SEC. 3. MOTIONS TO MODIFY CONSENT DECREES. When a defendant agency moves the court to modify a previously entered consent decree described under section 2 and the basis of the motion is that the terms of the decree are no longer fully in the public interest due to the agency's obligations to fulfill other duties or due to changed facts and circumstances, the court shall review the motion and the consent decree de novo. SEC. 4. EFFECTIVE DATE. The provisions of this Act apply to any covered consent decree or settlement agreement proposed to a court after the date of enactment of this Act. | Sunshine for Regulatory Decrees and Settlements Act of 2012 - (Sec. 2) States that the provisions of this Act shall apply to: (1) a consent decree or settlement agreement in an action to compel agency action alleged to be unlawfully withheld or unreasonably delayed that pertains to a regulatory action that affects the rights of private parties other than the plaintiff or the rights of state, local, or tribal governments brought under judicial review provisions of the U.S. Code or under any other statute authorizing such an action; and (2) any other consent decree or settlement agreement that requires agency action that pertains to a regulatory action that affects the rights of private parties other than the plaintiff or the rights of state, local, or tribal governments. Sets forth requirements with respect to actions to be resolved by a consent decree or settlement agreement under this Act, including requiring: (1) publication in a readily accessible manner (including electronically) of the complaint, the consent decree or settlement agreement, the statutory basis for the decree or agreement and its terms, and any award of attorneys' fees or costs; (2) an opportunity for affected parties to intervene in an action prior to the entry of a consent decree or settlement agreement; (3) referral to a mediation or alternative dispute resolution program after a motion to intervene is granted; (4) an opportunity for public comment on a proposed consent decree or settlement agreement before it is filed with a court; and (5) approval by the Attorney General of any proposed consent decree or settlement agreement in cases litigated by the Department of Justice (DOJ). Requires each agency to submit an annual report to Congress on the number, identity, and content of complaints, consent decrees, and settlement agreements for that year, including the statutory basis for each decree or agreement and its terms, and any awards of attorneys fees or costs in actions resolved by decrees or agreements. (Sec. 3) Requires a court to grant de novo review to any motion filed by an agency to modify a previously-entered consent decree if the basis of such motion is that the terms of the decree are no longer fully in the public interest due to the agency's obligations to fulfill other duties or due to changed facts and circumstances. (Sec. 4) Makes the provisions of this Act applicable to any covered consent decree or settlement agreement proposed to a court after the enactment of this Act. |
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