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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Willamette River United Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Purposes. Sec. 4. Definitions. Sec. 5. Grant authorization. Sec. 6. Private property protection and lack of regulatory effect. Sec. 7. Tribal Rights and Interests. Sec. 8. Authorization of appropriations. Sec. 9. Agency partnership authorization. SEC. 2. FINDINGS. Congress finds the following: (1) The Willamette River basin has been inhabited by humans for at least 12,000 years, providing natural resources for the cultural life-ways for the Native American tribes of the Willamette Valley, Euro-Americans, pioneers, and other citizens. The area has sustained a cultural history that predates the Ice Age Floods of Missoula, Montana. (2) The Willamette River Basin comprises almost 12,000 square miles, is home to almost 70 percent of Oregon's population, and generates approximately 75 percent of the economic activity of the State. (3) By 2050, an additional 1,700,000 people are expected to inhabit the Willamette River Basin, bringing the total population to approximately 4,000,000. (4) The Willamette River is the 13th largest river, based on stream flow and produces the most runoff for its land area of any river in the Continental United States. Thirteen major tributaries feed into the mainstem Willamette. (5) The river and surrounding tributaries are home to a wide variety of fish and wildlife. In particular, the river is part of a migratory route for a variety of anadromous fish and provides spawning grounds for coho salmon, lamprey, sturgeon, spring and fall run chinook, and steelhead and cutthrout trout. (6) The Willamette River is one of 14 rivers designated an American Heritage River in 1998. The American Heritage Rivers initiative is an innovative response to help river communities that seek Federal assistance and other resources to meet tough challenges, without imposing new regulations on private property owners and businesses. (7) State, local, and tribal governments and local private for-profit and non-profit organizations have provided significant resources and technical assistance to address natural resource and environmental protection, economic revitalization, archaeological resource protection, and historic and cultural preservation through collaborative partnerships. (8) None of the accomplishments realized by the Willamette River through the American Heritage Rivers initiative could have occurred without the strong commitment of the Federal Government agencies to facilitate cooperative conservation actions that relate to use, enhancement, and enjoyment of natural resources, protection of the environment, or both, and that involve collaborative activity among Federal, State, local, and tribal governments, private for-profit and nonprofit institutions, other non-governmental entities and individuals. (9) The natural resource federal agencies provide critical studies, analysis, technical assistance and expertise such that the scope of work that can be accomplished by local river communities is limited when these agencies are not adequately funded. (10) Despite continued population growth, ongoing cleanup efforts have resulted in improvement toward several measures of watershed health, but more must be done to restore the river's long-term health. (11) Nature observation and sightseeing are among the fastest growing recreation activities in the Willamette Basin, increasing by 254 percent and 69 percent respectively, in the last 15 years. (12) The Willamette River is experiencing renewed investments of State, regional, and non-government funding to capitalize on this increasing interest in the river from visitors and residents. (13) Such investments include a $227,400,000 bond measure voters approved in 2006 to protect natural areas and lands near rivers and streams throughout the Portland metro region, safeguarding the quality of water while managing the impacts of growth and maintaining the area's quality of life for future generations. SEC. 3. PURPOSES. The purposes of this Act are: (1) To continue the work to enhance access to the Willamette River that has been initiated by the Willamette River Basin communities, State, regional, local, and Indian tribal governments and non-government partnerships, and for other purposes. (2) To assist the State of Oregon and the communities of the Willamette River Basin in restoring, preserving, protecting, promoting, and interpreting these historic, recreational, and natural resources for the benefit of the Nation. (3) To authorize partnerships among Federal agencies, State, local, and Indian tribal governments, local communities, conservation organizations, and other non-Federal entities to carry-out the above-mentioned purposes. SEC. 4. DEFINITIONS. For the purposes of this Act: (1) Indian tribal governments.--The term ``Indian tribal governments'' means the governing body of one or more of the following federally recognized Indian tribes: (A) The Confederated Tribes of the Grand Ronde Community of Oregon. (B) The Confederated Tribes of the Siletz Indians. (C) The Confederated Tribes of the Umatilla Indian Reservation. (D) The Confederated Tribes of the Warm Springs Reservation of Oregon. (E) The Nez Perce Tribe. (F) The Yakama Indian Nation. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) Willamette river.--The term ``Willamette River'' means the approximately 187 miles from the headwaters at three separate forks, (Middle, North and Coast Forks in the mountains south and southeast of Eugene) at the southern end of the Willamette Valley to the confluence with the Columbia River at St. Helens (north of Portland). (4) Willamette river tributaries.--The term ``Willamette River Tributaries'' includes Calapooia, Clackamas, Coast Fork Willamette, Long Tom, Luckiamute, McKenzie, Marys, Middle Fork Willamette, Molalla, Pudding, Santiam, Tualatin, and Yamhill rivers. (5) Willamette river basin.--The term ``Willamette River Basin'' means the area in which all surface water, approximately 11,000 miles of wetlands, creeks, streams, and rivers feed the Willamette River mainstem flows from its headwaters in the Cascades and Coast Range. (6) Conservation projects.--The term ``conservation projects'' includes-- (A) projects to restore and protect the natural hydrologic functions of the Willamette River Basin; (B) projects to restore and protect habitat for aquatic, riparian, wetland, and upland flora and fauna; (C) acquisition from willing sellers of conservation easements or title to land; and (D) projects to restore and protect water quality. SEC. 5. GRANT AUTHORIZATION. (a) Authorization; Cooperative Agreement.--The Secretary shall enter into cooperative agreements with the Oregon Parks and Recreation Department and the Oregon Watershed Enhancement Board to provide for those entities to administer the grant program authorized by this section. (b) Eligible Projects.--Grants under this section may be made for recreation, historic, archaeological, and cultural preservation or conservation projects that-- (1) provide restroom, dock, and trash facilities along the river; (2) provide safety education; (3) provide bicycle, pedestrian, and water trail signs on Willamette River and signs to commercial districts off the river; (4) provide non-motorized craft acquisition for State agency enforcement and river education; (5) design, plan, create, or complete bicycle, pedestrian, and water trails and bridges, recreation areas, parks, and conservation and wildlife reserves on and along the Willamette River and its tributaries and enrich their experiences; (6) enhance recreation, conservation, interpretation, and tourism to draw people to the Willamette River; (7) employ improved technologies, innovative partnerships, wetlands creation, and other creative devices to reduce pollution; (8) restore, enhance, and protect water quality and watershed health and function through restoration and improvements by watershed councils, conservation districts, special districts, private land owners, tribal governments, local governments, and non-profit and non-governmental organizations, including research activities to better understand the ecosystem needs to restore fish and wildlife; (9) provide outreach and education to promote and foster resource stewardship and to build social capacity to sustain and support environmental improvements; (10) acquire, under priorities and eligibility conditions of the Statewide Comprehensive Outdoor Recreation Plan or of the Oregon Watershed Enhancement Board's Acquisitions program, interests in land, including easements, for the purposes of bike, pedestrian trails, parks, fish and wildlife habitat, conservation projects, and ecological restoration, including aquatic ecological restoration along the Willamette River and its tributaries; (11) design of park and recreation and conservation projects, including the mapping, data collection, engineering, analysis of biology, hydrology and soils, and other technical evaluation; (12) outreach to demonstrate the value of coordination and collaboration among communities pursuing common objectives along the length of the Willamette River; and (13) outreach to interested and affected communities to solicit involvement in and to explain the projects authorized by this Act. (c) Specific Eligible Grant Projects.--Examples of grants that may be considered for these purposes include the following: (1) South Waterfront Greenway in Portland. (2) Salem Downtown Parks Connections Conversion. (3) Willamette River national heritage area study to be conducted by National Park Service. (4) Wilsonville Park to Boat Works Park pedestrian-bike bridge. (d) Limitations.--Funds made available through grants made under this Act may not be used-- (1) to support regulatory actions or mitigation thereof; or (2) for operations and maintenance costs. (e) Matching Requirements.--Projects funded with grants made under this Act shall have Federal, State, Tribal, regional, local, or private funding commitment based on grant authorization matching requirements of the Oregon Parks and Recreation Department or the Oregon Watershed Enhancement Board. Grants made under this Act for implementation shall require at least a 35 percent match from grantees. In-kind service may qualify as fulfillment of the 35 percent matching requirement and special consideration may be given to communities that can demonstrate local capacity building. The Oregon Parks and Recreation Department or Oregon Watershed Enhancement Board may issue a rule by which the requirement under this subsection may be waived in whole or in part for land acquisition. (f) Cooperative Agreement.--Oregon Parks and Recreation Department and Oregon Watershed Enhancement Board shall enter into a cooperative agreement to eliminate redundancy and enhance coordination to administer the grant program authorized by this section. SEC. 6. PRIVATE PROPERTY PROTECTION AND LACK OF REGULATORY EFFECT. (a) Recognition of Authority to Control Land Use.--Nothing in this Act modifies any authority of Federal, State, or local governments to regulate land use. (b) Voluntary Participation of Private Property Owners Only.-- Nothing in this Act requires the owner of any private property located in the Willamette Basin to participate in the land conservation, financial, or technical assistance or any other programs established under this Act. (c) Purchase of Land or Interests in Land From Willing Sellers Only.--Funds appropriated to carry out this Act may be used to purchase land or interests in land only from willing sellers. (d) Access to Private Property of Participating Landowners.-- Private property landowners voluntarily participating in this Act shall permit access (including Federal, State, or local government access) to their property, at times agreeable to the landowner, to implement, inspect, monitor, or perform repairs or maintenance to projects funded under this Act. (e) Liability.--Nothing in this Act creates any liability, or has any effect on liability under any other law, of a private property owner voluntarily participating in this Act with respect to any persons injured on the private property. SEC. 7. TRIBAL RIGHTS AND INTERESTS. Nothing in this Act creates, alters, adjusts, or diminishes any treaty right or other right or interest of any Indian tribal government. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to the Secretary $10,000,000 for each of fiscal years 2009 through 2018, to remain available until expended. Of this amount $100,000 shall be available in each fiscal year to Oregon's Department of Environmental Quality for reducing sources of pollution in the Willamette River. Of the remainder, the Secretary shall distribute 50 percent to the Oregon Parks and Recreation Department and 50 percent to the Oregon Watershed Enhancement Board to carry out this Act. (b) Administrative Costs.--In addition to amounts authorized under subsection (a), there is authorized to be appropriated such funds as may be necessary for the Oregon Parks and Recreation Department and the Oregon Watershed Enhancement Board to administer the grant program. SEC. 9. AGENCY PARTNERSHIP AUTHORIZATION. Federal agencies with administrative jurisdiction over natural resources or parks of the United States, such as the National Marine Fisheries Service, the Department of the Interior, the Forest Service, United States Fish and Wildlife Service, United States Geologic Service, Natural Resources Conservation Service, Environmental Protection Agency, and the Army Corps of Engineers may-- (1) use funds not otherwise obligated to provide-- (A) technical and financial assistance, engineering and hydrology studies, and other assistance to the grant programs of the Oregon Watershed Enhancement Board and the Oregon Parks and Recreation Department when a private investment has been identified and private funds committed to that project; and (B) financial assistance to Willamette River restoration, recreation, heritage and tourism efforts if the private or public partner can demonstrate strong support in the community; and (2) enter into an agreement with Oregon Watershed Enhancement Board or Oregon Parks and Recreation Department to administer the Federal assistance but does not obligate the State agencies to any unfunded Federal authorization. | Willamette River United Act - Directs the Secretary of the Interior to enter into cooperative agreements with the Oregon Parks and Recreation Department (OPRD) and the Oregon Watershed Enhancement Board to administer grants for recreation, historic, archeological, and cultural preservation or conservation projects. Specifies the general types of projects and specific projects for which grants may be made. Prohibits grant funds from being used: (1) to support regulatory actions or mitigation thereof; or (2) for operations and maintenance costs. Sets forth grant matching requirements. Provides that: (1) private property owners located in the Willamette Basin are not required to participate in programs established under this Act; and (2) funds appropriated to carry out this Act may be used to purchase land only from willing sellers. Requires private landowners voluntarily participating in this Act to permit access to their property to implement, inspect, monitor, or perform repairs or maintenance to funded projects. Authorizes federal agencies with jurisdiction over U.S. natural resources or parks to: (1) use funds to provide assistance to the grant programs of the Board and OPRD when a private investment has been identified and private funds have been committed to a project and to provide financial assistance to Willamette River restoration, recreation, heritage and tourism efforts if the partner can demonstrate strong support in the community; and (2) enter into an agreement with the Board or OPRD to administer federal assistance. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Disaster Tax Act of 2011''. SEC. 2. LOSSES ATTRIBUTABLE TO FEDERALLY DECLARED DISASTERS. (a) Waiver of Adjusted Gross Income Limitation; Increase in Standard Deduction by Disaster Casualty Loss.-- (1) In general.--Subclause (I) of section 165(h)(3)(B)(i) of the Internal Revenue Code of 1986 is amended by striking ``before January 1, 2010'' and inserting ``after December 31, 2010''. (2) Effective date.--The amendment made by this subsection shall apply to disasters declared in taxable years beginning after December 31, 2010. (b) Increase in Limitation on Individual Loss Per Casualty.-- (1) In general.--Paragraph (1) of section 165(h) of the Internal Revenue Code of 1986 is amended by striking ``($100 for taxable years beginning after December 31, 2009)''. (2) Effective date.--The amendment made by this subsection shall apply to taxable years beginning after December 31, 2010. (c) Technical Amendment.--Clause (i) of section 165(h)(3)(C) of the Internal Revenue Code of 1986 is amended by inserting ``major'' after ``means any''. SEC. 3. EXPENSING OF QUALIFIED DISASTER EXPENSES. (a) In General.--Subparagraph (A) of section 198A(b)(2) of the Internal Revenue Code of 1986 is amended by striking ``before January 1, 2010'' and inserting ``after December 31, 2010''. (b) Effective Date.--The amendment made by this section shall apply to amounts paid or incurred after December 31, 2010, in connection with disasters declared after such date. SEC. 4. NET OPERATING LOSSES ATTRIBUTABLE TO FEDERALLY DECLARED DISASTERS. (a) In General.--Subclause (I) of section 172(j)(1)(A)(i) of the Internal Revenue Code of 1986 is amended by striking ``before January 1, 2010'' and inserting ``after December 31, 2010''. (b) Elimination of Exclusion.--Section 172(j) of the Internal Revenue Code of 1986 is amended by striking paragraph (4). (c) Effective Date.--The amendments made by this section shall apply to losses arising in taxable years beginning after December 31, 2010, in connection with disasters declared after such date. SEC. 5. WAIVER OF CERTAIN MORTGAGE REVENUE BOND REQUIREMENTS FOLLOWING FEDERALLY DECLARED DISASTERS. (a) In General.--Subparagraphs (A)(i) and (B)(i) of section 143(k)(12) of the Internal Revenue Code of 1986, as added by the Tax Extenders and Alternative Minimum Tax Relief Act of 2008, are each amended by striking ``before January 1, 2010'' and inserting ``after December 31, 2010''. (b) Effective Date.--The amendments made by this section shall apply to disasters occurring after December 31, 2010. SEC. 6. INCREASED EXPENSING FOR QUALIFIED DISASTER ASSISTANCE PROPERTY. (a) In General.--Paragraph (2) of section 179(e) of the Internal Revenue Code of 1986 is amended by inserting ``, except that `after December 31, 2010' shall be substituted for `before January 1, 2010' in subparagraph (A)(ii)(I) thereof'' after ``as defined in section 168(n)(2)''. (b) Elimination of Exclusion.--Section 168(n)(2)(B) of the Internal Revenue Code of 1986 is amended by inserting ``and'' at the end of clause (i), by striking ``, and'' at the end of clause (ii) and inserting a period, and by striking clause (iii). (c) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2010, with respect to disasters declared after such date. SEC. 7. INCREASED LIMITATION ON CHARITABLE CONTRIBUTIONS FOR DISASTER RELIEF. (a) Individuals.--Paragraph (1) of section 170(b) of the Internal Revenue Code of 1986 is amended by redesignating subparagraphs (F) and (G) as subparagraphs (G) and (H), respectively, and by inserting after subparagraph (E) the following new subparagraph: ``(F) Qualified disaster contributions.-- ``(i) In general.--Any qualified disaster contribution shall be allowed to the extent that the aggregate of such contributions does not exceed the excess of 80 percent of the taxpayer's contribution base over the amount of all other charitable contributions allowable under this paragraph. ``(ii) Carryover.--If the aggregate amount of contributions described in clause (i) exceeds the limitation under clause (i), such excess shall be treated (in a manner consistent with the rules of subsection (d)(1)) as a charitable contribution to which clause (i) applies in each of the 5 succeeding years in order of time. ``(iii) Coordination with other subparagraphs.--For purposes of applying this subsection and subsection (d)(1), contributions described in clause (i) shall not be treated as described in subparagraphs (A) and such subparagraph shall be applied without regard to such contributions. ``(iv) Qualified disaster contributions.-- For purposes of this subparagraph, the term `qualified disaster contribution' means any charitable contribution if-- ``(I) such contribution is made after the date of the enactment of this paragraph, ``(II) such contribution is made in cash to an organization described in subparagraph (A) (other than an organization described in section 509(a)(3)), and ``(III) such contribution is for relief efforts related to a federally declared disaster (as defined in section 165(h)(3)(C)(i)). Such term shall not include a contribution if the contribution is for establishment of a new, or maintenance in an existing, donor advised fund (as defined in section 4966(d)(2)). ``(v) Substantiation requirement.--This paragraph shall not apply to any qualified disaster contribution unless the taxpayer obtains from such organization to which the contribution was made a contemporaneous written acknowledgment (within the meaning of subsection (f)(8)) that such contribution was used (or is to be used) for a purpose described in clause (iv)(III).''. (b) Corporations.-- (1) In general.--Paragraph (2) of section 170(b) of the Internal Revenue Code of 1986 is amended by redesignating subparagraph (C) as subparagraph (D) and by inserting after subparagraph (B) the following new subparagraph: ``(C) Qualified disaster contributions.-- ``(i) In general.--Any qualified disaster contribution shall be allowed to the extent that the aggregate of such contributions does not exceed the excess of 20 percent of the taxpayer's taxable income over the amount of charitable contributions allowed under subparagraph (A). ``(ii) Carryover.--If the aggregate amount of contributions described in clause (i) exceeds the limitation under clause (i), such excess shall be treated (in a manner consistent with the rules of subsection (d)(1)) as a charitable contribution to which clause (i) applies in each of the 5 succeeding years in order of time. ``(iii) Qualified disaster contribution.-- The term `qualified disaster contribution' has the meaning given such term under paragraph (2)(F)(iv). ``(iv) Substantiation requirement.--This paragraph shall not apply to any qualified disaster contribution unless the taxpayer obtains from such organization to which the contribution was made a contemporaneous written acknowledgment (within the meaning of subsection (f)(8)) that such contribution was used (or is to be used) for a purpose described in paragraph (1)(F)(iv)(III).''. (2) Conforming amendments.-- (A) Subparagraph (A) of section 170(b)(2) of such Code is amended by striking ``subparagraph (B) applies'' and inserting ``subparagraphs (B) and (C) apply''. (B) Subparagraph (B) of section 170(b)(2) of such Code is amended by striking ``subparagraph (A)'' and inserting ``subparagraphs (A) and (C)''. (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. 8. INCREASE IN NEW MARKETS TAX CREDIT FOR INVESTMENTS IN COMMUNITY DEVELOPMENT ENTITIES SERVING DISASTER AREAS. (a) In General.--Subsection (f) of section 45D of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(4) Increased special allocation for community development entities serving federal disaster areas.-- ``(A) In general.--In the case of any calendar year which begins after 2010, the limitation under paragraph (1) shall be increased by an amount equal to $250,000,000, to be allocated among qualified community development entities to make qualified low-income community investments within a federally declared disaster area. ``(B) Allocation of increase.--The amount of the increase in limitation under subparagraph (A) shall be allocated by the Secretary under paragraph (2) to qualified community development entities and shall give priority to such entities with a record of having successfully provided capital or technical assistance to businesses or communities within the federally declared disaster area or areas for which the allocation is requested. ``(C) Denial of carryforward.--Paragraph (3) shall not apply with respect to the amount of any increase under subparagraph (A). ``(D) Federally declared disaster area.--For purposes of this paragraph, the term `federally declared disaster area' means an area determined to warrant assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act pursuant to a federally declared disaster (as defined in section 165(h)(3)(C)).''. (b) Effective Date.--The amendments made by this section shall apply to calendar years beginning after 2010. | Disaster Tax Act of 2011 - Amends the Internal Revenue Code, with respect to disaster tax relief provisions, to: (1) provide for an increase in the tax deduction for losses attributable to a federally declared disaster, (2) make permanent expensing provisions for qualified disaster expenses and qualified disaster assistance property and for net operating losses attributable to federally declared disasters, (3) waive specified requirements for the issuance of mortgage revenue bonds in disaster areas, (4) increase the limit for charitable contributions for disaster relief for individuals and corporations, and (5) increase the new markets tax credit for low-income community investments within a disaster area. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Improved Military Medical Plan Act''. SEC. 2. INCLUSION OF CERTAIN COVERED BENEFICIARIES IN FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM. (a) FEHBP Option.--(1) Chapter 55 of title 10, United States Code, is amended by inserting after section 1079a the following new section: ``Sec. 1079b. Health care coverage through Federal Employees Health Benefits program ``(a) FEHBP Option.--(1) Subject to the availability of funds to carry out this section for a fiscal year and subject to the provisions of this section, eligible beneficiaries described in subsection (b) shall be afforded an opportunity to enroll in any health benefits plan under the Federal Employees Health Benefits program under chapter 89 of title 5 that offers medical care comparable to the care authorized by section 1077 of this title to be provided under section 1076 of this title (in this section referred to as an `FEHBP plan'). ``(2) The administering Secretaries shall enter into an agreement with the Director of the Office of Personnel Management to carry out paragraph (1). ``(b) Eligible Beneficiaries.--(1) An eligible beneficiary referred to in subsection (a) is any member or former member of the uniformed services described in section 1074(b) of this title, or any dependents of such member or former member described in section 1076(b) of this title, who is entitled to benefits under part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.). ``(2) An eligible beneficiary under this subsection shall not be required to satisfy any eligibility criteria specified in chapter 89 of title 5 as a condition for enrollment in an FEHBP plan under this section. ``(c) Areas of Enrollment.--(1)(A) Except as provided in paragraph (2), the Director of the Office of Personnel Management shall, in consultation with the administering Secretaries, select the areas in which eligible beneficiaries must reside in order to be permitted to enroll in FEHBP plans under this section. The Director shall select the largest number of such areas that is practicable. ``(B) The areas selected by the Director under subparagraph (A) shall include not less than six regions under the TRICARE program, with at least one such region including a site of the medicare subvention demonstration project for military retirees under section 1896 of the Social Security Act (42 U.S.C. 1395ggg). ``(2) Commencing not later than one year after the date of submittal of the report required by subsection (j)(2), eligible beneficiaries nationwide shall be afforded an opportunity to enroll in an FEHBP plan in accordance with this section. ``(d) Priorities; List.--(1) Eligible beneficiaries shall be permitted to enroll in an FEHBP plan under this section based on the order in which such beneficiaries submit to the administering Secretary concerned an application to enroll in an FEHBP plan under this section. ``(2) Each administering Secretary shall maintain a list of eligible beneficiaries who apply to enroll in an FEHBP plan under this section, but whom such Secretary is not able to enroll because of the lack of available funds to carry out this section. ``(3) Eligible beneficiaries who are on a list under paragraph (2) at the time of the expansion of opportunities for eligible beneficiaries to enroll in FEHBP plans under subsection (c)(2) shall resubmit an application under this subsection to be afforded an opportunity to enroll in an FEHBP plan under this section. ``(e) Period of Enrollment.--The administering Secretaries shall provide a period of enrollment for eligible beneficiaries in FEHBP plans under this section for a period of 90 days-- ``(1) before the commencement of the availability of care under such plans under this section; and ``(2) for each subsequent year thereafter. ``(f) Term of Enrollment.--(1) An eligible beneficiary who elects to participate in a plan under the Federal Employees Health Benefits program under this section shall participate continuously in such a plan (whether in the plan originally elected or another plan) during the three-year period beginning on the date of commencement of the beneficiary's participation in such a plan under this section. ``(2) An eligible beneficiary who discontinues participation in a plan under the Federal Employees Health Benefits program under this section before the end of the period described in paragraph (1) shall not be eligible to reenroll in any plan under the program under this section. ``(g) Receipt of Care in Military Treatment Facilities.--(1) An eligible beneficiary enrolled in an FEHBP plan under this section may receive care at a military medical treatment facility subject to the availability of space in such facility. ``(2) The FEHBP plan concerned shall reimburse a facility for the cost of treatment provided under paragraph (1) to an eligible beneficiary enrolled in the plan under this section. ``(3) An FEHBP plan may adjust the copayments of an eligible beneficiary enrolled in the plan under this section so that receipt of care by the beneficiary at a military medical treatment facility results in no additional costs to the plan when compared with the costs the plan would have incurred if the beneficiary had received such care from a provider in the plan. ``(h) Contributions.--(1) Contributions shall be made for an eligible beneficiary who enrolls in an FEHBP plan under this section as if the beneficiary were an employee of the Federal Government. ``(2) The administering Secretary concerned shall be responsible for the Government contributions that the Director of the Office of Personnel Management determines would be payable by such Secretary under section 8906 of title 5 for an eligible beneficiary who is enrolled in an FEHBP plan under this section if the beneficiary were an employee of such Secretary. ``(3) Each eligible beneficiary enrolled in an FEHBP plan under this section shall be required to contribute the amount that would be withheld from the pay of a similarly situated Federal employee who is enrolled in the plan under chapter 89 of title 5. ``(i) Management of Participation.--(1) The Director of the Office of Personnel Management shall manage the participation of eligible beneficiaries in FEHBP plans under this section. ``(2) The Director and the administering Secretaries shall ensure (whether through procedures, the establishment of reserve funds, or other mechanisms) that inclusion of such participating eligible beneficiaries under chapter 89 of title 5 will not have an adverse financial effect on Federal employees and annuitants enrolled in health benefits plans under such chapter. ``(j) Reporting Requirements.--(1) Not later than November 1 each year, the administering Secretaries and the Director of the Office of Personnel Management shall jointly submit to Congress a report describing the provision of health care services to eligible beneficiaries who were enrolled in FEHBP plans under this section during the preceding fiscal year. The report shall address or contain the following: ``(A) The number of such eligible beneficiaries, both in terms of total number and as a percentage of all covered beneficiaries who are receiving health care through the health care system of the uniformed services. ``(B) The extent to which such eligible beneficiaries used the health care services available to such beneficiaries under such plans. ``(C) The cost to such eligible beneficiaries of health care under such plans. ``(D) The cost to the Department of Defense, the Department of Transportation, the Department of Health and Human Services, and any other departments and agencies of the Federal Government of providing care to such eligible beneficiaries. ``(E) A comparison of the costs determined under paragraphs (C) and (D) with the costs that would otherwise have been incurred by the United States and such eligible beneficiaries under alternative health care options available to the administering Secretaries. ``(F) The effects of the exercise of authority under this section on the cost, access, and utilization rates of other health care options under the health care system of the uniformed services. ``(G) An assessment, as of the date of the report, whether or not the health care option under the TRICARE program known as TRICARE Standard offers medical care coverage that is substantially similar to the medical care coverage offered under the fee-for-service health benefits plan under the Federal Employees Health Benefits program having the most number of subscribers as of such date, and, if not, whether or not that option is being modified in order to offer such coverage. ``(2) Not later than 3 years after the date of enactment of the Improved Military Medical Plan Act, the administering Secretaries shall jointly submit to Congress a report setting forth-- ``(A) the assessment of such Secretaries as to the advisability of-- ``(i) offering to eligible beneficiaries described in subsection (b)(1) the health care option available under subsection (a) on a permanent basis nationwide; or ``(ii) limiting the availability of that health care option to eligible beneficiaries who are currently enrolled in an FEHBP plan as of the date of the report; ``(B) the recommendation of such Secretaries whether-- ``(i) to expand the availability of the health care option available under subsection (a) to any member or former member of the uniformed services described in section 1074(b) of this title, or any dependent of such member or former member described in section 1076(b) of this title, without regard to whether such member or former member, or dependent, is entitled to benefits under part A of title XVIII of the Social Security Act; or ``(ii) not to expand the availability of that option in accordance with clause (i) because the TRICARE Standard health care option offers medical care coverage that is substantially similar to the medical care coverage offered under the fee-for-service health benefits plan under the Federal Employees Health Benefits program having the most number of subscribers as of the date of the report; and ``(C) the estimated costs of carrying out each assessment under subparagraph (A) and the recommendation under subparagraph (B). ``(3)(A) Not later than 6 months after the submittal of the report required by paragraph (2), the Comptroller General shall submit to Congress an assessment of the recommendation under subparagraph (B) of that paragraph. ``(B) If the recommendation is not to expand the availability of the option referred to in clause (i) of such subparagraph (B) in accordance with that clause, the review shall include an evaluation of the validity of any comparison made by the administering Secretaries for purposes of clause (ii) of such subparagraph (B).''. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1079a the following: ``1079b. Health care coverage through Federal Employees Health Benefits program.''. (b) Conforming Amendments.--(1) Section 8905 of title 5, United States Code, is amended-- (A) by redesignating subsections (d), (e), and (f) as subsections (e), (f), and (g), respectively; and (B) by inserting after subsection (c) the following new subsection (d): ``(d) An individual whom the administering Secretary concerned determines is an eligible beneficiary under subsection (b) of section 1079b of title 10 may enroll in a health benefits plan under this chapter in accordance with the agreement entered into under subsection (a) of such section between such Secretary and the Office and with applicable regulations under this chapter.''. (2) Section 8906 of title 5, United States Code, is amended-- (A) in subsection (b)-- (i) in paragraph (1), by striking ``paragraphs (2) and (3)'' and inserting in lieu thereof ``paragraphs (2), (3), and (4)''; and (ii) by adding at the end the following new paragraph: ``(4) In the case of individuals who enroll in a health plan under section 8905(d) of this title, the Government contribution shall be determined under section 1079b(h) of title 10.''; and (B) in subsection (g)-- (i) in paragraph (1), by striking ``paragraph (2)'' and inserting in lieu thereof ``paragraphs (2) and (3)''; and (ii) by adding at the end the following new paragraph: ``(3) The Government contribution described in subsection (b)(4) for individuals who enroll under section 8905(d) of this title shall be paid as provided in section 1079b(h) of title 10.''. (c) Implementation.--The administering Secretaries shall begin to offer the health benefits option under section 1079b(a) of title 10, United States Code (as added by subsection (a)), not later than 6 months after the date of enactment of this Act. (d) Availability of Funds.--(1) There shall be available to offer the health benefits option under section 1079b of title 10, United States Code (as added by subsection (a)), amounts as follows: (A) $100,000,000 for fiscal year 1999. (B) $125,000,000 for fiscal year 2000. (C) $150,000,000 for fiscal year 2001. (D) $175,000,000 for fiscal year 2002. (E) $200,000,000 for fiscal year 2003. (2) Amounts available under paragraph (1) for a fiscal year for the purpose set forth in that paragraph shall be derived from amounts authorized to be appropriated to the Department of Defense, the Department of Transportation, and the Department of Health and Human Services, respectively, for such fiscal year for payment of personnel costs. (3) For each fiscal year set forth in paragraph (1), the administering Secretaries shall determine the extent to which the funds of their respective departments under paragraph (2) shall be utilized for the purpose set forth in paragraph (1) within the limitation for such fiscal year specified in paragraph (1). (e) Plan for Enhancement of TRICARE Standard Option.--Not later than 6 months after the date of enactment of this Act, the administering Secretaries shall jointly submit to Congress a report that sets forth a plan for any enhancements of the health care option under the TRICARE program known as TRICARE Standard that the administering Secretaries jointly consider necessary so that the medical care coverage offered under that option is substantially similar to the medical care coverage offered under the fee-for-service health benefits plan under the Federal Employees Health Benefits program under chapter 89 of title 5, United States Code, that has the most number of subscribers as of the date of the report. (f) Definitions.--In this section: (1) The term ``administering Secretaries'' has the meaning given that term in section 1072(3) of title 10, United States Code. (2) The term ``TRICARE program'' has the meaning given that term in section 1072(7) of title 10, United States Code. | Improved Military Medical Plan Act - Amends the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) to allow certain eligible beneficiaries to enroll in any health benefits plan under the Federal Employees Health Benefits Program (FEHBP) that offers medical care comparable to that offered under CHAMPUS. Includes as eligible beneficiaries any member or former member of the armed forces who is entitled to retired or retainer pay or its equivalent or would have been entitled to such pay except for having died before age 60, and any dependents of such individuals, who are also entitled to hospital insurance benefits under Part A of title XVIII (Medicare) of the Social Security Act. States that any such beneficiary shall not be required to satisfy any FEHBP eligibility criteria as a condition for enrollment. Requires the Director of the Office of Personnel Management (OPM) to select the areas in which beneficiaries must reside in order to be enrolled in an FEHBP plan, including at least six regions of the TRICARE Program (a Department of Defense managed care program). Outlines enrollment procedures, including a 90-day enrollment period. Requires FEHBP reimbursement of costs for the provision of treatment at a military medical facility. Outlines provisions concerning required beneficiary copayments under the FEHBP and Federal contributions to such plans. Provides for: (1) management of plan participation by the OPM Director; (2) annual reports from the Secretary of Defense, the Secretary of Transportation for the Coast Guard when not operating as a service in the Navy, the Secretary of Health and Human Services (the administering Secretaries), and the OPM Director concerning the provision of such care; (3) a report from the administering Secretaries on the advisability of either offering such care nationwide on a permanent basis or limiting such option to current eligible beneficiaries, the costs of such care, and their recommendations; and (4) a report from the Comptroller General, following the report from the administering Secretaries, assessing such recommendations. Provides funding for FY 1999 through 2003 for the enrollment plan option, to be derived from amounts appropriated to the Departments of Defense, Transportation, and Health and Human Services. Directs the administering Secretaries to report to the Congress a plan for any enhancements of the health care options under the TRICARE program known as TRICARE Standard considered necessary to ensure that coverage under such option is substantially similar to coverage offered under the FEHBP fee-for-service health benefits plan that has the most subscribers as of the date of the report. |
SECTION 1. INCENTIVES FOR BIODIESEL. (a) Credit for Biodiesel Used as a Fuel.--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 inserting after section 40 the following new section: ``SEC. 40A. BIODIESEL USED AS FUEL. ``(a) General Rule.--For purposes of section 38, the biodiesel fuels credit determined under this section for the taxable year is an amount equal to the biodiesel mixture credit. ``(b) Definition of Biodiesel Mixture Credit.--For purposes of this section-- ``(1) Biodiesel mixture credit.-- ``(A) In general.--The biodiesel mixture credit of any taxpayer for any taxable year is the sum of the products of the biodiesel mixture rate for each qualified biodiesel mixture and the number of gallons of such mixture of the taxpayer for the taxable year. ``(B) Biodiesel mixture rate.--For purposes of subparagraph (A), the biodiesel mixture rate for each qualified biodiesel mixture shall be-- ``(i) in the case of a mixture with only biodiesel V, 1 cent for each whole percentage point (not exceeding 10 percentage points) of biodiesel V in such mixture, and ``(ii) in the case of a mixture with biodiesel NV, or a combination of biodiesel V and biodiesel NV, 0.5 cent for each whole percentage point (not exceeding 10 percentage points) of such biodiesel in such mixture. ``(2) Qualified biodiesel mixture.-- ``(A) In general.--The term `qualified biodiesel mixture' means a mixture of diesel and biodiesel V or biodiesel NV which-- ``(i) is sold by the taxpayer producing such mixture to any person for use as a fuel, or ``(ii) is used as a fuel by the taxpayer producing such mixture. ``(B) Sale or use must be in trade or business, in off-highway use, etc.-- ``(i) In general.--Biodiesel V or biodiesel NV used in the production of a qualified biodiesel mixture shall be taken into account-- ``(I) only if the sale or use described in subparagraph (A) is in a trade or business of the taxpayer, ``(II) for the taxable year in which such sale or use occurs, and ``(III) only if the sale or use described in subparagraph (A) is ultimately for use in a vehicle which at the time of use will not be registered and is not required to be registered for highway use under the laws of any State or foreign country. ``(ii) Certification for biodiesel v.-- Biodiesel V used in the production of a qualified biodiesel mixture shall be taken into account only if the taxpayer described in subparagraph (A) obtains a certification from the producer of the biodiesel V which identifies the product produced. ``(C) Casual off-farm production not eligible.--No credit shall be allowed under this section with respect to any casual off-farm production of a qualified biodiesel mixture. ``(c) Definitions and Special Rules.--For purposes of this section-- ``(1) Biodiesel v defined.--The term `biodiesel V' means the monoalkyl esters of long chain fatty acids derived solely from virgin vegetable oils for use in compressional-ignition (diesel) engines. Such term shall include esters derived from vegetable oils from corn, soybeans, sunflower seeds, cottonseeds, canola, crambe, rapeseeds, safflowers, flaxseeds, rice bran, and mustard seeds. ``(2) Biodiesel nv defined.--The term `biodiesel nv' means the monoalkyl esters of long chain fatty acids derived from nonvirgin vegetable oils or animal fats for use in compressional-ignition (diesel) engines. ``(3) Registration requirements.--The terms `biodiesel V' and `biodiesel NV' shall only include a biodiesel which meets-- ``(A) 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), and ``(B) the requirements of the American Society of Testing and Materials D6751. ``(4) Biodiesel mixture not used as a fuel, etc.-- ``(A) Imposition of tax.--If-- ``(i) any credit was determined under this section with respect to biodiesel V or biodiesel NV used in the production of any qualified biodiesel mixture, and ``(ii) any person-- ``(I) separates such biodiesel from the mixture, or ``(II) without separation, uses the mixture other than as a fuel, then there is hereby imposed on such person a tax equal to the product of the biodiesel mixture rate applicable under subsection (b)(1)(B) and the number of gallons of the mixture. ``(B) Applicable laws.--All provisions of law, including penalties, shall, insofar as applicable and not inconsistent with this section, apply in respect of any tax imposed under subparagraph (A) as if such tax were imposed by section 4081 and not by this chapter. ``(5) 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. ``(d) Election To Have Biodiesel Fuels Credit Not Apply.-- ``(1) In general.--A taxpayer may elect to have this section not apply for any taxable year. ``(2) Time for making election.--An election under paragraph (1) for any taxable year may be made (or revoked) at any time before the expiration of the 3-year period beginning on the last date prescribed by law for filing the return for such taxable year (determined without regard to extensions). ``(3) Manner of making election.--An election under paragraph (1) (or revocation thereof) shall be made in such manner as the Secretary may by regulations prescribe.''. (b) Credit Treated as Part of General Business Credit.--Section 38(b) of such Code 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 biodiesel fuels credit determined under section 40A(a).''. (c) Conforming Amendments.-- (1) Section 39(d) of such Code is amended by adding at the end the following new paragraph: ``(11) No carryback of biodiesel fuels credit before january 1, 2004.--No portion of the unused business credit for any taxable year which is attributable to the biodiesel fuels credit determined under section 40A may be carried back to a taxable year beginning before January 1, 2004.''. (2) Section 196(c) of such Code is amended by striking ``and'' at the end of paragraph (9), by striking the period at the end of paragraph (10), and by adding at the end the following new paragraph: ``(11) the biodiesel fuels credit determined under section 40A(a).''. (3) Section 6501(m) of such Code is amended by inserting ``40A(e),'' after ``40(f),''. (4) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding after the item relating to section 40 the following new item: ``Sec. 40A. Biodiesel used as fuel.''. (d) Effective Date.--The amendments made by this subsection shall apply to taxable years beginning after December 31, 2003. | Amends the Internal Revenue Code to allow a business tax credit for the production and use of biodiesel fuel. Specifies the required mixture rate for biodiesel fuel eligible for the credit. Requires, for purposes of the credit: (1) certification from the producer identifying the product; (2) sale of the fuel for use in a trade or business; and (3) sale of the fuel for use in a vehicle that is not registered for highway use. Imposes a tax for biodiesel mixture which is not used as fuel, but for which a credit was taken. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``National Mitigation Investment Act''. SEC. 2. FINDINGS. Congress finds that-- (1) mitigation planning is the foundation for saving lives, protecting residential and commercial properties, and developing disaster resistant communities; (2) recent studies of the performance of building structures during disasters have demonstrated that the adoption and active enforcement of State building codes have greatly reduced residential and commercial property damage and personal injury resulting from major disasters; (3) modern building codes govern all aspects of construction and are designed to ensure that single-family residential dwellings and commercial structures are protected from natural disasters; (4) the people of the United States rely on active enforcement of modern building codes for assurance that minimum standards for reducing personal injuries and property damages have been met in the buildings they live in, work in, and visit every day; (5) active enforcement of building codes plays an increasingly important role in public safety and loss prevention of residential and commercial property; (6) active enforcement of building codes based on nationally recognized models reduces the need for public disaster aid, creates sustainable communities, promotes a level and consistent playing field for design professionals, suppliers, and builders, and can contribute to the durability of residential and commercial structures; (7) under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), the Federal Emergency Management Agency provides Federal assistance to States for mitigation efforts; (8) it is beneficial and appropriate to expand Federal mitigation assistance to encourage States to take a comprehensive and integrated approach to disaster loss reduction; and (9) it is beneficial to the Federal Government and appropriate that Federal mitigation assistance be used to encourage the adoption and active enforcement of State building codes as a disaster mitigation strategy under the auspices of a comprehensive disaster loss reduction plan. SEC. 3. PURPOSES. The purposes of this Act are to-- (1) substantially mitigate the occurrence of loss to residential and commercial property, reduce and minimize damage when losses to residential and commercial property occur, improve the quality and value of residential and commercial property, and reduce the need for public disaster aid; (2) provide incentives for the adoption and active enforcement of State building codes; (3) encourage States to continue their key responsibility to coordinate all State and local activities relating to hazard evaluation and mitigation, as specified in section 201.3(c) of title 44, Code of Federal Regulations, through the adoption and active enforcement of State building codes; and (4) encourage States to require that local governments use a current version of a nationally applicable model building code that address natural hazards as a basis for design and construction of State-sponsored mitigation projects described in section 201.5(b)(4)(iv) of title 44, Code of Federal Regulations. SEC. 4. ENHANCED MITIGATION ASSISTANCE. (a) Additional Mitigation Assistance.--Section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c) is amended by adding at the end the following: ``(f) Additional Mitigation Assistance.-- ``(1) In general.--If, at the time of a declaration of a major disaster, the affected State has in effect and is actively enforcing throughout the State an approved State building code, the President may increase the maximum total of contributions under this section for the major disaster, as specified in subsection (a) and section 322(e), by an amount equal to 4 percent of the estimated aggregate amount of grants to be made (less any associated administrative costs) under this Act with respect to the major disaster. ``(2) Submission.--To be eligible for an increased Federal share under paragraph (1), a State shall submit its State building code to the President for approval. ``(3) Approval.--The President shall approve a State building code submitted under paragraph (2) if the President determines that the building code-- ``(A) is consistent with the most recent version of a nationally recognized model building code; ``(B) has been adopted by the State within 6 years of the most recent version of the nationally recognized model building code; and ``(C) uses the nationally recognized model building code as a minimum standard. ``(4) Periodic updates.--The President, acting through the Administrator, shall set appropriate standards, by regulation, for the periodic update, resubmittal, and approval of a State building code approved by the President in accordance with paragraph (3) that are consistent with similar requirements related to mitigation planning under section 322. ``(5) Regulations.--Not later than 180 days after the date of enactment of this subsection, the President, acting through the Administrator of the Federal Emergency Management Agency, shall issue such regulations as may be necessary to carry out this subsection. ``(6) Definitions.--For purposes of this subsection, the following definitions apply: ``(A) Actively enforcing.--The term `actively enforcing' means effective jurisdictional execution of all phases of a State building code in the process of examination and approval of construction plans, specifications, and technical data and the inspection of new construction or renovation. ``(B) Nationally recognized model building code.-- The term `nationally recognized model building code' means a building code for residential and commercial construction and construction materials that-- ``(i) has been developed and published by a code organization in an open consensus type forum with input from national experts; and ``(ii) is based on national structural design standards that establish minimum acceptable criteria for the design, construction, and maintenance of residential and commercial buildings for the purpose of protecting the health, safety, and general welfare of the building's users against natural disasters. ``(C) State building code.--The term `State building code' means requirements and associated standards for residential and commercial construction and construction materials that are implemented on a statewide basis by ordinance, resolution, law, housing or building code, or zoning ordinance. At a minimum, such requirements and associated standards shall apply-- ``(i) to construction-related activities of residential building contractors applicable to single-family and 2-family residential structures; and ``(ii) to construction-related activities of engineers, architects, designers, and commercial building contractors applicable to the structural safety, design, and construction of commercial, industrial, and multifamily structures. ``(g) Use of Assistance.--Recipients of hazard mitigation assistance provided under this section and section 203 may use the assistance to conduct activities to help reduce the risk of future damage, hardship, loss, or suffering in any area affected by a flood, including-- ``(1) adaptation of existing infrastructures, including enhancements to both built and natural environments based on future flood probabilities; ``(2) maintenance of existing surge protection infrastructure; ``(3) waterfront resilience, including creation of bulkheads, dune enhancement, beach re-nourishment, living seawalls and seashores and levees; ``(4) voluntary acquisition of repeatedly flooded properties; ``(5) flood water diversion, removal, treatment, and storage infrastructure projects; ``(6) flood water distribution along street infrastructure systems, including canal streets, absorbent streets, floodable parks, and underground cisterns; and ``(7) enhanced infrastructure for increasing resilience of the freshwater supply to salt water intrusion.''. (b) Predisaster Hazard Mitigation.-- (1) Uses of technical and financial assistance.--Section 203(e)(1)(B) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133(e)(1)(B)) is amended-- (A) by striking ``or'' at the end of clause (ii); (B) by striking the period at the end of clause (iii) and inserting ``; or''; and (C) by adding at the end the following: ``(iv) to establish and operate a building department and carry out enforcement activities to implement a State building code approved under section 404(f).''. (2) Criteria for assistance awards.--Section 203(g) of such Act (42 U.S.C. 5133(g)) is amended-- (A) by striking ``and'' at the end of paragraph (9); (B) by redesignating paragraph (10) as paragraph (11); and (C) by inserting after paragraph (9) the following: ``(10) the extent to which the State or local government is carrying out activities to implement a State building code approved under section 404(f); and''. SEC. 5. COMPREHENSIVE STUDY OF DISASTER COSTS AND LOSSES. (a) Establishment.--Not later than 30 days after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall commence, through the National Advisory Council, a comprehensive study related to disaster costs and losses (referred to in the subsection as the ``Study''). (b) Additional Membership.--For the purposes of the study, as soon as practicable after the date of enactment of this section, the Administrator shall appoint additional qualified members to the National Advisory Council from the following: (1) Individuals that have the requisite technical knowledge and expertise on issues related to disaster costs and losses. (2) Representatives of the insurance industry. (3) Experts in and representatives of the construction and building industry. (4) Individuals nominated by national organizations representing local governments and personnel. (5) Academic experts. (6) Vendors, developers, and manufacturers of systems, facilities, equipment, and capabilities for emergency management services. (7) Representatives of such other stakeholders and interested and affected parties as the Administrator considers appropriate. (c) Consultation With Nonmembers.--The National Advisory Council shall consult with other relevant agencies and groups that are not represented on the National Advisory Council to consider research, data, findings, recommendations, innovative technologies and developments, including-- (1) entities engaged in federally funded research; and (2) academic institutions engaged in relevant work and research. (d) Recommendations.--Not later than 120 days after the date of enactment of this Act, the National Advisory Council shall convene to evaluate the following topics and develop recommendations for reducing disaster costs and losses: (1) Disaster losses.-- (A) Cost trends.--Trends in disaster costs including loss of life and injury, property damage to individuals, the private sector, and each level of government (State, local and tribal) since the enactment of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), to the extent data is available. (B) Contributing factors.--Contributing factors such as shifting demographics and aging infrastructure and their impacts on the trends in disaster losses and costs. (2) Disaster costs.-- (A) Trends in declarations.--Trends in disaster declarations, including factors contributing to the trends. (B) Disaster assistance.--Disaster assistance available from all Federal sources, including descriptions of programs, eligibility and authorities, where assistance has been used geographically, how quickly the funds are used, how that assistance is coordinated among the various agencies and departments, and recommendations for ways to improve the effectiveness and efficiency of the delivery of such assistance. (C) Costs.--Disaster costs borne by the private sector and individuals. (3) Disaster roles and responsibility.--Fundamental principles that should drive national disaster assistance decisionmaking, including the appropriate roles for each level of government, the private sector and individuals. (4) Reduction of costs and losses.-- (A) Mechanisms and incentives.--Mechanisms and incentives, including tax incentives, to promote disaster cost reduction, mitigation, and recovery, including cost data, projections for the return on investment, and measures of effectiveness. (B) Identification of challenges.--Identify fundamental legal, societal, geographic and technological challenges to implementation. (5) Legislative proposals.--Legislative proposals for implementing the recommendations in the report compiled pursuant to the requirement in section 1111 of the Sandy Recovery Improvement Act of 2013 (Public Law 113-2). (e) Report to Administrator and Congress.-- (1) Not later than 1 year after the date of enactment of this section, the National Advisory Council shall submit a report containing the data, analysis, and recommendations developed under subsection (d) to-- (A) the Administrator of the Federal Emergency Management Agency; (B) the Committee on Transportation and Infrastructure of the House of Representatives; and (C) the Committee on Homeland Security and Governmental Affairs of the Senate. (2) Data availability.--The Administrator shall make the data collected pursuant to this section publically available on the Agency's website. SEC. 6. ENHANCED MITIGATION INCENTIVES PILOT PROGRAM. (a) Use of Building Codes.--The Administrator of the Federal Emergency Management Agency shall establish and conduct a pilot program to award grants to State, local, and tribal governments to aid and encourage the adoption and active enforcement of nationally recognized model building codes, State building codes, and related mitigation measures. (b) Goals.--The goals of the grant program are-- (1) reducing disaster response and recovery costs to Federal, State, local, and tribal governments by-- (A) increasing the resilience of buildings; and (B) reducing the amount of damage and loss that occurs due to disasters and chronic flooding; (2) incentivizing communities and individuals to adopt smart development and mitigation measures in advance of disasters. (c) Minimum Requirements.--The Administrator shall-- (1) not later than 180 days after the date of enactment of this Act, provide grant awards annually thereafter; (2) establish criteria for awarding grants on a competitive basis based on the demonstrated need of the applicants and the project's ability to accomplish the goals outline in subsection (b); and (3) require non-Federal matching funds in an amount equal to not less than 25 percent of the total amount of the grant. (d) Reports.-- (1) Annual reports.--During the period in which the pilot program is conducted under this section, the Administrator shall submit, annually, to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate, a report on the grants provided, the projects undertaken, and the outcomes expected. (2) Final report.--Not later than 180 days after termination of the pilot program, the Administrator shall submit a final report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate. The final report shall include-- (A) a review and evaluation of the grant awards; (B) recommendations on any permanent changes to the Robert T. Stafford Disaster Relief and Emergency Assistance Act; and (C) a progress evaluation in meeting the goals described in subsection (b). (e) Termination.--The authorities under this section shall terminate on December 31, 2021. | National Mitigation Investment Act This bill amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to authorize the President to increase the maximum total of contributions for a major disaster by an amount equal to 4% of the estimated aggregate amount of grants to be made under such Act if, at the time of a declaration of a major disaster, the affected state has in effect and is actively enforcing an approved state building code. To be eligible for such increased federal contributions, a state must submit its building code to the President for approval. The President shall approve such a code upon determining that it: (1) is consistent with the most recent version of a nationally recognized model building code; (2) has been adopted by the state within six years of the most recent version of such nationally recognized code; and (3) uses the nationally recognized code as a minimum standard. The Federal Emergency Management Agency (FEMA) shall set appropriate standards for the periodic update, resubmittal, and approval of previously approved state building codes. Recipients may use hazard mitigation assistance received under such Act to conduct activities to help reduce the risk of future damage, hardship, loss, or suffering in any area affected by a flood. States and local governments may use technical and financial assistance received under such Act to implement predisaster hazard mitigation measures to establish and operate a building department and carry out enforcement activities to implement an approved state building code. In determining whether to provide such assistance, the President shall take into account the extent to which a state or local government is carrying out activities to implement an approved state building code. The National Advisory Council shall commence a comprehensive study to evaluate disaster costs and losses and develop recommendations for reducing them. FEMA shall conduct a pilot program to award grants to state, local, and tribal governments to aid and encourage the adoption and active enforcement of nationally recognized model building codes, state building codes, and related mitigation measures. |
SECTION 1. AMENDMENTS TO THE NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION ACT. (a) Written Consent Required if Native American Remains Are Excavated or Removed for Purposes of Study.--Section 3(c) of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3002(c)) is amended-- (1) in paragraph (3), by striking ``and'' at the end of the paragraph; (2) in paragraph (4), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(5) in the case of any intentional excavation or removal of Native American human remains for purposes of study, such remains are excavated or removed after written consent is obtained from-- ``(A) lineal descendants, if known or readily ascertainable; or ``(B) each appropriate Indian tribe or Native Hawaiian organization. The requirement under paragraph (1) shall not be interpreted as allowing or requiring, in the absence of the consent of each appropriate Indian tribe or Native Hawaiian organization, any recordation or analysis that is in addition to any recordation or analysis that is otherwise allowed or required under this Act.''. (b) Requirements for Inadvertent Discoveries.--Section 3(d) of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3002(d)) is amended-- (1) in paragraph (1)-- (A) in the first sentence, by striking ``with respect to Federal lands'' and inserting ``with respect to those Federal lands''; (B) by inserting after the first sentence the following: ``In any case in which a Federal agency or instrumentality receives notice of a discovery of Native American cultural items on lands with respect to which the Federal agency or instrumentality has management authority, the appropriate official of the Federal agency or instrumentality shall notify each appropriate Indian tribe or Native Hawaiian organization. The notification required under the preceding sentence shall be provided not later than 3 business days after the date on which the Federal agency or instrumentality receives notification of the discovery.''; and (C) in the last sentence, by inserting ``, and, in the case of Federal lands, the appropriate official of the Federal agency or instrumentality with management authority over those lands notified each appropriate Indian tribe or Native Hawaiian organization by the date specified in this paragraph,'' after ``that notification has been received,''; and (2) in paragraph (2), by adding at the end the following new sentence: ``Any person or entity that disposes of, or controls, a cultural item referred to in the preceding sentence shall comply with the applicable requirements of subsection (c).''. (c) Review Committee.--Section 8(c)(5) of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3006(c)(5)) is amended-- (1) by inserting ``and associated funerary objects'' after ``culturally unidentifiable human remains''; and (2) by striking ``for developing a process for disposition of such remains'' and inserting ``for developing a process for the disposition of the remains and associated funerary objects''. (c) Enforcement.--Section 9 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3007) is amended by adding at the end the following: ``(e) Enforcement.-- ``(1) In general.--Subject to paragraph (2), the amounts collected by the Secretary as penalties under this section shall be used to supplement the amounts made available by appropriations for conducting enforcement activities related to this section. ``(2) Authority of secretary.--In carrying out enforcement activities related to this section, the Secretary may-- ``(A) pay any person who furnishes information that leads to the assessment of a civil penalty under this section (other than an officer or employee of the Federal Government or a State or local government (including a tribal government) who furnishes or who renders service in the performance of official duties) the lesser of-- ``(i) half of the amount of the civil penalty; or ``(ii) $1,000; and ``(B) reduce the amount of a civil penalty that would otherwise be assessed under this section if the violator against whom the civil penalty is assessed agrees to pay to the aggrieved parties involved an aggregate amount of restitution not to exceed the amount of the reduction.''. | Amends the Native American Graves Protection and Repatriation Act to allow the intentional removal or excavation of Native American human remains from Federal or tribal lands for purpose of study if consent is obtained from lineal descendants or each appropriate Indian tribe or Native Hawaiian organization. Requires a Federal agency or instrumentality that receives notice of a discovery of Native American cultural items on lands it manages to notify each appropriate Indian tribe or Native Hawaiian organization. Requires the committee established to monitor and review the inventory and identification process and repatriation activities to compile an inventory of, and develop a process for, the disposition of funerary objects. Requires that amounts collected as penalties under the Act be used to supplement enforcement appropriations. Authorizes: (1) a reward for furnishing information leading to a civil penalty; and (2) reduction of a penalty amount if the violator agrees to pay certain restitution to the aggrieved parties. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``National Commission to Prevent Infant Mortality Reauthorization Act of 1993''. SEC. 2. REFERENCES. A reference in this Act to ``the Act'' shall be a reference to the National Commission to Prevent Infant Mortality Act of 1986 (42 U.S.C. 285g note; Public Law 99-660; 100 Stat. 3752). SEC. 3. FINDINGS. The Congress finds that-- (1) infant mortality is largely preventable with early, regular, and comprehensive prenatal care, good nutrition, healthy behaviors during pregnancy, and preventive well baby care; (2) while the United States' infant mortality rate is slowly improving, the Nation still lags behind most other developed nations, and the advances that are being made continue to be due mostly to improved technology that saves low birthweight and otherwise at-risk newborns rather than making sure all babies are born as healthy as possible in the first place; (3) children born at low birthweight and otherwise at-risk not only are more likely to die, but also are much more likely to suffer long-term disabilities and require costly medical interventions, special education, and other services; (4) in 1988, the National Commission to Prevent Infant Mortality developed a strategic national plan to reduce infant mortality, and submitted such plan to the Congress and the President in a report entitled ``Death Before Life: The Tragedy of Infant Mortality''; (5) the report's many recommendations centered on fundamental solutions to the problem of infant mortality that have existed for decades, including recommendations that all pregnant women and infants must have universal access to the range of necessary services, and that the health and well-being of mothers and children must become a high national priority; (6) since issuing such report, the Commission has continued to promote specific actions, based on the report's recommendations, for Congress and all sectors of society to take to improve the health and well-being of all infants, children, and pregnant women; (7) despite considerable effort and success by many throughout the Nation to improve the accessibility of services and to raise awareness about healthy behaviors, numerous financial and nonfinancial barriers still exist in the service delivery system, the public continues to lack the information and often motivation needed to make healthy choices, and the infant mortality rate, low birthweight rate, and other indicators continue to be far too high; and (8) to help assure that the Nation reaches the goal of universal access to care and that the health and well-being of all infants, children, and pregnant women becomes a high national priority, the need for the Commission continues. SEC. 4. COMPOSITION OF COMMISSION. Section 203(b) of the Act is amended-- (1) in the matter preceding paragraph (1) by striking out ``fifteen members'' and inserting in lieu thereof ``sixteen members''; (2) in paragraph (3) in the second sentence-- (A) by inserting ``directly'' before ``responsible for administering the State medicaid program''; and (B) by inserting ``directly'' before ``responsible for administering the State maternal and child health programs''; and (3) in paragraph (6) by striking out ``Six at large members'' and inserting in lieu thereof ``Seven at large members''. SEC. 5. DUTIES OF THE COMMISSION. Section 204 of the Act is amended to read as follows: ``SEC. 204. DUTIES OF THE COMMISSION. ``The Commission shall-- ``(1) develop strategic plans to initiate and stimulate action on the recommendations in the report submitted by the Commission to the Congress and President in 1988 entitled, ``Death Before Life: The Tragedy of Infant Mortality''; ``(2) inform the Congress and others, through reports, conferences, briefings, public information campaigns, and other means of the specific actions that can be taken to improve the health and well-being of pregnant women, infants, and children; ``(3) serve as an information clearinghouse for the Congress and other interested parties on domestic and international model programs and cost effective strategies for-- ``(A) improving the health and well-being of pregnant women and children in the areas of Federal and State legislation and program administration; and ``(B) organizing and delivering local services, raising public awareness, and conducting outreach to populations in need; ``(4) annually report and make recommendations on the demographic and related trends concerning the health of pregnant women, infants, and children to the Congress and the President; and ``(5) establish working relationships and networking linkages with organizations and other entities within and outside the Federal Government to promote the health and well- being of pregnant women, infants, and children.''. SEC. 6. POWERS OF THE COMMISSION. Section 205 of the Act is amended by redesignating subsection (d) as subsection (f) and inserting after subsection (c) the following new subsections: ``(d) Grants.--To carry out its activities, the Commission may accept and expend private sector funds from corporations, nonprofit foundations, or individuals. The Commission may also accept and expend interagency transfer funds from agencies of the United States Government. The Commission shall report all grant raising, acceptance, and expending activities and the amount of all funds related to such activities to the Appropriations Committees of the Senate and the House of Representatives on an annual basis. ``(e) Voluntary Services.--Notwithstanding section 1342 of title 31, United States Code, the Commission may accept voluntary and uncompensated services.''. SEC. 7. COMMISSION STAFF. Section 206 of the Act is amended-- (1) in subsection (b) by striking out ``the rate payable for GS-18 of the General Schedule under section 5332 of such title'' and inserting in lieu thereof ``the rate payable for a position at level IV of the Executive Schedule under section 5315 of such title''; and (2) in subsection (d) by striking out ``the daily rate payable for GS-18 of the General Schedule under section 5332 of such title'' and inserting in lieu thereof ``the daily rate payable for a position at level IV of the Executive Schedule under section 5315 of such title''. SEC. 8. REAUTHORIZATION OF COMMISSION. Sections 208 and 209 of the Act are amended to read as follows: ``SEC. 208. TERMINATION OF THE COMMISSION. ``The Commission shall terminate on December 31, 1997. ``SEC. 209. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to the Commission $480,000 in fiscal year 1995, $480,000 in fiscal year 1996, and $600,000 in fiscal year 1997. Sums appropriated pursuant to this section shall remain available through December 31, 1997.''. SEC. 9. TECHNICAL AND CONFORMING AMENDMENT. The matter under the heading ``national commission to prevent infant mortality'' under title IV of the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1989 (Public Law 100-436; 102 Stat. 1709) is amended by striking out the second and third sentences. | National Commission to Prevent Infant Mortality Reauthorization Act of 1993 - Amends the National Commission to Prevent Infant Mortality Act of 1986 to: (1) reauthorize and extend the National Commission to Prevent Infant Mortality (Commission); and (2) make changes regarding Commission duties, powers, and staff. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Authorization for Implementation of the Agreed Framework Between the United States and North Korea Act''. SEC. 2. STATEMENT OF PURPOSE; STATUTORY CONSTRUCTION. (a) Purpose.--The purpose of this Act is to set forth requirements, consistent with the Agreed Framework, for the United States implementation of the Agreed Framework. (b) Statutory Construction.--Nothing in this Act requires the United States to take any action which would be inconsistent with any provision of the Agreed Framework. SEC. 3. RESTRICTION ON FUNDING. (a) Subject to an Authorization of Appropriations Act and an Appropriations Act.--The United States may not exercise any action under the Agreed Framework that would require the obligation or expenditure of funds except to the extent and in the amounts provided in an Act authorizing appropriations and in an appropriations Act. (b) Prohibition.--No funds may be made available under any provision of law to carry out activities described in the Agreed Framework unless the President determines and certifies to Congress that North Korea is in full compliance with the terms of the Agreed Framework. SEC. 4. NORMALIZATION OF DIPLOMATIC RELATIONS. None of the funds made available to carry out any program, project, or activity funded under any provision of law may be used to maintain relations with North Korea at the ambassadorial level unless North Korea has satisfied the IAEA safeguards requirement described in section 7, the additional requirements set forth in section 8, and the nuclear nonproliferation requirements of section 9. SEC. 5. NORMALIZATION OF ECONOMIC RELATIONS. (a) Restriction on Termination of Economic Embargo.--The President shall not terminate the economic embargo of North Korea until North Korea has satisfied the IAEA safeguards requirement described in section 7, the additional requirements set forth in section 8, and the nuclear nonproliferation requirements of section 9. (b) Definition.--As used in this section, the term ``economic embargo of North Korea'' means the regulations of the Department of the Treasury restricting trade with North Korea under section 5(b) of the Trading With the Enemy Act (50 U.S.C. App. 5(b)). SEC. 6. RESTRICTION ON PETROLEUM SHIPMENTS. (a) Restriction.--If North Korea does not maintain the freeze of its graphite-moderated nuclear program as defined in the Agreed Framework, or if North Korea diverts heavy oil for purposes not specified in the Agreed Framework, then-- (1) no additional heavy oil may be exported to North Korea if such oil is subject to the jurisdiction of the United States, or is exported by a person subject to the jurisdiction of the United States; (2) the United States shall immediately cease any direct or indirect support for any exports of heavy oil to North Korea; and (3) the President shall oppose steps to export heavy oil to North Korea by all other countries in the Korean Peninsula Energy Development Organization. (b) Enforcement.--Whoever violates subsection (a)(1) having the requisite knowledge described in section 11 of the Export Administration Act of 1979 (50 U.S.C. App. 2410) shall be subject to the same penalties as are provided in that section for violations of that Act. SEC. 7. IAEA SAFEGUARDS REQUIREMENT. The requirement of this section is satisfied when the President determines and certifies to the appropriate congressional committees that North Korea is in full compliance with its safeguards agreement with the International Atomic Energy Agency (INFCIRC/403), in accordance with part IV (3) of the Agreed Framework under the timetable set forth therein, as determined by the Agency after-- (1) conducting inspections of the two suspected nuclear waste sites at the Yongbyon nuclear complex; and (2) conducting such other inspections in North Korea as may be deemed necessary by the Agency. SEC. 8. ADDITIONAL REQUIREMENTS. The additional requirements referred to in sections 4 and 5 are the following, as determined and certified by the President to the appropriate congressional committees: (1) That progress has been made in talks between North Korea and the Republic of Korea, including implementation of confidence-building measures by North Korea as well as other concrete steps to reduce tensions. (2) That the United States and North Korea have established a process for returning the remains of United States military personnel who are listed as missing in action (MIAs) during the Korean conflict between 1950 and 1953, including field activities conducted jointly by the United States and North Korea. (3) That North Korea no longer meets the criteria for inclusion on the list maintained by the Secretary of State under section 6(j)(1)(A) of the Export Administration Act of 1979 of countries the governments of which repeatedly provide support for acts of international terrorism. (4) That North Korea has taken positive steps to demonstrate a greater respect for internationally recognized human rights. (5) That North Korea has agreed to control equipment and technology in accordance with the criteria and standards set forth in the Missile Technology Control Regime, as defined in section 74(2) of the Arms Export Control Act (22 U.S.C. 2797c). SEC. 9. NUCLEAR NONPROLIFERATION REQUIREMENTS. The nuclear nonproliferation requirements referred to in sections 4 and 5 are the following, as determined and certified by the President to the appropriate congressional committees and the Committee on Energy and Natural Resources of the Senate: (1) All spent fuel from the graphite-moderated nuclear reactors of North Korea have been removed from the territory of North Korea as is consistent with the Agreed Framework. (2) The International Atomic Energy Agency has conducted any and all inspections that it deems necessary to account fully for the stocks of plutonium and other nuclear materials in North Korea, including special inspections of suspected nuclear waste sites, before any nuclear components controlled by the Nuclear Supplier Group Guidelines are delivered for a light water reactor for North Korea. (3) The dismantlement of all graphite-based nuclear reactors in North Korea, including reprocessing facilities, has been completed in accordance with the Agreed Framework and in a manner that effectively bars in perpetuity any reactivation of such reactors and facilities. SEC. 10. SUSPENSION OF UNITED STATES OBLIGATIONS. The United States shall suspend actions described in the Agreed Framework if North Korea reloads its existing 5 megawatt nuclear reactor or resumes construction of nuclear facilities other than those permitted to be built under the Agreed Framework. SEC. 11. WAIVER. The President may waive the application of section 7, 8, 9, or 10 if the President determines, and so notifies in writing the appropriate congressional committees, that to do so is vital to the security interests of the United States. SEC. 12. REPORTING REQUIREMENTS. Beginning 6 months after the date of enactment of this Act, and every 12 months thereafter, the President shall transmit to the appropriate congressional committees a report setting forth-- (1) an assessment of the extent of compliance by North Korea with all the provisions of the Agreed Framework and this Act; (2) a statement of the progress made on construction of light-water reactors, including a statement of all contributions, direct and indirect, made by any country to the Korean Peninsula Energy Development Organization from the date of signature of the Agreed Framework to the date of the report; (3) a statement of all contributions, direct or indirect, by any country which is not a member of the Korean Peninsula Energy Development Organization for implementation of the Agreed Framework; (4) a statement of all expenditures made by the Korean Peninsula Energy Development Organization, either directly or indirectly, for implementation of the Agreed Framework; (5) an estimate of the date by which North Korea is expected to satisfy the IAEA safeguards requirement described in section 7; (6) a statement whether North Korea is transferring missiles or missile technology to other countries, including those countries that are state sponsors of international terrorism; (7) a description of any new developments or advances in North Korea's nuclear weapons program; (8) a statement of the progress made by the United States in fulfilling its actions under the Agreed Framework, including any steps taken toward normalization of relations with North Korea; (9) a statement of any progress made on dismantlement and destruction of the graphite-moderated nuclear reactors of North Korea and related facilities; (10) a description of the steps being taken to implement the North-South Joint Declaration on the Denuclearization of the Korean Peninsula; (11) an assessment of the participation by North Korea in talks between North Korea and the Republic of Korea; and (12) a description of any action taken by the President under section 6(a)(2). (b) Form of Report.--To the maximum extent possible, the President should submit the report in unclassified form. SEC. 13. DEFINITIONS. As used in this Act: (1) Agreed framework.--The term ``Agreed Framework'' means the document entitled ``Agreed Framework Between the United States of America and the Democratic People's Republic of Korea'', signed October 21, 1994, at Geneva, and the attached Confidential Minute. (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committees on Foreign Relations and Armed Services of the Senate and the Committees on International Relations and National Security of the House of Representatives. (3) IAEA safeguards.--The term ``IAEA safeguards'' means the safeguards set forth in an agreement between a country and the International Atomic Energy Agency, as authorized by Article III(A)(5) of the Statute of the International Atomic Energy Agency. (4) North korea.--The term ``North Korea'' means the Democratic People's Republic of Korea, including any agency or instrumentality thereof. (5) Inspections.--The term ``inspections'' means inspections conducted by the International Atomic Energy Agency pursuant to an IAEA safeguards agreement, including special inspection of undeclared information or locations if the IAEA cannot account for nuclear material and is therefore unable to verify that there has been no diversion of nuclear materials. | Authorization for Implementation of the Agreed Framework Between the United States and North Korea Act - Sets forth requirements for U.S. implementation of the Agreed Framework Between the United States and North Korea. (Sec. 3) Prohibits the United States from exercising any action under the Agreed Framework that would require the obligation or expenditure of funds except to the extent and in the amounts provided in an Act authorizing appropriations and in an appropriations Act. Prohibits the availability of funds to carry out activities described in the Agreed Framework unless the President certifies to the Congress that North Korea is in full compliance with the terms of the Agreed Framework. (Sec. 4) Prohibits the availability of funds to carry out any Federal program, project, or activity to maintain relations with North Korea at the ambassadorial level unless North Korea has satisfied the International Atomic Energy Agency (IAEA) safeguards requirement, the nuclear proliferation requirement, and other additional requirements of this Act. (Sec. 5) Declares that the President shall not terminate the economic embargo of North Korea until it has satisfied all such requirements. (Sec. 6) States that if North Korea does not maintain the freeze of its graphite-moderated nuclear program, or if it diverts heavy oil for purposes not specified in the Agreed Framework, then: (1) no additional heavy oil may be exported to North Korea if such oil is subject to U.S. jurisdiction, or is exported by a person subject to U.S. jurisdiction; (2) the United States shall immediately cease any direct or indirect support for any exports of heavy oil to North Korea; and (3) the President shall oppose steps to export such oil to North Korea by all other countries in the Korean Peninsula Energy Development Organization. (Sec. 7) States that the IAEA safeguards requirement of this Act is satisfied when the President certifies to Congress North Korea's full compliance with its safeguards agreement with the IAEA, as determined by the IAEA after: (1) inspecting the two suspected nuclear waste sites at the Yongbyon nuclear complex; and (2) conducting any other necessary inspections in North Korea. (Sec. 8) Specifies additional requirements whose satisfaction must be certified by the President to the appropriate congressional committees, including: (1) progress in talks between North Korea and the Republic of Korea; (2) joint U.S. and North Korean establishment of a process for returning the remains of U.S. military personnel listed as missing in action (MIAs) during the Korean Conflict; (3) North Korea's no longer meeting criteria for inclusion on the Secretary of State's list of countries supporting international terrorism; (4) positive steps by North Korea to demonstrate a greater respect for internationally recognized human rights; and (5) North Korean agreement to control equipment and technology in accordance with the Missile Technology Control Regime. (Sec. 9) Specifies nuclear proliferation requirements whose satisfaction must be certified by the President to the appropriate congressional committees, including: (1) removal of all spent fuel from North Korean graphite-moderated nuclear reactors; (2) completion of all IAEA inspections necessary to account fully for the stocks of plutonium and other nuclear materials in North Korea, including inspections of suspected nuclear waste sites, before any nuclear components controlled by the Nuclear Supplier Group Guidelines are delivered for a light water reactor for North Korea; and (3) complete dismantlement of all graphite-moderated reactors in North Korea, including reprocessing facilities, in a manner effectively barring any reactivation. (Sec. 10) Declares that the United States shall suspend actions described in the Agreed Framework if North Korea reloads its existing five megawatt nuclear reactor or resumes construction of nuclear facilities other than those permitted to be built under the Agreed Framework. (Sec. 11) Provides for presidential waiver of such suspension or any of the requirements of this Act if it is vital to U.S. security interests to do so. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Antifreeze Bittering Act of 2006''. SEC. 2. ADDITION OF BITTERING AGENT IN ANTIFREEZE REQUIRED. The Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.) is amended by adding after section 24 (15 U.S.C. 1278) the following new section: ``SEC. 25. ADDITION OF BITTERING AGENT IN ANTIFREEZE REQUIRED. ``(a) Bittering Agent.-- ``(1) Environmental evaluation required.-- ``(A) In general.--Not later than 30 days after the date of enactment of this section, the Consumer Product Safety Commission shall commence an evaluation, in cooperation with the Environmental Protection Agency and appropriate State health and environmental officials in those States that, as of the date of enactment of this section, have enacted laws requiring a bittering agent in engine coolant or antifreeze, to determine whether there is evidence that the use of the bittering agent denatonium benzoate in engine coolant or antifreeze has an unreasonable adverse effect on the environment. ``(B) Certain tests prohibited.--The evaluation required under subparagraph (A) may not include any new animal or human testing. ``(C) Required date of completion.--The Commission shall complete the evaluation within 180 days after the date of enactment of this section and publish its findings in the Federal Register. ``(2) Use of bittering agent.-- ``(A) General requirement.--Unless the Commission, in its evaluation under paragraph (1), finds there is evidence of an unreasonable adverse effect on the environment, any engine coolant or antifreeze that is manufactured on or after the date that is 180 days after the date of publication of the Commission's finding in the Federal Register pursuant to paragraph (1)(C), and that contains more than 10 percent ethylene glycol, shall include not less than 30 parts per million, and not more than 50 parts per million, denatonium benzoate as a bittering agent in order to render the coolant or antifreeze unpalatable. ``(B) Alternative agent.--If the inclusion of denatonium benzoate in engine coolant or antifreeze is required under subparagraph (A) and the Commission finds that-- ``(i) an alternative bittering agent is as effective as denatonium benzoate in rendering coolant or antifreeze unpalatable in terms of both its bittering capacity and its compatibility with motor vehicle engine coolant and antifreeze, and ``(ii) in cooperation with the Environmental Protection Agency, there is no evidence that the use of the alternative bittering agent has an unreasonable adverse effect on the environment, the Commission may initiate a rulemaking to permit the use of the alternative bittering agent in lieu of denatonium benzoate. ``(3) Unreasonable adverse effect on the environment defined.--As used in this subsection, the term `unreasonable adverse effect on the environment' means an unreasonable risk to human health or the environment, taking into account the economic, social, and environmental costs and benefits. ``(4) Failure to comply.--Any engine coolant or antifreeze that is required to contain a bittering agent under paragraph (2) that is not in compliance with that paragraph shall be considered to be a banned hazardous substance within the meaning of section 2(q) (15 U.S.C. 1261(q)), and shall be subject to the penalties provided for in section 5 (15 U.S.C. 1264). ``(b) Record Keeping.-- ``(1) Name and active ingredient.--A manufacturer of an engine coolant or antifreeze that is required to contain a bittering agent under subsection (a) shall maintain a record of the trade name, scientific name, and any active ingredients of a bittering agent used in compliance with such subsection. ``(2) Availability to the public.--Any record maintained under paragraph (1) shall be made available to the public on receipt by the manufacturer of a request from any person. ``(c) Limitation of Liability.-- ``(1) In general.--Subject to paragraph (2), a manufacturer, processor, distributor, recycler, or seller of an engine coolant or antifreeze that is required to contain a bittering agent under subsection (a) shall not be liable to a person for any personal injury, death, property damage, damage to the environment (including natural resources), or economic loss that results from the inclusion in the engine coolant or antifreeze of the bittering agent, provided that the bittering agent is present in concentrations mandated by subsection (a)(2)(A) or permitted pursuant to a rulemaking under subsection (a)(2)(B). ``(2) Exception.--Paragraph (1) shall not apply in any case in which a cause of liability referred to in that paragraph is unrelated to the inclusion in an engine coolant or antifreeze of the bittering agent as required by subsection (a). Nothing in this subsection shall be construed to exempt any manufacturer or distributor of denatonium benzoate, or an alternative bittering agent the use of which is required or permitted under subsection (a)(2), from any liability related to denatonium benzoate or the alternative bittering agent. ``(d) Preemption.--No State or political subdivision of a State shall establish or continue to enforce with respect to retail containers containing less than 55 gallons of engine coolant or antifreeze any prohibition, limitation, standard or other requirement relating to the inclusion of a bittering agent in engine coolant or antifreeze that is different from, or in addition to, the requirements of this section. ``(e) Exemption.--This section shall not be construed to apply to-- ``(1) the sale of a motor vehicle that contains engine coolant or antifreeze; or ``(2) a wholesale container of engine coolant or antifreeze that contains 55 gallons or more of engine coolant or antifreeze.''. | Antifreeze Bittering Act of 2006 - Amends the Federal Hazardous Substances Act to require the Consumer Product Safety Commission (CPSC) to: (1) commence, in cooperation with the Environmental Protection Agency (EPA) and state officials, an evaluation to determine whether there is evidence that the use of the bittering agent denatonium benzoate in engine coolant or antifreeze has an unreasonable adverse effect on the environment; (2) complete such evaluation within 180 days; and (3) publish its findings in the Federal Register. Requires engine coolant or antifreeze that is manufactured 180 days or more after publication of the Commission's findings and that contains more than 10% ethylene glycol to include a specified concentration of denatonium benzoate to render the coolant or antifreeze unpalatable unless the Commission finds evidence that denatonium benzoate has an unreasonable adverse effect on the environment. Allows the Commission to permit use of an alternative bittering agent in lieu of denatonium benzoate if the Commission finds: (1) that such alternative is as effective as denatonium benzoate; and (2) in cooperation with EPA, that there is no evidence of an unreasonable adverse environmental effect. Defines the term "unreasonable adverse effect on the environment" to mean an unreasonable risk to human health or the environment, taking into account the economic, social, and environmental costs and benefits. Deems any engine coolant or antifreeze that is not in compliance with this Act to be a banned hazardous substance. Requires a coolant or antifreeze manufacturer to maintain records of active ingredients of bittering agents. Limits the liability of manufacturers, processors, distributors, recyclers, or sellers of engine coolant or antifreeze related to the inclusion of denatonium benzoate in compliance with this Act. Declares that the Act does not exempt manufactures or distributors of denatonium benzoate or an alternative bittering agent from liability related to such additive. Preempts state or local laws that impose different requirements relating to the inclusion of a bittering agent in engine coolant or antifreeze with respect to retail containers containing less than 55 gallons. Declares this Act inapplicable to: (1) the sale of a motor vehicle that contains engine coolant or antifreeze; or (2) wholesale containers of 55 gallons or more of engine coolant or antifreeze. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Lung Cancer Mortality Reduction Act of 2008''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Lung cancer is the leading cause of cancer death for both men and women, accounting for 28 percent of all cancer deaths. (2) Lung cancer kills more people annually than breast cancer, prostate cancer, colon cancer, liver cancer, melanoma, and kidney cancer combined. (3) Since the National Cancer Act of 1971 (Public Law 92- 218; 85 Stat. 778), coordinated and comprehensive research has raised the 5-year survival rates for breast cancer to 88 percent, for prostate cancer to 99 percent, and for colon cancer to 64 percent. (4) However, the 5-year survival rate for lung cancer is still only 15 percent and a similar coordinated and comprehensive research effort is required to achieve increases in lung cancer survivability rates. (5) Sixty percent of lung cancer cases are now diagnosed as nonsmokers or former smokers. (6) Two-thirds of nonsmokers diagnosed with lung cancer are women. (7) Certain minority populations, such as African-American males, have disproportionately high rates of lung cancer incidence and mortality, notwithstanding their similar smoking rate. (8) Members of the baby boomer generation are entering their sixties, the most common age at which people develop lung cancer. (9) Tobacco addiction and exposure to other lung cancer carcinogens such as Agent Orange and other herbicides and battlefield emissions are serious problems among military personnel and war veterans. (10) Significant and rapid improvements in lung cancer mortality can be expected through greater use and access to lung cancer screening tests for at-risk individuals. (11) Additional strategies are necessary to further enhance the existing tests and therapies available to diagnose and treat lung cancer in the future. (12) The August 2001 Report of the Lung Cancer Progress Review Group of the National Cancer Institute stated that funding for lung cancer research was ``far below the levels characterized for other common malignancies and far out of proportion to its massive health impact''. (13) The Report of the Lung Cancer Progress Review Group identified as its ``highest priority'' the creation of integrated, multidisciplinary, multi-institutional research consortia organized around the problem of lung cancer rather than around specific research disciplines. (14) The United States must enhance its response to the issues raised in the Report of the Lung Cancer Progress Review Group, and this can be accomplished through the establishment of a coordinated effort designed to reduce the lung cancer mortality rate by 50 percent by 2015 and targeted funding to support this coordinated effort. SEC. 3. SENSE OF THE SENATE CONCERNING INVESTMENT IN LUNG CANCER RESEARCH. It is the sense of the Senate that-- (1) lung cancer mortality reduction should be made a national public health priority; and (2) a comprehensive mortality reduction program coordinated by the Secretary of Health and Human Service is justified and necessary to adequately address and reduce lung cancer mortality. SEC. 4. LUNG CANCER MORTALITY REDUCTION PROGRAM. (a) In General.--Subpart 1 of 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: ``SEC. 417E. LUNG CANCER MORTALITY REDUCTION PROGRAM. ``(a) In General.--Not later than 6 months after the date of enactment of the Lung Cancer Mortality Reduction Act of 2008, the Secretary, in consultation with the Secretary of Defense, the Secretary of Veterans Affairs, the Director of the National Institutes of Health, the Director of the Centers for Disease Control and Prevention, the Administrator of the Food and Drug Administration, the Director of the Centers for Medicare & Medicaid Services, the Director of the National Center on Minority Health and Health Disparities, and other members of the Lung Cancer Advisory Board established under section 6 of the Lung Cancer Mortality Reduction Act of 2008, shall implement a comprehensive program to achieve a 50 percent reduction in the mortality rate of lung cancer by 2015. ``(b) Requirements.--The program implemented under subsection (a) shall include at least the following: ``(1) With respect to the National Institutes of Health-- ``(A) a strategic review and prioritization by the National Cancer Institute of research grants to achieve the goal of the program in reducing lung cancer mortality; ``(B) the provision of funds to enable the Airway Biology and Disease Branch of the National Heart, Lung and Blood Institute to expand its research programs to include predispositions to lung cancer, the interrelationship between lung cancer and other pulmonary and cardiac disease, and the diagnosis and treatment of these interrelationships; ``(C) the provision of funds to enable the National Institute of Biomedical Imaging and Bioengineering to expand its Quantum Grant Program and Image-Guided Interventions programs to expedite the development of computer assisted diagnostic, surgical, treatment and drug testing innovations to reduce lung cancer mortality; and ``(D) the provision of funds to enable the National Institute for Environmental Health Sciences to implement research programs relative to lung cancer incidence. ``(2) With respect to the Food and Drug Administration-- ``(A) the establishment of a lung cancer mortality reduction drug program under subtitle G of chapter V of the Federal Food, Drug, and Cosmetic Act; and ``(B) compassionate access activities under section 561 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb). ``(3) With respect to the Centers for Disease Control and Prevention, the establishment of a lung cancer mortality reduction program under section 1511. ``(4) With respect to the Agency for Healthcare Research and Quality, the conduct of a biannual review of lung cancer screening, diagnostic and treatment protocols, and the issuance of updated guidelines. ``(5) The cooperation and coordination of all minority and health disparity programs within the Department of Health and Human Services to ensure that all aspects of the Lung Cancer Mortality Reduction Program adequately address the burden of lung cancer on minority and rural populations. ``(6) The cooperation and coordination of all tobacco control and cessation programs within agencies of the Department of Health and Human Services to achieve the goals of the Lung Cancer Mortality Reduction Program with particular emphasis on the coordination of drug and other cessation treatments with early detection protocols. ``(c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section-- ``(1) $25,000,000 for fiscal year 2009 for the activities described in subsection (b)(1)(B), and such sums as may be necessary for each of fiscal years 2010 through 2013; ``(2) $25,000,000 for fiscal year 2009 for the activities described in subsection (b)(1)(C), and such sums as may be necessary for each of fiscal years 2010 through 2013; ``(3) $10,000,000 for fiscal year 2009 for the activities described in subsection (b)(1)(D), and such sums as may be necessary for each of fiscal years 2010 through 2013; and ``(4) $15,000,000 for fiscal year 2009 for the activities described in subsection (b)(3), and such sums as may be necessary for each of fiscal years 2010 through 2013.''. (b) Food, Drug, and Cosmetic Act.--Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by adding at the end the following: ``Subchapter G--Lung Cancer Mortality Reduction Programs ``SEC. 581. LUNG CANCER MORTALITY REDUCTION PROGRAM. ``(a) In General.--The Secretary shall implement a program to provide incentives of the type provided for in subchapter B of this chapter for the development of chemoprevention drugs for precancerous conditions of the lung, drugs for targeted therapeutic treatments and vaccines for lung cancer, and new agents to curtail or prevent nicotine addiction. The Secretary shall model the program implemented under this section on the program provided for under subchapter B of this chapter with respect certain drugs. ``(b) Application of Provisions.--The Secretary shall apply the provisions of subchapter B of this chapter to drugs, biological products, and devices for the prevention or treatment of lung cancer, including drugs, biological products, and devices for chemoprevention of precancerous conditions of the lungs, vaccination against the development of lung cancer and therapeutic treatment for lung cancer. ``(c) Board.--The Board established under section 6 of the Lung Cancer Mortality Reduction Act of 2008 shall monitor the program implemented under this section.''. (c) Access to Unapproved Therapies.--Section 561(e) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb(e)) is amended by inserting before the period the following: ``and shall include providing compassionate access to drugs, biological products, and devices under the program under section 581, with substantial consideration being given to whether the totality of information available to the Secretary regarding the safety and effectiveness of an investigational drug, as compared to the risk of morbidity and death from the disease, indicates that a patient may obtain more benefit than risk if treated with the drug, biological product, or device.''. (d) CDC.--Title XV of the Public Health Service Act (42 U.S.C. 300k et seq.) is amended by adding at the end the following: ``SEC. 1511. LUNG CANCER MORTALITY REDUCTION PROGRAM. ``(a) In General.--The Secretary shall establish and implement an early disease research and management program targeted at the high incidence and mortality rates among minority and low-income populations. ``(b) Authorization of Appropriations.--There is authorized to be appropriated, such sums as may be necessary to carry out this section.''. SEC. 5. DEPARTMENT OF DEFENSE AND THE DEPARTMENT OF VETERANS AFFAIRS. The Secretary of Defense and the Secretary of Veterans Affairs shall coordinate with the Secretary of Health and Human Services-- (1) in the development of the Lung Cancer Mortality Reduction Program under section 417E; (2) in the implementation within the Department of Defense and the Department of Veterans Affairs of an early detection and disease management research program for military personnel and veterans whose smoking history and exposure to carcinogens during active duty service has increased their risk for lung cancer; and (3) in the implementation of coordinated care programs for military personnel and veterans diagnosed with lung cancer. SEC. 6. LUNG CANCER ADVISORY BOARD. (a) In General.--The Secretary of Health and Human Services shall establish a Lung Cancer Advisory Board (referred to in this section as the ``Board'') to monitor the programs established under this Act (and the amendments made by this Act), provide annual reports to Congress concerning benchmarks, expenditures, lung cancer statistics, and the public health impact of such programs. (b) Composition.--The Board shall be composed of-- (1) the Secretary of Health and Human Services; (2) the Secretary of Defense; (3) the Secretary of Veterans Affairs; and (4) two representatives each from the fields of clinical medicine focused on lung cancer, lung cancer research, imaging, drug development, and lung cancer advocacy, to be appointed by the Secretary of Health and Human Services. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. For the purpose of carrying out the programs under this Act (and the amendments made by this Act), there is authorized to be appropriated such sums as may be necessary for each of fiscal years 2009 through 2013. | Lung Cancer Mortality Reduction Act of 2008 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (the Secretary) to implement a comprehensive program to achieve a 50% reduction in the mortality rate of lung cancer by 2015. Includes within such program: (1) a strategic review and prioritization of research grants; (2) an expansion of research programs, such as on predispositions to lung cancer; and (3) the expedited development of computer assisted diagnostic, surgical, treatment, and drug testing innovations. Amends the Federal Food, Drug, and Cosmetic Act to require the Secretary to provide incentives for the development of chemoprevention drugs for precancerous conditions of the lung, drugs for targeted therapeutic treatments and vaccines for lung cancer, and new agents to curtail or prevent nicotine addiction. Provides for compassionate access to drugs, biological products, and devices under the lung cancer mortality reduction program. Requires the Secretary to establish an early disease research and management program targeted at the high incidence and mortality rates among minority and low income populations. Requires the Secretary of Defense and the Secretary of Veterans Affairs to coordinate with the Secretary in: (1) the development of the lung cancer mortality reduction program under this Act; (2) the implementation of an early detection and disease management research program for military personnel and veterans whose smoking history and exposure to carcinogens during active duty service has increased their risk for lung cancer; and (3) the implementation of coordinated care programs for military personnel and veterans diagnosed with lung cancer. Requires the Secretary to establish a Lung Cancer Advisory Board to monitor the programs established under this Act. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Gateway Communities Cooperation Act of 2000''. SEC. 2. IMPROVED RELATIONSHIP BETWEEN FEDERAL LAND MANAGERS AND GATEWAY COMMUNITIES TO SUPPORT COMPATIBLE LAND MANAGEMENT OF BOTH FEDERAL AND ADJACENT LANDS. (a) Findings.--The Congress finds the following: (1) Communities that are adjacent to or near significant parcels of the Federal lands, such as units of the National Park System, units of the National Wildlife Refuge System, units of the National Forest System, and lands administered by the Bureau of Land Management, are often affected by the management and public use of these Federal lands. (2) These nearby communities, commonly known as gateway communities, have social and economic links to these Federal lands and can also affect the activities occurring on these Federal lands. (3) Gateway communities often serve as a starting point for persons who visit these Federal lands and are an ideal place for establishment of visitor services, including lodging, food service, fuel, and auto repairs. (4) Development in these gateway communities can benefit or adversely affect the management and protection of these Federal lands, depending on the extent to which advance planning for the local development is coordinated between the communities and Federal land managers. (5) The management decisions of Federal land managers can have unintended consequences for gateway communities, when the decisions are not adequately communicated to, or coordinated with, the elected officials and residents of gateway communities. (6) Experts in land management planning are available to Federal land managers, but persons with technical planning skills are often not readily available to gateway communities, particularly small gateway communities. (b) Policy.--It is the policy of the Federal Government that Federal land managers should make every effort to support, and communicate, coordinate, and cooperate with, gateway communities in order to-- (1) improve the relationship between Federal land managers and elected officials and residents of gateway communities; (2) enhance the facilities and services in gateway communities that, while compatible with the management of Federal lands, are available to visitors to Federal lands; and (3) result in better land use decisions. (c) Definitions.--In this Act: (1) Federal land manager.--The term ``Federal land manager'' means the superintendent of a unit of the National Park System, the manager of a national wildlife refuge, the resource area manager of a Bureau of Land Management area, or the supervisor of a unit of the National Forest System. (2) Gateway community.--The term ``gateway community'' means a community that-- (A) is located adjacent to or near Federal lands administered by a Federal land manager; (B) provides identifiable visitor services to persons using these Federal lands; (C) has identifiable social and economic links to these Federal lands; and (D) contains lands, the use of which could either benefit or adversely affect lands, waters, or other resources of these Federal lands. (3) Certified gateway community.--The term ``certified gateway community'' means a gateway community that voluntarily requests the technical assistance of a Federal land manager on matters of land use coordination and planning for, and the appropriate siting of development in, the gateway community. (d) Participate in Federal Planning.--Whenever a Federal land manager undertakes land management planning regarding Federal lands administered by the Federal land manager, the Federal land manager shall-- (1) seek the active involvement of elected officials, businesses, civic organizations, and other interested persons in neighboring gateway communities in the planning process; and (2) provide these persons with a meaningful opportunity to participate in the development and implementation of the resulting land management decisions. (e) Coordination of Land Use.--A Federal land manager may enter into a cooperative agreement with the local government of a certified gateway community for the purpose of mutual coordination of land management and development plans. At a minimum, such an agreement shall provide for the involvement of persons referred to in subsection (d)(1) in the Federal planning process and for the Federal land manager to be involved in land management planning conducted by the certified gateway community. (f) Grants To Assist Certified Gateway Communities.--Using funds appropriated or otherwise made available to a Federal land manager to carry out this section, the Federal land manager may make grants to a certified gateway community-- (1) to enable persons referred to in subsection (d)(1) to participate in the Federal land use planning process; (2) to enable the local government of a certified gateway community to obtain professional land use planning assistance; (3) to address public infrastructure impacts that are identified through this process as a likely result of the Federal land management decisions and for which sufficient funds are not otherwise available; and (4) to address other aspects of local economic development that may affect land use decisions, including programs to educate visitors to the Federal lands about these lands or about the gateway community. | Requires such a manager undertaking land management planning to: (1) seek the participation of elected officials, businesses, and other interested persons in neighboring gateway communities; and (2) provide such persons with an opportunity to participate in the development and implementation of the resulting land management decisions. Permits such a manager to: (1) enter into a cooperative agreement with the local government of a certified gateway community to coordinate land management and development plans; and (2) make grants to assist such communities with respect to the Federal land use planning process. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``No Social Security for Nazis Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Congress enacted social security legislation to provide earned benefits for workers and their families, should they retire, become disabled, or die. (2) Congress never intended for participants in Nazi persecution to be allowed to enter the United States or to reap the benefits of United States residency or citizenship, including participation in the Nation's Social Security program. SEC. 3. TERMINATION OF BENEFITS. (a) In General.--Section 202(n)(3) of the Social Security Act (42 U.S.C. 402(n)(3)) is amended to read as follows: ``(3) For purposes of paragraphs (1) and (2) of this subsection-- ``(A) an individual against whom a final order of removal has been issued under section 237(a)(4)(D) of the Immigration and Nationality Act on grounds of participation in Nazi persecution shall be considered to have been removed under such section as of the date on which such order became final; ``(B) an individual with respect to whom an order admitting the individual to citizenship has been revoked and set aside under section 340 of the Immigration and Nationality Act in any case in which the revocation and setting aside is based on conduct described in section 212(a)(3)(E)(i) of such Act (relating to participation in Nazi persecution), concealment of a material fact about such conduct, or willful misrepresentation about such conduct shall be considered to have been removed as described in paragraph (1) as of the date of such revocation and setting aside; and ``(C) an individual who pursuant to a settlement agreement with the Attorney General has admitted to conduct described in section 212(a)(3)(E)(i) of the Immigration and Nationality Act (relating to participation in Nazi persecution) and who pursuant to such settlement agreement has lost status as a national of the United States by a renunciation under section 349(a)(5) of the Immigration and Nationality Act shall be considered to have been removed as described in paragraph (1) as of the date of such renunciation.''. (b) Other Benefits.--Section 202(n) of such Act (42 U.S.C. 402(n)) is amended by adding at the end the following: ``(4) In the case of any individual described in paragraph (3) whose monthly benefits are terminated under paragraph (1)-- ``(A) no benefits otherwise available under section 202 based on the wages and self-employment income of any other individual shall be paid to such individual for any month after such termination; and ``(B) no supplemental security income benefits under title XVI shall be paid to such individual for any such month, including supplementary payments pursuant to an agreement for Federal administration under section 1616(a) and payments pursuant to an agreement entered into under section 212(b) of Public Law 93-66''. SEC. 4. NOTIFICATIONS. Section 202(n)(2) of the Social Security Act (42 U.S.C. 402(n)(2)) is amended to read as follows: ``(2)(A) In the case of the removal of any individual under any of the paragraphs of section 237(a) of the Immigration and Nationality Act (other than under paragraph (1)(C) of such section) or under section 212(a)(6)(A) of such Act, the revocation and setting aside of citizenship of any individual under section 340 of the Immigration and Nationality Act in any case in which the revocation and setting aside is based on conduct described in section 212(a)(3)(E)(i) of such Act (relating to participation in Nazi persecution), or the renunciation of nationality by any individual under section 349(a)(5) of such Act pursuant to a settlement agreement with the Attorney General where the individual has admitted to conduct described in section 212(a)(3)(E)(i) of the Immigration and Nationality Act (relating to participation in Nazi persecution) occurring after the date of the enactment of the No Social Security for Nazis Act, the Attorney General or the Secretary of Homeland Security shall notify the Commissioner of Social Security of such removal, revocation and setting aside, or renunciation of nationality not later than 7 days after such removal, revocation and setting aside, or renunciation of nationality (or, in the case of any such removal, revocation and setting aside, or renunciation of nationality that has occurred prior to the date of the enactment of the No Social Security for Nazis Act, not later than 7 days after such date of enactment). ``(B)(i) Not later than 30 days after the enactment of the No Social Security for Nazis Act, the Attorney General shall certify to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate that the Commissioner of Social Security has been notified of each removal, revocation and setting aside, or renunciation of nationality described in subparagraph (A). ``(ii) Not later than 30 days after each notification with respect to an individual under subparagraph (A), the Commissioner of Social Security shall certify to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate that such individual's benefits were terminated under this subsection.''. SEC. 5. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to benefits paid for any month beginning after the date of the enactment of this Act. | No Social Security for Nazis Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSA) to consider the following individuals to be removed under the Immigration and Nationality Act and so to have their OASDI benefits terminated: an individual with respect to whom an order admitting the individual to citizenship has been revoked and set aside where such action is based on conduct relating to participation in Nazi persecution, concealment of a material fact about such conduct, or willful misrepresentation about such conduct; and an individual who, pursuant to a settlement agreement with the Attorney General (AG), has admitted to such conduct and has lost status as a U.S. national by renouncing that status. Requires such individuals to have been considered removed under such Act as of the date of the revocation, setting aside, or renunciation. Prohibits such individuals from receiving other Social Security benefits based on the wages and self-employment income of any other individual. Prohibits the payment to such individuals also of any benefits under SSA tile XVI (Supplemental Security Income) (SSI). Requires the AG or the Secretary of Homeland Security (DHS) to notify the Commissioner of Social Security of such revocations, setting asides, and renunciations of nationality. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Preservation Act of 1997''. SEC. 2. INVESTMENT OF THE FEDERAL OLD-AGE AND SURVIVORS INSURANCE TRUST FUND AND THE FEDERAL DISABILITY INSURANCE TRUST FUND. (a) In General.--Section 201(d) of the Social Security Act (42 U.S.C. 401(d)) is amended-- (1) by inserting ``(1)'' after ``(d)''; (2) by striking ``Such investments may be made only'' and inserting the following: ``Except as provided in paragraph (2), such investments may be made only''; (3) by striking the last sentence; and (4) by adding at the end the following new paragraph: ``(2)(A) The Managing Trustee shall determine the annual surplus (as defined in subparagraph (B)) for each of the Trust Funds as of the end of each fiscal year. The Managing Trustee shall ensure that such annual surplus is invested, throughout the next following fiscal year, in-- ``(i) marketable interest-bearing obligations of the United States or obligations guaranteed as to both principal and interest by the United States, purchased on original issue or at the market price, or ``(ii) certificates of deposit in insured depository institutions (as defined in section 3(c)(2) of the Federal Deposit Insurance Act). ``(B) For purposes of this paragraph, the `annual surplus' for either of the Trust Funds as of the end of a fiscal year is the excess (if any) of-- ``(i) the sum of-- ``(I) in the case of the Federal Old-Age and Survivors Insurance Trust Fund, the amounts appropriated to such Trust Fund under clauses (3) and (4) of subsection (a) for the fiscal year, ``(II) in the case of the Federal Disability Insurance Trust Fund, the amounts appropriated to such Trust Fund under clauses (1) and (2) of subsection (b) for the fiscal year, and ``(III) in either case, the amount appropriated to such Trust Fund under section 121(e) of the Social Security Amendments of 1983 for the fiscal year, and any amounts otherwise credited to or deposited in such Trust Fund under this title for the fiscal year, over ``(ii) the amounts paid or transferred from such Trust Fund during the fiscal year.''. (b) Effective Date.--The amendments made by this section shall apply with respect to annual surpluses as of the end of fiscal years beginning on or after October 1, 2002. SEC. 3. PROTECTION OF THE SOCIAL SECURITY TRUST FUNDS FROM THE PUBLIC DEBT LIMIT. (a) Protection of Trust Funds.--Notwithstanding any other provision of law-- (1) no officer or employee of the United States may-- (A) delay the deposit of any amount into (or delay the credit of any amount to) the Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund or otherwise vary from the normal terms, procedures, or timing for making such deposits or credits, or (B) refrain from the investment in public debt obligations of amounts in either of such Trust Funds, if a purpose of such action or inaction is to not increase the amount of outstanding public debt obligations, and (2) no officer or employee of the United States may disinvest amounts in either of such Trust Funds which are invested in public debt obligations if a purpose of the disinvestment is to reduce the amount of outstanding public debt obligations. (b) Protection of Benefits and Expenditures for Administrative Expenses.-- (1) In general.--Notwithstanding subsection (a), during any period for which cash benefits or administrative expenses would not otherwise be payable from the Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund by reason of an inability to issue further public debt obligations because of the applicable public debt limit, public debt obligations held by such Trust Fund shall be sold or redeemed only for the purpose of making payment of such benefits or administrative expenses and only to the extent cash assets of such Trust Fund are not available from month to month for making payment of such benefits or administrative expenses. (2) Issuance of corresponding debt.--For purposes of undertaking the sale or redemption of public debt obligations held by the Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund pursuant to paragraph (1), the Secretary of the Treasury may issue corresponding public debt obligations to the public, in order to obtain the cash necessary for payment of benefits or administrative expenses from such Trust Fund, notwithstanding the public debt limit. (3) Advance notice of sale or redemption.--Not less than 3 days prior to the date on which, by reason of the public debt limit, the Secretary of the Treasury expects to undertake a sale or redemption authorized under paragraph (1), the Secretary of the Treasury shall report to each House of the Congress and to the Comptroller General of the United States regarding the expected sale or redemption. Upon receipt of such report, the Comptroller General shall review the extent of compliance with subsection (a) and paragraphs (1) and (2) of this subsection and shall issue such findings and recommendations to each House of the Congress as the Comptroller General considers necessary and appropriate. (c) Public Debt Obligation.--For purposes of this section, the term ``public debt obligation'' means any obligation subject to the public debt limit established under section 3101 of title 31, United States Code. | Social Security Preservation Act of 1997 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to require the Managing Trustee of the Board of Trustees of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund to ensure that the annual surplus of the trust funds is invested in: (1) marketable interest-bearing obligations of the United States or obligations guaranteed by the United States; or (2) certificates of deposit in insured depository institutions. Prescribes a formula for determining the annual surplus of the trust funds. Prohibits disinvestment of trust fund amounts from public debt obligations, any refraining from making such investments, or any delay in making normal deposits in such trust funds for public debt limit-related purposes, if a purpose of such action or inaction is to not increase, or to reduce, the amount of outstanding public debt obligation. Declares that, during any period for which cash benefits or administrative expenses would not otherwise be payable from either Trust Fund by reason of an inability to issue further public debt obligations because the public debt limit has been reached, public debt obligations held by such Trust Fund shall be sold or redeemed only for the purpose of making payment of such benefits or administrative expenses, and only to the extent Trust Fund cash assets are not available from month to month to pay such benefits or expenses. Authorizes the Secretary of the Treasury, in order to sell or redeem public debt obligations held by either Trust Fund, to issue corresponding public debt obligations in order to obtain the cash necessary to pay benefits or administrative expenses from such Trust Fund, notwithstanding the public debt limit. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Early Support for Families Act''. SEC. 2. GRANTS TO STATES FOR QUALITY HOME VISITATION PROGRAMS FOR FAMILIES WITH YOUNG CHILDREN AND FAMILIES EXPECTING CHILDREN. Part B of title IV of the Social Security Act (42 U.S.C. 621-629i) is amended by adding at the end the following: ``Subpart 3--Support for Quality Home Visitation Programs ``SEC. 440. HOME VISITATION PROGRAMS FOR FAMILIES WITH YOUNG CHILDREN AND FAMILIES EXPECTING CHILDREN. ``(a) Purpose.--The purpose of this section is to improve the well- being and development of children by enabling the establishment and expansion of quality programs providing voluntary home visitation for families with young children and families expecting children. ``(b) Grant Application.--A State that desires to receive a grant under this section shall submit to the Secretary, at such time and in such manner as the Secretary may require, an application for the grant that includes the following: ``(1) Description of home visitation programs.--A description of the high quality programs of home visitation for families with young children and families expecting children that will be supported by a grant made to the State under this section, the outcomes the programs are intended to achieve, and the evidence supporting the effectiveness of the programs. ``(2) Results of needs assessment.--The results of a statewide needs assessment that describes-- ``(A) the number, quality, and capacity of home visitation programs for families with young children and families expecting children in the State; ``(B) the number and types of eligible families who are receiving services under the programs; ``(C) the sources and amount of funding provided to the programs; ``(D) the gaps in early childhood home visitation in the State, including identification of communities that are in high need of the services; and ``(E) training and technical assistance activities designed to achieve or support the goals of the programs. ``(3) Assurances.--Assurances from the State that-- ``(A) in supporting home visitation programs using funds provided under this section, the State shall identify and prioritize serving communities that are in high need of such services, especially communities with a high proportion of low-income families or a high incidence of child maltreatment; ``(B) the State will reserve 5 percent of the grant funds for training and technical assistance to the home visitation programs using such funds; ``(C) in supporting home visitation programs using funds provided under this section, the State will promote coordination and collaboration with other child and family services, health services, income supports, and other related assistance; ``(D) home visitation programs supported using such funds will, when appropriate, provide referrals to other programs serving children and families; and ``(E) the State will comply with subsection (i), and cooperate with any evaluation conducted under subsection (j). ``(4) Other information.--Such other information as the Secretary may require. ``(c) Allotments.-- ``(1) Indian tribes.--From the amount reserved under subsection (m)(2) for a fiscal year, the Secretary shall allot to each Indian tribe that meets the requirement of subsection (d), if applicable, for the fiscal year the amount that bears the same ratio to the amount so reserved as the number of children in the Indian tribe whose families have income that does not exceed 200 percent of the poverty line bears to the total number of children in such Indian tribes whose families have income that does not exceed 200 percent of the poverty line. ``(2) States and territories.--From the amount appropriated under subsection (n) for a fiscal year that remains after making the reservations required by subsection (m), the Secretary shall allot to each State that is not an Indian tribe and that meets the requirement of subsection (d), if applicable, for the fiscal year the amount that bears the same ratio to the remainder of the amount so appropriated as the number of children in the State whose families have income that does not exceed 200 percent of the poverty line bears to the total number of children in such States whose families have income that does not exceed 200 percent of the poverty line. ``(3) Reallotments.--The amount of any allotment to a State under a paragraph of this subsection for any fiscal year that the State certifies to the Secretary will not be expended by the State pursuant to this section shall be available for reallotment using the allotment methodology specified in that paragraph. Any amount so reallotted to a State is deemed part of the allotment of the State under this subsection. ``(d) Maintenance of Effort.--Beginning with fiscal year 2011, a State meets the requirement of this subsection for a fiscal year if the Secretary finds that the aggregate expenditures by the State for quality programs of home visitation for families with young children and families expecting children for the then preceding fiscal year was not less than 100 percent of such aggregate expenditures for the then 2nd preceding fiscal year. ``(e) Payment of Grant.-- ``(1) In general.--The Secretary shall make a grant to each State that meets the requirements of subsections (b) and (d), if applicable, for a fiscal year for which funds are appropriated under subsection (n), in an amount equal to the lesser of-- ``(A) the reimbursable percentage of the eligible expenditures of the State for the fiscal year; or ``(B) the amount allotted to the State under subsection (c) for the fiscal year. ``(2) Reimbursable percentage defined.--In paragraph (1), the term `reimbursable percentage' means, with respect to a fiscal year-- ``(A) 85 percent, in the case of fiscal year 2010; ``(B) 80 percent, in the case of fiscal year 2011; or ``(C) 75 percent, in the case of fiscal year 2012 and any succeeding fiscal year. ``(f) Eligible Expenditures.-- ``(1) In general.--In this section, the term `eligible expenditures'-- ``(A) means expenditures to provide voluntary home visitation for as many families with young children and families expecting children as practicable, through the implementation or expansion of high quality programs that-- ``(i) adhere to clear evidence-based models of home visitation that have demonstrated significant positive effects on important program-determined child and parenting outcomes, such as reducing abuse and neglect and improving child health and development; ``(ii) employ well-trained and competent staff, maintain high quality supervision, and show strong organizational capacity to implement such a program; and ``(iii) establish appropriate linkages and referrals to other community resources and supports; and ``(B) includes expenditures for training, technical assistance, and evaluations related to the programs. ``(2) Priority funding for programs with strongest evidence.-- ``(A) In general.--The expenditures, described in paragraph (1), of a State for a fiscal year that are attributable to the cost of programs that do not adhere to a model of home visitation with the strongest evidence of effectiveness shall not be considered eligible expenditures for the fiscal year to the extent that the total of the expenditures exceeds the applicable percentage for the fiscal year of the allotment of the State under subsection (c) for the fiscal year. ``(B) Applicable percentage defined.--In subparagraph (A), the term `applicable percentage' means, with respect to a fiscal year-- ``(i) 60 percent for fiscal year 2010; ``(ii) 55 percent for fiscal year 2011; ``(iii) 50 percent for fiscal year 2012; ``(iv) 45 percent for fiscal year 2013; or ``(v) 40 percent for fiscal year 2014. ``(g) No Use of Other Federal Funds for State Match.--A State to which a grant is made under this section may not expend any Federal funds to meet the State share of the cost of an eligible expenditure for which the State receives a payment under this section. ``(h) Waiver Authority.-- ``(1) In general.--The Secretary may waive or modify the application of any provision of this section, other than subsection (b) or (f), to an Indian tribe if the failure to do so would impose an undue burden on the Indian tribe. ``(2) Special rule.--An Indian tribe is deemed to meet the requirement of subsection (d) for purposes of subsections (c) and (e) if-- ``(A) the Secretary waives the requirement; or ``(B) the Secretary modifies the requirement, and the Indian tribe meets the modified requirement. ``(i) State Reports.--Each State to which a grant is made under this section shall submit to the Secretary an annual report on the progress made by the State in addressing the purposes of this section. Each such report shall include a description of-- ``(1) the services delivered by the programs that received funds from the grant; ``(2) the characteristics of each such program, including information on the service model used by the program and the performance of the program; ``(3) the characteristics of the providers of services through the program, including staff qualifications, work experience, and demographic characteristics; ``(4) the characteristics of the recipients of services provided through the program, including the number of the recipients, the demographic characteristics of the recipients, and family retention; ``(5) the annual cost of implementing the program, including the cost per family served under the program; ``(6) the outcomes experienced by recipients of services through the program; ``(7) the training and technical assistance provided to aid implementation of the program, and how the training and technical assistance contributed to the outcomes achieved through the program; and ``(8) the indicators and methods used to monitor whether the program is being implemented as designed. ``(j) Evaluation.-- ``(1) In general.--The Secretary shall, by grant or contract, provide for the conduct of an independent evaluation of the effectiveness of home visitation programs receiving funds provided under this section, which shall examine the following: ``(A) The effect of home visitation programs on child and parent outcomes, including child maltreatment, child health and development, school readiness, and links to community services. ``(B) The effectiveness of home visitation programs on different populations, including the extent to which the ability of programs to improve outcomes varies across programs and populations. ``(2) Reports to the congress.-- ``(A) Interim report.--Within 2 years after the date of the enactment of this section, the Secretary shall submit to the Congress an interim report on the evaluation conducted pursuant to paragraph (1). ``(B) Final report.--Within 4 years after the date of the enactment of this section, the Secretary shall submit to the Congress a final report on the evaluation conducted pursuant to paragraph (1). ``(k) Annual Reports to the Congress.--The Secretary shall submit annually to the Congress a report on the activities carried out using funds made available under this section, which shall include a description of the following: ``(1) The high need communities targeted by States for programs carried out under this section. ``(2) The service delivery models used in the programs receiving funds provided under this section. ``(3) The characteristics of the programs, including-- ``(A) the qualifications and demographic characteristics of program staff; and ``(B) recipient characteristics including the number of families served, the demographic characteristics of the families served, and family retention and duration of services. ``(4) The outcomes reported by the programs. ``(5) The research-based instruction, materials, and activities being used in the activities funded under the grant. ``(6) The training and technical activities, including on- going professional development, provided to the programs. ``(7) The annual costs of implementing the programs, including the cost per family served under the programs. ``(8) The indicators and methods used by States to monitor whether the programs are being been implemented as designed. ``(l) Reservations of Funds.--From the amounts appropriated for a fiscal year under subsection (m), the Secretary shall reserve-- ``(1) $10,000,000 to pay the cost of the evaluation provided for in subsection (k), and the provision to States of training and technical assistance, including the dissemination of best practices in early childhood home visitation; and ``(2) after making the reservation required by paragraph (1), an amount equal to 3 percent of the amount so appropriated, to pay for grants to Indian tribes under this section. ``(m) Appropriations.--Out of any money in the Treasury of the United States not otherwise appropriated, there is appropriated to the Secretary to carry out this section-- ``(1) $100,000,000 for fiscal year 2010; ``(2) $250,000,000 for fiscal year 2011; ``(3) $400,000,000 for fiscal year 2012; ``(4) $550,000,000 for fiscal year 2013; and ``(5) $700,000,000 for fiscal year 2014. ``(n) Indian Tribes Treated as States.--In this section, paragraphs (4), (5), and (6) of section 431(a) shall apply.''. | Early Support for Families Act - Amends part B (Child and Family Services) of title IV of the Social Security Act to authorize grants to states for quality home visitation programs for families with young children and families expecting children. Specifies the use of grants for high quality programs with well-trained and competent staff that adhere to clear evidence-based models of home visitation that have demonstrated significant positive effects on important program-determined child and parenting outcomes, such as reducing abuse and neglect and improving child health and development. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Pine Springs Land Exchange Act''. SEC. 2. LAND EXCHANGE, LINCOLN NATIONAL FOREST, NEW MEXICO. (a) Definitions.--In this section: (1) Federal land.--The term ``Federal land'' means the three parcels of land, and any improvements thereon, comprising approximately 80 acres in the Lincoln National Forest, New Mexico, as depicted on the map entitled ``Pine Springs Land Exchange'' and dated May 25, 2004, and more particularly described as S1/2SE1/4NW1/4, SW1/4SW1/4, W1/2E1/2NW1/4SW1/4, and E1/2W1/2NW1/4SW1/4 of section 32 of township 17 south, range 13 east, New Mexico Principal Meridian. (2) Non-federal land.--The term ``non-Federal land'' means the parcel of land owned by Lubbock Christian University comprising approximately 80 acres, as depicted on the map referred to in paragraph (1) and more particularly described as N1/2NW1/4 of section 24 of township 17 south, range 12 east, New Mexico Principal Meridian. (b) Land Exchange Required.-- (1) Exchange.--In exchange for the conveyance of the non- Federal land by Lubbock Christian University, the Secretary of Agriculture shall convey to Lubbock Christian University, by quit-claim deed, all right, title, and interest of the United States in and to the Federal land. The conveyance of the Federal land shall be subject to valid existing rights and such additional terms and conditions as the Secretary considers appropriate to protect the interests of the United States. To the extent practicable, and subject to paragraph (2), the Secretary shall complete the land exchange not later than one year after the date of the enactment of this Act. (2) Acceptable title.--Title to the non-Federal land shall conform with the title approval standards of the Attorney General applicable to Federal land acquisitions and shall otherwise be acceptable to the Secretary. (3) Costs of implementing the exchange.--The costs of implementing the land exchange shall be shared equally by the Secretary and Lubbock Christian University. (c) Treatment of Map and Legal Descriptions.--The Secretary and Lubbock Christian University may correct any minor error in the map referred to in subsection (a)(1) or the legal descriptions of the Federal land and non-Federal land. In the event of a discrepancy between the map and legal descriptions, the map shall prevail unless the Secretary and Lubbock Christian University otherwise agree. The map shall be on file and available for inspection in the Office of the Chief of the Forest Service and the Office of the Supervisor of Lincoln National Forest. (d) Equal Value Exchanges.--The fair market values of the Federal land and non-Federal land exchanged under subsection (b) shall be equal or, if they are not equal, shall be equalized in the manner provided in section 206 of the Federal Land Policy Management Act of 1976 (43 U.S.C. 1716). The fair market value of the land shall be determined by appraisals acceptable to the Secretary and Lubbock Christian University. The appraisals shall be performed in conformance with subsection (d) of such section and the Uniform Appraisal Standards for Federal Land Acquisitions. (e) Revocation and Withdrawal.-- (1) Revocation of orders.--Any public orders withdrawing any of the Federal land from appropriation or disposal under the public land laws are revoked to the extent necessary to permit disposal of the Federal land. (2) Withdrawal of federal land.--Subject to valid existing rights, pending the completion of the land exchange, the Federal land is withdrawn from all forms of location, entry and patent under the public land laws, including the mining and mineral leasing laws and the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.). (f) Administration of Land Acquired by United States.-- (1) Boundary adjustment.--Upon acceptance of title by the Secretary of the non-Federal land, the acquired land shall become part of the Lincoln National Forest, and the boundaries of the Lincoln National Forest shall be adjusted to include the land. For purposes of section 7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9), the boundaries of the Lincoln National Forest, as adjusted pursuant to this paragraph, shall be considered to be boundaries of the Lincoln National Forest as of January 1, 1965. (2) Management.--The Secretary shall manage the acquired land in accordance with the Act of March 1, 1911 (commonly known as the Weeks Act; 16 U.S.C. 480, 500, 513-519, 521, 552, 563), and in accordance with the other laws and regulations applicable to National Forest System lands. (g) Relation to Other Laws.--Subchapters II and III of chapter 5 of title 40, United States Code, and the Agriculture Property Management Regulations shall not apply to any action taken pursuant to this section. Passed the House of Representatives September 22, 2004. Attest: JEFF TRANDAHL, Clerk. | Pine Springs Land Exchange Act - Directs the Secretary of Agriculture to convey to Lubbock Christian University by quitclaim deed all right of the United States to specified Federal lands in the Lincoln National Forest, New Mexico, in exchange for the conveyance of certain non-Federal land owned by the University. Requires that: (1) title to the non-Federal land conform with the title approval standards of the Attorney General applicable to Federal land acquisitions and be otherwise acceptable to the Secretary; and (2) the costs of implementing the exchange be shared equally by the Secretary and the University. Sets forth provisions regarding: (1) the correction of minor errors in the map and legal descriptions; (2) equalization of values; (3) revocation and withdrawal of Federal land; and (4) administration of land acquired by the United States. |
SECTION 1. NET METERING. (a) Adoption of Standard.--Section 111(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) is amended by adding at the end the following: ``(11) Net metering.-- ``(A) In general.--On the request of any electric consumer served by an electric utility, the electric utility shall make available to the electric consumer net metering as provided in section 115(i). ``(B) Consideration by state regulatory authorities.--Notwithstanding subsections (b) and (c) of section 112, not later than 1 year after the date of enactment of this paragraph, a State regulatory authority may consider and make a determination concerning whether it is in the public interest to decline to implement subparagraph (A) in the State. ``(C) Incentives.--Nothing in this paragraph precludes a State from establishing incentives to encourage on-site generating facilities and net metering in addition to the requirement under this subsection. ``(D) Reports.--Not later than 1 year after the date of enactment of this paragraph and annually thereafter, the Secretary shall submit to Congress a report that-- ``(i) describes the status of implementation by the States of subparagraph (A); ``(ii) contains a list of pre-approved systems and equipment eligible for uniform interconnection treatment; and ``(iii) describes the public benefits that have been derived from net metering and interconnection standards.''. (b) Special Rules for Net Metering.--Section 115 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2625) is amended by adding at the end the following: ``(i) Net Metering.-- ``(1) Definitions.--In this subsection: ``(A) Eligible on-site generating facility.--The term `eligible on-site generating facility' means-- ``(i) a facility on the site of a residential electric consumer with a maximum generating capacity of 25 kilowatts or less that is fueled by solar energy, wind energy, or fuel cells; and ``(ii) a facility on the site of a commercial electric consumer with a maximum generating capacity of 1000 kilowatts or less that is fueled solely by a renewable energy resource, landfill gas, or a high-efficiency system. ``(B) High efficiency system.--The term `high efficiency system' means a system that is comprised of-- ``(i) fuel cells; or ``(ii) combined heat and power. ``(C) Net metering service.--The term `net metering service' means service to an electric consumer, as provided in section 111(d)(11), under which electric energy generated by that electric consumer from an eligible on-site generating facility and delivered to the local distribution facilities may be used to offset electric energy provided by the electric utility to the electric consumer during the applicable billing period. ``(D) Renewable energy resource.--The term `renewable energy resource' means solar, wind, biomass, micro-freeflow-hydro, or geothermal energy. ``(2) Net metering service.--For the purposes of undertaking the consideration and making the determination with respect to the standard concerning net metering established by section 111(d)(11), the term `net metering service' means a service provided in accordance with this subsection. ``(3) Charges by an electric utility.--An electric utility-- ``(A) shall charge the owner or operator of an on- site generating facility rates and charges that are identical to those that would be charged other electric consumers of the electric utility in the same rate class; and ``(B) shall not charge the owner or operator of an on-site generating facility any additional standby, capacity, interconnection, or other rate or charge. ``(4) Measurement of quantities.--An electric utility that sells electric energy to the owner or operator of an on-site generating facility shall measure the quantity of electric energy produced by the on-site facility and the quantity of electric energy consumed by the owner or operator of an on-site generating facility during a billing period with a single bi- directional meter or otherwise in accordance with reasonable metering practices. ``(5) Quantity sold in excess of quantity supplied.--If the quantity of electric energy sold by the electric utility to an on-site generating facility exceeds the quantity of electric energy supplied by the on-site generating facility to the electric utility during the billing period, the electric utility may bill the owner or operator for the net quantity of electric energy sold, in accordance with reasonable metering practices. ``(6) Quantity supplied in excess of quantity sold.--If the quantity of electric energy supplied by the on-site generating facility to the electric utility exceeds the quantity of electric energy sold by the electric utility to the on-site generating facility during the billing period-- ``(A) the electric utility may bill the owner or operator of the on-site generating facility for the appropriate charges for the billing period in accordance with paragraph (5); and ``(B) the owner or operator of the on-site generating facility shall be credited for the excess kilowatt-hours generated during the billing period with-- ``(i) a kilowatt-hour credit appearing on the bill for the following billing period; or ``(ii) a cash refund. ``(7) Compliance with standards.--An eligible on-site generating facility and net metering system used by an electric consumer shall meet all applicable safety, performance, reliability, and interconnection standards established by the National Electrical Code, the Institute of Electrical and Electronics Engineers, and Underwriters Laboratories. ``(8) Requirements.--The Commission, after consideration of all applicable safety, performance, reliability, and interconnection standards established by the National Electrical Code, the Institute of Electrical and Electronics Engineers, and Underwriters Laboratories, and consultation with State regulatory authorities and unregulated electric utilities, and after notice and opportunity for comment, shall promulgate additional control, testing, and interconnection requirements for on-site generating facilities and net metering systems that the Commission determines are necessary to protect public safety and system reliability.''. | Amends the Public Utility Regulatory Policies Act of 1978 to require each electric utility to make net metering service available upon consumer request. Permits a State regulatory authority, one year after enactment of this Act, to determine whether it is in the public interest to decline to implement such requirement. Permits a State to establish incentives to encourage on-site generating facilities and net metering in addition to the requirements of this Act. Requires an electric utility to charge the owner or operator of an on-site generating facility rates that are identical to those charged to its other electric consumers in the same rate class. Bars such utility from charging the owner or operator of an on-site generating facility any additional standby, capacity, interconnection, or other charges. Prescribes guidelines for: (1) electric energy sales to the owner or operator of an on-site generating facility; and (2) measurements of electric energy consumed. Directs the Federal Energy Regulatory Commission to promulgate additional control, testing, and interconnection requirements for on-site generating facilities and net metering systems deemed necessary to protect public safety and system reliability. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Employee Verification Amendment Act of 2008''. SEC. 2. EXTENSION OF PROGRAMS. Section 401(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended by striking ``11-year period'' and inserting ``16-year period''. SEC. 3. PROTECTION OF SOCIAL SECURITY ADMINISTRATION PROGRAMS. (a) Funding Under Agreement.--Effective for fiscal years beginning on or after October 1, 2008, the Commissioner of Social Security and the Secretary of Homeland Security shall enter into and maintain an agreement which shall-- (1) provide funds to the Commissioner for the full costs of the responsibilities of the Commissioner under section 404 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), including (but not limited to)-- (A) acquiring, installing, and maintaining technological equipment and systems necessary for the fulfillment of the responsibilities of the Commissioner under such section 404, but only that portion of such costs that are attributable exclusively to such responsibilities; and (B) responding to individuals who contest a tentative nonconfirmation provided by the basic pilot confirmation system established under such section; (2) provide such funds quarterly in advance of the applicable quarter based on estimating methodology agreed to by the Commissioner and the Secretary (except in such instances where the delayed enactment of an annual appropriation may preclude such quarterly payments); and (3) require an annual accounting and reconciliation of the actual costs incurred and the funds provided under the agreement, which shall be reviewed by the Office of Inspector General of the Social Security Administration and the Department of Homeland Security. (b) Continuation of Employment Verification in Absence of Timely Agreement.--In any case in which the agreement required under subsection (a) for any fiscal year beginning on or after October 1, 2008, has not been reached as of October 1 of such fiscal year, the latest agreement between the Commissioner and the Secretary of Homeland Security providing for funding to cover the costs of the responsibilities of the Commissioner under section 404 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) shall be deemed in effect on an interim basis for such fiscal year until such time as an agreement required under subsection (a) is subsequently reached, except that the terms of such interim agreement shall be modified by the Director of the Office of Management and Budget to adjust for inflation and any increase or decrease in the volume of requests under the basic pilot confirmation system. In any case in which an interim agreement applies for any fiscal year under this subsection, the Commissioner and the Secretary shall, not later than October 1 of such fiscal year, notify the Committee on Ways and Means, the Committee on the Judiciary, and the Committee on Appropriations of the House of Representatives and the Committee on Finance, the Committee on the Judiciary, and the Committee on Appropriations of the Senate of the failure to reach the agreement required under subsection (a) for such fiscal year. Until such time as the agreement required under subsection (a) has been reached for such fiscal year, the Commissioner and the Secretary shall, not later than the end of each 90-day period after October 1 of such fiscal year, notify such Committees of the status of negotiations between the Commissioner and the Secretary in order to reach such an agreement. SEC. 4. GAO STUDY OF BASIC PILOT CONFIRMATION SYSTEM. (a) In General.--As soon as practicable after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study regarding erroneous tentative nonconfirmations under the basic pilot confirmation system established under section 404(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note). (b) Matters To Be Studied.--In the study required under subsection (a), the Comptroller General shall determine and analyze-- (1) the causes of erroneous tentative nonconfirmations under the basic pilot confirmation system; (2) the processes by which such erroneous tentative nonconfirmations are remedied; and (3) the effect of such erroneous tentative nonconfirmations on individuals, employers, and Federal agencies. (c) Report.--Not later than 2 years after the date of the enactment of this Act, the Comptroller General shall submit the results of the study required under subsection (a) to the Committee on Ways and Means and the Committee on the Judiciary of the House of Representatives and the Committee on Finance and the Committee on the Judiciary of the Senate. SEC. 5. GAO STUDY OF EFFECTS OF BASIC PILOT PROGRAM ON SMALL ENTITIES. (a) In General.--Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committees on the Judiciary of the United States House of Representatives and the Senate a report containing the Comptroller General's analysis of the effects of the basic pilot program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) on small entities (as defined in section 601 of title 5, United States Code). The report shall detail-- (1) the costs of compliance with such program on small entities; (2) a description and an estimate of the number of small entities enrolled and participating in such program or an explanation of why no such estimate is available; (3) the projected reporting, recordkeeping and other compliance requirements of such program on small entities; (4) factors that impact small entities' enrollment and participation in such program, including access to appropriate technology, geography, entity size, and class of entity; and (5) the steps, if any, the Secretary of Homeland Security has taken to minimize the economic impact of participating in such program on small entities. (b) Direct and Indirect Effects.--The report shall cover, and treat separately, direct effects (such as wages, time, and fees spent on compliance) and indirect effects (such as the effect on cash flow, sales, and competitiveness). (c) Specific Contents.--The report shall provide specific and separate details with respect to-- (1) small businesses (as defined in section 601 of title 5, United States Code) with fewer than 50 employees; and (2) small entities operating in States that have mandated use of the basic pilot program. Passed the House of Representatives July 31, 2008. Attest: LORRAINE C. MILLER, Clerk. | Employee Verification Amendment Act of 2008 - Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to extend the employment eligibility confirmation pilot programs (which includes the E-Verify basic pilot program). Directs the Commissioner of Social Security and the Secretary of Homeland Security to enter into a fiscal year agreement which shall: (1) provide funds to the Commissioner for such programs' full costs in quarterly advances; and (2) require an annual accounting and reconciliation of costs incurred and funds provided. Provides for funding continuation in the absence of an agreement. Requires that the Government Accountability Office (GAO) conduct studies regarding: (1) erroneous tentative nonconfirmations under the E-Verify program; and (2) such program's effects on small entities. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Gas Price Reduction Act of 2006''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--TEMPORARY REDUCTION IN HIGHWAY FUEL TAX RATE Sec. 101. Reduction in highway fuel tax and maintenance of Highway Trust Fund. Sec. 102. Floor stock refunds. Sec. 103. Floor stocks tax. Sec. 104. Benefits of tax reduction should be passed on to consumers. TITLE II--SUSPENSION OF ROYALTY RELIEF Sec. 201. Suspension of royalty relief. TITLE III--SUSPENSION OF CERTAIN ENERGY PRODUCTION TAX INCENTIVES Sec. 301. Suspension of deduction for development expenditures. Sec. 302. Suspension of deduction for certain mining exploration expenditures. Sec. 303. Suspension of deduction for intangible drilling and development costs. Sec. 304. Suspension of credit for producing fuel from a nonconventional source. TITLE I--TEMPORARY REDUCTION IN HIGHWAY FUEL TAX RATE SEC. 101. REDUCTION IN HIGHWAY FUEL TAX AND MAINTENANCE OF HIGHWAY TRUST FUND. (a) In General.--Section 4081 of the Internal Revenue Code of 1986 (relating to imposition of tax on gasoline, diesel fuel, and kerosene) is amended by adding at the end the following new subsection: ``(f) Temporary Reduction in Taxes on Gasoline, Diesel Fuel, and Kerosene.-- ``(1) In general.--During the applicable period, each rate of tax referred to in paragraph (2) shall be reduced to zero cents per gallon. ``(2) Rates of tax.--The rates of tax referred to in this paragraph are the rates of tax otherwise applicable under-- ``(A) clause (i) and (iii) of subsection (a)(2)(A) (relating to gasoline, diesel fuel, and kerosene), determined without regard to subparagraph (B) or (C) of subsection (a)(2), and ``(B) paragraph (1) of section 4041(a) (relating to diesel fuel) with respect to fuel sold for use or used in a diesel-powered highway vehicle. ``(3) Applicable period.--For purposes of this subsection, the term `applicable period' means the period beginning after the date of the enactment of the Gas Price Reduction Act of 2006, and ending before October 1, 2006. ``(4) Maintenance of trust fund deposits.--In determining the amounts to be appropriated to the Highway Trust Fund under section 9503, an amount equal to the reduction in revenues to the Treasury by reason of this subsection shall be treated as taxes received in the Treasury under this section.''. (b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act. SEC. 102. FLOOR STOCK REFUNDS. (a) In General.--If-- (1) before a tax reduction date, a tax referred to in section 4081(f)(2) of the Internal Revenue Code of 1986 has been imposed on any liquid, and (2) on such date such liquid is held by a dealer and has not been used and is intended for sale, there shall be credited (without interest) to the person who paid such tax (hereafter in this section referred to as the ``taxpayer''), against the taxpayer's subsequent semi-monthly deposit of such tax, an amount equal to the excess of the tax paid by the taxpayer over the amount of such tax which would be imposed on such liquid had the taxable event occurred on the tax reduction date. (b) Certification Necessary to File Claim for Credit.-- (1) In general.--In any case where liquid is held by a dealer (other than the taxpayer) on the tax reduction date, no credit amount with respect to such liquid shall be allowed to the taxpayer under subsection (a) unless the taxpayer files with the Secretary-- (A) a certification that the taxpayer has given a credit to such dealer with respect to such liquid against the dealer's first purchase of liquid from the taxpayer subsequent to the tax reduction date, and (B) a certification by such dealer that such dealer has given a credit to a succeeding dealer (if any) with respect to such liquid against the succeeding dealer's first purchase of liquid from such dealer subsequent to the tax reduction date. (2) Reasonableness of claims certified.--Any certification made under paragraph (1) shall include an additional certification that the claim for credit was reasonable based on the taxpayer's or dealer's past business relationship with the succeeding dealer. (c) Exception for Fuel Held in Retail Stocks.--No credit or refund shall be allowed under this section with respect to any liquid in retail stocks held at the place where intended to be sold at retail. (d) Definitions.--For purposes of this section-- (1) the terms ``dealer'' and ``held by a dealer'' have the respective meanings given to such terms by section 6412 of such Code; except that the term ``dealer'' includes a producer, and (2) the term ``tax reduction date'' means the day after the date of the enactment of this Act. (e) Certain Rules to Apply.--Rules similar to the rules of subsections (b) and (c) of section 6412 of such Code shall apply for purposes of this section. SEC. 103. FLOOR STOCKS TAX. (a) Imposition of Tax.--In the case of any liquid on which tax would have been imposed under section 4081 of the Internal Revenue Code of 1986 during the applicable period but for the amendments made by this title, and which is held on the floor stocks tax date by any person, there is hereby imposed a floor stocks tax in an amount equal to the tax which would be imposed on such liquid had the taxable event occurred on the floor stocks tax date. (b) Liability for Tax and Method of Payment.-- (1) Liability for tax.--A person holding a liquid on the floor stocks tax date to which the tax imposed by subsection (a) applies shall be liable for such tax. (2) Method of payment.--The tax imposed by subsection (a) shall be paid in such manner as the Secretary shall prescribe. (3) Time for payment.--The tax imposed by subsection (a) shall be paid on or before the date which is 6 months after the floor stocks tax date. (c) Definitions.--For purposes of this section-- (1) Held by a person.--A liquid shall be considered as ``held by a person'' if title thereto has passed to such person (whether or not delivery to the person has been made). (2) Gasoline, diesel fuel, and aviation fuel.--The terms ``gasoline'' and ``diesel fuel'' have the respective meanings given such terms by sections 4083 of such Code. (3) Floor stocks tax date.--The term ``floor stocks tax date'' means October 1, 2006. (4) Applicable period.--The term ``applicable period'' has the meaning given such term by section 4081(f)(3) of such Code. (5) Secretary.--The term ``Secretary'' means the Secretary of the Treasury or the Secretary's delegate. (d) Exception for Exempt Uses.--The tax imposed by subsection (a) shall not apply to gasoline, diesel fuel, kerosene, or aviation fuel held by any person exclusively for any use to the extent a credit or refund of the tax imposed by section 4081 of such Code is allowable for such use. (e) Exception for Fuel Held in Vehicle Tank.--No tax shall be imposed by subsection (a) on gasoline, diesel fuel, or kerosene held in the tank of a motor vehicle. (f) Exception for Certain Amounts of Fuel.-- (1) In general.--No tax shall be imposed by subsection (a)-- (A) on gasoline held on the floor stocks tax date by any person if the aggregate amount of gasoline held by such person on such date does not exceed 4,000 gallons, and (B) on diesel fuel or kerosene held on such date by any person if the aggregate amount of diesel fuel or kerosene held by such person on such date does not exceed 2,000 gallons. The preceding sentence shall apply only if such person submits to the Secretary (at the time and in the manner required by the Secretary) such information as the Secretary shall require for purposes of this subsection. (2) Exempt fuel.--For purposes of paragraph (1), there shall not be taken into account fuel held by any person which is exempt from the tax imposed by subsection (a) by reason of subsection (d) or (e). (3) Controlled groups.--For purposes of this subsection-- (A) Corporations.-- (i) In general.--All persons treated as a controlled group shall be treated as 1 person. (ii) Controlled group.--The term ``controlled group'' has the meaning given to such term by subsection (a) of section 1563 of such Code; except that for such purposes the phrase ``more than 50 percent'' shall be substituted for the phrase ``at least 80 percent'' each place it appears in such subsection. (B) Nonincorporated persons under common control.-- Under regulations prescribed by the Secretary, principles similar to the principles of this subparagraph shall apply to a group of persons under common control where 1 or more of such persons is not a corporation. (g) Other Law Applicable.--All provisions of law, including penalties, applicable with respect to the taxes imposed by section 4081 of such Code shall, insofar as applicable and not inconsistent with the provisions of this section, apply with respect to the floor stock taxes imposed by subsection (a) to the same extent as if such taxes were imposed by such section 4081. SEC. 104. BENEFITS OF TAX REDUCTION SHOULD BE PASSED ON TO CONSUMERS. (a) Passthrough to Consumers.-- (1) Sense of congress.--It is the sense of Congress that-- (A) consumers immediately receive the benefit of the reduction in taxes under this title, and (B) transportation motor fuels producers and other dealers take such actions as necessary to reduce transportation motor fuels prices to reflect such reduction, including immediate credits to customer accounts representing tax refunds allowed as credits against excise tax deposit payments under the floor stocks refund provisions of this title. (2) Study.-- (A) In general.--The Comptroller General of the United States and the Attorney General of the United States shall conduct a study of the reduction of taxes under this title to determine whether there has been a passthrough of such reduction. (B) Report.--Not later than June 30, 2006, the Comptroller General of the United States and the Attorney General of the United States shall report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives the results of the study conducted under subparagraph (A). TITLE II--SUSPENSION OF ROYALTY RELIEF SEC. 201. SUSPENSION OF ROYALTY RELIEF. (a) New Leases.-- (1) Requirement.--The Secretary of the Interior (referred to in this title as the ``Secretary'') shall suspend the application of any provision of Federal law under which a person would otherwise be provided relief from a requirement to pay a royalty for the production of oil or natural gas from Federal land (including submerged land) occurring on or after the date of enactment of this Act during a period in which-- (A) for the production of oil, the average price of crude oil in the United States during the 4-week period immediately preceding the suspension is greater than $50.00 per barrel; and (B) for the production of natural gas, the average wellhead price of natural gas in the United States during the 4-week period immediately preceding the suspension is greater than $6.25 per 1,000 cubic feet. (2) Determination of average prices.--For purposes of paragraph (1), the Secretary shall determine average prices, taking into consideration the most recent data reported by the Energy Information Administration. (b) Renegotiation of Existing Leases.-- (1) Requirement.--The Secretary shall, to the maximum extent practicable, renegotiate each lease authorizing production of oil or natural gas on Federal land (including submerged land) issued by the Secretary before the date of the enactment of this Act as the Secretary determines to be necessary to modify the terms of the lease to ensure that a suspension of a requirement to pay royalties under the lease does not apply to production described in subsection (a)(1). (2) Failure to renegotiate and modify.-- (A) In general.--Beginning on the date that is 1 year after the date of enactment of this Act, a lessee that does not renegotiate a lease described in paragraph (1) in accordance with that paragraph shall not be eligible to enter into a new lease authorizing production of oil or natural gas on Federal land (including submerged land). (B) Transfers.--A lessee shall not be eligible to obtain by sale or other transfer any lease described in paragraph (1) issued before the date of enactment of this Act, unless the lessee-- (i) renegotiates the lease; and (ii) enters into an agreement with the Secretary to modify the terms of the lease in accordance with paragraph (1). TITLE III--SUSPENSION OF CERTAIN ENERGY PRODUCTION TAX INCENTIVES SEC. 301. SUSPENSION OF DEDUCTION FOR DEVELOPMENT EXPENDITURES. Section 616 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(f) Nonapplication of Section.--This section shall not apply with respect to any expenditure paid or incurred during the period beginning on the date of the enactment of this subsection and ending on the date on which aggregate revenues resulting from the provisions of, and amendments made by, sections 201 through 304 of the Gas Price Reduction Act of 2006 are estimated by the Secretary to equal the aggregate appropriations made to the Highway Trust Fund by reason of section 9503(f)(4).''. SEC. 302. SUSPENSION OF DEDUCTION FOR CERTAIN MINING EXPLORATION EXPENDITURES. Section 617 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(j) Nonapplication of Section.--This section shall not apply with respect to any expenditure paid or incurred during the period beginning on the date of the enactment of this subsection and ending on the date on which aggregate revenues resulting from the provisions of, and amendments made by, sections 201 through 304 of the Gas Price Reduction Act of 2006 are estimated by the Secretary to equal the aggregate appropriations made to the Highway Trust Fund by reason of section 9503(f)(4).''. SEC. 303. SUSPENSION OF DEDUCTION FOR INTANGIBLE DRILLING AND DEVELOPMENT COSTS. Section 263(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: ``This section shall not apply with respect to any costs paid or incurred during the period beginning on the date of the enactment of this sentence and ending on the date on which aggregate revenues resulting from the provisions of, and amendments made by, sections 201 through 304 of the Gas Price Reduction Act of 2006 are estimated by the Secretary to equal the aggregate appropriations made to the Highway Trust Fund by reason of section 9503(f)(4).''. SEC. 304. SUSPENSION OF CREDIT FOR PRODUCING FUEL FROM A NONCONVENTIONAL SOURCE. Section 45K of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(h) Nonapplication of Section.--This section shall not apply with respect to any fuel sold during the period beginning on the date of the enactment of this subsection and ending on the date on which aggregate revenues resulting from the provisions of, and amendments made by, sections 201 through 304 of the Gas Price Reduction Act of 2006 are estimated by the Secretary to equal the aggregate appropriations made to the Highway Trust Fund by reason of section 9503(f)(4).''. | Gas Price Reduction Act of 2006 - Amends the Internal Revenue Code to suspend the excise tax on gasoline, diesel fuel, and kerosene from enactment of this Act until October 1, 2006 (suspension period). Requires reimbursement to the Highway Trust Funds for revenues lost during the suspension period. Expresses the sense of Congress that consumers should immediately benefit from the tax reductions under this Act. Directs the Secretary of the Interior to: (1) suspend exemptions from payment of oil and natural gas royalties under federal leases (royalty relief) during any four-week period in which the average price of crude oil exceeds $50.00 per barrel and the average wellhead price of natural gas exceeds $6.25 per 1,000 cubic feet; and (2) renegotiate such leases to provide for a suspension of royalty relief when crude oil and natural gas prices exceed a certain level. Suspends provisions of the Internal Revenue Code granting tax deductions for oil and gas development, mining exploration, and intangible drilling and development expenditures and a tax credit for producing fuel from nonconventional sources until the Highway Trust Fund has been reimbursed for revenues lost during the suspension period. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Criminal Antitrust Anti-Retaliation Act of 2015''. SEC. 2. AMENDMENT TO ACPERA. The Antitrust Criminal Penalty Enhancement and Reform Act of 2004 (Public Law 108-237; 15 U.S.C. 1 note) is amended by inserting after section 215 the following: ``SEC. 216. ANTI-RETALIATION PROTECTION FOR WHISTLEBLOWERS. ``(a) Whistleblower Protections for Employees, Contractors, Subcontractors, and Agents.-- ``(1) In general.--No employer may discharge, demote, suspend, threaten, harass, or in any other manner discriminate against a covered individual in the terms and conditions of employment of the covered individual because of any lawful act done by the covered individual-- ``(A) to provide or cause to be provided to the employer or the Federal Government information relating to-- ``(i) any violation of, or any act or omission the covered individual reasonably believes to be a violation of, the antitrust laws; or ``(ii) any violation of, or any act or omission the covered individual reasonably believes to be a violation of, another criminal law committed in conjunction with a potential violation of the antitrust laws or in conjunction with an investigation by the Department of Justice of a potential violation of the antitrust laws; or ``(B) to cause to be filed, testify in, participate in, or otherwise assist a Federal Government investigation or a Federal Government proceeding filed or about to be filed (with any knowledge of the employer) relating to-- ``(i) any violation of, or any act or omission the covered individual reasonably believes to be a violation of, the antitrust laws; or ``(ii) any violation of, or any act or omission the covered individual reasonably believes to be a violation of, another criminal law committed in conjunction with a potential violation of the antitrust laws or in conjunction with an investigation by the Department of Justice of a potential violation of the antitrust laws. ``(2) Limitation on protections.--Paragraph (1) shall not apply to any covered individual if-- ``(A) the covered individual planned and initiated a violation or attempted violation of the antitrust laws; ``(B) the covered individual planned and initiated a violation or attempted violation of another criminal law in conjunction with a violation or attempted violation of the antitrust laws; or ``(C) the covered individual planned and initiated an obstruction or attempted obstruction of an investigation by the Department of Justice of a violation of the antitrust laws. ``(3) Definitions.--In this section: ``(A) Antitrust laws.--The term `antitrust laws' means section 1 or 3 of the Sherman Act (15 U.S.C. 1 and 3). ``(B) Covered individual.--The term `covered individual' means an employee, contractor, subcontractor, or agent of an employer. ``(C) Employer.--The term `employer' means a person, or any officer, employee, contractor, subcontractor, or agent of such person. ``(D) Federal government.--The term `Federal Government' means-- ``(i) a Federal regulatory or law enforcement agency; or ``(ii) any Member of Congress or committee of Congress. ``(E) Person.--The term `person' has the same meaning as in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)). ``(4) Rule of construction.--The term `violation', with respect to the antitrust laws, shall not be construed to include a civil violation of any law that is not also a criminal violation. ``(b) Enforcement Action.-- ``(1) In general.--A covered individual who alleges discharge or other discrimination by any employer in violation of subsection (a) may seek relief under subsection (c) by-- ``(A) filing a complaint with the Secretary of Labor; or ``(B) if the Secretary of Labor has not issued a final decision within 180 days of the filing of the complaint and there is no showing that such delay is due to the bad faith of the claimant, bringing an action at law or equity for de novo review in the appropriate district court of the United States, which shall have jurisdiction over such an action without regard to the amount in controversy. ``(2) Procedure.-- ``(A) In general.--A complaint filed with the Secretary of Labor under paragraph (1)(A) shall be governed under the rules and procedures set forth in section 42121(b) of title 49, United States Code. ``(B) Exception.--Notification made under section 42121(b)(1) of title 49, United States Code, shall be made to any individual named in the complaint and to the employer. ``(C) Burdens of proof.--A complaint filed with the Secretary of Labor under paragraph (1)(A) shall be governed by the legal burdens of proof set forth in section 42121(b) of title 49, United States Code. ``(D) Statute of limitations.--A complaint under paragraph (1)(A) shall be filed with the Secretary of Labor not later than 180 days after the date on which the violation occurs. ``(E) Civil actions to enforce.--If a person fails to comply with an order or preliminary order issued by the Secretary of Labor pursuant to the procedures set forth in section 42121(b) of title 49, United States Code, the Secretary of Labor or the person on whose behalf the order was issued may bring a civil action to enforce the order in the district court of the United States for the judicial district in which the violation occurred. ``(c) Remedies.-- ``(1) In general.--A covered individual prevailing in any action under subsection (b)(1) shall be entitled to all relief necessary to make the covered individual whole. ``(2) Compensatory damages.--Relief for any action under paragraph (1) shall include-- ``(A) reinstatement with the same seniority status that the covered individual would have had, but for the discrimination; ``(B) the amount of back pay, with interest; and ``(C) compensation for any special damages sustained as a result of the discrimination including litigation costs, expert witness fees, and reasonable attorney's fees. ``(d) Rights Retained by Whistleblowers.--Nothing in this section shall be deemed to diminish the rights, privileges, or remedies of any covered individual under any Federal or State law, or under any collective bargaining agreement.''. Passed the Senate July 22, 2015. Attest: Secretary. 114th CONGRESS 1st Session S. 1599 _______________________________________________________________________ AN ACT To provide anti-retaliation protections for antitrust whistleblowers. | (This measure has not been amended since it was reported to the Senate on July 16, 2015. Criminal Antitrust Anti-Retaliation Act of 2015 (Sec. 2) This bill amends the Antitrust Criminal Penalty Enhancement and Reform Act of 2004 to prohibit an employer from discharging, demoting, suspending, harassing, or in any other manner discriminating against an employee, contractor, subcontractor, or agent of such employer (covered individual) who by a lawful act: (1) provided information to the employer or a federal regulatory or law enforcement agency, or any Member of Congress or congressional committee concerning a violation of antitrust law or of another criminal law committed in conjunction with a potential violation of antitrust law or in conjunction with an antitrust investigation by the Department of Justice; or (2) filed or caused to be filed, testified, participated, or otherwise assisted in a federal investigation or proceeding relating to such a violation. This protection does not extend, however, to any covered individual who planned and initiated such a violation or an obstruction to its investigation. A violation with respect to the antitrust laws shall not be construed to include a civil violation of any law that is not also a criminal violation. A covered individual who alleges discharge or other discrimination by an employer in violation of such prohibition is authorized to seek relief: (1) by filing a complaint with the Department of Labor; or (2) if Labor has not issued a final decision within 180 days of such filing, by bringing an action at law or equity in the appropriate U.S. district court. A covered individual who prevails in any such action is entitled to all relief necessary to make the individual whole, including reinstatement with the same status, back pay plus interest, and compensation for special damages sustained. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Second National Blue Ribbon Commission to Eliminate Waste in Government Act''. SEC. 2. ESTABLISHMENT. There is established a commission known as the Second National Blue Ribbon Commission to Eliminate Waste in Government (in this Act referred to as the ``Commission''). SEC. 3. DUTIES. (a) In General.--It shall be the duty of the Commission-- (1) to conduct a private sector survey on management and cost control in the Federal Government; (2) to conduct in-depth reviews of the operations of the executive agencies; (3) to review existing Government Accounting Office (GAO), Congressional Budget Office (CBO), Inspector General Reports, and other existing governmental and nongovernmental recommendations for reducing waste including recommendations from the President's Private Sector Survey on Cost Control, and, based on this review, to periodically submit a report to the President and Congress a list of such recommendations with estimated savings the Commission determines are most significant and to include in the report a determination of whether the recommendation can be implemented by Executive Order or whether if requires legislative action; and (4) to submit to the President and the Congress recommendations for improving the budget process and management and for reducing waste and costs in the Federal Government. (b) Particular Areas to be Examined.--In fulfilling the duties described in subsection (a), the Commission shall identify and address-- (1) opportunities for increased efficiency and reduced costs in the Federal Government that can be realized by executive action or legislation; (2) areas in the Federal Government where managerial accountability can be enhanced and administrative control can be improved; (3) specific Federal programs that have accomplished their objectives and ought to be terminated; (4) specific Federal program services that could be provided at a lower cost by the private sector; (5) specific reforms of the budget process that would yield savings, increase accountability and efficiency, and enhance public confidence in the budget process; and (6) specific areas in the Federal Government where further study can be justified by potential savings. SEC. 4. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 12 members appointed by the President from among individuals who are not officers or employees of any government and who are especially qualified to serve on the Commission by virtue of their education, training or experience. The majority leader and minority leader of the Senate and the Speaker and minority leader of the House of Representatives may submit recommendations to the President concerning appointments to the Commission. Not more than 6 members of the Commission shall be of the same political party. (b) Continuation of Membership.--If an individual is appointed to the Commission, and later becomes an officer or employee of a government, such individual may continue as a member of the Commission for not longer than the 30-day period beginning on the date such individual becomes such an officer or employee. (c) Appointment of Members.--Appointments shall be made within 30 days of the date of the enactment of this Act. (d) Terms.--Each member shall be appointed for the life of the Commission. (e) Vacancies.--A vacancy in the Commission shall be filled within 30 days in the manner in which the original appointment was made. (f) Compensation.-- (1) Rates of pay.--Except as provided in paragraph (2), members of the Commission shall serve without pay. (2) Travel expenses.--Each member of the Commission shall receive travel expenses, including per diem in lieu of subsidence, in accordance with sections 5702 and 5703 of title 5, United States Code. (g) Quorum.--5 members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (h) Chairperson.--The Chairperson of the Commission shall be elected by the members from among the members. (i) Meetings.--The Commission shall meet at least once each month at the call of the Chairperson of the Commission. SEC. 5. STAFF AND SUPPORT SERVICES. (a) Director.--The Commission shall have a Director appointed by the Chairperson of the Commission and paid by a rate determined by the Commission. (b) Staff.--With the approval of the Commission, the Director of the Commission may appoint personnel as the Director considers appropriate. SEC. 6. POWERS. (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. (b) Delegation of Authority.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Information.--The Commission may secure directly from any Federal agency information necessary to enable it to carry out this Act. Upon request of the Chairperson of the Commission, the head of the Federal agency shall furnish the information to the Commission. (d) Contract Authority.--The Commission may contract with and compensate government and private agencies or persons for supplies or services without regard to section 3709 of the Revised Statutes (41 U.S.C. 5). SEC. 7. REPORTS. (a) Periodic Reports.--Pursuant to section 3(a)(3) the Commission shall issue periodic reports to the President and the Congress. (b) Final Report.--Not later than the expiration of the 24-month period beginning on the date of enactment of this Act, the Commission shall submit to the President and the Congress a final report setting forth the finding and conclusions of the Commission and specific recommendations for legislative and administrative actions that the Commission determines to be appropriate. SEC. 8. TERMINATION. The Commission shall terminate not later than the expiration of the 30-day period beginning on the date on which the Commission submits its final report under section 7(b). SEC. 9. FUNDING AND SUPPORT. The Commission is to be funded, staffed and equipped, to the extent practicable and permitted by law, by the private sector without cost to the Federal Government. To accomplish this objective, it is expected that the Secretary of Commerce will engage in a joint project with a nonprofit organization pursuant to the first section of Public Law 91- 412 (15 U.S.C. 1525) for the purpose of providing support for the Commission. | Second National Blue Ribbon Commission to Eliminate Waste in Government Act - Establishes the Second National Blue Ribbon Commission to Eliminate Waste in Government to: (1) conduct a private sector survey on management and cost control in the Federal Government; (2) review executive agency operations and existing General Accounting Office, Congressional Budget Office, Inspector General Reports, and other existing governmental and nongovernmental recommendations for reducing waste; and (3) submit to the President and the Congress recommendations for the most significant estimated savings, and for improving the budget process, management, and reducing waste and costs in the Government. Specifies opportunities, programs, services, and reforms the Commission must identify and address. Requires reports to the President and the Congress. Requires the Commission to be funded, staffed, and equipped, to the extent practicable and permitted by law, by the private sector without cost to the Government. |
SECTION 1. PURPOSE. The purpose of this Act is to assist municipalities and local communities to explore and determine options for the alternative provision of electricity and, at their discretion, to create or expand public power systems. SEC. 2. COMMUNITY POWER INVESTMENT REVOLVING LOAN FUND. (a) Revolving Loan Fund.--There is established in the Treasury of the United States a revolving loan fund to be known as the ``Community Power Investment Revolving Loan Fund'' consisting of such amounts as may be appropriated or credited to such Fund as provided in this section. (b) Expenditures From Loan Funds.-- (1) In general.--The Secretary of Energy, under such rules and regulations as the Secretary may prescribe, may make loans from the Community Power Investment Revolving Loan Fund, without further appropriation, to a State or local government, including any municipality. (2) Purpose.--Loans provided under this section shall be used only for any of the following: (A) Feasibility studies to investigate options for the creation or expansion of public power systems. (B) Community development assistance programs to stem rising energy costs, including low-income customer payment programs. (C) Energy efficiency programs and other local conservation measures. (D) Incentives for new renewable energy resources, including research and development programs, purchases from alternative energy providers, and construction of new generation facilities. (E) Increased and rapid deployment of distributed energy generation resources, including the following: (i) Microturbines. (ii) Fuel cells. (iii) Combined heat and power systems. (iv) Advanced internal combustion engine generators. (v) Advanced natural gas turbines. (vi) Energy storage devices. (vii) Distributed generation research and development for local communities, including interconnection standards and equipment, and dispatch and control services that preserve appropriate local control authority to protect distribution system safety, reliability, and new and backup power quality. (F) Purchase of existing electricity generation and transmission systems of private power companies. (G) Construction of new electricity generation and transmission facilities. (H) Education and public information programs. (3) Restrictions.--No loan may be made under this section to any entity that is financially distressed, delinquent on any Federal debt, or in current bankruptcy proceedings. No loan shall be made under this section unless the Secretary determines that-- (A) there is reasonable assurance of repayment of the loan; and (B) the amount of the loan, together with other funds provided by or available to the recipient, is adequate to assure completion of the facility or facilities for which the loan is made. (c) Loan Repayments.-- (1) Length of repayment.-- (A) In general.--Before making a loan under this section, the Secretary shall determine the period of time within which a State must repay such loan. (B) Limitation.--Except as provided in subparagraph (C), the Secretary shall in no case allow repayment of such loan-- (i) to begin later than the date that is one year after the date on which the loan is made; and (ii) to be completed later than the date that is 30 years after the date on which the loan is made. (C) Moratorium.--The Secretary may grant a temporary moratorium on the repayment of a loan provided under this section if, in the determination of the Secretary, continued repayment of such loan would cause a financial hardship on the State that received the loan. (2) Interest.--The Secretary may not impose or collect interest on a loan provided under this section in excess of one percent above the current U.S. Treasury rate for obligations of similar maturity. (3) Credit to loan fund.--Repayment of amounts loaned under this section shall be credited to the Community Power Investment Revolving Loan Fund and shall be available for the purposes for which the fund is established. (4) Finance charges.--The Secretary may assess finance charges of 5 percent on loans under this section that are repaid within 5 to 10 years, 3 percent on such loans that are repaid within 3 to 5 years, and one percent for loans repaid within 3 years. (d) Administration Expenses.--The Secretary may defray the expenses of administering the loans provided under this section. (e) Authorization of Appropriations.--There are authorized to be appropriated to the Community Power Investment Revolving Loan Fund $5,000,000,000 for each of the fiscal years 2002 through 2007. SEC. 3. STRANDED COSTS. Section 206 of the Federal Power Act is amended by adding the following new subsection after subsection (d): ``(e) Stranded Cost Recovery.--The Commission shall prohibit any public utility or State regulatory authority from imposing, after the enactment of this subsection, any fee or charge (including any exit fee) on any electric consumer or State or municipality (or entity established by a State or municipality) for the purpose of recovering any wholesale stranded costs of such public utility that may occur when retail electric consumers cease to be served by that public utility by reason of the provision of electric service to such consumers by a State or a political subdivision of a State (or by any entity established by such State or political subdivision). As promptly as practical after the enactment of this subsection, the Commission shall amend such rules and orders of the Commission as may be necessary to carry out this subsection.''. SEC. 4. REPEAL OF RESTRICTION ON USE OF TAX-EXEMPT BONDS TO ACQUIRE OUTPUT FACILITIES. (a) In General.--Section 141 of the Internal Revenue Code of 1986 (relating to private activity bond; qualified bond) is amended by striking subsection (d) and by redesignating subsection (e) and subsection (d). (b) Effective Date.--The amendment made by subsection (a) shall apply to obligations issued after the date of the enactment of this Act. | Establishes the Community Power Investment Revolving Loan Fund. Authorizes the Secretary of Energy to make loans from such Fund to a State, local, or municipal government in sound financial standing for the development of alternative energy and energy delivery systems. Prescribes loan repayment guidelines.Amends the Federal Power Act to direct the Federal Energy Regulatory Commission to prohibit any public utility or State regulatory authority from imposing any fee or charge on any electric consumer, State, or municipality for the purpose of recovering wholesale stranded costs it may incur when retail electric consumers cease to be served by that public utility by reason of the provision of electric service by a State or local government.Amends the Internal Revenue Code to repeal the restriction placed upon the use of tax-exempt bonds to acquire nongovernmental output property. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Palestinian Compliance Act of 2006''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Harakatu I-Mujawamati I-Islamiya, which translated in English means the ``Islamic Resistance Movement'', was founded in Gaza by Sheikh Ahmad Yassin. (2) The Islamic Resistance Movement, also known as ``Hamas'' has been designated as a Foreign Terrorist Organization by the Secretary of State. (3) The Hamas resistance movement, which evolved from the Muslim Brotherhood in 1987, won 74 seats of the 132-seat legislature in the January 26, 2006, Palestinian parliamentary elections. (4) Hamas, which has been designated by the Governments of the United States, Canada, and Israel and by the European Union as a terrorist organization, has carried out hundreds of terrorist attacks, which have killed hundreds of civilians and injured thousands more. (5) In 2001, the United States Government, under the authority of Executive Order No. 13224 (50 U.S.C. 1701 note; prohibiting transactions with persons who support terrorism), blocked the assets of 3 entities, The Holy Land Foundation for Relief and Development, Beit al-Mal Holdings, and Al-Aqsa Islamic Bank, because these entities were providing financial and material support to Hamas. (6) Article 11 of the Hamas charter states the following: ``The Islamic Resistance Movement believes that the land of Palestine is an Islamic Waqf consecrated for future Moslem generations until Judgement Day. It, or any part of it, should not be squandered: it, or any part of it, should not be given up. Neither a single Arab country nor all Arab countries, neither any king or president, nor all the kings and presidents, neither any organization nor all of them, be they Palestinian or Arab, possess the right to do that. Palestine is an Islamic Waqf land consecrated for Moslem generations until Judgement Day.''. (7) Article 13 of the Hamas charter states, ``There is no solution for the Palestinian question except through Jihad. Initiatives, proposals and international conferences are all a waste of time and vain endeavors.''. (8) Hamas receives financial support from the Islamic Republic of Iran, a state sponsor of terrorism, as well as charitable donations and remittances from Arab expatriates and commercial enterprises. (9) Hamas has a budget estimated at $70,000,000, with 85 percent of these funds coming from outside sources. (10) According to the Israel Defense Forces, Hamas has killed nearly 300 and wounded over 2,000 Israeli citizens since September 2000. (11) According to the Office of the Coordinator for Counterterrorism of the Department of State, in 2003 and 2004, terrorist attacks by Hamas, the Palestinian Islamic Jihad (PIJ), the al-Aqsa Martyrs Brigade, and the Popular Front for the Liberation of Palestine (PFLP) killed almost 300 people in Israel, the West Bank, and Gaza. (12) Section 550(a) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2006 (Public Law 109-102; 119 Stat. 2217) provides, ``None of the funds appropriated by this Act to carry out the provisions of chapter 4 of part II of the Foreign Assistance Act of 1961 may be obligated or expended with respect to providing funds to the Palestinian Authority.''. SEC. 3. PROHIBITION OF FINANCIAL ASSISTANCE TO THE PALESTINIAN AUTHORITY. Section 550 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2006 (Public Law 109-102; 119 Stat. 2217) is amended by striking subsection (b) and inserting the following: ``(b) Waiver.--The prohibition included in subsection (a) shall not apply if the President certifies in writing to the Speaker of the House of Representatives and the President Pro Tempore of the Senate that the Palestinian Authority has-- ``(1) denounced terrorism and expressed a commitment to combating terrorism; ``(2) committed to disarming terrorists and disarming and dismantling terrorist networks, groups, and entities; ``(3) committed to eliminating the incitement of terrorism and the commemoration of terrorists in Palestinian society; ``(4) pledged to uphold the human rights, civil liberties, and religious liberties of the Palestinian people; ``(5) recognized Israel's right to exist and taken appropriate steps to amend `The Covenant of the Islamic Resistance Movement' dated August 18, 1988, to delete statements that are hostile to Israel and that support the use of violence; ``(6) renounced the use of violence as a means to resolve disputes between entities; and ``(7) committed to prosecuting those individuals, entities, and organizations that have committed acts of terrorism.''. | Palestinian Compliance Act of 2006 - Amends the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2006 to withhold financial assistance to the Palestinian Authority (PA) until presidential certification that the PA has: (1) denounced terrorism and expressed a commitment to combating terrorism; (2) committed to disarming terrorists and disarming and dismantling terrorist networks, groups, and entities; (3) committed to eliminating the incitement of terrorism and the commemoration of terrorists in Palestinian society; (4) pledged to uphold the human rights, civil liberties, and religious liberties of the Palestinian people; (5) recognized Israel's right to exist and taken appropriate steps to amend "The Covenant of the Islamic Resistance Movement" (August 18, 1988) to delete statements that are hostile to Israel and that support the use of violence; (6) renounced the use of violence as a means to resolve disputes between entities; and (7) committed to prosecuting those individuals, entities, and organizations that have committed acts of terrorism. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Freedom to Improve Educational Achievement Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) the ability of the United States to declare more effective educational services to its citizens, especially disadvantaged citizens and traditionally underserved citizens, is of primary importance to the national security and to the continued role of the United States as a world leader; (2) the ability of local school authorities to effectively administer and improve the public schools under their leadership is impeded by the paperwork burden and regulatory limitations imposed by numerous education programs administered by the Federal Government and by the States; (3) because American society and student needs are changing quickly, schools and schooling must be flexible and innovative in order to sustain relevance and vitality in an increasingly challenging world; (4) educational funding flexibility at the State and local level has proven to be effective means toward educational reform in States nationwide, and this flexibility should be expanded to cover Federal requirements that may impede educational achievement; and (5) real and fundamental change in the structure of schools and education will emerge from school reform initiatives and such change should be based on professional knowledge and a solid foundation of research. SEC. 3. PURPOSE. The purpose of this Act is to allow States, local educational agencies, and schools the flexibility to use and combine Federal, State, and local funds to improve the educational achievement of all elementary and secondary school students, including students with disabilities, students who are disadvantaged, and students who are limited English proficient, and to help schools and students meet the National Education Goals by waiving certain statutory and regulatory requirements (not including the appropriate protections with respect to civil rights, discrimination, and safety). SEC. 4. PROGRAM AUTHORIZED. (a) Education Programs.--The Secretary of Education is authorized to waive certain Federal statutory and regulatory requirements (except as provided in section 6) for States, local educational agencies, and schools that can demonstrate that such waivers are part of efforts to achieve education reform and meet the National Education Goals for all students, where such waivers are part of a State or local systemic reform plan, and where such States and local educational agencies have implemented similar waiver plans. (b) Additional Programs.--Waivers may also be requested for requirements regarding the following programs: (1) The Head Start Act. (2) The Runaway and Homeless Youth Act. (3) The Juvenile Justice and Delinquency Prevention Act. (4) The National School Lunch Act. (5) The School Breakfast Program. (6) The Child and Adult Care Food Program. (7) The Special School Milk Program. (8) The Summer Food Service Program. (9) The Community Services Block Grant Program. If such waivers are requested, the Secretary shall consult with the heads of other appropriate Federal agencies, if any, in determining whether to approve a project. The Secretary shall obtain the approval of such agency head as part of final approval of such project. SEC. 5. APPLICATIONS. (a) General Requirements.--A school, local educational agency, or State that desires to receive a waiver under this Act shall-- (1) indicate which Federal requirements are to be waived and how waiving such requirements will improve educational achievement among all students; (2) describe educational programs and goals being proposed and how such programs will meet the needs of all students; (3) identify the Federal programs to be included in the project; (4) indicate which State and local requirements to be waived; (5) describe specific, measurable educational improvement goals and expected outcomes for all affected students; (6) describe methods to be used to measure progress toward meeting such goals; (7) describe how programs will continue to focus on the same populations served by programs for which waivers are requested; (8) describe how students not now eligible for programs for which waivers are granted can be served without weakening the program benefits for eligible populations; and (9) describe the student population at proposed schools, including-- (A) current data regarding the achievement levels of students, particularly disadvantaged students; (B) the number of students who-- (i) are of limited English proficiency, as defined in section 7003(a)(1) of the Bilingual Education Act; (ii) are children with disabilities, as defined in section 602(a)(1) of the Individuals with Disabilities Education Act; (iii) are currently or were, within the past 5 years, migratory; (iv) are educationally disadvantaged for the purposes of chapter 1 of title I of the Elementary and Secondary Education Act of 1965; and (v) are eligible for a free or reduced- price lunch. (b) Additional Requirements.--The Secretary of Education may include additional requirements as may reasonably be required. (c) Individual School Applications.--A local school that desires to receive a waiver under this Act shall submit an application to the local educational agency, which, after review, shall submit such application to the State educational agency. (d) Local Applications.--(1) A local educational agency that desires to receive a waiver under this Act shall submit an application to the State educational agency for review. (2) A State educational agency that approves an application submitted by a local educational agency shall forward such application to the Secretary of Education for consideration. (3) If an application requests a waiver for a program other than an education program, the State educational agency shall submit such application to the chief executive of the State for review before forwarding such application to the Secretary of Education. (e) State Applications.--(1) A State educational agency that desires to receive a waiver under this Act shall submit an application to the Secretary of Education for consideration, unless such application requires waivers for other than education programs. (2) Such application shall be submitted to the chief executive of the State for review before forwarding such application to the Secretary of Education. SEC. 6. WAIVER RESTRICTIONS. Nothing in this section shall be construed to authorize any changes in, substitutions for, or lessening of the protections of Federal laws and regulations regarding civil rights, discrimination, and safety or to affect regulations and prohibitions concerning the diversion of Federal funds for private use. Requirements which shall not be waived include-- (1) requirements governing fund allocations; (2) requirements governing privacy of pupil records; (3) requirements under title VI of the Civil Rights Act of 1964; (4) provisions of section 504 of the Rehabilitation Act of 1973; (5) provisions of title II of the Americans with Disabilities Act; (6) requirements of title IX of the Education Amendments of 1972; (7) requirements of parts A, B, and H under the Individuals with Disabilities Education Act; (8) requirements governing-- (A) maintenance of effort; (B) comparability; or (C) the equitable participation of students attending private schools; and (9) requirements on parental participation and involvement. SEC. 7. EVALUATIONS AND TECHNICAL ASSISTANCE. (a) Waivers.--Three years after a waiver is provided to a school or local educational agency, the Secretary of Education shall evaluate the effectiveness of such waiver, based on reports and evaluations conducted by the State educational agency, in meeting the goals outlined in their application, in achieving educational reform, in raising student achievement for all students, including students with disabilities, students who are disadvantaged, and students who are limited English proficient, and in meeting the National Education Goals. (b) Technical Assistance.--If the Secretary determines that progress in achieving education reform is not satisfactory, the Secretary may provide technical assistance to a school or local educational agency. (c) Termination.--If the Secretary determines that the technical assistance does not improve education reform efforts, the Secretary may immediately terminate any waivers previously granted. (d) National Evaluation.--Three years after the flexibility program is implemented and at the end of every succeeding 3-year period, the Secretary shall evaluate the effectiveness of the flexibility program nationwide. The findings of such evaluation shall be submitted to the Congress not later than 120 days after such evaluation is completed. SEC. 8. REPORTS. (a) Local Reports.--A local educational agency or school that participates in a flexibility project under this Act shall submit an annual report to the State educational agency that-- (1) describes project activities; (2) evaluates the progress in achieving the goals stated in the application; and (3) evaluates the effectiveness of coordinating services for students and their families. (b) State Reports.--(1) A State that participates in a flexibility project under this Act shall submit an annual report to the Secretary of Education which evaluates the progress in achieving goals stated in the application. (2) The State Educational Agency, upon receipt of reports of local educational agencies or schools participating in a flexibility project, shall review such documents and evaluate the progress of such programs in elevating academic achievement for all students, accomplishing education reform and meeting the National Education Goals. Such reports and evaluations shall be submitted to the Secretary of Education on an annual basis. (c) Secretary Reports.--The Secretary of Education shall submit to the Congress a biennial report, based on State reports, regarding the national progress of flexibility programs and the effect of such programs on improving educational achievement for all students and meeting the National Education Goals. The Secretary shall disseminate information on exemplary practices through the National Diffusion Network. | Freedom to Improve Educational Achievement Act - Authorizes the Secretary of Education to waive certain Federal statutory and regulatory requirements, with specified exceptions, for States, local educational agencies, and schools as part of systemic educational reform and efforts to meet the national education goals for all children. Allows additional waivers for specified related programs, with the approval of the appropriate Federal agency. Sets forth requirements for waiver applications, restrictions, evaluations, and reports. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Watershed Rehabilitation Act of 2000''. SEC. 2. REHABILITATION OF WATER RESOURCE STRUCTURAL MEASURES CONSTRUCTED UNDER CERTAIN DEPARTMENT OF AGRICULTURE PROGRAMS. The Watershed Protection and Flood Prevention Act (16 U.S.C. 1001 et seq.) is amended by adding at the end the following new section: ``SEC. 14. REHABILITATION OF STRUCTURAL MEASURES NEAR, AT, OR PAST THEIR EVALUATED LIFE EXPECTANCY. ``(a) Definitions.--For purposes of this section: ``(1) Rehabilitation.--The term `rehabilitation', with respect to a structural measure constructed as part of a covered water resource project, means the completion of all work necessary to extend the service life of the structural measure and meet applicable safety and performance standards. This may include (A) protecting the integrity of the structural measure, or prolonging the useful life of the structural measure, beyond the original evaluated life expectancy, (B) correcting damage to the structural measure from a catastrophic event, (C) correcting the deterioration of structural components that are deteriorating at an abnormal rate, (D) upgrading the structural measure to meet changed land use conditions in the watershed served by the structural measure or changed safety criteria applicable to the structural measure, or (E) decommissioning the structural measure, including removal or breaching. ``(2) Covered water resource project.--The term `covered water resource project' means a work of improvement carried out under any of the following: ``(A) This Act. ``(B) Section 13 of the Act of December 22, 1944 (Public Law 78-534; 58 Stat. 905). ``(C) The pilot watershed program authorized under the heading `Flood Prevention' of the Department of Agriculture Appropriation Act, 1954 (Public Law 156; 67 Stat. 214). ``(D) Subtitle H of title XV of the Agriculture and Food Act of 1981 (16 U.S.C. 3451 et seq.; commonly known as the Resource Conservation and Development Program). ``(3) Eligible local organization.--The term `eligible local organization' means a local organization or appropriate State agency responsible for the operation and maintenance of structural measures constructed as part of a covered water resource project. ``(4) Structural measure.--The term `structural measure' means a physical improvement that impounds water, commonly known as a dam, which was constructed as part of a covered water resource project. ``(b) Cost Share Assistance for Rehabilitation.-- ``(1) Assistance authorized.--The Secretary may provide financial assistance to an eligible local organization to cover a portion of the total costs incurred for the rehabilitation of structural measures originally constructed as part of a covered water resource project. The total costs of rehabilitation include the costs associated with all components of the rehabilitation project, including acquisition of land, easements, and rights-of-ways, rehabilitation project administration, the provision of technical assistance, contracting, and construction costs, except that the local organization shall be responsible for securing all land, easements, or rights-of-ways necessary for the project. ``(2) Amount of assistance; limitations.--The amount of Federal funds that may be made available under this subsection to an eligible local organization for construction of a particular rehabilitation project shall be equal to 65 percent of the total rehabilitation costs, but not to exceed 100 percent of actual construction costs incurred in the rehabilitation. However, the local organization shall be responsible for the costs of water, mineral, and other resource rights and all Federal, State, and local permits. ``(3) Relation to land use and development regulations.--As a condition on entering into an agreement to provide financial assistance under this subsection, the Secretary, working in concert with the eligible local organization, may require that proper zoning or other developmental regulations are in place in the watershed in which the structural measures to be rehabilitated under the agreement are located so that-- ``(A) the completed rehabilitation project is not quickly rendered inadequate by additional development; and ``(B) society can realize the full benefits of the rehabilitation investment. ``(c) Technical Assistance for Watershed Project Rehabilitation.-- The Secretary, acting through the Natural Resources Conservation Service, may provide technical assistance in planning, designing, and implementing rehabilitation projects should an eligible local organization request such assistance. Such assistance may consist of specialists in such fields as engineering, geology, soils, agronomy, biology, hydraulics, hydrology, economics, water quality, and contract administration. ``(d) Prohibited Use.-- ``(1) Performance of operation and maintenance.-- Rehabilitation assistance provided under this section may not be used to perform operation and maintenance activities specified in the agreement for the covered water resource project entered into between the Secretary and the eligible local organization responsible for the works of improvement. Such operation and maintenance activities shall remain the responsibility of the local organization, as provided in the project work plan. ``(2) Renegotiation.--Notwithstanding paragraph (1), as part of the provision of financial assistance under subsection (b), the Secretary may renegotiate the original agreement for the covered water resource project entered into between the Secretary and the eligible local organization regarding responsibility for the operation and maintenance of the project when the rehabilitation is finished. ``(e) Application for Rehabilitation Assistance.--An eligible local organization may apply to the Secretary for technical and financial assistance under this section if the application has also been submitted to and approved by the State agency having supervisory responsibility over the covered water resource project at issue or, if there is no State agency having such responsibility, by the Governor of the State. The Secretary shall request the State dam safety officer (or equivalent State official) to be involved in the application process if State permits or approvals are required. The rehabilitation of structural measures shall meet standards established by the Secretary and address other dam safety issues. At the request of the eligible local organization, personnel of the Natural Resources Conservation Service of the Department of Agriculture may assist in preparing applications for assistance. ``(f) Justification for Rehabilitation Assistance.--In order to qualify for technical or financial assistance under this authority, the Secretary shall require the rehabilitation project to be performed in the most cost-effective manner that accomplishes the rehabilitation objective. Since the requirements for accomplishing the rehabilitation are generally for public health and safety reasons, in many instances being mandated by other State or Federal laws, a benefit-cost ratio greater than 1 shall not be required. The benefits of and the requirements for the rehabilitation project shall be documented to ensure the wise and responsible use of Federal funds. ``(g) Ranking of Requests for Rehabilitation Assistance.--The Secretary shall establish such system of approving rehabilitation requests, recognizing that such requests will be received throughout the fiscal year and subject to the availability of funds to carry out this section, as is necessary for proper administration by the Department of Agriculture and equitable for all eligible local organizations. The approval process shall be in writing, and made known to all eligible local organizations and appropriate State agencies. In establishing a system of approving rehabilitation requests, the Secretary shall give requests made by eligible local organizations for decommissioning as the form of rehabilitation the same priority as requests made by eligible local organizations for other forms of rehabilitation. ``(h) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to provide financial and technical assistance under this section-- ``(1) $10,000,000 for fiscal year 2001; ``(2) $10,000,000 for fiscal year 2002; ``(3) $15,000,000 for fiscal year 2003; ``(4) $25,000,000 for fiscal year 2004; and ``(5) $35,000,000 for fiscal year 2005. ``(i) Assessment of Rehabilitation Needs.--Of the amount appropriated pursuant to subsection (h) for fiscal years 2001 and 2002, $5,000,000 shall be used by the Secretary, in concert with the responsible State agencies, to conduct an assessment of the rehabilitation needs of covered water resource projects in all States in which such projects are located. ``(j) Recordkeeping and Reports.-- ``(1) Secretary.--The Secretary shall maintain a data base to track the benefits derived from rehabilitation projects supported under this section and the expenditures made under this section. On the basis of such data and the reports submitted under paragraph (2), the Secretary shall prepare and submit to Congress an annual report providing the status of activities conducted under this section. ``(2) Grant recipients.--Not later than 90 days after the completion of a specific rehabilitation project for which assistance is provided under this section, the eligible local organization that received the assistance shall make a report to the Secretary giving the status of any rehabilitation effort undertaken using financial assistance provided under this section.''. Passed the Senate October 24 (legislative day, September 22), 2000. Attest: Secretary. 106th CONGRESS 2d Session S. 1762 _______________________________________________________________________ AN ACT To amend the Watershed Protection and Flood Prevention Act to authorize the Secretary of Agriculture to provide cost share assistance for the rehabilitation of structural measures constructed as part of water resource projects previously funded by the Secretary under such Act or related laws. | Authorizes the Secretary, acting through the Natural Resources Conservation Service, to provide technical assistance to planning, designing, and implementing rehabilitation projects should such an organization request such assistance. Prohibits any assistance authorized from being used to perform operation and maintenance activities. Outlines assistance application requirements. Directs the Secretary to: (1) establish a system of approving rehabilitation assistance requests from eligible organizations equitably; and (2) give requests made for decommissioning the same priority as requests made for other forms of rehabilitation. Authorizes appropriations for FY 2001 through 2005 to provide financial and technical assistance. Earmarks funds authorized for the first two fiscal years for an assessment by the Secretary of the rehabilitation needs of covered projects. Requires: (1) the Secretary to maintain a database to track the benefits derived from rehabilitation projects and expenditures and report annually to Congress on the status of activities conducted; and (2) eligible local organizations that received assistance to report to the Secretary on the status of rehabilitation efforts after the completion of the specific projects for which assistance was provided. |
SECTION 1. CARRYING OF FIREARMS BY LICENSEE EMPLOYEES. (a) In General.--Chapter 14 of title I of the Atomic Energy Act of 1954 (42 U.S.C. 2201 et seq.) is amended-- (1) in section 161, by striking subsection k. and inserting the following: ``k. authorize to carry a firearm in the performance of official duties such of its members, officers, and employees, such of the employees of its contractors and subcontractors (at any tier) engaged in the protection of property under the jurisdiction of the United States located at facilities owned by or contracted to the United States or being transported to or from such facilities, and such of the employees of persons licensed or certified by the Commission (including employees of contractors of licensees or certificate holders) engaged in the protection of facilities owned or operated by a Commission licensee or certificate holder that are designated by the Commission or in the protection of property of significance to the common defense and security located at facilities owned or operated by a Commission licensee or certificate holder or being transported to or from such facilities, as the Commission considers necessary in the interest of the common defense and security;'' and (2) by adding at the end the following: ``SEC. 170C. CARRYING OF FIREARMS. ``(a) Authority To Make Arrest.-- ``(1) In general.--A person authorized under section 161k. to carry a firearm may, while in the performance of, and in connection with, official duties, arrest an individual without a warrant for any offense against the United States committed in the presence of the person or for any felony under the laws of the United States if the person has a reasonable ground to believe that the individual has committed or is committing such a felony. ``(2) Limitation.--An employee of a contractor or subcontractor or of a Commission licensee or certificate holder (or a contractor of a licensee or certificate holder) authorized to make an arrest under paragraph (1) may make an arrest only-- ``(A) when the individual is within, or is in flight directly from, the area in which the offense was committed; and ``(B) in the enforcement of-- ``(i) a law regarding the property of the United States in the custody of the Department of Energy, the Commission, or a contractor of the Department of Energy or Commission or a licensee or certificate holder of the Commission; ``(ii) a law applicable to facilities owned or operated by a Commission licensee or certificate holder that are designated by the Commission under section 161k.; ``(iii) a law applicable to property of significance to the common defense and security that is in the custody of a licensee or certificate holder or a contractor of a licensee or certificate holder of the Commission; or ``(iv) any provision of this Act that subjects an offender to a fine, imprisonment, or both. ``(3) Other authority.--The arrest authority conferred by this section is in addition to any arrest authority under other law. ``(4) Guidelines.--The Secretary and the Commission, with the approval of the Attorney General, shall issue guidelines to implement section 161k. and this subsection.''. (b) Conforming Amendment.--The table of contents of the Atomic Energy Act of 1954 (42 U.S.C. prec. 2011) is amended by adding at the end of the items relating to chapter 14 the following: ``Sec. 170C. Carrying of firearms.''. SEC. 2. UNAUTHORIZED INTRODUCTION OF DANGEROUS WEAPONS. Section 229a. of the Atomic Energy Act of 1954 (42 U.S.C. 2278a(a)) is amended in the first sentence by inserting ``or subject to the licensing authority of the Commission or to certification by the Commission under this Act or any other Act'' before the period at the end. SEC. 3. SABOTAGE OF NUCLEAR FACILITIES OR FUEL. Section 236a. of the Atomic Energy Act of 1954 (42 U.S.C. 2284(a)) is amended-- (1) in paragraph (2), by striking ``storage facility'' and inserting ``storage, treatment, or disposal facility''; (2) in paragraph (3)-- (A) by striking ``such a utilization facility'' and inserting ``a utilization facility licensed under this Act''; and (B) by striking ``or'' at the end; (3) in paragraph (4)-- (A) by striking ``facility licensed'' and inserting ``or nuclear fuel fabrication facility licensed or certified''; and (B) by striking the period at the end and inserting ``; or''; and (4) by adding at the end the following: ``(5) any production, utilization, waste storage, waste treatment, waste disposal, uranium enrichment, or nuclear fuel fabrication facility subject to licensing or certification under this Act during construction of the facility, if the person knows or reasonably should know that there is a significant possibility that the destruction or damage caused or attempted to be caused could adversely affect public health and safety during the operation of the facility;''. | Amends the Atomic Energy Act of 1954 to permit the Nuclear Regulatory Commission (NRC) to authorize employees of its contractors, licensees, or certificate holders to: (1) carry firearms during the course of official duties and while engaged in the protection of relevant facilities; and (2) arrest without warrant for any felony or for any offense against the United States committed in their presence.Establishes a fine or imprisonment for sabotage of any production, utilization, waste storage, waste treatment, waste disposal, uranium enrichment, or nuclear fuel fabrication facility subject to NRC licensing or certification during its construction. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Preventing Maternal Deaths Act of 2018''. SEC. 2. SAFE MOTHERHOOD. Section 317K of the Public Health Service Act (42 U.S.C. 247b-12) is amended-- (1) in subsection (a)-- (A) in paragraph (1)-- (i) by striking ``purpose of this subsection is to develop'' and inserting ``purposes of this subsection are to establish or continue a Federal initiative to support State and tribal maternal mortality review committees, to improve data collection and reporting around maternal mortality, and to develop or support''; (ii) by striking ``population at risk of death and'' and inserting ``populations at risk of death and severe''; and (B) in paragraph (2)-- (i) by amending subparagraph (A) to read as follows: ``(A) The Secretary may continue and improve activities related to a national maternal mortality data collection and surveillance program to identify and support the review of pregnancy-associated deaths and pregnancy-related deaths that occur during, or within 1 year following, pregnancy.''; and (ii) by inserting after subparagraph (C) the following: ``(D) The Secretary may, in cooperation with States, Indian tribes, and tribal organizations, develop a program to support States, Indian tribes, and tribal organizations in establishing or operating maternal mortality review committees, in accordance with subsection (d).''; (2) in subsection (b)(2)-- (A) in subparagraph (A)-- (i) by striking ``encouraging preconception'' and inserting ``prepregnancy''; and (ii) by striking ``diabetics'' and inserting ``women with diabetes and women with substance use disorder'' before the semicolon; (B) in subparagraph (H)-- (i) by inserting ``the identification of the determinants of disparities in maternal care, health risks, and health outcomes, including'' before ``an examination''; and (ii) by inserting ``and other groups of women with disproportionately high rates of maternal mortality'' before the semicolon; (C) in subparagraph (I), by striking ``domestic'' and inserting ``interpersonal''; (D) by redesignating subparagraphs (I) through (L) as subparagraphs (J) through (M), respectively; (E) by inserting after subparagraph (H) the following: ``(I) activities to reduce disparities in maternity services and outcomes;''; and (F) in subparagraph (K), as so redesignated, by striking ``, alcohol and illegal drug use'' and inserting ``and substance abuse and misuse''; (3) in subsection (c)-- (A) by striking ``(1) In general--The Secretary'' and inserting ``The Secretary''; (B) by redesignating subparagraphs (A) through (C) as paragraphs (1) through (3), respectively, and adjusting the margins accordingly; (C) in paragraph (1), as so redesignated, by striking ``and the building of partnerships with outside organizations concerned about safe motherhood''; (D) in paragraph (2), as so redesignated, by striking ``; and'' and inserting a semicolon; (E) in paragraph (3), as so redesignated, by striking the period and inserting ``; and''; and (F) by adding at the end the following: ``(4) activities to promote physical, mental, and behavioral health during, and up to 1 year following, pregnancy, with an emphasis on prevention of, and treatment for, mental health disorders and substance use disorder.''; (4) by redesignating subsection (d) as subsection (f); (5) by inserting after subsection (c) the following: ``(d) Maternal Mortality Review Committees.-- ``(1) In general.--In order to participate in the program under subsection (a)(2)(D), the applicable maternal mortality review committee of the State, Indian tribe, or tribal organization shall-- ``(A) include multidisciplinary and diverse membership that represents a variety of clinical specialties, State, tribal, or local public health officials, epidemiologists, statisticians, community organizations, geographic regions within the area covered by such committee, and individuals or organizations that represent the populations in the area covered by such committee that are most affected by pregnancy-related deaths or pregnancy-associated deaths and lack of access to maternal health care services; and ``(B) demonstrate to the Centers for Disease Control and Prevention that such maternal mortality review committee's methods and processes for data collection and review, as required under paragraph (3), use best practices to reliably determine and include all pregnancy-associated deaths and pregnancy-related deaths, regardless of the outcome of the pregnancy. ``(2) Process for confidential reporting.--States, Indian tribes, and tribal organizations that participate in the program described in this subsection shall, through the State maternal mortality review committee, develop a process that-- ``(A) provides for confidential case reporting of pregnancy-associated and pregnancy-related deaths to the appropriate State or tribal health agency, including such reporting by-- ``(i) health care professionals; ``(ii) health care facilities; ``(iii) any individual responsible for completing death records, including medical examiners and medical coroners; and ``(iv) other appropriate individuals or entities; and ``(B) provides for voluntary and confidential case reporting of pregnancy-associated deaths and pregnancy-related deaths to the appropriate State or tribal health agency by family members of the deceased, and other appropriate individuals, for purposes of review by the applicable maternal mortality review committee; and ``(C) shall include-- ``(i) making publicly available contact information of the committee for use in such reporting; and ``(ii) conducting outreach to local professional organizations, community organizations, and social services agencies regarding the availability of the review committee. ``(3) Data collection and review.--States, Indian tribes, and tribal organizations that participate in the program described in this subsection shall-- ``(A) annually identify pregnancy-associated deaths and pregnancy-related deaths-- ``(i) through the appropriate vital statistics unit by-- ``(I) matching each death record related to a pregnancy-associated death or pregnancy-related death in the State or tribal area in the applicable year to a birth certificate of an infant or fetal death record, as applicable; ``(II) to the extent practicable, identifying an underlying or contributing cause of each pregnancy- associated death and each pregnancy-related death in the State or tribal area in the applicable year; and ``(III) collecting data from medical examiner and coroner reports, as appropriate; ``(ii) using other appropriate methods or information to identify pregnancy-associated deaths and pregnancy- related deaths, including deaths from pregnancy outcomes not identified through clause (i)(I); ``(B) through the maternal mortality review committee, review data and information to identify adverse outcomes that may contribute to pregnancy-associated death and pregnancy- related death, and to identify trends, patterns, and disparities in such adverse outcomes to allow the State, Indian tribe, or tribal organization to make recommendations to individuals and entities described in paragraph (2)(A), as appropriate, to improve maternal care and reduce pregnancy- associated death and pregnancy-related death; ``(C) identify training available to the individuals and entities described in paragraph (2)(A) for accurate identification and reporting of pregnancy-associated and pregnancy-related deaths; ``(D) ensure that, to the extent practicable, the data collected and reported under this paragraph is in a format that allows for analysis by the Centers for Disease Control and Prevention; and ``(E) publicly identify the methods used to identify pregnancy-associated deaths and pregnancy-related deaths in accordance with this section. ``(4) Confidentiality.--States, Indian tribes, and tribal organizations participating in the program described in this subsection shall establish confidentiality protections to ensure, at a minimum, that-- ``(A) there is no disclosure by the maternal mortality review committee, including any individual members of the committee, to any person, including any government official, of any identifying information about any specific maternal mortality case; and ``(B) no information from committee proceedings, including deliberation or records, is made public unless specifically authorized under State and Federal law. ``(5) Reports to cdc.--For fiscal year 2019, and each subsequent fiscal year, each maternal mortality review committee participating in the program described in this subsection shall submit to the Director of the Centers for Disease Control and Prevention a report that includes-- ``(A) data, findings, and any recommendations of such committee; and ``(B) as applicable, information on the implementation during such year of any recommendations submitted by the committee in a previous year. ``(6) State partnerships.--States may partner with one or more neighboring States to carry out the activities under this subparagraph. With respect to the States in such a partnership, any requirement under this subparagraph relating to the reporting of information related to such activities shall be deemed to be fulfilled by each such State if a single such report is submitted for the partnership. ``(7) Appropriate mechanisms for indian tribes and tribal organizations.--The Secretary, in consultation with Indian tribes, shall identify and establish appropriate mechanisms for Indian tribes and tribal organizations to demonstrate, report data, and conduct the activities as required for participation in the program described in this subsection. Such mechanisms may include technical assistance with respect to grant application and submission procedures, and award management activities. ``(8) Research availability.--The Secretary shall develop a process to ensure that data collected under paragraph (5) is made available, as appropriate and practicable, for research purposes, in a manner that protects individually identifiable or potentially identifiable information and that is consistent with State and Federal privacy law. ``(e) Definitions.--In this section-- ``(1) the terms `Indian tribe' and `tribal organization' have the meanings given such terms in section 4 of the Indian Self- Determination and Education Assistance Act; ``(2) the term `pregnancy-associated death' means a death of a woman, by any cause, that occurs during, or within 1 year following, her pregnancy, regardless of the outcome, duration, or site of the pregnancy; and ``(3) the term `pregnancy-related death' means a death of a woman that occurs during, or within 1 year following, her pregnancy, regardless of the outcome, duration, or site of the pregnancy-- ``(A) from any cause related to, or aggravated by, the pregnancy or its management; and ``(B) not from accidental or incidental causes.''; and (6) in subsection (f), as so redesignated, by striking ``such sums as may be necessary for each of the fiscal years 2001 through 2005'' and inserting ``$58,000,000 for each of fiscal years 2019 through 2023''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate. | Preventing Maternal Deaths Act of 2017 This bill directs the Department of Health and Human Services (HHS) to establish a program under which HHS may make grants to states for the purpose of: (1) reviewing pregnancy-related and pregnancy-associated deaths (maternal deaths); (2) establishing and sustaining a maternal mortality review committee to review relevant information; (3) ensuring that the state department of health develops a plan for ongoing health care provider education in order to improve the quality of maternal care, disseminate findings, and implement recommendations; (4) disseminating a case abstraction form to aid information collection for HHS review and preserve its uniformity; and (5) providing for the public disclosure of information included in state reports. The bill defines "pregnancy-associated death" as the death of a woman while pregnant or during the one-year period following the date of the end of pregnancy, irrespective of the cause of death. It defines "pregnancy-related death" as the death of a woman while pregnant or during the one-year period following the date of the end of pregnancy, irrespective of the pregnancy's duration, from any cause related to, or aggravated by, the pregnancy or its management, excluding any accidental or incidental cause. States shall develop procedures for mandatory reporting to their departments of health by health facilities and professionals concerning maternal deaths and for voluntary reporting of such deaths by family members. States shall investigate each case and prepare a case summary for each case, to be reviewed by the committee and included in applicable reports. The bill amends the Public Health Service Act to direct HHS to take specified steps to eliminate disparities in maternal health outcomes. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Broadband Initiative Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The Rural Electrification Act of 1936 helped bring electricity and telephone service to rural America, thus removing major barriers to the development of our rural economies. (2) A lack of affordable broadband presents a similar barrier to the development of our rural economy. (3) According to the Federal Communications Commission, 53 percent of rural Americans lack access to service delivering broadband speeds of 25 Mbps for downloads and 3 Mbps for uploads. (4) High-speed broadband access helps rural communities compete and grow in our digital economy. SEC. 3. SENSE OF THE CONGRESS. It is the sense of the Congress that necessary funds should be made available to provide universal and affordable broadband access to the United States of America with a focus on underserved rural communities. SEC. 4. OFFICE OF RURAL BROADBAND INITIATIVES. (a) In General.--Title VI of the Rural Electrification Act of 1936 (7 U.S.C. 950bb et seq.) is amended-- (1) by redesignating sections 601 through 603 as sections 603 through 605, respectively; and (2) by inserting before section 603 (as so redesignated) the following new sections: ``SEC. 601. DEFINITIONS. ``In this title: ``(1) Office.--The term `Office' means the Office of Rural Broadband Initiatives established by section 602(a)(1). ``(2) Under secretary.--The term `Under Secretary' means the Under Secretary for Rural Broadband Initiatives appointed under section 602(a)(2). ``SEC. 602. OFFICE OF RURAL BROADBAND INITIATIVES. ``(a) Establishment.-- ``(1) In general.--There is established in the Department of Agriculture an office to be known as the `Office of Rural Broadband Initiatives'. ``(2) Under secretary.--The head of the Office shall be the Under Secretary for Rural Broadband Initiatives, who shall-- ``(A) be appointed by the President, by and with the advice and consent of the Senate; and ``(B) report directly to the Secretary. ``(b) Responsibilities.-- ``(1) In general.--The Under Secretary shall-- ``(A) as of the date of enactment of this section, administer all rural broadband-related grant and loan programs previously administered by the Administrator of the Rural Utilities Service, including-- ``(i) the rural broadband access loan and loan guarantee program established under section 603; ``(ii) the Community Connect Grant Program described in subpart A of part 1739 of title 7, Code of Federal Regulations (or successor regulations); and ``(iii) the Telecommunications Infrastructure Loan program established under this Act. ``(2) Requirements.--The Under Secretary shall-- ``(A) conduct extensive, nationwide outreach to rural areas; ``(B) foster the development of a comprehensive rural broadband strategic vision; ``(C) plan coordination of Federal resources for State, regional, and local governments to assist citizens living and working in rural areas; ``(D) assess all relevant technologies (including WiFi, WIMAX, DSL, cable, satellite, fiber, and broadband over power lines), as the technologies are able to support in whole or in part rural broadband needs and requirements; ``(E) serve as a single information source for all rural broadband programs and services administered by Federal agencies, and coordinate the activities undertaken under Federal rural broadband programs; and ``(F) provide technical assistance to State, regional, and local governments to develop broadband deployment strategies. ``(c) Comprehensive Rural Broadband Strategy.-- ``(1) In general.--Not later than 180 days after the appointment of the first Under Secretary, the Under Secretary shall submit to the President and Congress a report describing comprehensive rural broadband strategy that includes-- ``(A) recommendations-- ``(i) to promote interagency coordination of Federal agencies in regards to policies, procedures, and targeted resources, and to improve and streamline the policies, programs, and services; ``(ii) to coordinate among Federal agencies regarding existing rural broadband or rural initiatives that could be of value to rural broadband development; ``(iii) to address both short- and long- term solutions and needs assessments for a rapid build-out of rural broadband solutions and applications for Federal, State, regional, and local government policy makers; ``(iv) to identify how specific Federal agency programs and resources can best respond to rural broadband requirements and overcome obstacles that currently impede rural broadband deployment; and ``(v) to promote successful model deployments and appropriate technologies being used in rural areas so that State, regional, and local governments can benefit from the cataloging of successes of other State, regional, and local governments; and ``(B) a description of goals and timeframes to achieve the strategic plans and visions identified in the report. ``(2) Updates.--The Under Secretary shall update and evaluate the report described in paragraph (1) on an annual basis. ``(d) Rural Broadband Advisory Panel.-- ``(1) In general.--Not later than 60 days after the date of appointment of the first Under Secretary, the Under Secretary shall submit to Congress a plan to establish a Rural Broadband Advisory Panel (referred to in this subsection as the `Panel'). ``(2) Chairperson.--The Panel shall be chaired by the Under Secretary or a designee. ``(3) Membership.--The Panel shall be composed of representatives of-- ``(A) State government; ``(B) local government; ``(C) communications equipment vendors (including broadband data service providers); ``(D) public utility services; ``(E) local exchange carriers; ``(F) wireless carriers; ``(G) satellite communications services; and ``(H) other appropriate public or private sector entities, as determined by the Under Secretary. ``(4) Meetings.--The Panel shall meet not less than 4 times each year. ``(5) Duties.--The Advisory Panel shall-- ``(A) assist the Under Secretary in updating the annual report described in subsection (c)(2); ``(B) evaluate the effectiveness of all Federal broadband assistance programs and policies aimed at fostering broadband access in rural and underserved areas; ``(C) evaluate best practices employed at the State and local government level to foster broadband access in rural and underserved areas; and ``(D) cooperate with the Under Secretary in addressing and evaluating issues determined by the Under Secretary to be critical to fostering broadband access and connectivity in rural and underserved areas. ``(e) Web-Based Clearinghouse.--The Under Secretary shall establish a comprehensive and interactive rural broadband Web-based clearinghouse that describes options, opportunities, resources, successful public- private partnerships, comprehensive funding sources, and technology tutorials for rural broadband, including-- ``(1) case studies; ``(2) descriptions of best practices; ``(3) assessments of various technology solutions; ``(4) feasibility studies; ``(5) applications, including telework, telemedicine, distance learning, training, homeland security, senior citizen connectivity and program development, and business and economic development; ``(6) rural broadband options and policies analysis; and ``(7) support for networks among rural communities and economic development agencies.''. (b) Conforming Amendments.--Section 603 of the Rural Electrification Act of 1936 (as so redesignated by subsection (a)(1)) is amended-- (1) in subsection (d)(1)(B), by striking ``subsection (k)'' and inserting ``subsection (l)''; (2) in subsection (j), by striking ``Administrator'' and inserting ``Under Secretary''; (3) by redesignating subsections (k) and (l) as subsections (l) and (m), respectively; and (4) by inserting after subsection (j) the following: ``(k) Rules Revision.-- ``(1) In general.--Not later than 60 days after the date of appointment of the first Under Secretary, the Under Secretary shall submit to Congress a revision of the rules and qualification criteria for the loan and loan guarantee programs under this section. ``(2) Requirements.--In preparing the revision, the Under Secretary shall-- ``(A) emphasize streamlining the application process and processing time; ``(B) ensure that the financial requirements for applicants do not unduly disqualify applicants that have demonstrated a viable business plan; and ``(C) not diminish the mission of the program to deliver broadband service to underserved rural areas.''. SEC. 5. SUFFICIENCY OF RESOURCES. (a) In General.--Not later than 60 days after the date of enactment of this Act, the Secretary of Agriculture shall submit to Congress a report describing the resources and staff necessary to carry out this Act and the amendments made by this Act. (b) Preparation of Report.--The Secretary shall provide the Office of Rural Broadband Initiatives the resources and staff necessary to carry out this section. (c) Comptroller General Review.-- (1) In general.--The Comptroller General of the United States shall review the report submitted under subsection (a) for validity. (2) Report.--Not later than 30 days after the date on which the report is submitted under subsection (a), the Comptroller General of the United States shall submit to Congress a report containing the findings of the review under paragraph (1). | Rural Broadband Initiative Act This bill amends the Rural Electrification Act of 1936 to establish an Office of Rural Broadband Initiatives at the Department of Agriculture (USDA) and an Under Secretary for Rural Broadband Initiatives appointed by the President to head the Office. The Under Secretary is responsible for administering all rural broadband-related grant and loan programs previously administered by the Administrator of the Rural Utilities Service and must: conduct nationwide outreach to rural areas; foster the development of a comprehensive rural broadband strategic vision; plan coordination of federal resources for state, regional, and local governments to assist rural areas; assess all relevant technologies; serve as a single information source for and coordinate all federal rural broadband programs and services; and provide technical assistance to state, regional, and local governments. The Under Secretary must also: submit to the President and Congress a comprehensive rural broadband strategy; submit to Congress a plan to establish a Rural Broadband Advisory Panel; establish a web-based clearinghouse that describes options, opportunities, resources, successful public-private partnerships, funding sources, and technology tutorials; and revise the rules and qualification criteria for the loan and loan guarantee programs. USDA must report to Congress on the resources and staff necessary to carry out this bill, and the Government Accountability Office must review the report. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Women's Hospitals Education Equity Act''. SEC. 2. SUPPORT OF GRADUATE MEDICAL EDUCATION PROGRAMS IN WOMEN'S HOSPITALS. Subpart IX of part D of title III of the Public Health Service Act (42 U.S.C. 256e et seq.) is amended-- (1) in the subpart heading, by adding ``and Women's Hospitals'' at the end; (2) in section 340E(a), by striking ``subpart'' and inserting ``section''; and (3) by adding at the end the following: ``SEC. 340E-1. SUPPORT OF GRADUATE MEDICAL EDUCATION PROGRAMS IN WOMEN'S HOSPITALS. ``(a) Payments.--The Secretary shall make two payments under this section to each women's hospital for each of fiscal years 2010 through 2014, one for the direct expenses and the other for indirect expenses associated with operating approved graduate medical residency training programs. The Secretary shall promulgate regulations pursuant to the rulemaking requirements of title 5, United States Code, which shall govern payments made under this section. ``(b) Amount of Payments.-- ``(1) In general.--Subject to paragraphs (2) and (3), the amounts payable under this section to a women's hospital for an approved graduate medical residency training program for a fiscal year shall be each of the following: ``(A) Direct expense amount.--The amount determined in accordance with subsection (c) for direct expenses associated with operating approved graduate medical residency training programs for a fiscal year. ``(B) Indirect expense amount.--The amount determined in accordance with subsection (c) for indirect expenses associated with the treatment of more severely ill patients and the additional costs relating to teaching residents in such programs for a fiscal year. ``(2) Capped amount.-- ``(A) In general.--The total of the payments made to women's hospitals under paragraph (1) in a fiscal year shall not exceed the funds appropriated under subsection (f) for such payments for that fiscal year. ``(B) Pro rata reductions of payments.--If the Secretary determines that the amount of funds appropriated under subsection (f) for a fiscal year is insufficient to provide the total amount of payments otherwise due for such periods under paragraph (1), the Secretary shall reduce the amounts so payable on a pro rata basis to reflect such shortfall. ``(c) Application of Annual Reporting and Other Provisions.--The provisions of subsections (b)(3), (c), and (d) of section 340E shall apply with respect to women's hospitals funded under this section in the same manner as such provisions apply with respect to children's hospitals funded under such section 340E. In applying such provisions, the Secretary may make such modifications as may be necessary to apply such provisions with respect to women's hospitals. ``(d) Making of Payments.-- ``(1) Interim payments.--The Secretary shall determine, before the beginning of each fiscal year involved for which payments may be made for a hospital under this section, the amounts of the payments for direct graduate medical education and indirect medical education for such fiscal year and shall (subject to paragraph (2)) make the payments of such amounts in 12 equal interim installments during such period. Such interim payments to each individual hospital shall be based on the number of residents reported in the hospital's most recently filed Medicare cost report prior to the application date for the Federal fiscal year for which the interim payment amounts are established. In the case of a hospital that does not report residents on a Medicare cost report, such interim payments shall be based on the number of residents trained during the hospital's most recently completed Medicare cost report filing period. ``(2) Withholding.--The Secretary shall withhold up to 25 percent from each interim installment for direct and indirect graduate medical education paid under paragraph (1) as necessary to ensure a hospital will not be overpaid on an interim basis. ``(3) Reconciliation.--Prior to the end of each fiscal year, the Secretary shall determine any changes to the number of residents reported by a hospital in the application of the hospital for the current fiscal year to determine the final amount payable to the hospital for the current fiscal year for both direct expense and indirect expense amounts. Based on such determination, the Secretary shall recoup any overpayments made and pay any balance due to the extent possible. The final amount so determined shall be considered a final intermediary determination for the purposes of section 1878 of the Social Security Act and shall be subject to administrative and judicial review under that section in the same manner as the amount of payment under section 1886(d) of such Act is subject to review under such section. ``(e) Definitions.--In this section: ``(1) Approved graduate medical residency training program.--The term `approved graduate medical residency training program' has the meaning given the term `approved medical residency training program' in section 1886(h)(5)(A) of the Social Security Act. ``(2) Direct graduate medical education costs.--The term `direct graduate medical education costs' has the meaning given such term in section 1886(h)(5)(C) of the Social Security Act. ``(3) Women's hospital.--The term `women's hospital' means a hospital-- ``(A) that has a Medicare provider agreement under title XVIII of the Social Security Act; ``(B) that has an approved graduate medical residency training program; ``(C) that has not been excluded from the Medicare prospective payment system; ``(D) that had at least 3,000 births during 2007, as determined by the Centers for Medicare & Medicaid Services; and ``(E) with respect to which and as determined by the Centers for Medicare & Medicaid Services, less than 4 percent of the total discharges from the hospital during 2007 were Medicare discharges of individuals who, as of the time of the discharge-- ``(i) were enrolled in the original Medicare fee-for-service program under part A of title XVIII of the Social Security Act; and ``(ii) were not enrolled in-- ``(I) a Medicare Advantage plan under part C of title XVIII of that Act; ``(II) an eligible organization under section 1876 of that Act; or ``(III) a PACE program under section 1894 of that Act. ``(f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, $12,000,000 for fiscal year 2010, and such sums as may be necessary for each of fiscal years 2011 through 2014.''. | Women's Hospitals Education Equity Act - Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS) to make two payments to each eligible women's hospital for each of FY2010-FY2014: (1) one payment for direct expenses associated with operating approved graduate medical residency training programs; and (2) one for indirect expenses associated with the treatment of more severely ill patients and the additional costs relating to teaching residents in such programs. Requires the Secretary to: (1) make the payments in 12 equal interim installments based on the number of residents reported in the hospital's most recently filed Medicare cost report; (2) withhold up to 25% from each installment to ensure a hospital will not be overpaid on an interim basis; (3) determine, prior to the end of each fiscal year, any changes to the number of residents reported to determine the final amount; and (4) recoup any overpayments based on such determination. Considers the final amount so determined to be a final intermediary determination, subject to administrative and judicial review, under the Social Security Act. Applies to women's hospitals funded under this Act annual reporting requirements and provisions regarding direct graduate medical education payments and indirect medical education payments applicable to children's hospitals that operate graduate medical education programs. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Afghan Women Empowerment Act of 2006''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Under the oppressive rule of the Taliban, the women of Afghanistan were denied the most basic human rights, including the rights to work, to an education, to health care, and to move freely. (2) Women who attempted to assert their rights under the Taliban regime were subjected to beatings and imprisonments, and many suffer from the long-term consequences of such oppression. (3) Women in Afghanistan have one of the highest mortality rates in the world, with an estimated 16,000 maternal deaths annually. (4) Despite efforts by the United States Government and the international community to improve the lives of women and girls in Afghanistan, many women and girls continue to lack access to basic services, including health care and education. Approximately 80 percent of Afghan women are illiterate. (5) Today, women and girls in Afghanistan still face oppression resulting from violence and intimidation by Taliban and other militia groups. In recent months, there has been a significant increase in the number of attacks against girls' schools in an attempt to prevent women and girls from regaining their rights and freedoms. (6) The strengthening of institutions and nongovernmental organizations that are led by women in Afghanistan is essential to building civil society and holding the Government of Afghanistan accountable for protecting women's rights and human rights. SEC. 3. SENSE OF CONGRESS ON WOMEN'S RIGHTS IN AFGHANISTAN. It is the sense of Congress that-- (1) the protection of the rights of women and girls in Afghanistan and their full participation in the reestablishment of democracy are essential to the reconstruction of a stable and democratic Afghanistan, and to achieve such a reconstruction, the United States Government must commit resources to advance the rights of women throughout Afghanistan; (2) the United States Government should provide strong support for the Afghan Ministry of Women's Affairs and the Afghan Independent Human Rights Commission, both of which were created by the Agreement on Provisional Agreements in Afghanistan Pending the Establishment of Permanent Governing Institutions, done in Bonn December 5, 2001 (commonly known as the ``Bonn Agreement'') to remedy past violations of women's rights and human rights and to establish institutions and programs to ensure policies that advance such rights; (3) the United States Government should make it a priority to provide assistance to Afghan-led nongovernmental organizations, particularly Afghan women-led nonprofit organizations; and (4) grants and assistance to Afghanistan shall be conditioned upon the Government of Afghanistan adhering to international standards for women's rights and human rights. SEC. 4. ASSISTANCE TO WOMEN AND GIRLS. Section 103(a)(7) of the Afghan Freedom Support Act of 2002 (22 U.S.C. 7513(a)(7)) is amended-- (1) in subparagraph (A), by striking clauses (i) through (xii) and inserting the following: ``(i) to provide equipment, medical supplies, and other assistance to health care facilities for the purpose of reducing maternal and infant mortality and morbidity; ``(ii) to establish and expand programs to provide services to women and girls suffering from posttraumatic stress disorder, depression, and mental illness; ``(iii) to protect and provide services to vulnerable populations, including widows, orphans, and women head of households; ``(iv) to establish primary and secondary schools for girls that include mathematics, science, and languages in their primary curriculum; ``(v) to expand technical and vocational training programs to enable women to support themselves and their families; ``(vi) to maintain and expand adult literacy programs, including economic literacy programs that promote the well-being of women and their families; ``(vii) to provide special educational opportunities for girls whose schooling was ended by the Taliban and who now face obstacles to participating in the normal education system, such as girls who are now married and girls who are older than the normal age for their classes; ``(viii) to disseminate information throughout Afghanistan on the rights of women and on international standards for human rights; ``(ix) to provide information and assistance to enable women to exercise property, inheritance, and voting rights, and to ensure equal access to the judicial system; ``(x) to monitor and investigate violations of women's rights and to provide legal assistance to women who have suffered violations of their rights; ``(xi) to increase political and civil participation of women in all levels of society, including the criminal justice system; ``(xii) to provide information and training related to women's rights and human rights to military, police, and legal personnel; and ``(xiii) to provide assistance to the Ministry of Women's Affairs and the Independent Human Rights Commission for programs to advance the status of women.''; and (2) by restating subparagraph (B) to read as follows: ``(B) Availability of funds.--For each of the fiscal years 2007 through 2009-- ``(i) $5,000,000 is authorized to be appropriated to the President to be made available to the Afghan Ministry of Women's Affairs for the administration and conduct of its programs; ``(ii) $10,000,000 is authorized to be appropriated to the President to be made available to the Afghan Independent Human Rights Commission for the administration and conduct of its programs; and ``(iii) $30,000,000 is authorized to be appropriated to the President for grants to Afghan women-led nonprofit organizations to support activities including the construction, establishment, and operation of schools for married girls and girls' orphanages, vocational training for women and girls, health care clinics for women and children, programs to strengthen Afghan women-led organizations and women's leadership, and to provide monthly financial assistance to widows, orphans, and women head of households.''. SEC. 5. SENSE OF CONGRESS ON ASSISTANCE. It is the sense of Congress that, in providing assistance under section 103(a)(7) of the Afghan Freedom Support Act (22 U.S.C. 7513(a)(7)), as amended by section 4, the President should-- (1) condition the provision of such assistance on the recipient adhering to international standards for women's rights and human rights; and (2) ensure that Afghan women-led nongovernmental organizations throughout Afghanistan with demonstrated experience in delivering services to Afghan women and children receive grants without ethnic, religious, or any other discrimination. SEC. 6. REPORTING REQUIREMENT. (a) Reports Required.--Not later than 180 days after the date of the enactment of this Act, and every 6 months thereafter for 3 years, the Secretary of State and the Administrator of the United States Agency for International Development shall jointly submit a report on the activities carried out under this Act to the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on International Relations and the Committee on Appropriations of the House of Representatives. (b) Content.--Each report submitted under subsection (a) shall include the amount of assistance provided under section 103(a)(7) of the Afghan Freedom Support Act of 2002 (22 U.S.C. 7513(a)(7)), as amended by section 4, to-- (1) the Afghan Ministry of Women's Affairs; (2) the Afghan Independent Human Rights Commission; and (3) Afghan women-led nonprofit organizations. | Afghan Women Empowerment Act of 2006 - Expresses the sense of Congress that the protection of the rights of women and girls in Afghanistan and their full participation in the reestablishment of democracy are essential to Afghanistan's reconstruction, and to achieve such reconstruction the U.S. government must commit resources to advance the rights of women throughout Afghanistan. Amends the Afghan Freedom Support Act of 2002 to revise the provisions respecting assistance to women and girls in Afghanistan. Extends funding authority. Expresses the sense of Congress that the President should: (1) condition the provision of such assistance on the recipient adhering to international standards for women's rights and human rights; and (2) ensure that Afghan women-led nongovernmental organizations with demonstrated experience in delivering services to Afghan women and children receive grants without ethnic, religious, or any other discrimination. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Insurance Tax Fairness Act of 1994''. SEC. 2. REVISION OF LIMITATION ON DEDUCTION OF POLICYHOLDER DIVIDENDS BY MUTUAL LIFE INSURANCE COMPANIES. (a) In General.--Paragraph (2) of section 808(c) of the Internal Revenue Code of 1986 (relating to reduction in case of mutual companies) is amended to read as follows: ``(2) Limitation in case of mutual companies.-- ``(A) In general.--In the case of a mutual life insurance company, the amount allowed as a deduction under paragraph (1) for any taxable year shall not exceed the lesser of-- ``(i) 90 percent of the policyholder dividends paid or accrued by such company during such taxable year, or ``(ii) 30 percent of the life insurance company taxable income of such company for such taxable year (determined without regard to any deduction for policyholder dividends). In no event shall the limitation under this subparagraph for any taxable year be less than $35,000,000. ``(B) Treatment of stock companies owned by mutual life insurance companies.--Solely for purposes of this paragraph, a stock life insurance company shall be treated as a mutual life insurance company if stock possessing-- ``(i) at least 80 percent of the total combined voting power of all classes of stock of such stock life insurance company entitled to vote, or ``(ii) at least 80 percent of the total value of shares of all classes of stock of such stock life insurance company, is owned at any time during the calendar year directly (or through the application of section 318) by one or more mutual life insurance companies).'' (b) Repeal of Section 809.-- (1) Section 809 of such Code is hereby repealed. (2) Subparagraph (B) of section 807(a)(2) of such Code is amended to read as follows: ``(B) the amount of the policyholders' share of tax-exempt interest,''. (3) Subparagraph (B) of section 807(b)(1) of such Code is amended to read as follows: ``(B) the amount of the policyholders' share of tax-exempt interest,''. (4) Subparagraph (A) of section 812(b)(3) of such Code is amended by striking ``sections 808 and 809'' and inserting ``section 808''. (5) Subsection (c) of section 817 of such Code is amended by striking ``(other than section 809)''. (6) Subsection (c) of section 842 of such Code is amended by striking paragraph (3) and by redesignating paragraph (4) as paragraph (3). (c) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years beginning after December 31, 1993. (2) Recomputation under section 809(f) not affected.--The amendments made by this section shall not affect the application of section 809(f) of the Internal Revenue Code of 1986 (as in effect before its repeal by subsection (b)) in respect of any taxable year beginning before January 1, 1994. (3) Limitation on loss carrybacks.--In the case of a life insurance company subject to the limitation under section 808(b)(2) of such Code, no capital loss arising in a taxable year beginning after December 31, 1993, may be carried to a taxable year beginning before January 1, 1994. SEC. 3. SMALL LIFE INSURANCE COMPANIES EXEMPT FROM REQUIRED CAPITALIZATION OF CERTAIN POLICY ACQUISITION EXPENSES. Section 848 of the Internal Revenue Code of 1986 (relating to capitalization of certain policy acquisition expenses) is amended by adding at the end the following new subsection: ``(k) Exemption for Small Life Insurance Companies.--This section shall not require any small life insurance company (as defined in section 806) to capitalize any specified policy acquisition expenses for any taxable year beginning after December 31, 1993.'' SEC. 4. SENSE OF CONGRESS RELATING TO USE OF INCREASED REVENUES. It is the sense of the Congress that any increase in revenues to the Treasury resulting from the amendments made by this Act shall be dedicated to the funding of programs benefiting the nutrition, early education, housing, and family support of the Nation's children. | Insurance Tax Fairness Act of 1994 - Amends the Internal Revenue Code to revise the method for determining the limitation on the deduction of policyholder dividends by mutual life insurance companies. Exempts small life insurance companies from the required capitalization of certain policy acquisition expenses. Expresses the sense of the Congress that revenues resulting from this Act be dedicated to the funding of programs benefiting the nutrition, early education, housing, and family support of the Nation's children. |
SECTION 1. TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec. 1. Table of contents. TITLE I--BENEFIT MATTERS Sec. 101. Repeal of sunset on 2-year extension of Servicemembers' Group Life Insurance coverage for members of Armed Forces separating from service while totally disabled. Sec. 102. Authorization for increases by individuals of Veterans' Group Life Insurance coverage upon renewal. Sec. 103. Modification of month of death benefit for surviving spouses of veterans who die while entitled to compensation or pension. Sec. 104. Eligibility for presidential memorial certificates of individuals who die while serving in the active military, naval, or air service. TITLE II--LOAN GUARANTY MATTERS Sec. 201. Occupancy of property by dependent child of a veteran. Sec. 202. Covenants and liens created by public entities in response to disaster-relief assistance. TITLE III--OTHER MATTERS Sec. 301. Processing of applications for relief from adjudication of mental incompetence for certain purposes. TITLE I--BENEFIT MATTERS SEC. 101. REPEAL OF SUNSET ON 2-YEAR EXTENSION OF SERVICEMEMBERS' GROUP LIFE INSURANCE COVERAGE FOR MEMBERS OF ARMED FORCES SEPARATING FROM SERVICE WHILE TOTALLY DISABLED. (a) Separation or Release.--Paragraph (1)(A) of section 1968(a) of title 38, United States Code, is amended by striking clause (ii) and inserting the following new clause (ii): ``(ii) The date that is 2 years after the date of separation or release from such active duty or active duty for training, in the case of such a separation or release occurring on or after June 15, 2005.''. (b) Separation or Release From Certain Reserve Assignments.-- Paragraph (4) of such section is amended by striking subparagraph (B) and inserting the following new subparagraph (B): ``(B) The date that is 2 years after the date of separation or release from such assignment, in the case of such a separation or release occurring on or after June 15, 2005.''. SEC. 102. AUTHORIZATION FOR INCREASES BY INDIVIDUALS OF VETERANS' GROUP LIFE INSURANCE COVERAGE UPON RENEWAL. Section 1977(a) of title 38, United States Code, is amended-- (1) in paragraph (1), by striking the second sentence; and (2) by adding at the end the following new paragraph: ``(3) Subject to the second sentence of paragraph (1), a veteran who has not attained the age of 60 years and is insured under Veterans' Group Life Insurance for an amount less than the maximum amount of Servicemembers' Group Life Insurance in effect under section 1967(a)(3)(A)(i) of this title at the time of renewal of Veterans' Group Life Insurance under this section may increase the amount of the veteran's coverage under Veterans' Group Life Insurance by not more than $25,000 at the time of renewal.''. SEC. 103. MODIFICATION OF MONTH OF DEATH BENEFIT FOR SURVIVING SPOUSES OF VETERANS WHO DIE WHILE ENTITLED TO COMPENSATION OR PENSION. (a) Surviving Spouse Benefit for Month of Veteran's Death.-- Subsections (a) and (b) of section 5310 of title 38, United States Code, are amended to read as follows: ``(a) In General.--(1) A surviving spouse of a veteran is entitled to a benefit for the month of the veteran's death if at the time of the veteran's death-- ``(A) the veteran was receiving compensation or pension under chapter 11 or 15 of this title; or ``(B) the veteran was not receiving compensation or pension under chapter 11 or 15 of this title but the veteran had a claim pending for the month of the veteran's death for which benefits would have been payable under chapter 11 or 15 of this title had the veteran not died. ``(2) The amount of benefit under paragraph (1) is the amount that the veteran would have received under chapter 11 or 15 of this title for the month of the veteran's death had the veteran not died. ``(3) Any benefits payable under this section on behalf of a veteran who was not in receipt of such benefits as of the month of the veteran's death shall be paid to the surviving spouse as accrued benefits. ``(b) Claims Pending Adjudication.--If a claim for entitlement to compensation or additional compensation under chapter 11 of this title or pension or additional pension under chapter 15 of this title is pending at the time of a veteran's death and the check or other payment issued to the veteran's surviving spouse under subsection (a) is less than the amount of the benefit the veteran would have been entitled to for the month of death pursuant to the adjudication of the pending claim, an amount equal to the difference between the amount to which the veteran would have been entitled to receive under chapter 11 or 15 of this title for the month of the veteran's death had the veteran not died and the amount of the check or other payment issued to the surviving spouse shall be treated in the same manner as an accrued benefit under section 5121 of this title.''. (b) Month of Death Benefit Exempt From Delayed Commencement of Payment.--Section 5111(c)(1) of such title is amended by striking ``apply to'' and all that follows through ``death occurred'' and inserting the following: ``not apply to payments made pursuant to section 5310 of this title''. (c) Prohibition on Requests for Return of Certain Checks and Payments.--In the case of a surviving spouse who was a dependent with respect to whom additional compensation for dependents was payable under section 1115 of title 38, United States Code, or additional pension as a married veteran under chapter 15 of such title, as of the date of the veteran's death, if a check or other payment issued to the veteran as a benefit payment under chapter 11 or 15 of title 38, United States Code, for the month in which death occurs is negotiated, deposited, or otherwise accessed by the surviving spouse-- (1) the check or payment shall be considered to be the benefit payable to the surviving spouse under section 5310(a)(1) of title 38, United States Code (as amended by subsection (a)), to the extent that the check or payment equals the amount which would otherwise be payable under such section; and (2) the Secretary may not require the surviving spouse to return the check or payment. (d) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act, and shall apply with respect to deaths that occur on or after that date. SEC. 104. ELIGIBILITY FOR PRESIDENTIAL MEMORIAL CERTIFICATES OF INDIVIDUALS WHO DIE WHILE SERVING IN THE ACTIVE MILITARY, NAVAL, OR AIR SERVICE. Section 112 of title 38, United States Code, is amended-- (1) by amending subsection (a) to read as follows: ``(a)(1) At the request of the President, the Secretary may conduct a program for honoring the memory of covered individuals by preparing and sending to eligible recipients a certificate bearing the signature of the President and expressing the country's recognition of the covered individual's service in the Armed Forces. ``(2) The award of a certificate to one eligible recipient shall not preclude authorization of another certificate if a request is received from some other eligible recipient.''; (2) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (3) by inserting after subsection (a) the following new subsection (b): ``(b) For purposes of this section, a covered individual is any of the following: ``(1) A deceased veteran discharged under honorable conditions. ``(2) An individual who dies while serving in the active military, naval, or air service.''. TITLE II--LOAN GUARANTY MATTERS SEC. 201. OCCUPANCY OF PROPERTY BY DEPENDENT CHILD OF A VETERAN. Paragraph (2) of section 3704(c) of title 38, United States Code, is amended to read as follows: ``(2) In any case in which a veteran is in active duty status as a member of the Armed Forces and is unable to occupy a property because of such status, the occupancy requirements of this chapter shall be considered to be satisfied if-- ``(A) the veteran's spouse occupies or intends to occupy the property as a home and the spouse makes the certification required by paragraph (1) of this subsection; or ``(B) the veteran's dependent child occupies or will occupy the property as a home and the veteran's attorney-in-fact or a legal guardian of the veteran's dependent child makes the certification required by paragraph (1) of this subsection.''. SEC. 202. COVENANTS AND LIENS CREATED BY PUBLIC ENTITIES IN RESPONSE TO DISASTER-RELIEF ASSISTANCE. Paragraph (3) of section 3703(d) of title 38, United States Code, is amended to read as follows: ``(3)(A) Any real estate housing loan (other than for repairs, alterations, or improvements) shall be secured by a first lien on the realty. In determining whether a loan is so secured, the Secretary may either disregard or allow for subordination to a superior lien created by a duly recorded covenant running with the realty in favor of-- ``(i) a public entity that has provided or will provide assistance in response to a major disaster as declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170); or ``(ii) a private entity to secure an obligation to such entity for the homeowner's share of the costs of the management, operation, or maintenance of property, services, or programs within and for the benefit of the development or community in which the veteran's realty is located, if the Secretary determines that the interests of the veteran borrower and of the Government will not be prejudiced by the operation of such covenant. ``(B) With respect to any superior lien described in subparagraph (A) created after June 6, 1969, the Secretary's determination under clause (ii) of such subparagraph shall have been made prior to the recordation of the covenant.''. TITLE III--OTHER MATTERS SEC. 301. PROCESSING OF APPLICATIONS FOR RELIEF FROM ADJUDICATION OF MENTAL INCOMPETENCE FOR CERTAIN PURPOSES. (a) In General.--Chapter 55 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 5511. Processing of applications for relief from adjudication of mental incompetence for certain purposes ``Notwithstanding clause (ii) of section 101(c)(2)(A) of the NICS Improvement Amendments Act of 2007 (Public Law 110-180; 18 U.S.C. 922 note), each application for relief submitted to the Secretary under the program required by clause (i) of such section shall be processed by the Secretary not later than 180 days after the receipt of the application. If the Secretary fails to resolve such application for relief within 180 days for any reason, including a lack of appropriated funds, the Secretary shall be deemed to have granted such application for relief.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 55 of such title is amended by adding at the end the following new item: ``5511. Processing of applications for relief from adjudication of mental incompetence for certain purposes.''. | Title I: Benefit Matters - (Sec. 101) Extends, for those separated or released on or after June 15, 2005, the termination of Servicemembers' Group Life Insurance (SGLI) coverage for totally disabled veterans to two years after their separation or release from active duty or active duty for training of at least 30 days. (Sec. 102) Allows a veteran under age 60 and insured under Veterans' Group Life Insurance (VGLI) for less than the maximum SGLI amount ($400,000) to increase at renewal the VGLI coverage by up to $25,000 at the time of renewal. (Sec. 103) Entitles a surviving spouse to a benefit for the month of a veteran's death if, at the time of the veteran's death: (1) the veteran was receiving veterans' disability compensation or veteran's pension; or (2) the veteran was not receiving such compensation or pension but had a claim pending for the month of the veteran's death for which benefits would have been payable had the veteran not died. Prohibits the Secretary of Veterans Affairs (VA) from requesting the return of a check or payment made to a surviving spouse, in the month in which the veteran's death occurs, as additional compensation for a dependent or additional pension as a married veteran. (Sec. 104) Includes under the VA's presidential memorial certificate program (a program presenting a presidential certificate of appreciation for service in the Armed Forces) an individual who dies during active service. Title II: Loan Guaranty Matters - (Sec. 201) Deems as satisfying occupancy requirements necessary for a veteran's housing loan the occupancy by a veteran's dependent child, when the veteran is in active duty status and therefore unable to occupy the property. (Sec. 202) Allows the Secretary, in determining whether a VA-guaranteed housing loan is secured by a first lien, to either disregard or allow for subordination to a superior lien created by a recorded covenant in favor of a public entity that has provided or will provide assistance in response to a major disaster as declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act. Title III: Other Matters - (Sec. 301) Requires the VA to adjudicate appeals for relief from findings of mental incompetence made under the National Instant Criminal Background Check System (NICS) within 180 days after their receipt. Deems granted any appeals not processed within such period. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Equity and Access Act''. SEC. 2. 2-YEAR INCREASE IN MINIMUM PERCENTAGE INCREASE. Section 1853(c)(1)(C) of the Social Security Act (42 U.S.C. 1395w- 23(c)(1)(C)) is amended-- (1) in clause (iv), by striking ``and each succeeding year'' and inserting ``and 2003''; and (2) by inserting at the end the following new clauses: ``(v) For 2004 and 2005, 106.5 percent of the annual Medicare+Choice capitation rate under this paragraph for the area for the previous year. ``(vi) For 2006 and each succeeding year, 102 percent of the annual Medicare+Choice capitation rate under this paragraph for the area for the previous year.''. SEC. 3. INCLUSION OF COSTS OF DOD AND VA MILITARY FACILITY SERVICES TO MEDICARE-ELIGIBLE BENEFICIARIES IN CALCULATION OF MEDICARE+CHOICE PAYMENT RATES. Section 1853(c)(3) of the Social Security Act (42 U.S.C. 1395w- 23(c)(3)) is amended-- (1) in subparagraph (A), by striking ``subparagraph (B)'' and inserting ``subparagraphs (B) and (E)'', and (2) by adding at the end the following new subparagraph: ``(E) Inclusion of costs of dod and va military facility services to medicare-eligible beneficiaries.-- In determining the area-specific Medicare+Choice capitation rate under subparagraph (A) for a year (beginning with 2004), the annual per capita rate of payment for 1997 determined under section 1876(a)(1)(C) shall be adjusted to include in the rate the Secretary's estimate, on a per capita basis, of the amount of additional payments that would have been made in the area involved under this title if individuals entitled to benefits under this title had not received services from facilities of the Department of Defense or the Department of Veterans Affairs.''. SEC. 4. AVOIDING DUPLICATIVE STATE REGULATION. (a) In General.--Section 1856(b)(3) of the Social Security Act (42 U.S.C. 1395w-26(b)(3)) is amended to read as follows: ``(3) Relation to state laws.--The standards established under this subsection shall supersede any State law or regulation (other than State licensing laws or State laws relating to plan solvency) with respect to Medicare+Choice plans which are offered by Medicare+Choice organizations under this part.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act. SEC. 5. MEDICARE+CHOICE QUALITY PERFORMANCE PAYMENT INCENTIVE PROGRAM. (a) Establishment of Program.-- (1) In general.--The Secretary of Health and Human Services shall establish a program to provide financial incentive awards to Medicare+Choice organizations offering Medicare+Choice plans under part C of title XVIII of the Social Security Act that demonstrate the provision of superior quality health care to enrollees under the plan. (2) Period of program.--Awards under the program shall be made during 2005 and 2006, and shall be based upon the most recent available quality data. (b) Awards.-- (1) In general.--Of the amounts provided for the program under subsection (f) in each year, the Secretary shall allocate-- (A) 75 percent of such amounts for National Performance Quality Awards (described in subsection (c)), and (B) 25 percent of such amounts for State Performance Quality Awards (described in subsection (d)). (2) Limitations on Awards.--A Medicare+Choice organization offering a Medicare+Choice plan may not receive both a National and State Performance Quality Award in a year. No Medicare+Choice organization offering a Medicare+Choice plan is eligible for an award under this section unless it offers benefits throughout the year in which the award is paid. (3) Amount of award.--The amount of an award to a Medicare+Choice organization offering a Medicare+Choice plan eligible for the award shall be determined by multiplying the number of beneficiaries enrolled under the plan on the first day of the year for which the award is paid times a uniform dollar amount established by the Secretary. In no case may the uniform dollar amount for a State Performance Quality Award exceed the dollar amount for a National Performance Quality Award for the year involved. (4) Use of Awards.--Financial incentives received under an award under this section may only be used for the following purposes: (A) To reduce any beneficiary cost-sharing applicable under the plan. (B) To reduce any beneficiary premiums applicable under the plan. (C) To initiate, continue, or enhance a comprehensive disease management program or health care quality programs for beneficiaries. (D) To enhance beneficiary benefits under the plan. (E) To utilize the stabilization fund described in section 1854(f)(2) of the Social Security Act (42 U.S.C. 1395w-24(f)(2)). (5) Comprehensive disease management program described.--A comprehensive disease management program referred to in paragraph (4)(C) is a comprehensive program to manage chronic disease that includes the following: (A) A population identification process. (B) Evidence based practice guidelines. (C) Collaborative practice models that include physician and providers of support services. (D) Patient self-management education which may include primary prevention, behavior modification programs, and compliance and surveillance. (E) Process and outcome measurement, evaluation, and management. (F) Routine reporting among health care providers concerned and procedures for feedback. (G) Such other components that the Secretary determines reasonably improve health care outcomes. (c) National Performance Quality Awards.-- (1) In general.--The Secretary shall only award a National Performance Quality Award to Medicare+Choice organizations with respect to the Medicare+Choice plans offered by the organizations that demonstrate superior quality in the health care furnished to its enrollees. (2) Mandatory awards.--National Performance Quality Awards shall be given to the Medicare+Choice organizations with respect to the Medicare+Choice plans that receive ratings in the top 25th percentile of all plans rated by the Secretary pursuant to subsection (e). (d) State Performance Quality Awards.-- (1) In general.--The Secretary shall only award a State Performance Quality Award to Medicare+Choice organizations with respect to the Medicare+Choice plans offered by the organizations in that State that demonstrate the highest quality in the health care furnished to its enrollees. (2) Requirement for 2 plans.--A State Performance Quality Award may not be awarded in a State that has less than two Medicare+Choice organizations offering Medicare+Choice plans. (3) Minimum rating required.--A State Performance Quality Award shall be awarded to Medicare+Choice organizations offering Medicare+Choice plans in a State that receive a rating by the Secretary pursuant to subsection (e) in the 60th percentile, or higher, of the national ranking of all eligible plans. (4) Special consideration.--The Secretary may provide special consideration to Medicare+Choice organizations offering Medicare+Choice plans that serve predominantly rural areas or that demonstrate significant quality care improvements. (e) Rating Methodology.--In determining which Medicare+Choice organization offering Medicare+Choice plans qualify for an award under this section, the Secretary shall develop a scoring and ranking system using-- (1) the 2003 MCO standards and guideline methodology of the National Committee for Quality Assurance for awarding total HEDIS points (based on HEDIS and CAHPS measures) with an adjustment to incorporate the following three HEDIS outcome measures-- (A) cholesterol control after acute cardiovascular events, (B) HbA1c control for comprehensive diabetes care, and (C) cholesterol control for comprehensive diabetes care), and (2) audited HEDIS outcomes and process measures and CAHPS data as reported to the Department of Health and Human Services. (f) Payment From Medicare Trust Funds.--The Secretary shall provide for the transfer from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Insurance Trust Fund under title XVIII of the Social Security Act (42 U.S.C. 1395i, 1395t), in such proportions as the Secretary determines to be appropriate, of $500,000,000 for each of 2005 and 2006 for the costs of carrying out the project under this section. SEC. 6. INSTITUTE OF MEDICINE REPORT ON PAYMENT INCENTIVES AND PERFORMANCE UNDER THE MEDICARE+CHOICE PROGRAM. (a) Study.--The Secretary of Health and Human Services shall enter into an arrangement with the Institute of Medicine of the National Academy of Sciences under which the Institute shall conduct a study on clinical outcomes, performance, and quality of care under the Medicare+Choice program under part C of title XVIII of the Social Security Act. (b) Matters Studied.-- (1) In general.--In conducting the study under subsection (a), the Institute shall review and evaluate the public and private sector experience related to the establishment of performance measures and payment incentives. The review shall include an evaluation of the success, efficiency, and utility of structural process and performance measurements, and different methodologies that link performance to payment incentives. The review shall include the use of incentives-- (A) aimed at plans and their enrollees; (B) aimed at providers and their patients; (C) to encourage consumers to purchase based on quality and value; and (D) to encourage multiple purchasers, providers, beneficiaries, and plans within a community to work together to improve performance. (2) Identification of options.--As part of the study, the Institute shall identify options for providing incentives and rewarding performance, improve quality, outcomes, and efficiency in the delivery of programs and services under the Medicare+Choice program, including-- (A) periodic updates of performance measurements to continue rewarding outstanding performance and encourage improvements; (B) payments that vary by type of plan, such as preferred provider organization plans and MSA plans; (C) extension of incentives in the Medicare+Choice program to the fee for service program under title XVIII of the Social Security Act; and (D) performance measures needed to implement alternative methodologies to align payments with performance. (c) Report.--Not later than 18 months after the date of the enactment of this Act, the Institute shall submit to Congress and the Secretary a report on the study conducted under subsection (a). | Medicare Equity and Access Act - Amends part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act to provide for: (1) a two-year increase in the minimum percentage increase used in the calculation of annual Medicare+Choice capitation rates; (2) inclusion in the calculation of Medicare+Choice payment rates of the costs of Department of Defense and Department of Veterans Affairs military facility services to Medicare-eligible beneficiaries; and (3) preemption of duplicative State regulation.Directs the Secretary of Health and Human Services to: (1) establish a program to provide financial incentive awards to Medicare+Choice organizations offering plans that demonstrate the provision of superior quality health care to enrollees; (2) only award a National Performance Quality Award to Medicare+Choice organizations for plans that demonstrate superior quality in health care; (3) only award a State Performance Quality Award to Medicare+Choice organizations for plans that demonstrate the highest quality in health care furnished in the State; and (4) enter into an arrangement for the Institute of Medicine of the National Academy of Sciences to study clinical outcomes, performance, and quality of care under the Medicare+Choice program. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Cerros del Norte Conservation Act''. SEC. 2. DEFINITIONS. In this Act: (1) Map.--The term ``map'' means the map entitled ``Rio Grande del Norte National Monument Proposed Wilderness Areas'' and dated July 28, 2015. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) Wilderness area.--The term ``wilderness area'' means a wilderness area designated by section 3(a). SEC. 3. DESIGNATION OF CERRO DEL YUTA AND RIO SAN ANTONIO WILDERNESS AREAS. (a) In General.--In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following areas in the Rio Grande del Norte National Monument are designated as wilderness and as components of the National Wilderness Preservation System: (1) Cerro del yuta wilderness.--Certain land administered by the Bureau of Land Management in Taos County, New Mexico, comprising approximately 13,420 acres as generally depicted on the map, which shall be known as the ``Cerro del Yuta Wilderness''. (2) Rio san antonio wilderness.--Certain land administered by the Bureau of Land Management in Rio Arriba County, New Mexico, comprising approximately 8,120 acres, as generally depicted on the map, which shall be known as the ``Rio San Antonio Wilderness''. (b) Management of Wilderness Areas.--Subject to valid existing rights, the wilderness areas shall be administered in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and this Act, except that with respect to the wilderness areas designated by this Act-- (1) any reference to the effective date of the Wilderness Act shall be considered to be a reference to the date of enactment of this Act; and (2) any reference in the Wilderness Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary. (c) Incorporation of Acquired Land and Interests in Land.--Any land or interest in land within the boundary of the wilderness areas that is acquired by the United States shall-- (1) become part of the wilderness area in which the land is located; and (2) be managed in accordance with-- (A) the Wilderness Act (16 U.S.C. 1131 et seq.); (B) this Act; and (C) any other applicable laws. (d) Grazing.--Grazing of livestock in the wilderness areas, where established before the date of enactment of this Act, shall be administered in accordance with-- (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and (2) the guidelines set forth in appendix A of the Report of the Committee on Interior and Insular Affairs to accompany H.R. 2570 of the 101st Congress (H. Rept. 101-405). (e) Buffer Zones.-- (1) In general.--Nothing in this Act creates a protective perimeter or buffer zone around the wilderness areas. (2) Activities outside wilderness areas.--The fact that an activity or use on land outside a wilderness area can be seen or heard within the wilderness area shall not preclude the activity or use outside the boundary of the wilderness area. (f) Release of Wilderness Study Areas.--Congress finds that, for purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the public land within the San Antonio Wilderness Study Area not designated as wilderness by this section-- (1) has been adequately studied for wilderness designation; (2) is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and (3) shall be managed in accordance with this Act. (g) Maps and Legal Descriptions.-- (1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall file the map and legal descriptions of the wilderness areas with-- (A) the Committee on Energy and Natural Resources of the Senate; and (B) the Committee on Natural Resources of the House of Representatives. (2) Force of law.--The map and legal descriptions filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct errors in the legal description and map. (3) Public availability.--The map and legal descriptions filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (h) National Landscape Conservation System.--The wilderness areas shall be administered as components of the National Landscape Conservation System. (i) Fish and Wildlife.--Nothing in this Act affects the jurisdiction of the State of New Mexico with respect to fish and wildlife located on public land in the State. (j) Withdrawals.--Subject to valid existing rights, any Federal land within the wilderness areas designated by subsection (a), including any land or interest in land that is acquired by the United States after the date of enactment of this Act, is withdrawn from-- (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. (k) Treaty Rights.--Nothing in this Act enlarges, diminishes, or otherwise modifies any treaty rights. Passed the Senate December 21, 2017. Attest: JULIE E. ADAMS, Secretary. | . The expanded summary of the Senate reported version is repeated here.) Cerros del Norte Conservation Act (Sec. 3) This bill designates the Cerro del Yuta Wilderness (comprising approximately 13,420 acres) and Rio San Antonio Wilderness (comprising approximately 8,120 acres) within the Rio Grande del Norte National Monument in New Mexico as wilderness and as components of the National Wilderness Preservation System. The bill sets forth requirements for the management of the wilderness areas regarding: (1) livestock grazing, (2) the creation of protective perimeters and buffer zones, and (3) the jurisdiction of the state of New Mexico respecting fish and wildlife located on public land in New Mexico. The bill releases specified public land within the San Antonio Wilderness Study Area not designated as wilderness by this bill from further study for such a designation. The bill requires the wilderness areas to be administered as components of the National Landscape Conservation System. The bill withdraws any federal land within the wilderness areas, including any acquired land or interest, from: (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. The bill declares that nothing in this bill enlarges, diminishes, or otherwise modifies any treaty rights. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``9/11 Immigrant Worker Freedom Act''. SEC. 2. ADJUSTMENT OF STATUS FOR CERTAIN WORKERS AFTER TERRORIST ATTACKS. (a) Adjustment of Status.--The status of any alien described in subsection (b) may be adjusted by the Secretary of Homeland Security to that of an alien lawfully admitted for permanent residence, if the alien-- (1) applies for such adjustment not later than 1 year after the date of the enactment of this Act, which may be extended at the discretion of the Secretary in cases with compelling circumstances; (2) is not inadmissible to the United States under paragraph (2) or (3) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)), or deportable under paragraph (2) or (4) of section 237(a) of such Act (8 U.S.C. 1227(a)); except that in determining an alien's inadmissibility-- (A) offenses for which an essential element was the alien's immigration status shall not apply; (B) arrests or criminal charges on their own shall not apply; and (C) cases where a judgment has been expunged, set aside, or the equivalent shall not apply; and (3) not later than the date on which the application under paragraph (1) is submitted, satisfies any applicable Federal tax liability by establishing that-- (A) no such tax liability exists; or (B) all outstanding liabilities have been paid. (b) Aliens Eligible for Adjustment of Status.-- (1) In general.--The benefit provided by subsection (a) shall apply to any alien who-- (A) worked or volunteered onsite in rescue, recovery, debris cleanup, or related support services in lower Manhattan (south of Canal St.), the Staten Island Landfill, or the barge loading piers, for at least 4 hours during the period beginning on September 11, 2001, and ending on September 14, 2001, for at least 24 hours during the period beginning on September 11, 2001, and ending on September 30, 2001, or for at least 80 hours during the period beginning on September 11, 2001, and ending on July 31, 2002; (B) was a vehicle-maintenance worker who was exposed to debris from the former World Trade Center while retrieving, driving, cleaning, repairing, and maintaining vehicles contaminated by airborne toxins from the September 11, 2001, terrorist attacks for any time during the period beginning on September 11, 2001, and ending on July 31, 2002; (C) was a member of a fire or police department (whether fire or emergency personnel, active or retired), worked for a recovery or cleanup contractor, or was a volunteer; and performed rescue, recovery, demolition, debris cleanup, or other related services at the Pentagon site of the terrorist-related aircraft crash of September 11, 2001, during the period beginning on September 11, 2001, and ending on November 19, 2001; or (D) was a member of a fire or police department (whether fire or emergency personnel, active or retired), worked for a recovery or cleanup contractor, or was a volunteer; and performed rescue, recovery, demolition, debris cleanup, or other related services at the Shanksville, Pennsylvania, site of the terrorist-related aircraft crash of September 11, 2001, during the period beginning on September 11, 2001, and ending on October 3, 2001. (2) Exception.--An alien shall not be provided any benefit under this section if the Secretary of Homeland Security determines that the alien has willfully made a material misrepresentation or material omission in the proffer of information described in paragraph (1)(C). (c) Work Authorization.--The Secretary of Homeland Security may authorize an alien who has applied for adjustment of status under subsection (a) to engage in employment in the United States during the pendency of such application. (d) Construction.--Nothing in this section shall be construed to limit the existing authority of the Secretary of Homeland Security on the date of the enactment of this Act to require any form or other submission of information or to perform any background or security check for the purpose of determining the admissibility, or eligibility under this section, of any alien. (e) Waiver of Regulations.--The Secretary of Homeland Security shall issue guidance to carry out this section not later than 6 months after the date of the enactment of this Act, but is not required to promulgate regulations prior to implementing this section. (f) No Offset in Number of Visas Available.--When an alien is granted the status of having been lawfully admitted for permanent residence under this section, the Secretary of State shall not be required to reduce the number of immigrant visas authorized to be issued under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). (g) Definitions.--For purposes of this section: (1) The term ``applicable Federal tax liability'' means liability for Federal taxes, including penalties and interest, owed for any year for which the statutory period for assessment of any deficiency for such taxes has not expired. (2) Except as otherwise specifically provided in this section, the definitions used in the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) (excluding the definitions applicable exclusively to title III of such Act) shall apply in the administration of this section. | 9/11 Immigrant Worker Freedom Act This bill authorizes the Department of Homeland Security (DHS) to adjust to permanent resident the status a qualifying alien who applies for adjustment not later than one year after enactment of this bill and who, after the September 11, 2011, terrorist attacks: worked or volunteered on site in rescue, recovery, debris cleanup, or related support services in lower Manhattan, the Staten Island Landfill, or the barge loading piers for a specified number of hours during certain periods between September 11, 2001, and July 31, 2002; was a vehicle-maintenance worker who was exposed to debris from the former World Trade Center while retrieving, driving, cleaning, repairing, and maintaining vehicles contaminated by airborne toxins for any time during such period; or was a member of a fire or police department, worked for a recovery or cleanup contractor, or was a volunteer and performed rescue, recovery, demolition, debris cleanup, or other related services at the Pentagon site during the period between September 11, 2001, and November 19, 2001, or at the Shanksville, Pennsylvania, site during the period between September 11, 2001-October 3, 2001. DHS may authorize an alien who has applied for adjustment of status under this bill to work during the pendency of his or her application. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Government Customer Service Improvement Act of 2012''. SEC. 2. DEFINITIONS. In this Act: (1) Agency.--The term ``agency''-- (A) has the meaning given the term ``Executive agency'' under section 105 of title 5, United States Code; and (B) does not include an Executive agency if the President determines that this Act should not apply to the Executive agency for national security reasons. (2) Customer.--The term ``customer'', with respect to an agency-- (A) means any individual or entity to which the agency provides services or information; and (B) includes a business, a State or local government, another agency, and Congress. SEC. 3. DEVELOPMENT OF PERFORMANCE MEASURES AND STANDARDS FOR CUSTOMER SERVICE PROVIDED BY AGENCIES. (a) Requirement.-- (1) Performance measures and standards.--The Director of the Office of Management and Budget shall develop-- (A) performance measures to determine whether agencies are providing high-quality, timely customer service and improving service delivery to customers of the agencies; and (B) standards to be met by agencies in order to provide high-quality customer service and improve service delivery to customers of the agencies, including-- (i) specific milestones and performance targets for continuous service improvements and efforts to modernize service delivery; and (ii) where appropriate, target response times for telephone calls, electronic mail, mail, benefit processing, and payments. (2) Requirement to take into account certain information.-- The standards under paragraph (1) shall be developed after taking into account the information collected by agencies under subsection (b). (b) Customer Service Input.--The head of each agency shall collect information from customers of the agency regarding the quality of customer service provided by the agency. Each agency shall include the information collected under this subsection in the performance report made available by the agency under section 1116 of title 31, United States Code. (c) Annual Performance Update.--The Director of the Office of Management and Budget shall include achievements by agencies in meeting the customer service performance measures and standards developed under subsection (a) in each update on agency performance required under section 1116 of title 31, United States Code. SEC. 4. IMPLEMENTATION OF CUSTOMER SERVICE STANDARDS. (a) Service Improvement Officer.--The head of each agency shall designate an employee to be the service improvement officer of the agency, who shall be responsible for implementing the customer service standards developed under section 3 and the agency requirements under subsection (b). (b) Agency Requirements.-- (1) Guidelines and contact information.--The head of each agency, acting through the service improvement officer of the agency, shall-- (A) issue guidelines to implement the customer service standards developed under section 3 within the agency, including specific principles of customer service applicable to the agency, which shall include where appropriate-- (i) target call wait times during peak and non-peak hours; (ii) target response times for correspondence, both by mail and electronic mail; (iii) procedures for ensuring all applicable metrics are incorporated into service agreements with nongovernmental individuals and entities; and (iv) target response times for processing benefits and making payments; and (B) publish customer service contact information, including a mailing address, telephone number, and email address. (2) Availability.--The head of each agency, acting through the service improvement officer of the agency, shall make the guidelines and the customer service contact information required under this subsection available on the website of the agency. SEC. 5. SERVICE IMPROVEMENT UNIT PILOT. (a) Established.--The Deputy Director of Management shall establish a pilot program, to be known as the Service Improvement Unit Pilot Program (in this section referred to as the ``pilot program''), to provide assistance to agencies that do not meet the customer service standards and performance measures established under section 3. (b) Personnel.--The heads of agencies with expertise in change management, process improvement, and information technology innovation shall detail employees to the Office of Management and Budget to work on the pilot program, based on the expertise and skills required to address service improvement goals. (c) Responsibilities.--Under the pilot program, the Office of Management and Budget shall work with agencies that are not meeting the customer service standards and performance measures established under section 3 to improve and modernize service delivery to develop solutions, including-- (1) evaluating the efforts of the agency to improve service delivery; (2) developing a plan to improve within existing resources and by drawing on expertise and assistance from other agencies (including the Office of Management and Budget) where necessary; (3) monitoring implementation by the agency of the plan developed under paragraph (2) until the customer service standards and performance measures are met; and (4) submitting to the Director of Office of Management and Budget monthly reports on the progress being made to improve service at the agency until the customer service standards are met. (d) Report.--Not later than 2 years after the date of enactment of this Act, the Director of the Office of Management and Budget shall submit to Congress a report on the accomplishments and outcomes of the pilot program and any recommendations relating to achieving the customer service standards and performance measures established under section 3. (e) Termination.--The authority to carry out the pilot program shall terminate 2 years after the date of enactment of this Act. SEC. 6. PERFORMANCE APPRAISAL. Compliance with the customer service standards developed under this Act shall be included in the performance appraisal systems described in section 5307(d) of title 5, United States Code. SEC. 7. RETIREMENT REPORTING. (a) Definition.--In this section, the term ``agency'' has the meaning given that term in section 551 of title 5, United States Code. (b) Reports.--Not later than 30 days after the date of enactment of this Act, and every month thereafter, the Director of the Office of Personnel Management shall submit to Congress, the Comptroller General of the United States, and issue publicly (including on the website of the Office of Personnel Management) a report that-- (1) for each agency, evaluates the timeliness, completeness, and accuracy of information submitted by the agency relating to employees of the agency who are retiring; and (2) indicates-- (A) the total number of applications for retirement benefits that are pending action by the Office of Personnel Management; and (B) the number of months each such application has been pending. (c) Modernization Timeline.--The Director of the Office of Personnel Management shall establish-- (1) a timetable for the completion of each component of the retirement systems modernization project of the Office of Personnel Management, including all data elements required for accurate completion of adjudication; and (2) the date by which all Federal payroll processing entities will electronically transmit all personnel data to the Office of Personnel Management. (d) Budget Request.--The Office of Personnel Management shall include a detailed statement regarding the progress of the Office of Personnel Management in completing the retirement systems modernization project of the Office of Personnel Management in each budget request of the Office of Personnel Management submitted as part of the preparation of the budget of the President submitted to Congress under section 1105(a) of title 31, United States Code. SEC. 8. NO INCREASE IN EXPENDITURES. It is the sense of Congress that no additional funds should be appropriated to carry out this Act. | Government Customer Service Improvement Act of 2012 - Directs the Director of the Office of Management and Budget (OMB) to: (1) develop performance measures to determine whether federal agencies are providing high-quality, timely, customer service and improving delivery service, (2) develop customer service and service delivery standards for such agencies, and (3) include achievements in meeting such performance measures and standards in agency performance updates. Requires the head of each federal agency to designate an agency employee to be its service improvement officer, who shall issue guidelines to implement customer service standards and publish customer service contact information. Directs the OMB Deputy Director of Management to establish a two-year Service Improvement Unit Pilot Program to provide assistance to agencies that do not meet such customer service standards and performance measures. Requires the Director of the Office of Personnel Management (OPM) to: (1) report to Congress and the Comptroller General (GAO) on information submitted by each federal agency on its employees who are retiring, and (2) establish a timetable for the completion of its retirement systems modernization project. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Affordable Health Insurance Act of 1998''. SEC. 2. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT. (a) Premium Limitations With Respect to Individual Coverage.-- Section 2741 of the Public Health Service Act (42 U.S.C. 300gg-41) is amended-- (1) by redesignating the second subsection (e) and subsection (f) as subsections (f) and (g), respectively; and (2) by adding at the end thereof the following: ``(h) Premium Limitations.-- ``(1) In general.--With respect to an eligible individual desiring to enroll in, or renew, individual health insurance coverage under this section, the health insurance issuer that offers such coverage shall not charge such individual a premium rate for such coverage that is higher than a rate equal to 150 percent of the average standard risk rate (as determined under paragraph (2)) of the issuer for individual health insurance offered in the State or applicable marketing or service area (as determined pursuant to regulations). ``(2) Average standard risk rate.--As used in paragraph (1), the term `average standard risk rate' means the following: ``(A) Guaranteed issue of all policies.--In the case of a health insurance issuer that meets the requirements of this section with respect to individual health insurance coverage by meeting the requirements of subsection (a)(1), the standard risk rate for the policy in which the eligible individual is enrolled or desires to enroll. ``(B) Guaranteed issue of two most popular policies.--In the case of a health insurance issuer that meets the requirements of this section with respect to individual health insurance coverage through a mechanism described in subsection (c)(2), the standard risk rate for the policy in which the eligible individual is enrolled or desires to enroll. ``(C) Guaranteed issue of two policy forms with representative coverage.--In the case of a health insurance issuer that meets the requirements of this section with respect to individual health insurance coverage through a mechanism described in subsection (c)(3), the average of the standard risk rates for the most common policy forms offered by the issuer in the State or applicable marketing or service area (as determined pursuant to regulations), established using reasonable actuarial techniques to adjust for the difference in actuarial values among such policy forms, subject to review and approval or disapproval of the applicable regulatory authority. (b) State Flexibility.--Section 2744(c) of the Public Health Service Act (42 U.S.C. 300gg-44(c)) is amended-- (1) in paragraph (1), by inserting before the period the following: ``, except that in applying any such model act, an eligible individual shall not be charged a premium rate that is higher than a rate equal to 150 percent of the standard risk rate of the issuer''; (2) in paragraph (2)(B), by inserting before the period the following: ``, except that an eligible individual shall not be charged a premium rate that is higher than a rate equal to 150 percent of the standard risk rate as determined under the Model Plan''; and (3) by adding at the end the following: ``(4) Limitation.-- ``(A) In general.--In the case of a mechanism described in subparagraph (A) or (B) of paragraph (3), a State shall not be considered to be implementing an acceptable alternative mechanism unless the mechanism limits the amount of premium rates that may be charged to eligible individuals to not more than 150 percent of the standard risk rate. ``(B) Standard risk rate.--For purposes of subparagraph (A), the term `standard risk rate' means-- ``(i) in the case of a mechanism under paragraph (3)(A), and as determined by the Secretary to be appropriate with respect to the State mechanism involved-- ``(I) the rate determined under section 2741(h)(2)(A); ``(II) the rate determined pursuant to the standards included in the Model Plan described in paragraph (2)(B); or ``(III) the rate determined pursuant to such other method of calculation as is determined by the State and approved by the Secretary as appropriate to achieve the goal of this subsection; and ``(ii) in the case of a mechanism under paragraph (3)(B), the rate determined under section 2741(h)(2)(A).''. SEC. 3. EFFECTIVE DATE. The amendments made by-- (1) section 2(a) shall apply to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on the date that is 6 months after the date of enactment of the Act; and (2) section 2(b) shall apply with respect to a State that adopted an alternative mechanism under section 2744 of the Public Health Service Act (42 U.S.C. 300gg-44) on the date that is 1 year after the date of enactment of this Act. | Affordable Health Insurance Act of 1998 - Amends the Public Health Service Act to limit the premiums an insurer may charge for new or renewal individual enrollment for an individual who is eligible because of prior group coverage. Adds the same limit to provisions relating to State flexibility in individual market reforms. |
SECTION 1. FINDINGS. Congress finds the following: (1) Apprenticeships can help veterans bridge the gap between service in the Armed Forces and civilian employment by-- (A) receiving on-the-job training under the direct supervision of a professional and classroom instruction; (B) implementing skills the veterans acquired while in the Armed Forces; (C) providing practical work experience to the veterans; and (D) forming professional connections to fellow members of skilled occupations. (2) According to the Employment and Training Administration of the Department of Labor, in fiscal year 2016-- (A) more than 21,000 apprenticeship programs across the United States are registered with the Administration; (B) approximately 1,700 new apprenticeship programs were established in the United States; (C) more than 206,000 individuals across the United States entered an apprenticeship program; (D) more than 505,000 apprentices sought to acquire skills to earn the wages necessary for financial security; and (E) approximately 49,000 individuals graduated from apprenticeship programs. SEC. 2. EDUCATIONAL ASSISTANCE FOR VETERANS WHO PURSUE CERTAIN APPRENTICESHIP PROGRAMS. Section 3313(g)(3) of title 38, United States Code, is amended by adding at the end the following new subparagraphs: ``(E) In the case of an individual pursuing a program of apprenticeship (that is registered with the Employment and Training Administration of the Department of Labor) on more than a half-time but less than full-time basis, an annual stipend for tuition and fees not to exceed the lesser of-- ``(i) the actual net cost for tuition and fees for the program of apprenticeship after the application of any waiver of, or reduction in, tuition and fees; or ``(ii) 25 percent of the amount calculated under subsection (c)(1)(A)(ii). ``(F) In the case of an individual pursuing a program of apprenticeship (that is registered with the Employment and Training Administration of the Department of Labor and for which the individual provides proof of current registration to the Secretary) that is not sponsored by the employer of the individual, an annual stipend for tuition and fees not to exceed the lesser of-- ``(i) the actual net cost for tuition and fees for the program of apprenticeship after the application of any waiver of, or reduction in, tuition and fees; or ``(ii) 25 percent of the amount calculated under subsection (c)(1)(A)(ii).''. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that apprenticeship programs that are not sponsored by employers of participants in such programs should supply professional development resources and interview training to the participants. SEC. 4. PILOT PROGRAM FOR VETERANS WHO PURSUE COMPUTER NUMERICALLY CONTROLLED MACHINING CERTIFICATIONS. (a) Pilot Program.--The Secretary of Veterans Affairs shall carry out a pilot program under which the Secretary shall provide eligible veterans with the opportunity to enroll in certification programs in computer numerically controlled machining. (b) Eligibility.--For purposes of the pilot program under this section, an eligible veteran is a veteran who is entitled to educational assistance under the laws administered by the Secretary. (c) Contracts.-- (1) In general.--For purposes of carrying out subsection (a), by not later than 180 days after the date of the enactment of this Act, the Secretary shall seek to enter into contracts with multiple qualified providers of certification programs in computer numerically controlled machining for the provision of such programs to eligible veterans under the pilot program. (2) Payment of contractors.--A contract under this subsection shall provide that the Secretary shall pay to a provider-- (A) 25 percent of the cost of providing the certification program upon the enrollment of an eligible veteran in the program; (B) 25 percent of such cost upon the completion of the program by the veteran; and (C) 50 percent of such cost upon the employment of the veteran following completion of the program. (3) Qualified providers.--For purposes of the pilot program, a provider of a certification program in computer numerically controlled machining is qualified if the provider has been operational for at least two years. (4) Tuition reimbursement.--In entering into contracts to carry out the pilot program, the Secretary shall give preference to a qualified provider that offers tuition reimbursement for any student who-- (A) completes a certification program offered by the provider; and (B) does not find full-time meaningful employment within the 180-day period beginning on the date the student completes the program. (d) Housing Stipend.--The Secretary shall pay to each eligible veteran who is enrolled in a certification program in computer numerically controlled machining under the pilot program on a full-time basis a monthly housing stipend equal to the product of-- (1) in the case of-- (A) a veteran pursuing resident training, the monthly amount of the basic allowance for housing payable under section 403 of title 37, United States Code, for a member with dependents in pay grade E-5 who resides in the military housing area that encompasses all or the majority of the ZIP code area in which the campus at which the veteran attends training or classes is located; or (B) a veteran pursuing a certification program through distance learning, a monthly amount equal to 50 percent of the amount payable under subparagraph (A); and (2) the lesser of-- (A) 1.0; or (B) the number of course hours carried by the individual in pursuit of the certification program involved, divided by the minimum number of course hours required for full-time pursuit of such certification program, rounded to the nearest tenth. (e) Certification Program in Computer Numerically Controlled Machining Defined.--In this section, the term ``certification program in computer numerically controlled machining'' means a training program that-- (1) is offered by an entity-- (A) other than an institution of higher learning; or (B) that is a professional organization; (2) does not lead to a degree; and (3) leads to a National Institute for Metalworking Skills credential or certification in computer numerically controlled machining. (f) Reports.-- (1) Secretary of veterans affairs.--Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report on the pilot program under this section. (2) Comptroller general.-- (A) Interim report.--Not later than three years after the date on which the Secretary first enters into a contract under this section, the Comptroller General of the United States shall submit to Congress a report containing the results of the interim assessment of the Comptroller General. Such report shall include the recommendations of the Comptroller General for improving the pilot program and an assessment of each of the following: (i) The manufacturing and training experience of the directors and instructors of the providers of certification programs in computer numerically controlled machining under the pilot program. (ii) Whether the providers followed training curricula commonly used in the industry (including curricula from the National Institute for Metalworking Skills) for the certification programs. (iii) Whether the providers use open source curricula for the certification programs. (iv) The admittance rate into the pilot program. (v) The job placement rate for veterans who completed a certification program under the pilot program. (vi) The average salary of veterans who completed a certification program under the pilot program and were subsequently employed. (vii) The average age of veterans who participated in the pilot program. (B) Final report.--Not later than five years after the date on which the Secretary first enters into a contract under this section, the Comptroller General shall submit to Congress a final report on the pilot program. Such report shall include the recommendation of the Comptroller General with respect to whether the program should be extended and an assessment of each of the following: (i) Each item described in clauses (i) through (vii) of subparagraph (A). (ii) The percentage of veterans who completed a certification program under the pilot program who were subsequently employed for a period of six months or longer. (g) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Veterans Affairs $5,000,000 for each fiscal year during which the Secretary carries out a pilot program under this section. (h) Termination.--The authority to carry out a pilot program under this section shall terminate on the date that is five years after the date on which the Secretary first enters into a contract under this section. SEC. 5. COMPTROLLER GENERAL REVIEW OF THE CAREER TECHNICAL TRAINING TRACK OF THE TRANSITION ASSISTANCE PROGRAM. Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a review of the career technical training track of the Transition Assistance Program of the Department of Veterans Affairs (specifically with regard to the effectiveness of educating participants about apprenticeship opportunities) and submit to Congress a report on the results of the review and any recommendations of the Comptroller General for improving the program. | This bill provides educational assistance to veterans who pursue certain apprenticeship programs registered with the Employment and Training Administration of the Department of Labor. It is the sense of Congress that apprenticeship programs that are not sponsored by program participants' employers should provide the participants with professional development resources and interview training. The Department of Veterans Affairs (VA) shall carry out a pilot program to provide eligible veterans with the opportunity to enroll in certification programs in computer numerically controlled machining. The Government Accountability Office shall report to Congress regarding the career technical training track of the VA's Transition Assistance Program, including its effectiveness in educating participants about apprenticeship opportunities. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Craig Municipal Equity Act of 1999''. SEC. 2. FINDINGS. Congress finds and declares the following: (1) Section 6(a) of the Alaska Statehood Act (48 U.S.C., note preceding section 21) granted 400,000 acres of national forest land to the State of Alaska for the purpose of furthering development of and expansion of communities. In 1969, the State of Alaska selected 17,040 acres of this Federal land grant at the request of the city of Craig, Alaska, but this and other selections were not approved by the United States Forest Service. (2) On December 18, 1971, the Alaska Native Claims Settlement Act (48 U.S.C. 1601 et seq.) was enacted to settle outstanding Native aboriginal claims to lands in the State of Alaska. The settlement included the direction to convey certain lands to Alaska Native village corporations located in Southeast Alaska. These conveyances included all of the public land in the vicinity of the city of Craig that was selected by the State of Alaska in 1969. (3) Pursuant to ANCSA, the Federal Government conveyed 3,960 acres of public land within the city of Craig, and all public land surrounding the community, to 2 Native village corporations. These adjoining conveyances occupy 93 percent of the 4,258 acres within the city limits of the city of Craig. Outside of the existing 200-acre Craig townsite, no other land within 10 miles of the Craig city limits has been available for selection under the Alaska Statehood Act. (4) In the Alaska National Interest Lands Conservation Act (16 U.S.C. 3101 et seq.), the Congress exempted Native corporations from municipal taxation of their underdeveloped land, and enacted a tax recapture provision, in section 907(d)(5) of that Act (43 U.S.C. 1636(d)(5)), that acts as a further disincentive to development of Native village corporation land. (5) Under the laws of the State of Alaska, incorporated municipalities are entitled to a share of available State land within their corporate limits. However, the enactment of ANCSA and circumstances experienced by no other municipality in Alaska, including Federal land conveyances to 2 adjoining Native village corporations, has prevented the city of Craig from acquiring a State land entitlement. (6) Since 1971, the city of Craig has grown from a population of 250 people to nearly 2,500 people and its demographics have changed, making it difficult for Craig to qualify for many programs enacted by the Congress to provide assistance to villages with majority Alaska Native populations. (7) Provisions of Federal tax laws and Federal land conveyances have had the unintended effect of preventing the city of Craig from exercising its governmental powers to tax 93 percent of the land within the municipality, and to receive any of the Federal land grant promised at the time of Alaska statehood for community expansion and development. SEC. 3. REQUIREMENT TO CONVEY LANDS. (a) In General.--The Secretary of Agriculture shall, subject to valid existing rights, convey to the city of Craig, Alaska, all right, title, and interest of the United States in and to the lands described in subsection (b). (b) Legal Description.--The lands referred to in subsection (a) are all Federal lands in the following described protracted and partially surveyed townships in the Copper River Meridian, Alaska: copper river meridian, alaska T. 71 S., R. 81 E. Section 24, E\1/2\; Section 25, E\1/2\, S\1/2\SW\1/4\; Section 36. Containing 1360 acres, more or less. T. 71 S., R. 82 E. Section 19, S\1/2\SW\1/4\; Section 29, W\1/4\NW\1/4\, N\1/2\SW\1/4\; Section 30, All; Section 31, All. Containing 1500 acres, more or less. T. 72 S., R. 82 E. Section 5, SW\1/4\NW\1/4\, W\1/2\, SW\1/4\; Section 6, All; Section 7, NE\1/4\NE\1/4\; Section 8, W\1/2\, SW\1/4\SE\1/4\; Section 17, NW\1/4\NW\1/4\, E\1/2\NW\1/4\, NE\1/ 4\SW\1/4\, W\1/2\NE\1/4\, NW\1/4\SE\1/4\, S\1/2\SE\1/ 4\; Section 20, NE\1/4\. Containing 1672 acres, more or less. Aggregating 4532 acres, more or less. (c) Deadline.--The Secretary shall complete all conveyances required by subsection (a) within 90 days after the date of enactment of this Act. (d) Escrow Account.-- (1) In general.--All amounts received by the United States on or after the date of enactment of this Act as proceeds of contracts, leases, permits, rights-of-way, or easements pertaining to the land to be conveyed under subsection (a) shall be deposited into a separate account in the Treasury. (2) Investment.--The Secretary of the Treasury shall invest moneys in the account in public debt securities with maturities suitable to the needs of the account, as determined by the Secretary of the Treasury, and bearing interest at rates determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturity. Amounts earned on such investments shall be deposited in the account. (3) Use.--Amounts in the account shall, subject to appropriations, be paid by the Secretary to the city of Craig at the time of conveyance under subsection (a) of lands from which the amounts are derived. (e) Timber Export Restriction.--Notwithstanding any other provision of law, timber harvested from land conveyed to the city of Craig under this section shall not be transported from Alaska by any person as unprocessed logs, and shall not be conveyed by any person for purposes of such transport. (f) Relation to Other Requirements.--Notwithstanding any other provision of law, the land conveyed to the city of Craig under this section shall be considered in lieu of land not conveyed under the Alaska Statehood Act for the purpose of furthering development of and expansion of the city of Craig. Such conveyance is not subject to the provisions of the Alaska Statehood Act, nor does it limit or restrict the State of Alaska's land entitlement under section 6(a) of that Act. (g) Maps.-- (1) Filing.--Maps depicting lands to be conveyed under this section shall be maintained on file and available for public inspection-- (A) in the District of Columbia, in the Office of the Chief of the United States Forest Service and in the Office of the Secretary of the Interior; and (B) in Craig, Alaska, in the office of the Craig Ranger District. (2) Controlling effect.--The acreages cited in subsection (b) are approximate. If there is any discrepancy between any such cited acreage and the land depicted on the maps, the maps shall control. The maps shall not be construed to convey State of Alaska or private land. SEC. 4. DEFINITIONS. In this Act: (1) ANCSA.--The term ``ANCSA'' means the Alaska Native Claims Settlement Act (48 U.S.C. 1601 et seq.). (2) Alaska statehood act.--The term ``Alaska Statehood Act'' means Public Law 85-508 (48 U.S.C., note preceding section 21). (3) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. | Requires that all amounts received by the United States after enactment of this Act as proceeds of contracts, leases, permits, rights-of-way, or easements be deposited into a separate Treasury account and invested. Requires such amounts in such account to be paid by the Secretary to the city at the time of conveyance of land from which the amounts are derived. Prohibits timber harvested from land conveyed to the city from being transported as unprocessed logs from Alaska or conveyed for purposes of such transport. Provides that the land conveyed under this Act shall be considered in lieu of land not conveyed under the Alaska Statehood Act for the purpose of furthering development and expansion of the city. . |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Philanthropic Facilitation Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; Table of Contents. Sec. 2. Facilitation of program-related investments. Sec. 3. Declaratory judgment remedy. Sec. 4. Information returns. Sec. 5. Publicity of information. Sec. 6. Conforming amendments. Sec. 7. Regulations. Sec. 8. Effective date. SEC. 2. FACILITATION OF PROGRAM-RELATED INVESTMENTS. Subsection (c) of section 4944 of the Internal Revenue Code of 1986 is amended to read as follows: ``(c) Program Related Investments.-- ``(1) Treatment of program related investments.--For purposes of this subchapter, program-related investments-- ``(A) are not investments which jeopardize the carrying out of one or more purposes described in section 170(c)(2)(B), ``(B) are not business holdings under section 4943, and ``(C) may be qualifying distributions under section 4942. ``(2) Program-related investments defined.-- ``(A) In general.--For purposes of this subchapter and chapter 61, an investment made by a private foundation constitutes a program-related investment if-- ``(i) the primary purpose of the investment is to accomplish one or more of the purposes described in section 170(c)(2)(B), ``(ii) no significant purpose of the investment is the production of income or the appreciation of property, and ``(iii) no purpose of the investment is to accomplish one or more of the purposes described in section 170(c)(2)(D). ``(B) Special rules.--For purposes of subparagraph (A)-- ``(i) determinations of whether an investment qualifies as a program-related investment shall be based on consideration of all relevant facts and circumstances, and ``(ii) the fact that the entity produces significant income or capital appreciation shall not, in the absence of other factors, be conclusive evidence of a significant purpose involving the production of income or the appreciation of property. ``(3) Safe harbor determinations.--The Secretary shall establish a procedure which shall be substantially similar to the processes for recognition of exemption under section 501(a) or 4945(g) and under which an entity seeking to receive program-related investments may petition the Secretary for a determination that, based on consideration of all relevant facts and circumstances, investments by private foundations in such entity will be program-related investments meeting the requirements of paragraph (2). Under this procedure, the Secretary shall rule on all requests within 120 days of submission. ``(4) Effect of determination.--Once a determination has been made that investments in an entity qualify as program- related investments, organizations making such investments shall be entitled to rely on the determination, unless and until the Secretary publishes notice of revocation of the determination. ``(5) Voluntary nature of process.--Entities seeking program-related investments are not required to seek a determination under paragraph (3), and the absence of such a determination shall not affect the ability of a private foundation to make a program-related investment based on its own determination that the investment qualifies as a program- related investment. ``(6) Organizations treated as private foundations.--For purposes of this subsection and section 6104A, all references to private foundations include organizations that are treated as private foundations under any of the provisions of sections 4940 through 4948, inclusive, whether created under state law or the law of any federally-recognized tribe.''. SEC. 3. DECLARATORY JUDGMENT REMEDY. Paragraph (1) of section 7428(a) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of subparagraph (C) and by adding after subparagraph (D) the following new subparagraph: ``(E) with respect to whether investments in an entity are program-related investments (as described in section 4944(c)(2)), or''. SEC. 4. INFORMATION RETURNS. Part III of subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by inserting after section 6033 the following new section: ``SEC. 6033A. INFORMATION REPORTING BY FOR-PROFIT ORGANIZATIONS RECEIVING PROGRAM-RELATED INVESTMENTS. ``(a) Organizations Required To File.--If investments in an entity have been determined to be program-related investments through a determination of the Internal Revenue Service pursuant to section 4944(c)(3) or by a determination of a court pursuant to section 7428(a), the entity shall, in addition to any other applicable filing obligations, file an annual return providing the information specified in subsection (b) for any taxable year in which it receives or retains one or more program-related investments (as defined in section 4944(c)(2)). ``(b) Required Reporting.--The return described in subsection (a) shall provide, in such manner and at such time as the Secretary may by forms or regulations prescribe, the following information-- ``(1) the organization's gross income for the year, ``(2) its expenses attributable to such income incurred within the year, ``(3) its disbursements within the year for one or more purposes described in section 170(c)(2)(B), together with a narrative statement describing the results obtained from the use of those assets for such one or more purposes described in section 170(c)(2)(B), ``(4) a balance sheet showing its assets, liabilities, and net worth as of the beginning and end of such year, ``(5) the names and addresses of all private foundations holding program-related investments in the organization, ``(6) a statement of the portion of its liabilities and net worth that represent capitalization obtained by means of program-related investments as of the beginning and end of such year, ``(7) a statement of any interest, dividends, or other distributions paid with respect to any program-related investments during the year, and ``(8) such other information as may be necessary for the return described in subsection (a) to satisfy the annual financial reporting required by the expenditure responsibility rules pursuant to the regulations under section 4945 or as the Secretary may by forms or regulations prescribe.''. SEC. 5. PUBLICITY OF INFORMATION. Subchapter B of chapter 61 of the Internal Revenue Code of 1986 is amended by inserting after section 6104 the following new section: ``SEC. 6104A. PUBLICITY OF INFORMATION REGARDING ORGANIZATIONS RECEIVING PROGRAM-RELATED INVESTMENTS. ``(a) Inspection of Petitions for Determination of Program-Related Investment Status.--If an entity seeks a determination pursuant to section 4944(c)(3) that investments by private foundations in such organization will be program-related investments, the petition seeking such a determination, together with any documents submitted in support of such petition and any determination or other document issued by the Internal Revenue Service with respect to such petition, shall be open to public inspection at the national office of the Internal Revenue Service. ``(b) Inspection of Annual Information Returns.--The information required to be furnished by section 6033A, together with the names and addresses of such entity, shall be made available to the public at such times and in such places as the Secretary may prescribe. ``(c) Public Inspection of Petitions and Annual Information Returns.--Any entity that receives a determination from the Internal Revenue Service that private foundation investments shall be program- related investments pursuant to section 4944(c)(3) shall make copies available at the organization's principal office, during regular business hours, of the petition for such determination (together with supporting materials provided with the petition and documents issued by the Internal Revenue Service with respect to such petition), as well as the annual returns required by section 6033A filed by such organization. Upon request of an individual made at such principal office, copies of such petition materials and annual reports shall be provided to such individual without charge other than a reasonable fee for any reproduction and mailing costs. The inspection and duplication rights granted in this subsection shall apply to an annual return only during the three-year period beginning on the last day prescribed for filing such return (determined with regard to any extension of time for filing). ``(d) Limitation on Providing Copies.--Paragraph (c) shall not apply to any request if, in accordance with regulations promulgated by the Secretary, the entity has made the requested documents widely available, or the Secretary determines, upon application by an entity, that such request is part of a harassment campaign and that compliance with such request is not in the public interest.''. SEC. 6. CONFORMING AMENDMENTS. (a) Conforming Change to Section 501(n).--Paragraph (4)(A) of section 501(n) of the Internal Revenue Code of 1986 is amended by inserting ``paragraph (2) of'' before ``section 4944(c).'' (b) Conforming Change to Section 514(b).--Paragraph (1) of section 514(b) of the Internal Revenue Code of 1986 is amended by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F) and by inserting after subparagraph (C) the following new subparagraph: ``(D) any property owned or treated as owned by a private foundation by virtue of its having made an investment in an entity that has received a determination from the Internal Revenue Service pursuant to section 4944(c)(3), or by a court pursuant to section 7428(a), that such investments in such entity qualify as program-related investments;''. (c) Conforming Change to Section 4943(d).--Paragraph (3) of section 4943(d) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of subparagraph (A), by redesignating subparagraph (B) as subparagraph (C) and by inserting after subparagraph (A) the following new subparagraph: ``(B) any program-related investment, as defined in section 4944(c)(2), or''. SEC. 7. REGULATIONS. The Secretary of the Treasury shall, not later than 1 year after the date of the enactment of this Act, amend any applicable regulations as may be necessary or appropriate to implement any amendments contained in this Act or to carry out the purposes of this Act, including providing additional examples of qualifying program-related investments. SEC. 8. EFFECTIVE DATE. The amendments made by this Act shall apply to investments made after the date of the enactment of this Act in taxable years ending after such date. | Philanthropic Facilitation Act - Amends the Internal Revenue Code to: (1) expand the definition of, and requirements relating to, "program-related investments" made by private foundations to for-profit entities to further certain charitable purposes; (2) allow a judicial determination (i.e., declaratory judgment) as to whether investments in any entity qualify as program-related investments; (3) require expanded reporting by for-profit entities that receive program-related investments of their gross income, expenses, disbursements, and other information; and (4) allow public inspection of any petition seeking a determination that an investment by a private foundation is a program-related investment and of any information reported by organizations receiving program-related investments. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``National Bone Marrow Registry Reauthorization Act of 1998''. SEC. 2. REAUTHORIZATION. (a) Establishment of Registry.--Section 379(a) of the Public Health Service Act (42 U.S.C. 274k(a)) is amended-- (1) by striking ``(referred to in this part as the `Registry') that meets'' and inserting ``(referred to in this part as the `Registry') that has the purpose of increasing the number of transplants for recipients suitably matched to biologically unrelated donors of bone marrow, and that meets''; (2) by striking ``under the direction of a board of directors that shall include representatives of'' and all that follows and inserting the following: ``under the direction of a board of directors meeting the following requirements: ``(1) Each member of the board shall serve for a term of 2 years, and each such member may serve as many as 3 consecutive 2- year terms, except that such limitations shall not apply to the Chair of the board (or the Chair-elect) or to the member of the board who most recently served as the Chair. ``(2) A member of the board may continue to serve after the expiration of the term of such member until a successor is appointed. ``(3) In order to ensure the continuity of the board, the board shall be appointed so that each year the terms of approximately one-third of the members of the board expire. ``(4) The membership of the board shall include representatives of marrow donor centers and marrow transplant centers; recipients of a bone marrow transplant; persons who require or have required such a transplant; family members of such a recipient or family members of a patient who has requested the assistance of the Registry in searching for an unrelated donor of bone marrow; persons with expertise in the social sciences; and members of the general public; and in addition nonvoting representatives from the Naval Medical Research and Development Command and from the Division of Organ Transplantation of the Health Resources and Services Administration.''. (b) Program for Unrelated Marrow Transplants.-- (1) In general.--Section 379(b) of the Public Health Service Act (42 U.S.C. 274k(b)) is amended by redesignating paragraph (7) as paragraph (8), and by striking paragraphs (2) through (6) and inserting the following: ``(2) carry out a program for the recruitment of bone marrow donors in accordance with subsection (c), including with respect to increasing the representation of racial and ethnic minority groups (including persons of mixed ancestry) in the enrollment of the Registry; ``(3) carry out informational and educational activities in accordance with subsection (c); ``(4) annually update information to account for changes in the status of individuals as potential donors of bone marrow; ``(5) provide for a system of patient advocacy through the office established under subsection (d); ``(6) provide case management services for any potential donor of bone marrow to whom the Registry has provided a notice that the potential donor may be suitably matched to a particular patient (which services shall be provided through a mechanism other than the system of patient advocacy under subsection (d)), and conduct surveys of donors and potential donors to determine the extent of satisfaction with such services and to identify ways in which the services can be improved; ``(7) with respect to searches for unrelated donors of bone marrow that are conducted through the system under paragraph (1), collect and analyze and publish data on the number and percentage of patients at each of the various stages of the search process, including data regarding the furthest stage reached; the number and percentage of patients who are unable to complete the search process, and the reasons underlying such circumstances; and comparisons of transplant centers regarding search and other costs that prior to transplantation are charged to patients by transplant centers; and''. (2) Report of inspector general; plan regarding relationship between registry and donor centers.--The Secretary of Health and Human Services shall ensure that, not later than 1 year after the date of the enactment of this Act, the National Bone Marrow Donor Registry (under section 379 of the Public Health Service Act) develops, evaluates, and implements a plan to effectuate efficiencies in the relationship between such Registry and donor centers. The plan shall incorporate, to the extent practicable, the findings and recommendations made in the inspection conducted by the Office of the Inspector General (Department of Health and Human Services) as of January 1997 and known as the Bone Marrow Program Inspection. (c) Program for Information and Education.--Section 379 of the Public Health Service Act (42 U.S.C. 274k) is amended by striking subsection (j), by redesignating subsections (c) through (i) as subsections (e) through (k), respectively, and by inserting after subsection (b) the following subsection: ``(c) Recruitment; Priorities; Information and Education.-- ``(1) Recruitment; priorities.--The Registry shall carry out a program for the recruitment of bone marrow donors. Such program shall identify populations that are underrepresented among potential donors enrolled with the Registry. In the case of populations that are identified under the preceding sentence: ``(A) The Registry shall give priority to carrying out activities under this part to increase representation for such populations in order to enable a member of such a population, to the extent practicable, to have a probability of finding a suitable unrelated donor that is comparable to the probability that an individual who is not a member of an underrepresented population would have. ``(B) The Registry shall consider racial and ethnic minority groups (including persons of mixed ancestry) to be populations that have been identified for purposes of this paragraph, and shall carry out subparagraph (A) with respect to such populations. ``(2) Information and education regarding recruitment; testing and enrollment.-- ``(A) In general.--In carrying out the program under paragraph (1), the Registry shall carry out informational and educational activities for purposes of recruiting individuals to serve as donors of bone marrow, and shall test and enroll with the Registry potential donors. Such information and educational activities shall include the following: ``(i) Making information available to the general public, including information describing the needs of patients with respect to donors of bone marrow. ``(ii) Educating and providing information to individuals who are willing to serve as potential donors, including providing updates. ``(iii) Training individuals in requesting individuals to serve as potential donors. ``(B) Priorities.--In carrying out informational and educational activities under subparagraph (A), the Registry shall give priority to recruiting individuals to serve as donors of bone marrow for populations that are identified under paragraph (1). ``(3) Transplantation as treatment option.--In addition to activities regarding recruitment, the program under paragraph (1) shall provide information to physicians, other health care professionals, and the public regarding the availability, as a potential treatment option, of receiving a transplant of bone marrow from an unrelated donor.''. (d) Patient Advocacy and Case Management.--Section 379 of the Public Health Service Act (42 U.S.C. 274k), as amended by subsection (c) of this section, is amended by inserting after subsection (c) the following subsection: ``(d) Patient Advocacy; Case Management.-- ``(1) In general.--The Registry shall establish and maintain an office of patient advocacy (in this subsection referred to as the `Office'). ``(2) General functions.--The Office shall meet the following requirements: ``(A) The Office shall be headed by a director. ``(B) The Office shall operate a system for patient advocacy, which shall be separate from mechanisms for donor advocacy, and which shall serve patients for whom the Registry is conducting, or has been requested to conduct, a search for an unrelated donor of bone marrow. ``(C) In the case of such a patient, the Office shall serve as an advocate for the patient by directly providing to the patient (or family members, physicians, or other individuals acting on behalf of the patient) individualized services with respect to efficiently utilizing the system under subsection (b)(1) to conduct an ongoing search for a donor. ``(D) In carrying out subparagraph (C), the Office shall monitor the system under subsection (b)(1) to determine whether the search needs of the patient involved are being met, including with respect to the following: ``(i) Periodically providing to the patient (or an individual acting on behalf of the patient) information regarding donors who are suitability matched to the patient, and other information regarding the progress being made in the search. ``(ii) Informing the patient (or such other individual) if the search has been interrupted or discontinued. ``(iii) Identifying and resolving problems in the search, to the extent practicable. ``(E) In carrying out subparagraph (C), the Office shall monitor the system under subsection (b)(1) to determine whether the Registry, donor centers, transplant centers, and other entities participating in the Registry program are complying with standards issued under subsection (e)(4) for the system for patient advocacy under this subsection. ``(F) The Office shall ensure that the following data are made available to patients: ``(i) The resources available through the Registry. ``(ii) A comparison of transplant centers regarding search and other costs that prior to transplantation are charged to patients by transplant centers. ``(iii) A list of donor registries, transplant centers, and other entities that meet the applicable standards, criteria, and procedures under subsection (e). ``(iv) The posttransplant outcomes for individual transplant centers. ``(v) Such other information as the Registry determines to be appropriate. ``(G) The Office shall conduct surveys of patients (or family members, physicians, or other individuals acting on behalf of patients) to determine the extent of satisfaction with the system for patient advocacy under this subsection, and to identify ways in which the system can be improved. ``(3) Case management.-- ``(A) In general.--In serving as an advocate for a patient under paragraph (2), the Office shall provide individualized case management services directly to the patient (or family members, physicians, or other individuals acting on behalf of the patient), including-- ``(i) individualized case assessment; and ``(ii) the functions described in paragraph (2)(D) (relating to progress in the search process). ``(B) Postsearch functions.--In addition to the case management services described in paragraph (1) for patients, the Office may, on behalf of patients who have completed the search for an unrelated donor, provide information and education on the process of receiving a transplant of bone marrow, including the posttransplant process.''. (e) Criteria, Standards, and Procedures.--Section 379(e) of the Public Health Service Act (42 U.S.C. 274k), as redesignated by subsection (c) of this section, is amended by striking paragraph (4) and inserting the following: ``(4) standards for the system for patient advocacy operated under subsection (d), including standards requiring the provision of appropriate information (at the start of the search process and throughout the process) to patients and their families and physicians;''. (f) Report.--Section 379 of the Public Health Service Act, as amended by subsection (c) of this section, is amended by adding at the end the following subsection: ``(l) Annual Report Regarding Pretransplant Costs.--The Registry shall annually submit to the Secretary the data collected under subsection (b)(7) on comparisons of transplant centers regarding search and other costs that prior to transplantation are charged to patients by transplant centers. The data shall be submitted to the Secretary through inclusion in the annual report required in section 379A(c).''. (g) Conforming Amendments.--Section 379 of the Public Health Service Act, as amended by subsection (c) of this section, is amended-- (1) in subsection (f), by striking ``subsection (c)'' and inserting ``subsection (e)''; and (2) in subsection (k), by striking ``subsection (c)(5)(A)'' and inserting ``subsection (e)(5)(A)'' and by striking ``subsection (c)(5)(B)'' and inserting ``subsection (e)(5)(B)''. SEC. 3. RECIPIENT REGISTRY. Part I of title III of the Public Health Service Act (42 U.S.C. 274k et seq.) is amended by striking section 379A and inserting the following: ``SEC. 379A. BONE MARROW SCIENTIFIC REGISTRY. ``(a) Establishment of Recipient Registry.--The Secretary, acting through the Registry under section 379 (in this section referred to as the `Registry'), shall establish and maintain a scientific registry of information relating to patients who have been recipients of a transplant of bone marrow from a biologically unrelated donor. ``(b) Information.--The scientific registry under subsection (a) shall include information with respect to patients described in subsection (a), transplant procedures, and such other information as the Secretary determines to be appropriate to conduct an ongoing evaluation of the scientific and clinical status of transplantation involving recipients of bone marrow from biologically unrelated donors. ``(c) Annual Report on Patient Outcomes.--The Registry shall annually submit to the Secretary a report concerning patient outcomes with respect to each transplant center. Each such report shall use data collected and maintained by the scientific registry under subsection (a). Each such report shall in addition include the data required in section 379(l) (relating to pretransplant costs).''. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended-- (1) by transferring section 378 from the current placement of the section and inserting the section after section 377; and (2) in part I, by inserting after section 379A the following section: ``SEC. 379B. AUTHORIZATION OF APPROPRIATIONS. ``For the purpose of carrying out this part, there are authorized to be appropriated $18,000,000 for fiscal year 1999, and such sums as may be necessary for each of the fiscal years 2000 through 2003.''. SEC. 5. STUDY BY GENERAL ACCOUNTING OFFICE. (a) In General.--During the period indicated pursuant to subsection (b), the Comptroller General of the United States shall conduct a study of the National Bone Marrow Donor Registry under section 379 of the Public Health Service Act for purposes of making determinations of the following: (1) The extent to which, relative to the effective date of this Act, such Registry has increased the representation of racial and ethnic minority groups (including persons of mixed ancestry) among potential donors of bone marrow who are enrolled with the Registry, and whether the extent of increase results in a level of representation that meets the standard established in subsection (c)(1)(A) of such section 379 (as added by section 2(c) of this Act). (2) The extent to which patients in need of a transplant of bone marrow from a biologically unrelated donor, and the physicians of such patients, have been utilizing the Registry in the search for such a donor. (3) The number of such patients for whom the Registry began a preliminary search but for whom the full search process was not completed, and the reasons underlying such circumstances. (4) The extent to which the plan required in section 2(b)(2) of this Act (relating to the relationship between the Registry and donor centers) has been implemented. (5) The extent to which the Registry, donor centers, donor registries, collection centers, transplant centers, and other appropriate entities have been complying with the standards, criteria, and procedures under subsection (e) of such section 379 (as redesignated by section 2(c) of this Act). (b) Report.--A report describing the findings of the study under subsection (a) shall be submitted to the Congress not later than October 1, 2001. The report may not be submitted before January 1, 2001. SEC. 6. COMPLIANCE WITH NEW REQUIREMENTS FOR OFFICE OF PATIENT ADVOCACY. With respect to requirements for the office of patient advocacy under section 379(d) of the Public Health Service Act, the Secretary of Health and Human Services shall ensure that, not later than 180 days after the effective date of this Act, such office is in compliance with all requirements (established pursuant to the amendment made by section 2(d)) that are additional to the requirements that under section 379 of such Act were in effect with respect to patient advocacy on the day before the date of the enactment of this Act. SEC. 7. EFFECTIVE DATE. This Act takes effect October 1, 1998, 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. | National Bone Marrow Registry Reauthorization Act of 1998 - Amends the Public Health Service Act to set forth the purpose of the National Bone Marrow Donor Registry and impose requirements regarding its board of directors. Sets forth program functions, including regarding collection, analysis, and publication of data on donor searches. Mandates implementation of a plan to effectuate efficiencies between the Registry and donor centers. Requires the Registry to: (1) recruit donors; (2) give priority to recruiting populations underrepresented among potential donors; and (3) consider racial and ethnic minority groups underrepresented. Requires the Registry to maintain an office of patient advocacy meeting specified requirements, including providing case management. Allows the office to provide information on the process of receiving a bone marrow transplant, including the posttransplant process. Mandates maintenance of a scientific registry regarding patients who have received marrow from an unrelated donor. Authorizes appropriations to carry out the Registry provisions. Mandates a study of the Registry and report to the Congress by the Comptroller General regarding specified aspects of the Registry. Directs the Secretary of Health and Human Services, by a specified period after the effective date of this Act, to ensure that the office of patient advocacy (mandated by this Act) is in compliance with certain requirements. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Concussion Treatment and Care Tools Act of 2008'' or the ``ConTACT Act of 2008''. SEC. 2. FINDINGS. Congress finds the following: (1) Concussions are mild traumatic brain injuries, the long-term effects of which are not well understood. (2) As many as 3.8 million concussions related to sports and recreation are estimated to occur in the United States each year. (3) There is an increased risk for subsequent brain injuries among persons who have had at least one previous brain injury. (4) A repeat concussion, one that occurs before the brain recovers from a previous concussion, can slow recovery or increase the likelihood of having long-term problems. (5) In rare cases, repeat concussions can result in second impact syndrome, which can be marked by brain swelling, permanent brain damage, and death. (6) Recurrent brain injuries and second impact syndrome are highly preventable. (7) Many national organizations, including the American Academy of Neurology, the National Football League, the American Academy of Family Physicians, and the Brain Injury Association of America, have adopted concussion management guidelines, but multiple directives have created confusion and sparked debate. SEC. 3. CONCUSSION MANAGEMENT GUIDELINES WITH RESPECT TO STUDENT ATHLETES. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by inserting after section 317T the following: ``SEC. 317U. CONCUSSION MANAGEMENT GUIDELINES WITH RESPECT TO STUDENT ATHLETES. ``(a) Grants to States.-- ``(1) In general.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may make grants to States for the purposes of-- ``(A) establishing, disseminating, and ensuring the implementation by schools of concussion management guidelines with respect to the prevention, identification, treatment, and management of sports- related concussions in student athletes, including standards for student athletes to return to play after a concussion; and ``(B) funding implementation by schools of computerized pre-season baseline and post-injury neuropsychological testing for student athletes. ``(2) Grant applications.--To be eligible to receive a grant under this section, a State shall submit an application at such time, in such manner, and containing such information as the Secretary shall require. An application for the first grant to a State under this section shall include at least an agreement to establish concussion management guidelines with respect to the student athletes in such State. ``(3) Utilization of local chapters of national brain injury organizations.--In establishing, disseminating, and ensuring the implementation by schools of concussion management guidelines pursuant to a grant under this section, States shall utilize, to the extent practicable, applicable expertise and services offered by local chapters of national brain injury organizations. ``(b) Conference on Concussion Management Guidelines.--Not later than 2 years after the date of the enactment of this section, the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall convene a conference of medical, athletic, and educational stakeholders to establish model concussion management guidelines with respect to student athletes. ``(c) Coordination of Activities.--In carrying out activities under this section, the Secretary shall appropriately coordinate with Federal departments and agencies that carry out activities related to concussions and traumatic brain injuries. ``(d) Report.--Not later than 2 years after the date of the enactment of this section, the Secretary shall submit to Congress a report describing the results of activities carried out under this section, including the number of States that have established concussion management guidelines and the number of schools that have implemented computerized pre-season baseline and post-injury neuropsychological testing for student athletes. ``(e) Definitions.--In this section, the following definitions apply: ``(1) The term `State' means each of the 50 States and the District of Columbia. ``(2) The term `student athlete' means an individual in any of the grades 6th through 12th who participates in a sport through their school. ``(f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $5,000,000 for fiscal year 2009 and such sums as may be necessary for each of fiscal years 2010 through 2013.''. | Concussion Treatment and Care Tools Act of 2008 or the ConTACT Act of 2008 - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to make grants to states for: (1) establishing, disseminating, and ensuring the implementation by schools of concussion management guidelines with respect to the prevention, identification, treatment, and management of sports-related concussions in student athletes, including standards for student athletes to return to play after a concussion; and (2) funding implementation by schools of computerized preseason baseline and post-injury neuropsychological testing for student athletes. Directs states to utilize, to the extent practicable, applicable expertise and services offered by local chapters of national brain injury organizations. Requires the Secretary, acting through the Director, to convene a conference of medical, athletic, and educational stakeholders to establish model concussion management guidelines with respect to student athletes. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Micro Drone Safety and Innovation Act of 2016''. SEC. 2. OPERATION OF MICRO UNMANNED AIRCRAFT SYSTEMS. (a) In General.--Subtitle B of title III of the FAA Modernization and Reform Act of 2012 (Public Law 112-95; 49 U.S.C. 40101 note) is amended by adding at the end the following: ``SEC. 337. SPECIAL RULE FOR MICRO UNMANNED AIRCRAFT SYSTEMS. ``(a) Requirements for Operation of Micro Unmanned Aircraft Systems.-- ``(1) In general.--A micro unmanned aircraft system and the operator of that system shall qualify for the exemptions described under subsections (b), (c), and (d) if the system is operated-- ``(A) at an altitude of less than 400 feet above ground level; ``(B) at an airspeed not greater than 40 knots; ``(C) within the visual line of sight of the operator; ``(D) during the hours between sunrise and sunset; and ``(E) except as provided in paragraph (2), not less than 5 statute miles from the geographic center of an airport with an operational air traffic control tower or an airport denoted on a current aeronautical chart published by the Federal Aviation Administration. ``(2) Operation within 5 statute miles of an airport.--A micro unmanned aircraft system may be operated within 5 statute miles of an airport described in paragraph (1)(E) if, before the micro unmanned aircraft system is operated within 5 statute miles of the airport, the operator of the micro unmanned aircraft system-- ``(A) provides notice to the airport operator; and ``(B) in the case of an airport with an operational air traffic control tower, receives approval from the air traffic control tower. ``(b) Exemptions for Operators of Micro Unmanned Aircraft Systems.--Notwithstanding sections 44703 and 44711 of title 49, United States Code, part 61 of title 14, Code of Federal Regulations, or any other provision of a statute, rule, or regulation relating to airman certification, any person may operate a micro unmanned aircraft system in accordance with subsection (a) without being required-- ``(1) to pass any aeronautical knowledge test; ``(2) to meet any age or experience requirement; or ``(3) to obtain an airman certificate or medical certificate. ``(c) Exemption From Airworthiness Standards.--Notwithstanding any provision of chapter 447 of title 49, United States Code, or any other provision of a statute, rule, or regulation relating to certification of aircraft or aircraft parts or equipment, a micro unmanned aircraft system operated in accordance with subsection (a) and component parts and equipment for that system shall not be required to meet airworthiness certification standards or to obtain an airworthiness certificate. ``(d) Exemptions From Operational Regulations.-- ``(1) Part 91 regulations.--Sections 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), and 91.407(a)(1), paragraphs (1) and (2) of section 91.409(a), and subsections (a) and (b) of section 91.417 of title 14, Code of Federal Regulations, shall not apply with respect to the operation of a micro unmanned aircraft system in accordance with subsection (a). ``(2) Certificate of waiver or authorization.--A micro unmanned aircraft system operated in accordance with subsection (a) may be operated by any person without a certificate of authorization or waiver from the Federal Aviation Administration. ``(3) Future regulations.--A micro unmanned aircraft system operated in accordance with subsection (a), and the operator of such a system, shall be exempt from any additional requirements that may be prescribed pursuant to this subtitle after the date of the enactment of the Micro Drone Safety and Innovation Act of 2016. ``(e) Alternative Regulations.--Instead of being operated in accordance with subsection (a), a micro unmanned aircraft may be operated pursuant to any form of authorization, operational rules, or exemptions pertaining to unmanned aircraft systems prescribed by the Administrator, except that a micro unmanned aircraft and its operator shall be exempt from any requirement for an airman certificate or medical certificate. ``(f) Micro Unmanned Aircraft System Defined.--In this section, the term `micro unmanned aircraft system' means an unmanned aircraft system the aircraft component of which weighs not more than 4.4 pounds, including payload.''. (b) Clerical Amendment.--The table of contents for the FAA Modernization and Reform Act of 2012 is amended by inserting after the item relating to section 336 the following: ``Sec. 337. Operation of micro unmanned aircraft systems.''. | Micro Drone Safety and Innovation Act of 2016 This bill amends the FAA Modernization and Reform Act of 2012 to make a special rule for any micro unmanned aircraft system whose aircraft component, including payload, weighs at most 4.4 pounds (micro drone). A micro drone and its operator shall qualify for exemptions from certain airman certification, airworthiness, and operational regulations if the system is operated: at an altitude under 400 feet above ground level, at an airspeed under 40 knots, within the operator's visual line of sight, between sunrise and sunset, and at least five statute miles from the geographic center of an airport that either has an operational air traffic control tower or is denoted on a current aeronautical chart published by the Federal Aviation Administration (FAA). A micro drone may also be operated within five statute miles of such an airport if, beforehand, the operator notifies the airport operator and receives approval from the air traffic control tower, if the airport has one. Under the exemptions of this bill, any person may operate a micro drone without being required to: pass any aeronautical knowledge test, meet any age or experience requirement, or obtain an airman certificate or medical certificate. In an alternative to the requirements of this bill, a micro drone may be operated pursuant to any form of FAA-prescribed authorization, operational rules, or exemptions pertaining to unmanned aircraft systems; but both the aircraft and its operator shall remain exempt from any requirement for an airman certificate or medical certificate. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Storage Promotion and Deployment Act of 2015''. SEC. 2. ENERGY STORAGE PORTFOLIO STANDARD. (a) In General.--Title VI of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2601 et seq.) is amended by adding at the end the following: ``SEC. 610. ENERGY STORAGE PORTFOLIO STANDARD. ``(a) Definitions.--In this section: ``(1) Energy storage device.--The term `energy storage device' includes a device used to store energy using pumped hydropower, compressed air, batteries or other electrochemical forms (including hydrogen for fuel cells), thermal forms (including hot water and ice), flywheels, capacitors, superconducting magnets, and other energy storage devices, to be available for use when the energy is needed. ``(2) Retail electric supplier.-- ``(A) In general.--The term `retail electric supplier' means a person that-- ``(i) sells electric energy to electric consumers; and ``(ii) sold not less than 500,000 megawatt hours of electric energy to electric consumers for purposes other than resale during the preceding calendar year. ``(B) Inclusion.--The term `retail electric supplier' includes a person that sells electric energy to electric consumers that, in combination with the sales of any affiliate organized after the date of enactment of this section, sells not less than 500,000 megawatt hours of electric energy to consumers for purposes other than resale. ``(C) Exclusions.--The term `retail electric supplier' does not include-- ``(i) the United States, a State, any political subdivision of a State, or any agency, authority, or instrumentality of the United States, a State, an Indian tribe, or a political subdivision; or ``(ii) a rural electric cooperative. ``(D) Sales to parent companies or affiliates.--For purposes of this paragraph, sales by any person to a parent company or to other affiliates of the person shall not be treated as sales to electric consumers. ``(b) Requirements.-- ``(1) Primary standards.--Subject to paragraph (2) and except as provided in subsection (e)(2), each retail electric supplier shall achieve compliance with the following energy storage portfolio standards by the following dates: ``(A) January 1, 2021.--Not later than January 1, 2021, each retail electric supplier shall have available on the system of the retail electric supplier energy storage devices with a power capacity rating equal to not less than 1 percent of the annual average peak power demand of the system, as-- ``(i) measured over a 1-hour period; and ``(ii) averaged over the period of calendar years 2017 through 2019. ``(B) January 1, 2025.--Not later than January 1, 2025, each retail electric supplier shall have available on the system of the retail electric supplier energy storage devices with a power capacity rating equal to not less than 2 percent of the annual average peak power demand of the system, as-- ``(i) measured over a 1-hour period; and ``(ii) averaged over the period of calendar years 2021 through 2023. ``(2) Secondary standard.--Of each applicable storage capacity required under paragraph (1), at least 50 percent shall be sufficient to provide electricity at the rated capacity for a duration of not less than 1 hour. ``(c) Inclusions.--The following may be used to comply with the energy storage portfolio standards established by subsection (b): ``(1) Energy storage devices associated with a retail customer of the retail electric supplier. ``(2) Energy storage owned or operated by the retail electric supplier. ``(3) Energy storage devices that are electrically connected to the retail electric supplier and available to provide power, including storage owned by-- ``(A) a third party; ``(B) a regional transmission entity; or ``(C) a transmission or generation entity. ``(d) Exclusion.--An energy storage device placed in operation before January 1, 2009, may not be used to achieve compliance with the energy storage portfolio standards established by subsection (b). ``(e) Deadline for Compliance.-- ``(1) In general.--Subject to paragraph (2), the chief executive officer of each retail electric supplier shall certify to the Secretary compliance with the energy storage portfolio standards established by subsection (b) by the applicable dates specified in that subsection. ``(2) Waivers.-- ``(A) In general.--Notwithstanding any other provision of this section, the Secretary may provide to a retail electric supplier a waiver of an applicable deadline under subsection (b) for a period of 1 calendar year, if the Secretary determines that achieving compliance by the applicable deadline would present undue hardship to-- ``(i) the retail electric supplier; or ``(ii) ratepayers of the retail electric supplier. ``(B) Additional waivers.--The Secretary may provide to a retail electric supplier such additional 1-year waivers under subparagraph (A) as the Secretary determines to be appropriate on making a subsequent determination under that subparagraph.''. (b) Table of Contents Amendment.--The table of contents of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. prec. 2601) is amended by adding at the end of the items relating to title VI the following: ``Sec. 609. Rural and remote communities electrification grants. ``Sec. 610. Energy storage portfolio standard.''. | Energy Storage Promotion and Deployment Act of 2015 This bill amends the Public Utility Regulatory Policies Act of 1978 to establish national energy storage standards for certain electric power suppliers (utilities) that sell at least 500,000 megawatt hours of electric energy annually. Each supplier must have energy storage devices that have the capacity to provide at least 1% of its annual average peak power demand by 2021 and 2% by 2025. Suppliers must also meet a secondary standard. Energy storage devices include those used to store energy using pumped hydropower, compressed air, batteries or other electrochemical forms, thermal forms, flywheels, capacitors, and superconducting magnets. The standards do not apply to rural electric cooperatives or government-owned suppliers. An energy storage device placed in operation before January 1, 2009, may not be used to achieve compliance with the standards. The Department of Energy may provide one-year waivers from the deadlines if achieving the standard by the deadline would present undue hardship to the supplier or its ratepayers. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Plastic Bag Reduction Act of 2009''. SEC. 2. IMPOSITION OF TAX ON SINGLE-USE CARRYOUT BAGS. (a) General Rule.--Chapter 31 of the Internal Revenue Code of 1986 (relating to environmental taxes) is amended by inserting after subchapter C the following new subchapter: ``Subchapter D--Single-Use Carryout Bags ``Sec. 4056. Imposition of tax. ``SEC. 4056. IMPOSITION OF TAX. ``(a) General Rule.--There is hereby imposed on any retail sale a tax on any single-use carryout bag. ``(b) Amount of Tax.--The amount of tax imposed by subsection (a) on any single-use carryout bag shall be-- ``(1) $0.05 on and after January 1, 2010, and before January 1, 2015, and ``(2) $0.25 on and after January 1, 2015. ``(c) Liability for Tax.--The retailer shall be liable for the tax imposed by subsection (a). ``(d) Definitions.--For purposes of this section-- ``(1) Single-use bag.-- ``(A) In general.--The term `single-use carryout bag' means a carryout bag, including a grocery sack, dry-cleaning bag, take-out food bag, retail bag, membership or wholesaler bag, and service station bag, manufactured or imported for use by a retail seller at a point of sale with a customer. ``(B) Exceptions.--Such term does not include-- ``(i) any reusable bag, ``(ii) any bag manufactured for use by a customer inside a store to package bulk items such as fruit, vegetables, nuts, grains, candy, or small hardware items, such as nails and bolts, ``(iii) any bag manufactured for use by a pharmacist to contain prescription drugs, and ``(iv) any bag manufactured to be sold at retail in packages containing multiple bags intended for use as garbage, pet waste, or yard waste bags. ``(2) Reusable bag.--The term `reusable bag' means a bag that has handles and is-- ``(A)(i) made of cloth or other machine washable fabric, or ``(ii) made of a durable plastic that is at least 2.25 mils thick, and ``(B) is specifically designed and manufactured for multiple reuse. ``(e) Special Rules.-- ``(1) Pass through of tax.--The tax imposed by subsection (a) shall be passed through to the customer and shall be separately stated on the receipt of sale provided to the customer. ``(2) Records.--Each retailer shall keep records for purposes of this section and section 6433. Such records shall include the total number of single-use carryout bags purchased and the amounts passed through to the customer for such bags pursuant to paragraph (1). ``(3) 1st retail sale; use treated as sale.--For purposes of this section, rules similar to the rules of subsections (a) and (b) of section 4002 shall apply.''. (b) Carryout Bag Recycling Program.--Subchapter B of chapter 65 of such Code is amended by adding at the end the following new section: ``SEC. 6433. QUALIFIED SINGLE-USE CARRYOUT BAG RECYCLING PROGRAM. ``(a) Allowance of Credit.--If-- ``(1) tax has been imposed under section 4056 on any single-use carryout bag, and ``(2) a retailer provides such bag to a customer in a point of sale transaction, and ``(3) such retailer has in effect at the time of such transaction a qualified carryout bag recycling program, the Secretary shall pay (without interest) to such retailer an amount equal to the applicable amount for each such bag used by the retailer in connection with a point of sale transaction. ``(b) Applicable Amount.--For purposes of subsection (a), the applicable amount is-- ``(1) $0.01 with respect to transaction on and after January 1, 2010, and before January 1, 2015, and ``(2) $0.05 with respect to transaction on and after January 1, 2015. ``(c) Qualified Single-Use Carryout Bag Recycling Program.--For purposes of this section, the term `qualified carryout bag recycling program' means a program under which the retailer-- ``(1) to the extent the retailer provides single-use carryout bags (as defined in section 4056) to customers-- ``(A) passes through the tax imposed by section 4056 and tracks the total number of bags purchased and amount of tax passed through pursuant to section 4056(d), and ``(B) has printed or displayed on each such bag, in a manner visible to a customer, the words `PLEASE RETURN TO A PARTICIPATING STORE FOR RECYCLING', ``(2) places at each place of business at which retail operations are conducted one or more carryout bag collection bins which are visible, easily accessible to the customer, and clearly marked as being for the purpose of collecting and recycling single-use carryout bags, ``(3) recycles the single-use carryout bags collected pursuant to paragraph (2), ``(4) maintains for not less than 3 years records (which shall be available to the Secretary) describing the collection, transport, and recycling of single-use carryout bags collected, and ``(5) makes available to customers within the retail establishment reusable bags (as defined in section 4056(c)(2)) which may be purchased and used in lieu of using a single-use carryout bag.''. (c) Establishment of Trust Fund.--Subchapter A of chapter 98 of such Code (relating to trust fund code) is amended by adding at the end the following: ``SEC. 9511. SINGLE-USE CARRYOUT BAG TRUST FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Single-Use Carryout Bag Trust Fund' (referred to in this section as the `Trust Fund'), consisting of such amounts as may be appropriated or credited to the Trust Fund as provided in this section or section 9602(b). ``(b) Transfers to Trust Fund.--There is hereby appropriated to the Trust Fund an amount equivalent to the amounts received in the Treasury pursuant to section 4056. ``(c) Expenditures From Trust Fund.--Amounts in the Trust Fund shall be available, as provided by appropriation Acts, for-- ``(1) grants to States and localities that establish taxes on plastic and paper bags which are similar to the taxes imposed under section 4056, and ``(2) making payments under section 6433. ``(d) Transfer to Land and Water Conservation Fund.-- ``(1) In general.--The Secretary shall pay from time to time from the Trust Fund into the land and water conservation fund provided for in title I of the Land and Water Conservation Fund Act of 1965 amounts (as determined by the Secretary) equivalent to the aggregate of the transactions on which tax is imposed under section 4056 aggregate amounts determined on the basis of-- ``(A) $0.01 with respect to each such transaction on and after January 1, 2010, and before January 1, 2015, and ``(B) $0.05 with respect to each such transaction on and after January 1, 2015. ``(2) Special rule regarding amounts transferred.--Amounts transferred to the land and water conservation fund under paragraph (1) shall not be taken into account for purposes of determining amounts to be appropriated or credited to the fund under section 2(c) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-5(c)).''. (d) Study.--Not later than December 31, 2012, the Comptroller General of the United States shall conduct a study on the effectiveness of the provisions of this Act at reducing the use of single-use carryout bags and encouraging recycling of such bags. The report shall-- (1) address measures that the Comptroller General determines may increase the effectiveness of such provisions, including the amount of tax imposed on each single-use carryout bag, and (2) evaluate whether imposing taxes on other products, such as food wrappers and containers, could reduce the use of such products. The Comptroller General shall submit a report of such study to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate. (e) Clerical Amendments.-- (1) The table of subchapters for chapter 31 of such Code is amended by inserting after the item relating to adding at the end thereof the following new item: ``Subchapter D. Single-Use Carryout Bags.''. (2) The table of sections for subchapter B of chapter 65 of such Code is amended by adding at the end the following new item: ``Sec. 6433. Qualified single-use carryout bag recycling program.''. (3) The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item: ``Sec. 9511. Single-Use Carryout Bag Trust Fund.''. (f) Effective Date.--The amendments made by this section shall take effect on January 1, 2010. | Plastic Bag Reduction Act of 2009 - Amends the Internal Revenue Code to require retailers to pay an excise tax on single-use carryout bags. Allows refunds of such tax for retailers who have a program for recycling such bags. Establishes in the Treasury the Single-Use Carryout Bag Trust Fund to hold tax revenues generated by this Act. Directs the Secretary of the Treasury to make payments from such Trust Fund into the land and water conservation fund provided for in the Land and Water Conservation Fund Act of 1965. Directs the Comptroller General to study and report to Congress on the effectiveness of this Act in reducing the use of single-use carryout bags. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Defense Cyber Scholarship Program Act of 2017''. SEC. 2. REINVIGORATING AND MODIFYING THE INFORMATION ASSURANCE SCHOLARSHIP PROGRAM. (a) Findings and Sense of Congress.-- (1) Findings.--Congress makes the following findings: (A) Cyber threats to United States interests posed by state and non-state actors are growing as the United States becomes increasingly reliant on the Internet and cyberspace for critical services. (B) A well-trained workforce is essential to meeting the increasing cybersecurity needs of the United States. (C) The Department of Defense Cyber Strategy, issued in April 2015, cites building the cyber workforce among its objectives for achieving the essential strategic goal of building and maintaining ready forces and capabilities to conduct cyberspace operations. (D) Specifically, the strategy stresses the importance of improving civilian recruitment and retention for fulfilling the cyber missions of the Department of Defense. (E) Many community colleges offer degrees or industry-recognized credentials in cybersecurity and related fields that prepare students to fill high demand cybersecurity jobs. (F) The Information Assurance Scholarship Program of the Department of Defense and the National Security Agency promotes recruitment, education, and retention of cybersecurity professionals. (G) Since 2001, the Information Assurance Scholarship Program has supported individuals pursuing cybersecurity education and training in exchange for government service. (H) Since 2013, budgetary considerations have resulted in reductions to funding for Information Assurance Scholarship Program. (I) The efforts of the Department of Defense to build a cybersecurity workforce capable of defending against and responding to cyber threats should include reinvigorating the Information Assurance Scholarship Program and supporting cybersecurity degree programs at United States educational institutions. (2) Sense of congress.--It is the sense of Congress that the Secretary of Defense should-- (A) consider the Information Assurance Scholarship Program to be a critical cybersecurity effort of the Chief Information Officer of the Department of Defense; (B) continue to support programs at 2-year institutions of higher education that help students develop skills necessary to support the cybersecurity missions of the United States; and (C) restore funding to the program to recruit and retain new scholarship recipients and build capacity at institutions of higher education. (b) Modification of Information Assurance Scholarship Program.-- (1) Designation of program.--Section 2200a of title 10, United States Code, is amended by adding at the end the following new subsection: ``(h) Designation of Program.--A program under which the Secretary provides financial assistance under subsection (a) of this section and grants under section 2200b of this title shall be known as the `Department of Defense Cyber Scholarship Program'.''. (2) Allocation of funding.--Subsection (f) of such section is amended-- (A) by inserting ``(1)'' before ``Not less''; and (B) by adding at the end the following new paragraph: ``(2) Not less than five percent of the amount available for financial assistance under this section for a fiscal year shall be available for providing financial assistance for the pursuit of an associate degree.''. (c) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Defense to provide financial assistance under section 2200a of such title, as amended by subsection (b), and grants under section 2200b of such title, $10,000,000 for fiscal year 2018. (d) Reinvigoration Plan Required.--Not later than September 30, 2018, the Secretary of Defense shall submit to the congressional defense committees (as defined in section 101(a) of such title) a plan for reinvigorating the Department of Defense Cyber Scholarship Program, as designated by section 2200a(h) of such title, as added by subsection (b)(1) of this section. | Department of Defense Cyber Scholarship Program Act of 2017 This bill designates the existing Department of Defense (DOD) information assurance scholarship and grant program as the Department of Defense Cyber Scholarship Program to provide financial assistance (with consideration given to whether the recipient is, or the pursuit of the degree is at, a Center of Academic Excellence in Information Assurance Education designated by the National Security Agency) to: (1) persons pursuing information assurance degrees or certifications at institutions of higher education in exchange for an agreement to serve on active duty in the armed forces or as a DOD employee for a designated period; and (2) institutions of higher education to support development of faculty, curriculum, laboratories, and research for information assurance disciplines. Not less than 5% of the amounts available for scholarship financial assistance must be available for the pursuit of associate degrees. DOD must submit a plan for reinvigorating the program. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Ethanol Education and Expansion Act of 2007''. SEC. 2. E-85 FUEL EXPANSION PROGRAM. Section 231 of the Agricultural Risk Protection Act of 2000 (7 U.S.C. 1621 note; Public Law 106-224) is amended-- (1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; (2) in subsection (e) (as so redesignated), by striking ``subsection (a) or (b)'' and inserting ``subsection (b) or (c)''; and (3) by inserting after subsection (c) the following: ``(d) E-85 Fuel Program.-- ``(1) Definition of e-85 fuel.--In this subsection, the term `E-85 fuel' means a blend of gasoline at least 85 percent (or any other percentage, but not less than 70 percent, as determined by the Secretary, by rule, to provide for requirements relating to cold start, safety, or vehicle functions) of the content of which is derived from ethanol. ``(2) Program.--The Secretary shall make grants under this section to majority-controlled producer-based business ventures-- ``(A) to install E-85 fuel infrastructure, including infrastructure necessary-- ``(i) for the direct retail sale of E-85 fuel, including E-85 fuel pumps and storage tanks; and ``(ii) to directly market E-85 fuel to gas retailers, including in-line blending equipment, pumps, storage tanks, and load-out equipment; and ``(B) to provide subgrants to direct retailers of E-85 fuel that are located in a rural area (as defined in section 343(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1991(a))) for the purpose of installing E-85 fuel infrastructure for the direct retail sale of E-85 fuel, including E-85 fuel pumps and storage tanks. ``(3) Cost sharing.-- ``(A) Grants.--The amount of a grant under this section shall be equal to 20 percent of the total costs of the installation of the E-85 fuel infrastructure, as determined by the Secretary. ``(B) Relationship to other federal funding.--The amount of a grant that a majority-controlled producer- based business venture receives under this section shall be reduced by the amount of other Federal funding that the majority-controlled producer-based business venture receives for the same purpose, as determined by the Secretary. ``(C) Limitation.--Not more than 70 percent of the total costs of E-85 fuel infrastructure provided assistance under this section shall be provided by the Federal Government and State and local governments. ``(4) Funding.--Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this subsection $20,000,000 for the period of fiscal years 2008 through 2012, to remain available until expended.''. SEC. 3. E-85 FUEL EDUCATION PROGRAM. Title IX of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8101 et seq.) is amended by adding at the end the following: ``SEC. 9012. E-85 FUEL EDUCATION PROGRAM. ``(a) Definition of E-85 Fuel.--In this section, the term `E-85 fuel' means a blend of gasoline at least 85 percent (or any other percentage, but not less than 70 percent, as determined by the Secretary, by rule, to provide for requirements relating to cold start, safety, or vehicle functions) of the content of which is derived from ethanol. ``(b) Establishment.--The Secretary shall establish a program to make competitive grants to eligible entities to provide education to governmental and private entities that operate vehicle fleets, other interested entities (as determined by the Secretary), and the public about the benefits of E-85 fuel use. ``(c) Eligible Entities.--To be eligible to receive a grant under subsection (b), an entity shall-- ``(1) be a nonprofit organization or institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)); ``(2) have demonstrated knowledge of E-85 fuel production, use, or distribution; and ``(3) have demonstrated the ability to conduct educational and technical support programs. ``(d) Consultation.--In carrying out this section, the Secretary shall consult with the Secretary of Energy. ``(e) Funding.--Of the funds of the Commodity Credit Corporation, the Secretary shall make available to carry out this section $1,000,000 for each of fiscal years 2008 through 2012, to remain available until expended.''. | Ethanol Education and Expansion Act of 2007 - Amends the Agricultural Risk Protection Act of 2000 to direct the Secretary to make grants to majority-controlled producer-based business ventures to install E-85 fuel infrastructure, including infrastructure necessary: (1) for the direct retail sale of E-85 fuel, including E-85 fuel pumps and storage tanks; and (2) to directly market E-85 fuel to gas retailers, including in-line blending equipment, pumps, storage tanks, and load-out equipment; and Provides for infrastructure installation subgrants to direct retailers of E-85 fuel located in a rural area. Defines "E-85 fuel" as a blend of gasoline at least 85% derived from ethanol (or any other percentage, not below 70%, as determined by the Secretary for requirements relating to cold start, safety, or vehicle functions). Requires a grant equal to 20% of the total installation costs. Amends the Farm Security and Rural Investment Act of 2002 to direct the Secretary to establish a program, funded by the Commodity Credit Corporation, to make competitive grants to eligible nonprofit organizations or institutions of higher education to educate governmental and private entities that operate vehicle fleets, other interested entities, and the public about the benefits of E-85 fuel use. |
SECTION 1. TABLE OF CONTENTS. The table of contents of this Act is as follows: Sec. 1. Table of contents. TITLE I--NATIONAL AVIATION HERITAGE AREA Sec. 101. Short title. Sec. 102. Definitions. Sec. 103. National Aviation Heritage Area. Sec. 104. Management plan. Sec. 105. Administration. Sec. 106. Technical and financial assistance; other Federal agencies. Sec. 107. Authorization of appropriations. Sec. 108. Termination of authority. TITLE II--WRIGHT COMPANY FACTORY STUDY Sec. 201. Definitions. Sec. 202. Study. Sec. 203. Report. TITLE I--NATIONAL AVIATION HERITAGE AREA SEC. 101. SHORT TITLE. This title may be cited as the ``National Aviation Heritage Area Act''. SEC. 102. DEFINITIONS. In this title: (1) Heritage area.--The term ``Heritage Area'' means the National Aviation Heritage Area established by section 103(a). (2) Management entity.--The term ``management entity'' means the Aviation Heritage Foundation, Incorporated, a nonprofit corporation established under the laws of the State of Ohio. (3) Management plan.--The term ``management plan'' means the management plan for the Heritage Area developed under section 104. (4) Partner.--The term ``partner'' means-- (A) a Federal, State, or local governmental entity; or (B) an organization, private industry, or person involved in promoting the conservation and preservation of the cultural and natural resources of the Heritage Area. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 103. NATIONAL AVIATION HERITAGE AREA. (a) Establishment.--There is established in the States of Ohio and Indiana the National Aviation Heritage Area. (b) Boundaries.-- (1) In general.--The Heritage Area shall include-- (A) a core area consisting of resources in Montgomery, Greene, Warren, Miami, Clark, Shelby, Auglaize, and Champaign Counties in the State of Ohio; (B) the Neil Armstrong Air & Space Museum, Wapakoneta, Ohio; (C) the Wilbur Wright Birthplace and Museum, Millville, Indiana; and (D) any sites, buildings, and districts within the core area described in subparagraph (A) that are recommended for inclusion in the Heritage Area in the management plan. (2) Map.-- (A) In general.--The Secretary shall prepare a map of the Heritage Area for inclusion in the management plan. (B) Availability.--The map shall be on file and available for public inspection in the appropriate offices of the National Park Service. SEC. 104. MANAGEMENT PLAN. (a) In General.--Not later than 3 years after the date of enactment of this Act, the management entity shall submit to the Secretary for approval a management plan for the Heritage Area. (b) Requirements.--The management plan shall-- (1) incorporate an integrated and cooperative approach for the protection, enhancement, and interpretation of the natural, cultural, historic, scenic, and recreational resources of the Heritage Area; (2) take into consideration Federal, State, and local plans; (3) involve residents, public agencies, and private organizations in the Heritage Area; (4) include-- (A) an assessment of cultural landscapes in the Heritage Area; (B) provisions for the protection, interpretation, and enjoyment of the resources of the Heritage Area that are consistent with the purposes of this title; (C) an interpretation plan for the Heritage Area; (D) a program for the implementation of the management plan by the management entity that includes-- (i) provisions for facilitating ongoing collaboration among the partners to-- (I) promote heritage tourism; and (II) develop educational and cultural programs for the public; (ii) provisions for assisting partners in plans for restoration and construction of the Heritage Area; and (iii) to the maximum extent practicable, specific commitments from partners for the first 5 years of operation of the Heritage Area; and (E) an inventory of the resources contained in the core area of the Heritage Area, including-- (i) the Dayton Aviation Heritage Historical Park; (ii) the sites, buildings, and districts listed in section 202 of the Dayton Aviation Heritage Preservation Act of 1992 (Public Law 102-419); and (iii) any other property that-- (I) is related to the themes of the Heritage Area; and (II) should be preserved, restored, managed, or maintained because of the significance of the property; (5) identify sources of funding for the implementation of the management plan; and (6) describe and evaluate the management entity, including a description and evaluation of-- (A) the membership of the management entity; and (B) the organizational structure of the management entity. (c) Failure To Submit.--If the management entity fails to submit the management plan by the date described in subsection (a), the Secretary shall not provide any additional funding under this title to the management entity until the date on which the management entity submits a management plan to the Secretary. (d) Approval and Disapproval of Management Plans.-- (1) In general.--Not later than 90 days after the date of the receipt of the management plan under subsection (a), the Secretary, in consultation with the State of Ohio, shall approve or disapprove the plan. (2) Disapproval and revision.--If the Secretary disapproves a management plan under paragraph (1), the Secretary shall-- (A) advise the management entity in writing of the reasons for the disapproval; (B) make recommendations for revisions to the management plan; and (C) not later than 90 days after the receipt of any proposed revision of the management plan from the management entity, approve or disapprove the proposed revision. (e) Amendments.-- (1) In general.--The Secretary shall review each amendment to the management plan that the Secretary determines may make a substantial change to the management plan. (2) Use of funds.--Funds made available under this title shall not be expended to implement an amendment described in paragraph (1) until the Secretary approves the amendment. SEC. 105. ADMINISTRATION. (a) In General.--The management entity shall administer the Heritage Area in accordance with this title. (b) Authorities.--The management entity may, for purposes of implementing the management plan, use Federal funds made available under this title to-- (1) make grants to, and enter into cooperative agreements with-- (A) the State of Ohio (including a political subdivision of the State); (B) a private organization; or (C) any person; (2) hire and compensate staff; (3) contract for goods and services; and (4) obtain funds from any source (including a program that has a cost-sharing requirement). (c) Duties of Management Entity.--In addition to developing the management plan under section 104, in carrying out this title, the management entity shall-- (1) give priority to the implementation of actions set forth in the management plan, including-- (A) assisting units of government and nonprofit organizations in preserving the resources of the Heritage Area; and (B) encouraging local governments to adopt land use policies that are consistent with-- (i) the management of the Heritage Area; and (ii) the goals of the management plan; (2) in developing and implementing the management plan, consider the interests of diverse governmental, business, and nonprofit organizations in the Heritage Area; (3) maintain a collaboration among the partners to promote heritage tourism; (4) assist partners in developing educational and cultural programs for the public; (5) encourage economic viability in the Heritage Area in accordance with the goals of the management plan; (6) assist units of government and nonprofit organizations in-- (A) establishing and maintaining interpretive exhibits in the Heritage Area; (B) developing recreational resources in the Heritage Area; (C) increasing public awareness of and appreciation for the historical, natural, and architectural resources and sites of the Heritage Area; (D) installing throughout the Heritage Area, clear, consistent, and environmentally appropriate signs that identify access points and sites of interest; and (E) restoring historic buildings that relate to the purposes of the Heritage Area; (7) conduct public meetings at least quarterly regarding the implementation of the management plan; (8) submit to the Secretary for approval substantial amendments to the management plan; and (9) for any fiscal year for which Federal funds are made available to carry out this Act under section 107-- (A) submit to the Secretary a report that describes, for the fiscal year-- (i) any activities conducted by the management entity with respect to the Heritage Area; and (ii) any expenses incurred by the management entity in carrying out this title; (B) make available to the Secretary for audit all records relating to the expenditure of the funds and any matching funds; and (C) require, for all agreements authorizing the expenditure of Federal funds by any entity, that the receiving entity make available to the Secretary for audit all records relating to the expenditure of the funds. (d) Prohibition of Acquisition of Real Property.-- (1) Use of federal funds.--The management entity shall not use Federal funds made available under this title to acquire real property or any interest in real property. (2) Funds from other sources.--The management entity may acquire real property or an interest in real property using non-Federal funds. SEC. 106. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER FEDERAL AGENCIES. (a) Technical and Financial Assistance.-- (1) In general.--On the request of the management entity, the Secretary may provide to the Heritage Area technical assistance, on a reimbursable or nonreimbursable basis, and financial assistance for use in the development and implementation of the management plan. (2) Cooperative agreements.--The Secretary may enter into a cooperative agreement with the management entity or other public or private organizations for purposes of providing technical or financial assistance under paragraph (1). (3) Priority for assistance.--In providing technical or financial assistance under paragraph (1), the Secretary shall give priority to actions that assist in-- (A) conserving the significant historical, cultural, and natural resources of the Heritage Area; and (B) providing educational, interpretive, and recreational opportunities consistent with the purposes of the Heritage Area. (b) Operational Assistance.--Subject to the availability of appropriations, the Secretary may provide to public or private organizations in the Heritage Area such operational assistance as is appropriate to support the implementation of the management plan. (c) Duties of Other Federal Agencies.--A Federal agency conducting or supporting any activity directly affecting the Heritage Area shall-- (1) consult with the Secretary and the management entity with respect to the activity; (2) cooperate with the Secretary and the management entity in carrying out the duties of the Secretary and the management entity under this title; (3) to the maximum extent practicable, coordinate the activity with the duties of the Secretary and the management entity under this title; and (4) conduct or support the activity in a manner that, to the maximum extent practicable, will not have an adverse effect on the Heritage Area, as determined by the management entity. (d) Coordination Between the Secretary, the Secretary of Defense, and the Administrator of NASA.--Any decision relating to the application of this title to properties under the jurisdiction of the Secretary of Defense or the Administrator of the National Aeronautics and Space Administration shall be made by the Secretary of Defense or the Administrator, respectively, in consultation with the Secretary. SEC. 107. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this title $10,000,000, of which not more than $1,000,000 may be made available for any fiscal year. (b) Federal Share.--The Federal share of the total cost of any activity assisted under this title shall be not more than 50 percent. SEC. 108. TERMINATION OF AUTHORITY. The authority of the Secretary to provide assistance under this title terminates on the date that is 15 years after the date of enactment of this Act. TITLE II--WRIGHT COMPANY FACTORY STUDY SEC. 201. DEFINITIONS. In this title: (1) Factory.--The term ``Factory'' means the Wright Company factory in Dayton, Ohio. (2) Park.--The term ``park'' means the Dayton Aviation Heritage National Historical Park in the State of Ohio. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 202. STUDY. (a) In General.--The Secretary shall conduct a special resource study that-- (1) updates the study required under section 104 of the Dayton Aviation Heritage Preservation Act of 1992 (Public Law 102-419); and (2) describes alternatives for incorporating the Factory as a unit of the Park. (b) Contents.--The study shall include an analysis of the alternatives described under subsection (a)(2), including an analysis of management and development options and costs. (c) Consultation.--In conducting the study, the Secretary shall consult with-- (1) the Delphi Corporation; (2) the Aviation Heritage Foundation; (3) State and local agencies; and (4) other interested parties in the area in which the Factory is located. SEC. 203. REPORT. Not later than 3 years after the date on which funds are first made available to carry out this title, the Secretary shall submit to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes the results of the study conducted under this title. Passed the Senate September 15, 2004. Attest: Secretary. 108th CONGRESS 2d Session S. 180 _______________________________________________________________________ AN ACT To establish the National Aviation Heritage Area, and for other purposes. | Title I: National Aviation Heritage Area - National Aviation Heritage Area Act - (Sec. 103) Establishes within the States of Ohio and Indiana the National Aviation Heritage Area (the Area). (Sec. 104) Directs the Area's management entity, the Aviation Heritage Foundation, Incorporated (the AHFI, an Ohio nonprofit) to develop and submit to the Secretary of the Interior (the Secretary) a Management Plan (the Plan) for the Area. Requires the Plan to provide for the protection, enhancement, and interpretation of the natural, cultural, historic, scenic, and recreational resources of the Area. Prohibits the Secretary, if AHFI fails to submit the Plan within three years, from providing any additional funding under this title to AHFI until it submits a plan. Directs the Secretary to approve the Plan or to disapprove it, and to provide recommendations in the latter instance. Prohibits funds made available under this title from being expended to implement any changes made by a substantial amendment to the Plan until the Secretary approves of such amendment. (Sec. 105) Permits AHFI, for purposes of implementing the Plan, to use Federal funds made available under this title to make grants to, and enter into cooperative agreements with, the State of Ohio (including a political subdivision of the State), a private organization, or any person. Requires AHFI to: (1) give priority to implementing actions in the Plan; (2) assist units of government and nonprofits in developing the Area in specified ways, including by encouraging local governments to adopt land use policies that are consistent with the management of the Area and the goals of the Plan; and (3) encourage economic viability in the Area. Prohibits AHFI from using any Federal funds made available under this title to acquire real property or any interest in real property. Allows AHFI to use non-Federal funds to acquire real property or an interest in real property. (Sec. 106) Authorizes the Secretary to enter into a cooperative agreement with AHFI or other public or private organizations to provide financial or technical assistance to the Area to develop and implement the Plan upon request by the AHFI. Allows the Secretary to provide to such organizations in the Area operational assistance to support the implementation of the Plan. Requires any Federal agency involved with any activity directly affecting the Area to consult with the AHFI and the Secretary and, to the maximum extent practicable, act in ways the AHFI determines will not adversely affect the Area. Provides for the coordination of decisions with regard to the Area by the Secretary, the Secretary of Defense, and the Administrator of the National Aeronautics and Space Administration. (Sec. 107) Authorizes appropriations. Limits the Federal share of the total cost of any activity assisted under this title to 50 percent. (Sec. 108) Terminates assistance from the Secretary for the Area 15 years after the enactment of this Act. Title II: Wright Company Factory Study - Requires an updated study and report concerning alternatives for incorporating the Wright Company Factory as a unit of the Dayton Aviation Heritage National Park. Instructs the Secretary to consult with the Delphi Corporation, the Aviation Heritage Foundation, State and local agencies, and other interested parties in the area in which the Factory is located. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Law Enforcement Protection Act of 2005''. SEC. 2. PROTECTION OF LAW ENFORCEMENT OFFICERS. (a) Assaults.-- (1) Federal law enforcement officers.--Section 111 of title 18, United States Code, is amended by adding at the end the following: ``(c) Alternate Penalty Where Victim Is a Law Enforcement Officer.--If the offense is an assault and the victim of the offense under this section is a law enforcement officer (as defined in section 115), in lieu of the penalties otherwise set forth in this section, the offender shall be subject to a fine under this title and-- ``(1) if the assault resulted in bodily injury (as defined in section 1365), shall be imprisoned not less than one nor more than 10 years; ``(2) if the assault resulted in substantial bodily injury (as defined in section 113), shall be imprisoned not less than 3 nor more than 12 years; ``(3) if the assault resulted in serious bodily injury (as defined in section 1365), shall be imprisoned not less than 5 nor more than 15 years; ``(4) if a deadly or dangerous weapon was used during and in relation to the assault, shall be imprisoned not less than 5 nor more than 20 years; and ``(5) shall be subject to imprisonment for not more than 1 year in any other case.''. (2) Federally funded state and local law enforcement officers.-- (A) Offense.--Chapter 7 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 117. Protection of federally funded State and local law enforcement officers ``(a) Whoever assaults a Federally funded State or local law enforcement officer while engaged in or on account of the performance of official duties, or assaults any person who formerly served as a Federally funded State or local law enforcement officer on account of the performance of such person's official duties during such service shall be subject to a fine under this title and-- ``(1) if the assault resulted in bodily injury (as defined in section 1365), shall be imprisoned not less than one nor more than 10 years; ``(2) if the assault resulted in substantial bodily injury (as defined in section 113), shall be imprisoned not less than 3 nor more than 12 years; ``(3) if the assault resulted in serious bodily injury (as defined in section 1365), shall be imprisoned not less than 5 nor more than 15 years; ``(4) if a deadly or dangerous weapon was used during and in relation to the assault, shall be imprisoned not less than 5 nor more than 20 years; and ``(5) shall be imprisoned for not more than 1 year in any other case. ``(b) As used in this section, the term `Federally funded State or local law enforcement officer' means an individual involved in crime and juvenile delinquency control or reduction, or enforcement of the laws (including a police, corrections, probation, or parole officer) who works for a public agency (that receives Federal financial assistance) of a State of the United States or the District of Columbia.''. (B) Clerical amendment.--The table of sections at the beginning of chapter 7 of title 18, United States Code, is amended by adding at the end the following new item: ``117. Federally funded State and local law enforcement officers.''. (b) Killings and Attempts and Conspiracies to Kill.-- (1) Killings and attempted killings of federal law enforcement officers.--Section 1114 of title 18, United States Code, is amended-- (A) by inserting ``(a)'' before ``Whoever''; and (B) by adding at the end the following: ``(b) Alternate Penalty Where Victim Is a Law Enforcement Officer.--If the victim of the offense under this section is a law enforcement officer (as defined in section 115), in lieu of the penalties otherwise set forth in this section, if the offense is described below, the offender shall be fined under this title and-- ``(1) if the offense is murder in the first degree, shall be punished by death or by imprisonment for life; ``(2) if the offense is murder in the second degree, shall be punished by imprisonment for any term of years not less than 30, or for life; ``(3) if the offense is voluntary manslaughter, shall be imprisoned not more than 20 years; ``(4) if the offense is involuntary manslaughter, shall be imprisoned not more than 10 years; and ``(5) if the offense is attempted murder, shall be imprisoned for any term of years not less than 25 years, or for life.''. (2) New offense relating to killings of federally funded law enforcement officers.-- (A) In general.--Chapter 51 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1123. Killings of federally funded State and local law enforcement officers ``(a) Whoever-- ``(1) kills or attempts to kill a Federally funded State or local law enforcement officer while engaged in or on account of the performance of official duties or ``(2) kills or attempts to kill any person who formerly served as a Federally funded State or local law enforcement officer on account of the performance of such person's official duties during such service; shall, if the conduct constituting the offense is described in subsection (b), be punished as provided in that subsection. ``(b) The punishment for an offense under subsection (a) is a fine under this title and-- ``(1) if the offense is murder in the first degree, death or imprisonment for life; ``(2) if the offense is murder in the second degree, imprisonment for any term of years not less than 30, or for life; ``(3) if the offense is voluntary manslaughter, imprisonment for not more than 20 years; ``(4) if the offense is involuntary manslaughter, imprisonment for not more than 10 years; and ``(5) if the offense is attempted murder, imprisonment for any term of years not less than 25 years, or for life. ``(c) As used in this section, the term `federally funded law enforcement officer' has the meaning given that term in section 117 and the terms `murder in the first degree', `murder in the second degree', `voluntary manslaughter', and `involuntary manslaughter' have the meanings given those terms in sections 1111 and 1112.''. (3) Conspiracies to kill law enforcement officers.--Section 1117 of title 18, United States Code, is amended-- (A) by striking ``or 1119'' and inserting ``, 1119, or 1123''; and (B) by adding at the end the following: ``If the object of the conspiracy is the murder of a law enforcement officer that would violate section 1114 or 1123, the term of imprisonment imposed under this section shall be not less than 25 years.''. SEC. 3. PROTECTION OF LAW ENFORCEMENT OFFICER FAMILY MEMBERS. (a) Modification of Section 115.--Section 115 of title 18, United States Code is amended-- (1) in subsection (a)(1)(A), by inserting ``a federally funded law enforcement officer (as defined in section 117),'' after ``a Federal law enforcement officer,''; and (2) by adding at the end of subsection (b) the following: ``(5) In lieu of the punishments otherwise provided by this subsection for offenses described in this paragraph, if the victim of the offense under this subsection is an immediate family member of a Federal law enforcement officer or of a Federally funded law enforcement officer, the punishments shall be as follows: ``(A) If the offense is an assault: ``(i) If the assault resulted in bodily injury (as defined in section 1365), a term of imprisonment for not less than 5 years nor more than 10 years. ``(ii) If the assault resulted in substantial bodily injury (as defined in section 113), a term of imprisonment for not less than 7 years nor more than 12 years. ``(iii) If the assault resulted in serious bodily injury (as defined in section 1365), a term of imprisonment for not less than 10 years nor more than 15 years. ``(iv) If a dangerous weapon was used during and in relation to the offense, a term of imprisonment for not less than 10 years nor more than 20 years. ``(B) If the offense is a kidnapping, attempted kidnapping, or conspiracy to kidnap: ``(i) Except as provided in clause (ii), a term of imprisonment for not less than 20 years or for life and, if the death of any person results, death or imprisonment for life. ``(ii) If the kidnapping involves a minor child as described in 18 U.S.C. 1201 (g)(1)(A), and the offender is described by 18 U.S.C. 1201(g)(1)(B), the punishment for such offense shall be a term of imprisonment for not less than 25 years or for life and, if the death of any person results, shall be punished by death or imprisonment for life. ``(C) If the offense is a murder (as defined in section 1111) or an attempt or conspiracy to murder: ``(i) If the offense is murder in the first degree, the murder shall be punished by death or by imprisonment for life. ``(ii) If the offense is murder in the second degree, the murder shall be punished by imprisonment for any term of years not less than 30, or for life. ``(iii) If the offense is attempted murder, the attempt shall be punished by imprisonment for any term of years not less than 25, or for life. ``(D) If the offense is a threat to murder, the threat shall be punished by imprisonment for a term of not less than five years nor more than 12 years, and if a threatened assault or kidnapping, by imprisonment for not less than two years nor more than ten years.''. | Law Enforcement Protection Act of 2005 - Amends the federal criminal code to provide additional penalties for assaulting or killing (or attempting or conspiring to kill) a federal law enforcement officer or a federally funded state or local law enforcement officer. Modifies provisions regarding influencing, impeding, or retaliating against a federal official by threatening or injuring a family member to provide additional penalties where the victim of the offense is an immediate family member of a federal law enforcement officer or federally funded law enforcement officer. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Make it in America: Create Clean Energy Manufacturing Jobs in America Act''. SEC. 2. REQUIREMENTS FOR PURCHASE OF GREEN TECHNOLOGIES WITH 85 PERCENT DOMESTIC CONTENT FOR USE BY FEDERAL GOVERNMENT AND STATES. (a) Requirement for Purchases by Federal Government.-- Notwithstanding chapter 83 of title 41, United States Code (popularly referred to as the Buy American Act), and subject to subsection (c), only green technologies that are 85 percent manufactured in the United States, from articles, materials, or supplies 85 percent of which are grown, produced, or manufactured in the United States, may be acquired for use by the Federal Government. (b) Requirement for Purchases by States Using Federal Funds.-- Subject to subsection (c), Federal funds may not be provided to a State for the purchase of green technologies unless the State agrees that the funds shall be used to purchase only green technologies that are 85 percent manufactured in the United States, from articles, materials, or supplies 85 percent of which are grown, produced, or manufactured in the United States. (c) Phase-In of Requirement.--During the first three fiscal years occurring after the date of the enactment of this Act, subsections (a) and (b) shall be applied-- (1) during the first fiscal year beginning after such date of enactment, by substituting ``30 percent'' for ``85 percent''; (2) during the second fiscal year beginning after such date of enactment, by substituting ``50 percent'' for ``85 percent''; and (3) during the third fiscal year beginning after such date of enactment, by substituting ``80 percent'' for ``85 percent''. (d) Green Technologies Defined.--In this Act, the term ``green technologies'' means renewable energy and energy efficiency products and services that-- (1) reduce dependence on unreliable sources of energy by encouraging the use of sustainable biomass, wind, small-scale hydroelectric, solar, geothermal, and other renewable energy and energy efficiency products and services; and (2) use hybrid fossil-renewable energy systems. (e) Effective Date.--This section shall apply to purchases of green technologies on and after October 1 of the first fiscal year beginning after the date of the enactment of this Act. SEC. 3. RENEWABLE ENERGY PRODUCTION AND INVESTMENT TAX CREDITS LIMITED TO DOMESTICALLY PRODUCED PROPERTY. (a) Credit for Electricity Produced From Certain Renewable Resources.--Subsection (d) of section 45 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(12) Domestic content requirement.-- ``(A) In general.--In the case of any facility originally placed in service after the date of the enactment of the Make it in America: Create Clean Energy Manufacturing Jobs in America Act, such facility shall not be treated as a qualified facility for purposes of this section unless such facility is 85 percent manufactured in the United States, from articles, materials, or supplies 85 percent of which are grown, produced, or manufactured in the United States. ``(B) Transitional rule.--In the case of any facility originally placed in service before January 1, 2015, subparagraph (A) shall be applied-- ``(i) in the case a facility originally placed in service during 2012, by substituting `30 percent' for `85 percent' both places it appears, ``(ii) in the case a facility originally placed in service during 2013, by substituting `50 percent' for `85 percent' both places it appears, and ``(iii) in the case a facility originally placed in service during 2014, by substituting `80 percent' for `85 percent' both places it appears.''. (b) Investment Energy Credit.--Section 48 of such Code is amended by adding at the end the following new subsection: ``(e) Domestic Content Requirement.-- ``(1) In general.--In the case of any property for any period after the date of the enactment of the Make it in America: Create Clean Energy Manufacturing Jobs in America Act, such property shall not be treated as energy property for purposes of this section unless such property is 85 percent manufactured in the United States, from articles, materials, or supplies 85 percent of which are grown, produced, or manufactured in the United States. ``(2) Transitional rule.--In the case of any property for any period before January 1, 2015, paragraph (1) shall be applied-- ``(A) in the case of any period during 2012, by substituting `30 percent' for `85 percent' both places it appears, ``(B) in the case of any period during 2013, by substituting `50 percent' for `85 percent' both places it appears, and ``(C) in the case of any period during 2014, by substituting `80 percent' for `85 percent' both places it appears.''. (c) Effective Dates.-- (1) Production credit.--The amendments made by subsection (a) shall apply to facilities originally placed in service after the date of the enactment of this Act. (2) Investment credit.--The amendments made by subsection (b) shall apply to periods after the date of the enactment of this Act, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). | Make it in America: Create Clean Energy Manufacturing Jobs in America Act - Authorizes federal acquisition of, or the provision of federal funds to states for purchase of, only green technologies that are 85% manufactured in the United States from articles, materials, or supplies that are 85% grown, produced, or manufactured in the United States beginning in the fourth fiscal year after enactment of this Act. Provides that such percentage shall be 30% in the first fiscal year after enactment, 50% in the second fiscal year, and 80% in the third fiscal year. Defines "green technologies" to mean renewable energy and energy efficiency products and services that: (1) reduce dependence on unreliable sources of energy by encouraging the use of sustainable biomass, wind, small-scale hydroelectric, solar, geothermal, and other renewable energy and energy efficiency products and services; and (2) use hybrid fossil-renewable energy systems. Amends the Internal Revenue Code to prohibit treating any facility originally placed in service after the enactment of this Act as a qualified facility for purposes of the renewable energy production and investment tax credits unless such facility is 85% manufactured in the United States from articles, materials, or supplies that are 85% grown, produced, or manufactured in the United States. Provides that such percentage shall be 30% for a facility placed in service during 2012, 50% for a facility placed in service during 2013, and 80% for a facility placed in service during 2014. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Independent Counsel Accountability and Reform Act of 1995''. SEC. 2. EXTENSION. Section 599 of title 28, United States Code, is amended by striking ``Reauthorization Act of 1994'' and inserting ``Accountability and Reform Act of 1995''. SEC. 3. BASIS FOR PRELIMINARY INVESTIGATION. (a) Initial Receipt of Information.--Section 591 of title 28, United States Code, is amended-- (1) in subsection (a)-- (A) by striking ``information'' and inserting ``specific information from a credible source that is''; and (B) by striking ``may have'' and inserting ``has''; (2) in subsection (c)(1)-- (A) by striking ``information'' and inserting ``specific information from a credible source that is''; and (B) by striking ``may have'' and inserting ``has''; and (3) by amending subsection (d) to read as follows: ``(d) Time Period for Determining Need for Preliminary Investigation.--The Attorney General shall determine, under subsection (a) or (c) (or section 592(c)(2)), whether grounds to investigate exist not later than 15 days after the information is first received. If within that 15-day period the Attorney General determines that there is insufficient evidence of a violation of Federal criminal law referred to in subsection (a), then the Attorney General shall close the matter. If within that 15-day period the Attorney General determines there is sufficient evidence of such a violation, the Attorney General shall, upon making that determination, commence a preliminary investigation with respect to that information. If the Attorney General is unable to determine, within that 15-day period, whether there is sufficient evidence of such a violation, the Attorney General shall, at the end of that 15-day period, commence a preliminary investigation with respect to that information.''. (b) Receipt of Additional Information.--Section 592(c)(2) of title 28, United States Code, is amended by striking ``information'' and inserting ``specific information from a credible source that is''. SEC. 4. PROSECUTORIAL JURISDICTION OF INDEPENDENT COUNSEL. (a) Prosecutorial Jurisdiction.--Section 593(b) of title 28, United States Code, is amended-- (1) in paragraph (1)-- (A) by striking ``define'' and inserting ``, with specificity, define''; and (B) by adding at the end the following: ``Such jurisdiction shall be limited to the alleged violations of criminal law with respect to which the Attorney General has requested the appointment of the independent counsel, and matters directly related to such criminal violations.''; and (2) by amending paragraph (3) to read as follows: ``(3) Scope of prosecutorial jurisdiction.--In defining the independent counsel's prosecutorial jurisdiction, the division of the court shall assure that the independent counsel has adequate authority to fully investigate and prosecute the alleged violations of criminal law with respect to which the Attorney General has requested the appointment of the independent counsel, and matters directly related to such criminal violations, including perjury, obstruction of justice, destruction of evidence, and intimidation of witnesses.''. (b) Conforming Amendment.--Section 592(d) of title 28, United States Code, is amended by striking ``subject matter and all matters related to that subject matter'' and inserting ``the alleged violations of criminal law with respect to which the application is made, and matters directly related to such criminal violations''. SEC. 5. AUTHORITIES AND DUTIES OF INDEPENDENT COUNSEL. (a) Office Space.--Section 594(l)(3) of title 28, United States Code, is amended to read as follows: ``(3) Office space.--The Administrator of General Services shall promptly provide appropriate office space for each independent counsel. Such office space shall be within a Federal building unless the Administrator of General Services determines that other arrangements would cost less.''. (b) Compliance With Policies of the Department of Justice.-- (1) Amendments.--Section 594(f) of title 28, United States Code, is amended-- (A) by striking ``, except where not possible,'' and inserting ``at all times''; and (B) by striking ``enforcement of the criminal laws'' and inserting ``the enforcement of criminal laws and the release of information relating to criminal proceedings''. (2) Prior amendments.--The amendments made to section 594(f) of title 28, United States Code, by section 3(e) of the Independent Counsel Reauthorization Act of 1994 are repealed. (c) Limitation on Expenditures.--Section 594 of title 28, United States Code, as amended by subsection (a) is amended by adding at the end the following: ``(n) Limitation on Expenditures.--No funds may be expended for the operation of any office of independent counsel after the end of the 2- year period after its establishment, except to the extent that an appropriations Act enacted after such establishment specifically makes available funds for such office for use after the end of that 2-year period.''. SEC. 6. REMOVAL, TERMINATION, AND PERIODIC REAPPOINTMENT OF INDEPENDENT COUNSEL. (a) Grounds for Removal.--Section 596(a)(1) of title 28, United States Code, is amended by adding at the end the following: ``Failure of the independent counsel to comply with the established policies of the Department of Justice as required by section 594(f) or to comply with section 594(j) may be grounds for removing that independent counsel from office for good cause under this subsection.''. (b) Termination.--Section 596(b)(2) of title 28, United States Code, is amended to read as follows: ``(2) Termination by division of the court.--The division of the court may terminate an office of independent counsel at any time-- ``(A) on its own motion, ``(B) upon the request of the Attorney General, or ``(C) upon the petition of the subject of an investigation conducted by such independent counsel, if the petition is made more than 2 years after the appointment of such independent counsel, on the ground that the investigation conducted by the independent counsel has been completed or substantially completed and that it would be appropriate for the Department of Justice to complete such investigation or to conduct any prosecution brought pursuant to such investigation, or on the ground that continuation of the investigation or prosecution conducted by the independent counsel is not in the public interest.''. (c) Monthly Expenditures.-- (1) Amendment.--Section 596(c) of title 28, United States Code, is amended by adding at the end the following: ``(3) On or before the end of each month, an independent counsel shall report to the committees listed in paragraph (2)(B) the amount expended in the previous month.''. (2) Effective date.--The amendment made by paragraph (1), shall take effect at the end of the 1st month beginning after the date of the enactment of this Act. (d) Periodic Reappointment.--Section 596 of title 28, United States Code, is amended by adding at the end the following: ``(d) Periodic Reappointment of Independent Counsel.--If an office of independent counsel has not terminated before-- ``(1) the date that is 2 years after the original appointment to that office, or ``(2) the end of each succeeding 2-year period, such counsel shall apply to the division of the court for reappointment. The court shall first determine whether the office of that independent counsel should be terminated under subsection (b)(2). If the court determines that such office will not be terminated under such subsection, the court shall reappoint the applicant if the court determines that such applicant remains the appropriate person to carry out the duties of the office. If not, the court shall appoint some other person whom it considers qualified under the standards set forth in section 593 of this title. If the court has not taken the actions required by this subsection within 90 days after the end of the applicable 2-year period, then that office of independent counsel shall terminate at the end of that 90-day period.''. SEC. 7. GAO REPORT. The Comptroller General of the United States shall submit to the Congress, not later than 1 year after the date of the enactment of this Act, a report setting forth recommendations of ways to improve controls on costs of offices of independent counsel under chapter 40 of title 28, United States Code. | Independent Counsel Accountability and Reform Act of 1995 - Amends the Federal judicial code to reauthorize the independent counsel statute (the Act). Revises the Act to require specific information from a credible source sufficient to constitute grounds to investigate whether a person covered by the Act has violated specified Federal criminal laws. Requires the division of the court that appoints an independent counsel to: (1) define with specificity the independent counsel's prosecutorial jurisdiction; and (2) assure that the independent counsel has adequate authority to fully investigate and prosecute the alleged violations of criminal law with respect to which the Attorney General has requested the appointment and matters directly related to such criminal violations. Establishes or revises provisions regarding: (1) office space; (2) limits on expenditures; (3) monthly reporting to congressional committees regarding expenditures; and (4) limits on the removal, termination, and periodic reappointment of an independent counsel. Directs the Comptroller General of the United States to report to the Congress with recommendations of ways to improve controls on costs of offices of independent counsel. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Elementary and Secondary School Library Media Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that-- (1) in order to prepare our Nation's children for the challenges of the future, as well as keeping our Nation competitive in a global economy, every elementary and secondary school in the United States should be equipped with the best and most up-to-date library resources, certified library media specialists, access to advanced technology, and instruction on the use of library and information resources; (2) our Nation's elementary and secondary school libraries are primarily dependent on a core of deteriorating and out-of- date library materials purchased with original funding from the Elementary and Secondary Education Act of 1965; (3) school library media center expenditures, when adjusted for inflation, have declined 16 percent in public schools since 1979; and (4) small and rural school libraries are further disadvantaged because of small budgets based on low student enrollments, and limited access to resources, services, and personnel. (b) Statement of Purpose.--It is the purpose of this Act to-- (1) establish within the Department of Education Office of Educational Research and Improvement a Division of Elementary and Secondary School Library Media Services to provide information and leadership to school library media programs and personnel nationwide; (2) provide continued funding for elementary and secondary school library media program improvement, equity, innovation, and technological advancement; (3) establish a partnership program for elementary and secondary school teachers and school library media specialists to jointly design resource and curriculum-based instructional activities that provide opportunities for students to access a broad diversity of resources and information, and other languages and cultures, including materials that will encourage understanding; and (4) establish a partnership program for encouraging uses of technology and the sharing of information and access to resources by elementary and secondary school students, school library media specialists, and teachers. SEC. 3. ESTABLISHMENT AND FUNCTIONS OF THE DIVISION OF ELEMENTARY AND SECONDARY SCHOOL LIBRARY MEDIA SERVICES. (a) Division Established.--Section 209 of the Department of Education Organization Act (20 U.S.C. 3419) is amended-- (1) by inserting ``(a) Office.--'' before ``There''; and (2) by adding at the end the following new subsection: ``(b) Division.--There is established within the Office of Educational Research and Improvement a Division of Elementary and Secondary School Library Media Services, to be administered by a Director of such Division.''. (b) Functions of the Division.--Part A of title IV of the General Education Provisions Act (20 U.S.C. 1221c) is amended by inserting after section 405 the following new section: ``SEC. 405A. DIVISION OF LIBRARY MEDIA SERVICES. ``(a) Functions.--The Division of Elementary and Secondary School Library Media Services established in section 209(b) of the Department of Education Organization Act shall-- ``(1) provide information and leadership to elementary and secondary school library media specialists, teachers, and school administrators in order to encourage improvement of educational programs, train library personnel, use advanced technology, and develop library resources, including resources that will encourage students to acquire skills in other languages; and ``(2) monitor and administer-- ``(A) the grant programs for elementary and secondary school library media center resource development; ``(B) elementary and secondary school library media specialist and teacher partnership grants for innovative education; and ``(C) grants for uses of technology in the classroom that are linked to the library media center. ``(b) Elementary and Secondary School Library Media Program.-- ``(1) Establishment of the elementary and secondary school library media resource development program.--The Director shall award grants from allocations under paragraph (2) to States for the acquisition of school library media resources for the use of students, library media specialists, and teachers in public elementary and secondary schools. ``(2) Allocation to states.--From the amount appropriated pursuant to the authority of paragraph (5) in each fiscal year, the Director shall allocate to each State having an approved plan under paragraph (3) an amount which bears the same relationship to such funds as the amount such State received under chapter 2 of title I of the Elementary and Secondary Education Act of 1965 in such year bears to the amount all States received under such chapter in such year. ``(3) State plans.--In order for a State to receive an allocation of funds under paragraph (2) for any fiscal year such State shall have in effect for such fiscal year a State plan. Such plan shall-- ``(A) designate the State educational agency as the State agency responsible for the administration and supervision of the program described in this section; ``(B) set forth a program under which funds paid to the State from its allocation under paragraph (2) will be expended solely for-- ``(i) acquisition of school library media resources, including foreign language resources, for the use of students, school library media specialists, and teachers in elementary and secondary schools in the United States; and ``(ii) administration of the State plan, including development and revision of standards relating to school library media resources, except that the amount used for administration of the State plan in any fiscal year shall not exceed 5 percent of the amount allocated to such State under paragraph (2) for such fiscal year; and ``(C) set forth the criteria to be used in allotting funds for school library media resources among the local educational agencies of the State, which allotment shall take into consideration the relative need of the students, school media specialists, and teachers to be served. ``(4) Distribution of allocation to local educational agencies.-- ``(A) Distribution rule.--From the funds allocated to a State under paragraph (2) in each fiscal year, such State shall distribute not less than 95 percent of such funds in such year to local educational agencies within such State according to the relative enrollment of students in public elementary and secondary schools within the school districts of such State, adjusted to provide higher per-pupil allotments to local educational agencies that have the greatest number or percentages of students whose education imposes a higher than average cost per child, such as those students-- ``(i) living in areas with high concentrations of low-income families; ``(ii) from low-income families; and ``(iii) living in sparsely populated areas. ``(B) Calculation of enrollment.--The calculation of relative enrollments under subparagraph (A) shall be made on the basis of the total number of students enrolled in public schools in the State. ``(5) Authorization of appropriations.--There are authorized to be appropriated $200,000,000 for fiscal year 1994 and such sums as may be necessary for each of the 4 succeeding fiscal years to carry out this subsection. ``(c) Establishment of the School Library Media Specialist and Teacher Partnerships for Instructional Innovation Program.-- ``(1) Program established.--The Director shall award grants for projects that-- ``(A) encourage collaboration between public elementary and secondary school library media specialists and teachers in order to develop units of instruction that enable elementary and secondary school students to use a variety of information resources; and ``(B) expand students' information-gathering abilities and cognitive skills of selection, analysis, evaluation, and application. ``(2) Authorization of appropriations.--There are authorized to be appropriated $20,000,000 for fiscal year 1994 and such sums as may be necessary for each of the 4 succeeding fiscal years to carry out this subsection. ``(d) Establishment of the Uses of Technology in the Classroom Program.-- ``(1) Program established.-- ``(A) In general.--The Director shall award grants to encourage collaborative elementary and secondary school library media specialist and teacher programs designed to-- ``(i) expand the use of computers and computer networks in the curriculum; and ``(ii) enable elementary and secondary school library media centers to access information from computerized databases. ``(B) Cooperative agreements.--The Director may enter into cooperative agreements with the National Science Foundation and other appropriate nonprofit agencies and organizations in carrying out this section. ``(2) Authorization of appropriations.--There are authorized to be appropriated $40,000,000 for fiscal year 1994 and such sums as may be necessary for each of the 4 succeeding fiscal years to carry out this subsection. ``(e) Construction.--Nothing in this section shall be construed to interfere with State and local initiative and responsibility in the conduct and support of school library media services, the administration of school library media centers, or the selection of personnel or library books and materials. ``(f) Supplementation.--Funds provided under this section shall be used so as to supplement and not supplant other Federal, State, or local funds available to carry out the activities and services assisted under this section. ``(g) Definitions.--For the purpose of this section-- ``(1) the term `Director' means the Director of the Division of Elementary and Secondary School Library Media Services established pursuant to section 209(b) of the Department of Education Organization Act; ``(2) the term `elementary school' has the same meaning given to such term by section 1471(8) of the Elementary and Secondary Education Act of 1965; ``(3) the term `local educational agency' has the same meaning given to such term by section 1471(12) of the Elementary and Secondary Education Act of 1965; ``(4) the term `secondary school' has the same meaning given to such term by section 1471(21) of the Elementary and Secondary Education Act of 1965; ``(5) the term `State' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau; and ``(6) the term `State educational agency' has the same meaning given to such term by section 1471(23) of the Elementary and Secondary Education Act of 1965.''. | Elementary and Secondary School Library Media Act - Amends the Department of Education Organization Act to establish a Division of Elementary and Secondary School Library Media Services within the Office of Educational Research and Improvement. Requires the Director of the Division to award grants to States for acquisition of school library media resources for public elementary and secondary schools. Sets forth requirements for allocation to States, State plans, and State distribution of allocation to local educational agencies. Authorizes appropriations. Requires the Director to award grants for projects that: (1) encourage collaboration between public elementary and secondary library media specialists and teachers to develop instructional units that enable students to use a variety of information resources; and (2) expand students' information-gathering abilities and certain cognitive skills. Authorizes appropriations. Requires the Director to award grants to encourage collaborative elementary and secondary school library media specialist and teacher programs to: (1) expand use of computers and computer networks in the curriculum; and (2) enable elementary and secondary school library media centers to access information from computerized databases. Authorizes the Director to enter into cooperative agreements with the National Science Foundation and other appropriate nonprofit agencies and organizations in carrying out this grants program. Authorizes appropriations. Requires that funds under this Act supplement and not supplant other Federal, State, or local funds. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Cheyenne River Sioux Tribe Equitable Compensation Amendments Act of 2006''. SEC. 2. FINDINGS. (a) Findings.--Congress finds that-- (1) the Pick-Sloan Missouri River Basin program, authorized by section 9 of the Act of December 22, 1944 (commonly known as the ``Flood Control Act of 1944'') (58 Stat. 891), was intended to promote the general economic development of the United States; (2) the Oahe Dam and Reservoir Project-- (A) is a major component of the Pick-Sloan Missouri River Basin program; and (B) contributes to the national economy; (3) the Oahe Dam and Reservoir Project flooded the fertile bottom land of the Cheyenne River Sioux Reservation, which greatly damaged the economy and cultural resources of the Cheyenne River Sioux Tribe and caused the loss of many homes and communities of members of the Tribe; (4) Congress has provided compensation to several Indian tribes, including the Cheyenne River Sioux Tribe, that border the Missouri River and suffered injury as a result of 1 or more of the Pick-Sloan projects; (5) on determining that the compensation paid to the Cheyenne River Sioux Tribe was inadequate, Congress enacted the Cheyenne River Sioux Tribe Equitable Compensation Act (Public Law 106-511; 114 Stat. 2365), which created the Cheyenne River Sioux Tribal Recovery Trust Fund; and (6) that Act did not provide for additional compensation to members of the Cheyenne River Sioux Tribe that lost land as a result of the Oahe Dam and Reservoir Project. (b) Purposes.--The purposes of this Act are-- (1) to provide that the Cheyenne River Sioux Tribal Recovery Trust Fund may be used to provide compensation to members of the Cheyenne River Sioux Tribe that lost land as a result of the Oahe Dam and Reservoir Project; and (2) to provide for the capitalization of the Cheyenne River Sioux Tribal Recovery Trust Fund. SEC. 3. CHEYENNE RIVER SIOUX TRIBE EQUITABLE COMPENSATION. (a) Findings and Purposes.--Section 102 of the Cheyenne River Sioux Tribe Equitable Compensation Act (Public Law 106-511; 114 Stat. 2365) is amended-- (1) in subsection (a)(3), by striking subparagraphs (A) and (B) and inserting the following: ``(A) the United States did not justly or fairly compensate the Tribe and member landowners for the Oahe Dam and Reservation project, under which the United States acquired 104,492 acres of land of the Tribe and member landowners; and ``(B) the Tribe and member landowners should be adequately compensated for that land;''; and (2) in subsection (b)(1), by inserting ``and member landowners'' after ``Tribe'' each place it appears. (b) Definitions.--Section 103 of the Cheyenne River Sioux Tribe Equitable Compensation Act (Public Law 106-511; 114 Stat. 2365) is amended-- (1) by redesignating paragraph (1) as paragraph (3) and moving the paragraph so as to appear after paragraph (2); and (2) by inserting before paragraph (2) the following: ``(1) Member landowner.--The term `member landowner' means a member of the Tribe (or an heir of such a member) that owned land (including land allotted under the Act of February 8, 1887 (24 Stat. 388, chapter 119)) located on the Cheyenne River Sioux Reservation that was acquired by the United States for the Oahe Dam and Reservoir Project.''. (c) Cheyenne River Sioux Tribal Recovery Trust Fund.--Section 104 of the Cheyenne River Sioux Tribe Equitable Compensation Act (Public Law 106-511; 114 Stat. 2365) is amended-- (1) by striking subsection (b) and inserting the following: ``(b) Funding.--On the first day of the fiscal year beginning after the date of enactment of the Cheyenne River Sioux Tribe Equitable Compensation Amendments Act of 2006 and on the first day of each of the following 4 fiscal years (referred to in this section as the `capitalization dates'), the Secretary of the Treasury shall deposit into the Fund, from amounts in the general fund of the Treasury-- ``(1) $58,144,591.60; and ``(2) an additional amount equal to the amount of interest that would have accrued if-- ``(A) the amount described in paragraph (1) had been-- ``(i) credited to the principal account as described in subsection (c)(2)(B)(i)(I) on the first day of the fiscal year beginning October 1, 2001; and ``(ii) invested as described in subsection (c)(2)(C) during the period beginning on the date described in clause (i) and ending on the last day of the fiscal year before the fiscal year in which that amount is deposited into the Fund; and ``(B) the interest that would have accrued under subparagraph (A) during the period described in subparagraph (A)(ii) had been-- ``(i) credited to the interest account under subsection (c)(2)(B)(ii); and ``(ii) invested during that period in accordance with subsection (c)(2)(D)(i).''; (2) by striking subsection (c) and inserting the following: ``(c) Investments.-- ``(1) Eligible obligations.--Notwithstanding any other provision of law, the Secretary of the Treasury shall invest the Fund only in interest-bearing obligations of the United States issued directly to the Fund. ``(2) Investment requirements.-- ``(A) In general.--The Secretary of the Treasury shall invest the Fund in accordance with this paragraph. ``(B) Separate investments of principal and interest.-- ``(i) Principal account.--The amounts deposited into the Fund under subsection (b)(1) shall be-- ``(I) credited to a principal account within the Fund (referred to in this paragraph as the `principal account'); and ``(II) invested in accordance with subparagraph (C). ``(ii) Interest account.-- ``(I) In general.--The interest earned from investing amounts in the principal account shall be-- ``(aa) transferred to a separate interest account within the Fund (referred to in this paragraph as the `interest account'); and ``(bb) invested in accordance with subparagraph (D). ``(II) Crediting.--The interest earned from investing amounts in the interest account, and the amounts deposited into the Fund under subsection (b)(2), shall be credited to the interest account. ``(C) Investment of principal account.-- ``(i) Initial investment.--Amounts in the principal account shall be initially invested in eligible obligations with the shortest available maturity. ``(ii) Subsequent investments.-- ``(I) In general.--On the date on which the amount in the principal account is divisible into 3 substantially equal portions, each portion shall be invested in eligible obligations that are identical (except for transferability) to the next-issued publicly-issued Treasury obligations having a 2-year maturity, a 5-year maturity, and a 10-year maturity, respectively. ``(II) Maturity of obligations.--As each 2-year, 5-year, and 10-year eligible obligation under subclause (I) matures, the principal of the maturing eligible obligation shall be initially invested in accordance with clause (i) until the date on which the principal is reinvested substantially equally in the eligible obligations that are identical (except for transferability) to the next-issued publicly-issued Treasury obligations having 2-year, 5- year, and 10-year maturities. ``(iii) Discontinuation of issuance of obligations.--If the Department of the Treasury discontinues issuing to the public obligations having 2-year, 5-year, or 10-year maturities, the principal of any maturing eligible obligation shall be reinvested substantially equally in available eligible obligations that are identical (except for transferability) to the next-issued publicly-issued Treasury obligations with maturities of longer than 1 year. ``(D) Investment of interest account.-- ``(i) Before each capitalization date.--For purposes of subsection (b)(2)(B), amounts considered as if they were in the interest account of the Fund shall be invested in eligible obligations that are identical (except for transferability) to publicly-issued Treasury obligations that have maturities that coincide, to the greatest extent practicable, with the applicable capitalization date for the Fund. ``(ii) On and after each capitalization date.--On and after each capitalization date, amounts in the interest account shall be invested and reinvested in eligible obligations that are identical (except for transferability) to publicly-issued Treasury obligations that have maturities that coincide, to the greatest extent practicable, with the date on which the amounts will be withdrawn by the Secretary of the Treasury and transferred to the Secretary of the Interior for use in accordance with subsection (d). ``(E) Par purchase price.-- ``(i) In general.--To preserve in perpetuity the amount in the principal account, the purchase price of an eligible obligation purchased as an investment of the principal account shall not exceed the par value of the obligation. ``(ii) Treatment.--At the maturity of an eligible obligation described in clause (i), any discount from par in the purchase price of the eligible obligation shall be treated as interest paid at maturity. ``(F) Holding to maturity.--Eligible obligations purchased pursuant to this paragraph shall be held to their maturities. ``(3) Annual review of investment activities.--Not less frequently than once each calendar year, the Secretary of the Treasury shall review with the Tribe the results of the investment activities and financial status of the Fund during the preceding calendar year. ``(4) Modifications.-- ``(A) In general.--If the Secretary of the Treasury determines that investing the Fund in accordance with paragraph (2) is not practicable or would result in adverse consequences to the Fund, the Secretary of the Treasury shall modify the requirements to the least extent necessary, as determined by the Secretary of the Treasury. ``(B) Consultation.--Before making a modification under subparagraph (A), the Secretary of the Treasury shall consult with the Tribe with respect to the modification.''; (3) in subsection (d), by striking paragraph (1) and inserting the following: ``(1) Withdrawal of interest.--Beginning on the first day of the fiscal year beginning after the date of enactment of the Cheyenne River Sioux Tribe Equitable Compensation Amendments Act of 2006, and on the first day of each fiscal year thereafter, the Secretary of the Treasury shall withdraw and transfer all funds in the interest account of the Fund to the Secretary of the Interior for use in accordance with paragraph (2), to be available without fiscal year limitation.''; and (4) in subsection (f)-- (A) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (B) by inserting after paragraph (2) the following: ``(3) Member landowners.-- ``(A) Additional compensation.-- ``(i) In general.--Except as provided in clause (iii), the plan may provide for the payment of additional compensation to member landowners for acquisition of land by the United States for use in the Oahe Dam and Reservoir Project. ``(ii) Determination of heirs.--An heir of a member landowner shall be determined in accordance with the probate code governing the estate of the member landowner. ``(iii) Exception.--During any fiscal year, payments of additional compensation to a member landowner under clause (i) shall not-- ``(I) be deposited or transferred into-- ``(aa) the Individual Indian Money account of the member landowner; or ``(bb) any other fund held by the United States on behalf of the member landowner; or ``(II) exceed an amount equal to 44.3 percent of the amount transferred by the Secretary of the Interior to the Tribe under paragraph (2). ``(B) Provision of records.--To assist the Tribe in processing claims of heirs of member landowners for land acquired by the United States for use in the Oahe Dam and Reservoir Project, the Secretary of the Interior shall provide to the Tribe, in accordance with applicable laws (including regulations), any record requested by the Tribe to identify the heirs of member landowners by the date that is 90 days after the date of receipt of a request from the Tribe.''. (d) Eligibility of Tribe for Certain Programs and Services.-- Section 105 of the Cheyenne River Sioux Tribe Equitable Compensation Act (Public Law 106-511; 114 Stat. 2365) is amended in the matter preceding paragraph (1) by inserting ``or any member landowner'' after ``Tribe''. (e) Extinguishment of Claims.--Section 107 of the Cheyenne River Sioux Tribe Equitable Compensation Act (Public Law 106-511; 114 Stat. 2368) is amended to read as follows: ``SEC. 107. EXTINGUISHMENT OF CLAIMS. ``(a) In General.--On the date on which the final payment is deposited into the Fund under section 104(b), all monetary claims that the Tribe has or may have against the United States for the taking by the United States of land and property of the Tribe for the Oahe Dam and Reservoir Project of the Pick-Sloan Missouri River Basin program shall be extinguished. ``(b) Effect of Acceptance of Payment.--On acceptance by a member landowner or an heir of a member landowner of any payment by the Tribe for damages resulting from the taking by the United States of land or property of the Tribe for the Oahe Dam and Reservoir Project of the Pick-Sloan Missouri River Basin program, all monetary claims that the member landowner or heir has or may have against the United States for the taking shall be extinguished.''. Passed the Senate December 7, 2006. Attest: Secretary. 109th CONGRESS 2d Session S. 1535 _______________________________________________________________________ AN ACT To amend the Cheyenne River Sioux Tribe Equitable Compensation Act to provide compensation to members of the Cheyenne River Sioux Tribe for damage resulting from the Oahe Dam and Reservoir Project, and for other purposes. | Cheyenne River Sioux Tribe Equitable Compensation Amendments Act of 2006 - Amends the Cheyenne River Sioux Tribe Equitable Compensation Act to make member landowners eligible for the additional financial compensation provided to the Cheyenne River Sioux Tribe for the acquisition by the federal government of 104,492 acres of land of the Tribe and member landowners for the Oahe Dam and Reservoir project. Defines member landowner as a member of the Tribe (or an heir of such a member) that owned land on the Cheyenne River Sioux Reservation that was acquired by the United States for the Oahe Dam and Reservoir Project of the Pick-Sloan Missouri River Basin program. Directs the Secretary of the Treasury to make five annual deposits into the Cheyenne River Sioux Tribal Recovery Trust Fund of: (1) $58,144,591.60; and (2) an additional amount equal to the interest that would have accrued under certain circumstances. Directs the Secretary to invest the Fund only in interest-bearing obligations of the United States according to specified requirements, including separate investments of principal and interest from two separate accounts within the Tribal Recovery Trust Fund. Authorizes the plan prepared for the use of payments to the Tribe to provide for payment of additional compensation to member landowners; except that payments of additional compensation shall not be deposited or transferred into any member landowner's Individual Indian Money account, and shall not exceed an amount equal to 44.3% of the amount transferred by the Secretary of the Interior to the Tribe. Requires the Secretary of the Interior to assist the Tribe in claims processing by providing any record requested to identify the heirs of member landowners within 90 days after receiving a request. Declares that, upon deposit of the final payment into the Fund, all claims that the Tribe has or may have against the United States for the taking of tribal land or property for the Project shall be extinguished. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Teen Substance Abuse Treatment Act of 1999''. SEC. 2. GRANTS TO PRIVATE ENTITIES. Part F of title V of the Public Health Service Act (42 U.S.C. 290gg et seq.) is amended by adding at the end the following: ``SEC. 572. GRANTS TO SUBSTANCE ABUSE TREATMENT PROVIDERS. ``(a) In General.--The Secretary may award grants, contracts, or cooperative agreements to public and private nonprofit entities for the purpose of providing substance abuse treatment services for youth. ``(b) Priority.--In awarding grants, contracts, or cooperative agreements under subsection (a), the Secretary shall, to the extent practicable, distribute amounts in each major geographic region in the United States, in both urban and rural areas, and give priority to applications that propose to-- ``(1) coordinate services with other social agencies in the community, including educational, juvenile justice, child welfare, and mental health; and ``(2) provide individualized treatment, taking the gender and culture of the individual seeking treatment into account. ``(c) Duration of Grants.--The Secretary shall award grants, contracts, or cooperative agreements under this section for a period not to exceed 5 fiscal years. ``(d) Use of Funds.--Amounts provided under a grant, contract, or cooperative agreement under this section shall be used to promote the development of knowledge of youth substance abuse through projects that will-- ``(1) provide a continuum of integrated treatment services, including case management, for young individuals who have substance abuse problems and their family members; ``(2) offer individualized treatment services for young individuals who have substance abuse problems that take into account that individual's particular problems and his or her chronological and developmental age; ``(3) address the relationship between youth substance abuse and antisocial, aggressive, and violent behaviors in youth; ``(4) address the relationship between youth substance abuse and psychiatric disorders, including depression, attention deficit disorder, attention deficit hyperactivity disorder, affective disorder, and conduct disorder; ``(5) promote projects that incorporate transitional support services for families of young substance abusers who have come in contact with the juvenile justice system; ``(6) address the barriers involved in providing substance abuse treatment, retention, and followup care; ``(7) address the special needs of young individuals who have substance abuse problems and have been involved with juvenile justice or the child welfare system, have physical or cognitive disabilities, live in displaced conditions, or have parents who have substance abuse problems; and ``(8) apply the most successful, research-based and cost- effective methods for the treatment of substance abuse by youth. ``(e) Application.--A public or private nonprofit entity that desires a grant, contract, or cooperative agreement under subsection (a) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including-- ``(1) a statement detailing the manner in which the entity will evaluate projects assisted under this section; and ``(2) a statement ensuring that the entity will submit an annual report described in subsection (g). ``(f) Matching Requirement.--The Secretary may not award a grant, contract, or cooperative agreement to a public or private nonprofit entity unless that entity agrees that, with respect to the costs to be incurred by the entity in carrying out the services for which the grant, contract, or cooperative agreement was awarded, the entity will make available non-Federal contributions in an amount that-- ``(1) for the first and second fiscal years for which the entity receives payments from a grant, contract, or cooperative agreement, is not less than $1 for each $3 of Federal funds so provided; ``(2) for the third fiscal year for which the entity receives payments from a grant, contract, or cooperative agreement, is not less than $1 for each $2 of Federal funds so provided; ``(3) for the fourth fiscal year for which the entity receives payments from a grant, contract, or cooperative agreement, is not less than $1 for each $1 of Federal funds so provided; and ``(4) for the fifth fiscal year for which the entity receives payments from a grant, contract, or cooperative agreement, is not less than $2 for each $1 of Federal funds so provided. ``(g) Annual Report.--A public or private nonprofit entity that receives a grant, contract, or cooperative agreement under subsection (a) shall prepare and submit an annual report to the Secretary that describes the projects carried out pursuant to this section. ``(h) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $40,000,000 for fiscal year 2000, and such sums as may be necessary for each of the fiscal years 2001 and 2002.''. | Teen Substance Abuse Treatment Act of 1999 - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to award grants, contacts, or cooperative agreements to nonprofit entities to provide substance abuse treatment services for youth. Authorizes appropriations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-Canada Fair Grain Trade Act of 1993''. SEC. 2. FINDINGS. The Congress finds that-- (1) as a result of unfair and incomplete provisions in the United States-Canada Free-Trade Agreement-- (A) Canadian exports of durum wheat, spring wheat, and barley have increased beyond the level such exports can be absorbed into the United States market; (B) these exports have depressed domestic grain prices, causing severe financial losses to American farmers and increasing the costs and difficulties of implementing domestic farmer support programs; and (C) Canadian grain exports continue to increase without bounds, increasing the damage to United States farmers each year; (2) the Congress approved the United States-Canada Free- Trade Agreement subject to-- (A) the statement in the Statement of Administrative Action that the United States would ``pursue consultations with Canada regarding the price setting policy of the CWB (Canadian Wheat Board) as it affects goods exported to the United States....directed toward establishing a method to determine the price at which the CWB is selling agricultural goods to the United States and the CWB's acquisition price for those goods''; and (B) the provision of the implementing legislation requiring that ``the President will enter into immediate consultation with the Government of Canada to obtain the exclusion from the transport rates established under Canada's Western Grain Transportation Act of agricultural goods that originate in Canada and are shipped via east coast ports for consumption in the United States,'', yet to date there has been no progress on these consultations; and (3) the failure of the United States successfully to pursue the consultations described in subsection (b) led to a flawed binational panel decision that renders meaningless the plain language of Article 701(3) of the United States-Canada Free- Trade Agreement, which states that ``Neither Party, including any public entity that it establishes or maintains, shall sell agricultural goods for export to the territory of the other Party at a price below the acquisition price of the goods plus any storage, handling or other cost incurred by it with respect to those goods.''. TITLE I--GRAIN TRADE NEGOTIATIONS SEC. 101. PRICE TRANSPARENCY. (a) Negotiations.--The President shall immediately pursue negotiations with the Government of Canada to establish a method to determine the price at which the Canadian Wheat Board is selling agricultural goods to the United States and the Board's acquisition price for such goods, as required under the fourth paragraph of chapter 7(B,1,c) of the Statement of Administrative Action accompanying the United States-Canada Free-Trade Agreement Implementation Act of 1988. (b) Action Upon Failure.--If, within 120 days after the date of the enactment of this Act, negotiations under subsection (a) fail-- (1) to establish the method of determining prices under subsection (a), or (2) to establish procedures for obtaining the data necessary to implement such method, Canada shall be treated as in violation of Article 2101 of the United States-Canada Free-Trade Agreement and all imports of Canadian grain to the United States shall be suspended until the President certifies that successful negotiations under subsection (a) have been completed. SEC. 102. RAIL TRANSPORTATION SUBSIDY. (a) Negotiations.--The President shall immediately pursue the consultations with the Government of Canada described in section 304(a)(2) of the United States-Canada Free-Trade Agreement Implementation Act of 1988, relating to the exclusion from the transport rates established under Canada's Western Grain Transportation Act of agricultural goods that originate in Canada and are shipped via east coast ports for consumption in the United States. (b) Action Upon Failure.--If, within 120 days after the date of the enactment of this Act, negotiations under subsection (a) fail to obtain the exclusion described in subsection (a), all imports of Canadian grain receiving the benefits of the transport rates shall be suspended until the President certifies that successful negotiations under subsection (a) to terminate such benefits have been completed. SEC. 103. ACQUISITION PRICE OF GRAIN. (a) Negotiations.--The President shall immediately pursue negotiations with the Government of Canada to clarify the meaning of the term ``acquisition price'' in Article 701(3) of the United States- Canada Free-Trade Agreement (and any other provision accompanying such agreement) so that such term includes-- (1) the value of any transportation subsidy applied to grain entering the United States; (2) all payments to producers by the Canadian Wheat Board or any government agency; and (3) any other payments or subsidy incurred by the Canadian Wheat Board, any government agency, or any private interest in the acquisition, handling, storage, and transportation of the grain. (b) Action Upon Failure.--If, within 120 days after the date of the enactment of this Act, negotiations under subsection (a) fail to clarify the meaning of the term ``acquisition price'', all imports of Canadian grain shall be suspended until the President certifies that successful negotiations under subsection (a) have been completed. SEC. 104. ASSISTANCE IN COUNTERVAILING DUTY CASES. Each Federal agency (other than the United States International Trade Commission) shall provide full technical assistance and support to any petitioner in any countervailing duty or antidumping action under title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.) with respect to the subsidies provided by Canada in connection with the exportation of wheat or barley to the United States. TITLE II--AGRICULTURAL TRADE PROGRAMS SEC. 201. USE OF EXPORT ENHANCEMENT PROGRAM TO PROMOTE GRAIN EXPORTS. Section 301(b) of the Agricultural Trade Act of 1978 (7 U.S.C. 5651(b)) is amended by adding at the end the following new paragraph: ``(9) Promotion of grain exports.-- ``(A) In general.--The Secretary shall aggressively use the program established under this section to permit exporters, users, processors, and foreign purchasers of grains produced in the United States to compete effectively with exporters, users, processors, and foreign purchasers of grains produced in Canada, taking into account-- ``(i) the transportation subsidies provided by the Government of Canada to promote grain sales to Mexico; and ``(ii) the sale of wheat in all foreign markets by the Canadian Wheat Board at a price that is less than the full acquisition cost for the wheat. ``(B) Duration.--The requirements of subparagraph (A) shall apply-- ``(i) to counteract the transportation subsidies described in subparagraph (A)(i), until an agreement is concluded with the Government of Canada to exclude agricultural goods from transport rates as described in section 304(a)(2) of the United States-Canada Free-Trade Agreement Implementation Act of 1988 (19 U.S.C. 2112 note); and ``(ii) to counteract the sale of wheat by the Canadian Wheat Board described in subparagraph (A)(ii), until an agreement is concluded with the Government of Canada to ensure the sale of wheat by the Canadian Wheat Board at a price that is no less than the full acquisition cost for the wheat.''. SEC. 202. AGRICULTURAL EXPORT PROGRAM PROTECTION. (a) In General.--Title XV of the Food, Agriculture, Conservation, and Trade Act of 1990 (Public Law 101-624) is amended by adding at the end the following new subtitle: ``Subtitle G--Agricultural Export Program Protection ``SEC. 1581. DEFINITIONS. ``As used in this subtitle: ``(1) Agricultural trade program.--The term `agricultural trade program' means an export promotion, export credit, export credit guarantee, export bonus, or other export or international food aid program carried out through, or administered by, the Commodity Credit Corporation, including such a program carried out under-- ``(A) the Agricultural Trade Act of 1978 (7 U.S.C. 5601 et seq.)-- ``(i) including the export enhancement program established by section 301 of such Act (7 U.S.C. 5651); but ``(ii) excluding the market promotion program established by section 203 of such Act (7 U.S.C. 5623); ``(B) the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1691 et seq.); ``(C) section 416 of the Agricultural Act of 1949 (7 U.S.C. 1431); or ``(D) section 5 of the Commodity Credit Corporation Charter Act (15 U.S.C. 714c). ``(2) Covered foreign commodity.--The term `covered foreign commodity' means wheat, feed grains, or soybeans produced in a foreign country that is imported into the customs territory of the United States. ``(3) Entry.--The term `entry' means the entry into, or the withdrawal from warehouse for consumption in, the customs territory of the United States. ``(4) Person.--The term `person' includes an exporter, an assignee, and a participant in an agricultural trade program. ``(5) Secretary.--The term `Secretary' means the Secretary of Agriculture. ``(6) United states agricultural commodity.--The term `United States agricultural commodity' has the same meaning given the term in section 102(7) of the Agricultural Trade Act of 1978 (7 U.S.C. 5602(7)). ``SEC. 1582. MONITORING OF DOMESTIC USES MADE OF CERTAIN FOREIGN COMMODITIES. ``(a) In General.-- ``(1) End-use certificate.--An end-use certificate that meets the requirements of subsection (b) shall be included in the documentation covering the entry of any covered foreign commodity. ``(2) Quarterly reports.--A consignee of a covered foreign commodity (including a secondary consignee of a covered foreign commodity and a consignee of a covered foreign commodity that has been commingled with a commodity produced in the United States) shall submit to the Secretary a quarterly report that certifies-- ``(A) what percentage of the covered foreign commodity that is subject to an end-use certificate was used by the consignee during the quarter; and ``(B)(i) that the covered foreign commodity referred to in paragraph (1) was used by the consignee for the purpose stated in the end-use certificate; or ``(ii) if ownership of the covered foreign commodity is transferred, the name and address and other information, as determined by the Secretary, of the entity (or consignee) to whom it is transferred. ``(b) End-Use Certificate and Quarterly Report Content.--The end- use certificates and quarterly reports required under subsection (a) shall be in such form, and require such information, as the Secretary considers necessary or appropriate to carry out this section. At a minimum, the Secretary shall require that end-use certificates and quarterly reports indicate-- ``(1) in the case of the end-use certificate-- ``(A) the name and address of the importer of record of the covered foreign commodity that is subject to the certificate; ``(B) the name and address of the consignee of the covered foreign commodity; ``(C) the identification of the country of origin of the covered foreign commodity; ``(D) a description by class and quantity of the covered foreign commodity; ``(E) the specification of the purpose for which the consignee will use the covered foreign commodity; and ``(F) the identification of the transporter of the covered foreign commodity from the port of entry to the processing facility of the consignee; and ``(2) in the case of the quarterly report-- ``(A) the information referred to in subparagraphs (A) and (B) of paragraph (1); ``(B) the identification of the end-use certificates currently held by the consignee; ``(C) a statement of the quantity of the covered foreign commodity that is the subject of each of the end-use certificates identified under subparagraph (B) that was used during the quarter; ``(D) a statement of the use made during the quarter by the consignee of each quantity referred to in subparagraph (C); ``(E) a statement of the quantity of the covered foreign commodity that was exported by the consignee during the quarter; ``(F) a statement of the quantity of the covered foreign commodity that was commingled with commodities produced in the United States and the disposition of the commingled commodities; and ``(G) a statement of the quantity of any covered foreign commodity that is transferred to a subsequent consignee, the name and address of the consignee, and the change in end-use. ``(c) Sales Price.--The Secretary may require the importer or the first consignee of a covered foreign commodity to report to the Secretary the sales price of a covered foreign commodity that is subject to an end-use certificate issued under this section if the Secretary considers the sales price necessary to facilitate enforcement of United States trade laws and international agreements. ``(d) Confidentiality.--In carrying out this section, the Secretary shall take such actions as are necessary to ensure the confidentiality and privacy of purchasers of covered foreign commodities. ``(e) Entry Prohibited Unless End-Use Certificate Presented.--The Commissioner of Customs may not permit the entry of a covered foreign commodity unless the importer of record presents at the time of entry of the covered foreign commodity an end-use certificate that complies with the applicable requirements of this section. ``(f) Penalties.-- ``(1) Customs penalties.--End-use certificates required under this section shall be treated as any other customs documentation for purposes of applying the customs laws that prohibit the entry, or the attempt to enter, merchandise by fraud, gross negligence, or negligence. ``(2) Civil penalties.--Any person who knowingly violates any requirement prescribed by the Secretary to carry out this section is punishable by a civil penalty in an amount not to exceed $10,000. ``(g) Regulations.--The Secretary shall prescribe such regulations as are necessary to carry out this section, including regulations regarding the preparation and submission of the quarterly reports required under subsection (a)(2). ``SEC. 1583. COMPLIANCE PROVISIONS. ``Subsections (b) and (c) of section 402 of the Agricultural Trade Act of 1978 (7 U.S.C. 5662) shall apply to the programs authorized under this subtitle. ``SEC. 1584. SUSPENSION OR DEBARMENT FOR USE OF FOREIGN AGRICULTURAL COMMODITIES IN CERTAIN AGRICULTURAL TRADE PROGRAMS. ``(a) Hearing.--The Commodity Credit Corporation shall provide a person with an opportunity for a hearing before suspending or debarring the person from participation in an agricultural trade program for using a foreign agricultural commodity in violation of the terms and conditions of the program. ``(b) Waiver.-- ``(1) In general.--The Commodity Credit Corporation may waive the suspension or debarment of a person from participation in an agricultural trade program for using a foreign agricultural commodity in violation of the terms and conditions of the program if the person demonstrates, to the satisfaction of the Corporation, that-- ``(A) the use of the foreign agricultural commodity was unintentional; and ``(B) the quantity of the foreign agricultural commodity used was less than 1 percent of the total quantity of the commodity involved in the transaction. ``(2) Other penalties.--Any waiver by the Commodity Credit Corporation of a suspension or debarment of a person under paragraph (1) shall not affect the liability of the person for any other penalty imposed under an agricultural trade program for the quantity of the foreign agricultural commodity involved.''. (b) Effective Date.--This section and the amendment made by this section shall become effective 120 days after the date of enactment of this Act. S 730 IS----2 | United States-Canada Fair Grain Trade Act of 1993 - Title I: Grain Trade Negotiations - Directs the President to negotiate with Canada to: (1) establish a method to determine the price at which the Canadian Wheat Board sells agricultural goods to the United States (as well as the Board's acquisition price) as required under the Statement of Administrative Action of the United States-Canada Free-Trade Agreement Implementation Act of 1988; (2) exclude from the transport rates established under Canada's Western Grain Transportation Act Canadian agricultural goods shipped via east coast ports for U.S. consumption; and (3) clarify the meaning of "acquisition price" so that it includes certain subsidy payments to Canadian producers, handlers, grain storers, and transporters. Sets forth sanctions for failure of such negotiations. Requires Federal agencies (other than the United States International Trade Commission) to provide technical assistance to countervailing duty and antidumping duty petitioners with respect to Canadian subsidies on exports of wheat or barley to the United States. Title II: Agricultural Trade Programs - Amends the Agricultural Trade Act of 1978 to direct the Secretary of Agriculture (Secretary) to promote use of a program which permits exporters, users, processors, and foreign purchasers of U.S. grain to compete with exporters, users, processors, and foreign purchasers of Canadian grain and that takes into account: (1) Canadian transportation subsidies to promote grain sales to Mexico; and (2) sale of wheat in foreign markets by the Canadian Wheat Board at a price below its acquisition cost. Amends the Food, Agriculture, Conservation, and Trade Act of 1990 to require an end-use certificate that meets specified requirements to be included in documentation covering the entry of covered foreign commodities (imported wheat, feed grains, or soybeans). Requires a consignee of a covered foreign commodity to report quarterly to the Secretary. Sets forth civil penalties for non-compliance. Requires the Commodity Credit Corporation to provide an opportunity for a hearing before suspending or debarring a person from participation in an agricultural trade program for using a foreign agricultural commodity in violation of the conditions of such program. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Quincy Library Group Forest Recovery and Economic Stability Act of 1996''. SEC. 2. PILOT PROJECT FOR PLUMAS, LASSEN, AND TAHOE NATIONAL FORESTS TO IMPLEMENT QUINCY LIBRARY GROUP PROPOSAL. (a) Findings.--Congress finds the following: (1) As a consequence of fire suppression and an over- accumulation of natural fuels, forest stands in the Sierra Nevada, particularly within the Plumas National Forest, Lassen National Forest, and the Sierraville Ranger District of the Tahoe National Forest in the State of California, have been highly altered both in structure and function by the development of dense, shade tolerant understories that place such forest stands at an unnatural risk of epidemic mortality from disease and insect infestations and high-intensity stand- replacing fire. (2) Enhanced resource management activities, including thinning, salvage logging, pruning, brush clearing, prescribed fire, and uneven-aged timber stand management (using individual tree and group selection) are necessary throughout these three national forests to mitigate unnatural tree mortality, reduce fuel loads, break up fuel continuity in areas of fire prone forest, and achieve long-term forest health. (3) Communities in the Sierra Nevada throughout northern California rely upon the revenues derived from the sale of forest products from Federal lands for education, roads, basic infrastructure, and overall economic stability. (4) The Quincy Library Group of northern California is a coalition of representatives of the timber industry, environmental organizations, citizens, and local communities that formed to develop a resource management program for Federal lands in the Sierra Nevada that could be carried out in a manner that simultaneously maximizes forest health, cost- effectiveness, and social and economic benefits to forest- dependent communities. (5) The agreement reached by this group in 1993, known as the Quincy Library Group Proposal of 1993, recommended a localized, adaptive management strategy for designated lands in the Plumas National Forest, Lassen National Forest, and the Sierraville Ranger District of the Tahoe National Forest for implementing, in a cost-effective manner, the resource management activities necessary to reduce fire risk and enhance forest health while providing greater economic stability to forest-dependent communities. (6) Implementation of the resource management activities recommended in the Quincy Library Group Proposal of 1993 as a pilot project on these national forests can demonstrate the feasibility of utilizing locally-developed adaptive management strategies that may be applicable throughout California and the intermountain northwest. (b) Pilot Project Required.-- (1) Implementation and purpose.--The Secretary of Agriculture, acting through the Forest Service, shall conduct a pilot project on the Federal lands described in paragraph (2) to implement and demonstrate the effectiveness of the resource management activities described in subsection (d), as recommended in the Quincy Library Group Proposal of 1993. (2) Pilot project area.--The Secretary shall conduct the pilot project on the Federal lands within the Plumas National Forest, Lassen National Forest, and the Sierraville Ranger District of the Tahoe National Forest in the State of California depicted on the map entitled ``Quincy Library Group Community Stability Proposal'', dated June 1993. The map shall be on file and available for inspection in the appropriate offices of the Forest Service. (c) Exclusion of Certain Lands; Exception.-- (1) Exclusion.--Except as provided in paragraph (2), all spotted owl habitat areas and protected activity centers located within the pilot project area designated under subsection (b)(2) will be deferred from timber harvesting during the term of the pilot project. (2) Exception for designated catastrophic event areas.--The Secretary may designate an area within the pilot project area that is otherwise precluded from timber harvesting pursuant to paragraph (1) and subsection (b)(2) as a catastrophic event area in which the resource management activities described in subsection (d) may be applied if the Secretary, upon completion of an environmental impact statement, finds that-- (A) the area proposed for designation has experienced disturbances from wildfires, insect infestations, disease, drought, or other natural causes and will suffer further environmental degradation, such as soil erosion, stream damage, or habitat loss, in the absence of the resource management activities; and (B) implementation of one or more resource management activities described in subsection (d) in the area proposed for designation is likely to reduce or prevent continued environmental degradation. (3) Notice of proposed designation.--Immediately upon publication of the draft environmental impact statement required under paragraph (2), the Secretary shall publish in the Federal Register notice of any prospective decision to designate a catastrophic event area under such paragraph on the basis of the environmental impact statement. The notice shall-- (A) set forth the location of the affected area; (B) describe the forest health conditions in such area; (C) provide the reasons for proposing to designate the area as a catastrophic event area; and (D) contain a brief description of the resource management activity or activities that the Secretary proposes to select for the area. (4) Public comment.--The Secretary shall provide a 45-day period for the submission of public comments regarding a draft environmental impact statement prepared under paragraph (2) and any prospective decision to designate, on the basis of the environmental impact statement, a catastrophic event area. The comment period shall begin on the date of the publication of the draft environmental impact statement or the date notice is published under paragraph (3) of the prospective decision to designate the catastrophic event area, whichever is later. During the comment period, the Secretary shall hold a hearing on the decision in a community near the area proposed for designation. (d) Resource Management Activities.--During the term of the pilot project, the Secretary shall implement and carry out the following resource management activities on the Federal lands included within the pilot project area designated under subsection (b)(2): (1) Construction of a strategic system of defensible, shaded fuelbreaks on not less than 50,000 acres per year. (2) Implementation, on an acreage rather than volume basis, of uneven-aged forest management prescriptions utilizing individual tree selection and group selection to achieve a desired future condition of an all-age, multi-story, fire resistant forest. (e) Cost-Effectiveness.--In conducting the pilot project, Secretary shall use the most cost-effective means available, as determined by the Secretary, to implement resource management activities described in subsection (d). (f) Effect on Multiple Use Activities.--The Secretary shall not rely on the resource management activities described in subsection (d) as a basis for administrative action limiting other multiple use activities on Federal lands included within the pilot project area designated under subsection (b)(2). (g) Funding.-- (1) Source of funds.--In conducting the pilot project, the Secretary shall use-- (A) those funds that were specifically provided to the Forest Service by the Secretary during fiscal year 1996 to begin implementing resource management activites according to the Quincy Library Group Proposal of 1993; and (B) other funds as are appropriated for the administration of Plumas National Forest, Lassen National Forest, and the Sierraville Ranger District of the Tahoe National Forest. (2) Prohibition on use of certain funds.--The Secretary may not conduct the pilot project using funds appropriated for any other unit of the National Forest System. (h) Term of Pilot Project.--The Secretary shall conduct the pilot project during the period beginning on the date of the enactment of this Act and ending on the later of the following: (1) The date on which the Secretary completes amendment of the land and resource management plans for Plumas National Forest, Lassen National Forest, and Tahoe National Forest pursuant to subsection (i). (2) The date that is five years after the date of the enactment of this Act. (i) Corresponding Forest Plan Amendments.--Commencing on the date of the enactment of this Act, the Secretary shall initiate a process to amend the land and resource management plans for the Plumas National Forest, Lassen National Forest, and Tahoe National Forest to, where appropriate-- (1) incorporate the pilot project and area designations made by subsection (b) and the resource management activities described in subsection (d); and (2) make other changes warranted by the analyses conducted in compliance with section 102(2) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)), section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604), and other applicable laws. (j) Reporting Requirements.--Not later than January 1 of each year during the term of the pilot project, the Secretary shall submit to Congress a report on the status of the pilot project. The report shall include at least the following: (1) An accounting of the use of funds specified in subsection (g)(1)(A) until such funds are fully expended. (2) A description of total acres treated, forest health improvements, fire risk reductions, water yield increases, and other natural resources-related benefits achieved by the implementation of the resource management activities described in subsection (d). (3) A description of the economic benefits to local communities achieved by the implementation of the pilot project. (4) A comparison of the revenues generated by, and costs incurred in, the implementation of the resource management activities with the revenues generated by, and costs incurred in, timber management of the Federal lands included in the pilot project area during each of the fiscal years 1992 through 1996. (5) A schedule for the resource management activities to be undertaken in the pilot project area during the next fiscal year. | Quincy Library Group Forest Recovery and Economic Stability Act of 1996 - Directs the Secretary of Agriculture to conduct a pilot project within the Plumas, Lassen, and Tahoe National Forests, California, to demonstrate the effectiveness of specified resource management activities recommended by the Quincy Library Group. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Fixing America's Inconsistent Redistricting (FAIR) Act''. SEC. 2. REQUIRING REDISTRICTING TO BE CONDUCTED THROUGH PLAN OF NONPARTISAN SERVICE AGENCIES OF STATE LEGISLATURES. (a) Use of Nonpartisan Plan.--Notwithstanding any other provision of law, any Congressional redistricting conducted by a State shall be conducted in accordance with a redistricting plan-- (1) developed by a nonpartisan agency of the legislative branch of the State government in accordance with section 3; and (2) enacted into law by the State in accordance with section 4. (b) Conforming Amendment.--Section 22(c) of the Act entitled ``An Act to provide for the fifteenth and subsequent decennial censuses and to provide for an apportionment of Representatives in Congress'', approved June 18, 1929 (2 U.S.C. 2a(c)), is amended by striking ``in the manner provided by the law thereof'' and inserting: ``in the manner provided by the Fixing America's Inconsistent Redistricting (FAIR) Act''. SEC. 3. DEVELOPMENT OF PLAN. (a) Establishment or Designation of Nonpartisan Agency of State Legislature.-- (1) In general.--Not later than each December 31 of the year preceding a redistricting year, each State shall establish a nonpartisan agency in the legislative branch of the State government to develop the redistricting plan for the State for the redistricting year. (2) Nonpartisanship described.--For purposes of this subsection, an agency shall be considered to be nonpartisan if under law the agency-- (A) is required to provide services on a nonpartisan basis; (B) is required to maintain impartiality; and (C) is prohibited from advocating for the adoption or rejection of any proposal. (3) Designation of existing agency.--At its option, a State may designate an existing agency in the legislative branch of its government to develop the redistricting plan for the State under this Act, so long as the agency meets the requirements for nonpartisanship under this subsection. (4) Termination of agency specifically established for redistricting.--If a State does not designate an existing agency under paragraph (3) but instead establishes a new agency to serve as the nonpartisan agency under this section, the new agency shall terminate upon the enactment into law of the redistricting plan for the State. (b) Development of Redistricting Plan.-- (1) Criteria.--The nonpartisan agency established or designated by a State under this section shall develop a redistricting plan for the State in accordance with the following criteria: (A) Adherence to the ``one person, one vote'' standard and other requirements imposed under the Constitution of the United States. (B) To the greatest extent mathematically possible, ensuring that the population of each Congressional district in the State does not vary by more than one percent from the population of any other Congressional district in the State (as determined on the basis of the total count of persons of the most recent decennial census conducted by the Bureau of the Census). (C) Consistency with any applicable requirements of the Voting Rights Act of 1965 and other Federal laws. (D) Ensuring that districts are contiguous (except to the extent necessary to include any area which is surrounded by a body of water). (E) To the greatest extent practicable, the maintenance of the geographic continuity of the political subdivisions of the State which are included in the same Congressional district. (F) To the greatest extent practicable, maintaining compact districts. (2) Factors prohibited from consideration.--In developing the redistricting plan for the State, the nonpartisan agency may not take into consideration any of the following factors, except to the extent necessary to comply with the Voting Rights Act of 1965: (A) The residence of incumbent Members of the House of Representatives in the State. (B) The voting history of the population of a Congressional district, except that the agency may take such history into consideration to the extent necessary to comply with any State law which requires the establishment of competitive Congressional districts. (C) The political party affiliation of the population of a district. (c) Submission of Plan to Legislature and Temporary Redistricting Advisory Commission.--Not later than April 1 of the redistricting year, the nonpartisan agency shall submit the redistricting plan developed under this section to the State legislature and to the Temporary Redistricting Advisory Commission of the legislature established under section 4(a). SEC. 4. ENACTMENT OF PLAN BY STATE LEGISLATURE. (a) Role of Temporary Redistricting Advisory Commission.-- (1) In general.--Not later than February 15 of each redistricting year, each State shall appoint a commission to be known as the ``Temporary Redistricting Advisory Commission'' (hereafter referred to as the ``Commission''), consisting of-- (A) 2 members, of whom 1 shall be appointed by the majority leader of the upper house of the State legislature and 1 shall be appointed by the majority leader of the lower house of the State legislature (or, in the case of a State with a unicameral legislature, both of whom shall be appointed by the majority leader of the legislature); (B) 2 members, of whom 1 shall be appointed by the minority leader of the upper house of the State legislature and 1 shall be appointed by the minority leader of the lower house of the State legislature (or, in the case of a State with a unicameral legislature, both of whom shall be appointed by the minority leader of the legislature); and (C) 1 member appointed by a majority vote of the members appointed under the previous subparagraphs. (2) Qualifications.--An individual is eligible to serve as a member of the Commission if the individual meets each of the following requirements: (A) The individual is an eligible elector of the State at the time of appointment. (B) The individual does not hold a partisan political office or serve as an officer of a political party. (C) The individual is not an employee or an immediate family member of a member of the State legislature or member of Congress, or an employee of the State legislature or Congress. In this subparagraph, the term ``immediate family member'' means, with respect to an individual, a father, mother, son, daughter, brother, sister, husband, wife, father- in-law, or mother-in-law. (3) Assistance to nonpartisan agency.--At the request of the nonpartisan agency established or designated under section 3, the Commission shall provide guidance to the agency in its development of the redistricting plan for the State. (4) Review of nonpartisan agency plan.-- (A) Hearings.--Upon receiving the redistricting plan from the nonpartisan agency under section 3(c), the Commission shall analyze and review the plan, and shall hold at least 3 public hearings in various geographic areas of the State to solicit comments on the plan. (B) Report to legislature.--Not later than 14 days after receiving the redistricting plan from the nonpartisan agency under section 3, the Commission shall submit a report to the State legislature which includes the Commission's recommendation regarding whether the legislature should adopt or reject the plan, taking into account any comments provided at the hearings held under subparagraph (A), as well as any other comments and conclusions regarding the plan which the Commission considers appropriate. (5) Termination.--The Commission shall terminate upon the enactment into law of the redistricting plan for the State. (b) Action by State Legislature and Chief Executive To Enact Plan.-- (1) Consideration of plan by legislature.--Not later than 3 days after receiving the Commission's report under subsection (a) on the redistricting plan developed by the nonpartisan agency, the State legislature shall either-- (A) approve the plan as submitted by the nonpartisan agency without amendment and forward the plan to the chief executive of the State; or (B) reject the plan. (2) Enactment of plan.-- (A) In general.--A redistricting plan developed by the nonpartisan agency shall be considered to be enacted into law if the plan is forwarded to the chief executive of the State pursuant to paragraph (1)(A) and-- (i) the chief executive approves the plan as forwarded by the legislature without amendment; or (ii) the chief executive vetoes the plan and the legislature overrides the veto in accordance with the applicable law of the State, except that at no time may the plan be amended. (B) Special rule.--In the case of a State in which the chief executive is prohibited under State law from acting on a redistricting plan, a redistricting plan developed by the nonpartisan agency shall be considered to be enacted into law if the State legislature approves the plan as submitted by the nonpartisan agency without amendment. (c) Effect of Rejection of Plan.-- (1) Rejection by legislature.--If the State legislature votes under subsection (b)(1) to reject the redistricting plan of the nonpartisan agency, not later than 7 days after the vote to reject the plan the legislature shall submit to the nonpartisan agency and disseminate publicly a statement of the legislature's reasons for rejecting the plan. (2) Veto by chief executive.--If the chief executive vetoes the redistricting plan of the nonpartisan agency and the State legislature fails to override the veto, not later than 7 days after the failed vote to override the veto the chief executive shall submit to the nonpartisan agency and disseminate publicly a statement of the chief executive's reasons for vetoing the plan. (3) Development and submission of revised plan.--Not later than 35 days after receiving a statement from the State legislature under paragraph (1) or a statement from the chief executive of the State under paragraph (2) (as the case may be), the nonpartisan agency established or designated under section 3 shall develop a revised redistricting plan for the State which is consistent with the criteria set forth in section 3(b) but which addresses the reasons provided under paragraph (1) or paragraph (2) (as the case may be) for the rejection of the plan, and shall submit the revised plan to the State legislature. (4) Consideration of revised plan by legislature.--Not later than 7 days after receiving the revised redistricting plan under paragraph (3), the State legislature shall either-- (A) approve the revised plan as submitted by the nonpartisan agency without amendment and forward the plan to the chief executive of the State; or (B) reject the plan. (5) Enactment of revised plan.--Subsection (b)(2) shall apply with respect to the enactment of the revised plan developed and submitted by the nonpartisan agency under paragraph (3) in the same manner as such subsection applies with respect to the initial redistricting plan developed and submitted by the agency under such subsection. (d) Effect of Rejection of Revised Plan; Permitting Legislature To Amend Second Revised Plan.-- (1) Rejection by legislature.--If the State legislature votes under subsection (c)(4) to reject the revised redistricting plan of the nonpartisan agency, not later than 7 days after the vote to reject the plan the legislature shall submit to the nonpartisan agency and disseminate publicly a statement of the legislature's reasons for rejecting the revised plan. (2) Veto by chief executive.--If the chief executive vetoes the revised redistricting plan of the nonpartisan agency and the State legislature fails to override the veto, not later than 7 days after the failed vote to override the veto the chief executive shall submit to the nonpartisan agency and disseminate publicly a statement of the chief executive's reasons for vetoing the revised plan. (3) Development and submission of second revised plan.--Not later than 35 days after receiving a statement from the State legislature under paragraph (1) or a statement from the chief executive of the State under paragraph (2) (as the case may be), the nonpartisan agency established or designated under section 3 shall develop a second revised redistricting plan for the State which is consistent with the criteria set forth in section 3(b) but which addresses the reasons provided under paragraph (1) or paragraph (2) (as the case may be) for the rejection of the revised plan, and shall submit the second revised plan to the State legislature. (4) Consideration of second revised plan by legislature.-- Not later than 7 days after receiving the second revised redistricting plan under paragraph (3), the State legislature shall either-- (A) approve the second revised plan as submitted by the nonpartisan agency with or without amendment and forward the plan to the chief executive of the State; or (B) reject the plan. (5) Enactment of second revised plan.--Subsection (b)(2) shall apply with respect to the enactment of the second revised plan developed and submitted by the nonpartisan agency under paragraph (3) in the same manner as such subsection applies with respect to the initial redistricting plan developed and submitted by the agency under such subsection. (e) Rejection of Second Revised Plan.-- (1) Development of plan by highest court of state.--If the second revised redistricting plan developed and submitted under subsection (d) is not enacted into law, the highest court of the State shall assume sole responsibility for the development and enactment of the redistricting plan for the State, and shall publish the plan it develops not later than November 15 of the redistricting year. (2) Application of same criteria used by nonpartisan agency.--Section 3(b) shall apply with respect to the development of the redistricting plan by a court under this subsection in the same manner as such section applies to the development of the plan by the nonpartisan agency under section 3. (3) Enactment upon publication.--Upon the publication by the highest court of the State of the redistricting plan under this subsection, the plan shall be deemed to be enacted into law. SEC. 5. REDISTRICTING YEAR DEFINED. In this Act, the term ``redistricting year'' means, with respect to a State, the year in which the chief executive officer of the State receives the notice from the Clerk of the House of Representatives under section 22(b) of the Act entitled ``An Act to provide for the fifteenth and subsequent decennial censuses and to provide for an apportionment of Representatives in Congress'', approved June 18, 1929 (2 U.S.C. 2a), of the number of Representatives to which the State is entitled. SEC. 6. NO EFFECT ON ELECTIONS FOR STATE AND LOCAL OFFICE. Nothing in this Act or in any amendment made by this Act may be construed to affect the manner in which a State carries out elections for State or local office, including the process by which a State establishes the districts used in such elections. SEC. 7. EFFECTIVE DATE. This Act and the amendments made by this Act shall apply with respect to any Congressional redistricting which occurs after the regular decennial census conducted during 2020. | Fixing America's Inconsistent Redistricting (FAIR) Act - Requires any congressional redistricting conducted by a state to be conducted in accordance with a redistricting plan developed by a nonpartisan agency of the legislative branch of the state government and enacted into law by the state. Requires each state, by December 31 of the year preceding a redistricting year, to establish a nonpartisan agency in the state government's legislative branch to develop the state's redistricting plan according to specified criteria. Requires the state to appoint a Temporary Redistricting Advisory Commission by February 15 of each redistricting year to: (1) guide the agency in development of the plan, (2) analyze and review the plan, and (3) recommend to the state legislature whether it should be adopted or rejected. Requires the state legislature to approve or reject the plan within three days after receiving the Commission's report. Prescribes requirements for development and submission of revised plans when preceding plans are rejected. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``African Elephant Conservation and Legal Ivory Possession Act of 2015''. SEC. 2. LIMITED EXEMPTION FOR CERTAIN AFRICAN ELEPHANT IVORY. Section 2203 of the African Elephant Conservation Act (16 U.S.C. 4223) is amended-- (1) in the section heading by striking ``acts.'' and inserting ``acts. ``(a) In General.--''; (2) in subsection (a) (as so designated), by inserting ``subsection (b) and'' after ``in''; and (3) by adding at the end the following: ``(b) Exemption.--Nothing in this Act or subsection (a) or (d) of section 9 of the Endangered Species Act of 1973 (16 U.S.C. 1538) prohibits the importation or exportation, or requires permission of the Secretary for the importation or exportation, of-- ``(1) any raw ivory or worked ivory-- ``(A) imported solely to become part of a permanent collection of a museum, return to a lending museum, or display in a museum; or ``(B) exported solely-- ``(i) to display in a foreign museum; or ``(ii) to return to a foreign person who lent the ivory to a museum in the United States; ``(2) any raw ivory or worked ivory that was lawfully importable into the United States on February 24, 2014, regardless of the date on which the ivory was acquired; or ``(3) any worked ivory that was previously lawfully possessed in the United States.''. SEC. 3. TREATMENT OF ELEPHANT IVORY. Section 2203 of the African Elephant Conservation Act (16 U.S.C. 4223) (as amended by section 2) is amended by adding at the end the following: ``(c) Treatment of Elephant Ivory.--Nothing in this Act or the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or the African Elephant Conservation Act (16 U.S.C. 4201 et seq.)-- ``(1) prohibits, or authorizes prohibiting, the purchase, possession, sale, delivery, receipt, shipment, export or import, or transportation of African elephant ivory, or any product or antique containing African elephant ivory, that has been lawfully imported or crafted in the United States; or ``(2) authorizes using any means of determining for purposes of this Act or the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) whether African elephant ivory or an antique containing African elephant ivory has been lawfully imported, exported, bought, sold, possessed, or transported, including any presumption or burden of proof applied in such a determination, other than the means used by the Secretary as of February 24, 2014.''. SEC. 4. SPORT-HUNTED ELEPHANT TROPHIES. Section 2203 of the African Elephant Conservation Act (16 U.S.C. 4223) (as amended by section 3) is amended by adding at the end the following: ``(d) Sport-Hunted Elephant Trophies.--Nothing in this Act or subsection (a) or (d) of section 9 of the Endangered Species Act of 1973 (16 U.S.C. 1538) prohibits any citizen or legal resident of the United States, or an agent of such an individual, from importing a sport-hunted African elephant trophy under section 2202(e), if the country in which the African elephant was taken had an elephant population on appendix II of CITES on the date on which the trophy elephant was taken. ``(e) Relationship to the Convention.--Nothing in this section modifies or repeals-- ``(1) the duties of the Secretary to implement CITES and the appendices of CITES; or ``(2) section 8A or 9(c) of the Endangered Species Act of 1973 (16 U.S.C. 1537a, 1538(c)).''. SEC. 5. PLACEMENT OF UNITED STATES FISH AND WILDLIFE SERVICE LAW ENFORCEMENT OFFICER IN EACH AFRICAN ELEPHANT RANGE COUNTRY. Part I of the African Elephant Conservation Act (16 U.S.C. 4211 et seq.) is amended by adding at the end the following: ``SEC. 2105. PLACEMENT OF UNITED STATES FISH AND WILDLIFE SERVICE LAW ENFORCEMENT OFFICER IN EACH AFRICAN ELEPHANT RANGE COUNTRY. ``(a) In General.--The Secretary, in coordination with the Secretary of State, may station in each African country that has a significant population of African elephants one United States Fish and Wildlife Service law enforcement officer in the primary United States diplomatic or consular post. ``(b) Duties.--A United States Fish and Wildlife Service law enforcement officer stationed in an African elephant range country under subsection (a) shall-- ``(1) assist local wildlife rangers in the protection of African elephants; and ``(2) facilitate the apprehension of individuals who illegally kill, or assist the illegal killing of, African elephants.''. SEC. 6. CERTIFICATION FOR PURPOSES OF THE FISHERMEN'S PROTECTIVE ACT OF 1967. Section 2202 of the African Elephant Conservation Act (16 U.S.C. 4222) is amended by adding at the end the following: ``(g) Certification.--If the Secretary determines that a country, directly or indirectly, is a significant transit or destination point for illegal ivory trade, the Secretary shall certify that fact to the President with respect to the country for purposes of section 8(a) of the Fishermen's Protective Act of 1967 (22 U.S.C. 1978(a)).''. SEC. 7. AFRICAN ELEPHANT CONSERVATION ACT FINANCIAL ASSISTANCE PRIORITY AND REAUTHORIZATION. (a) Financial Assistance Priority.--Section 2101 of the African Elephant Conservation Act (16 U.S.C. 4211) is amended-- (1) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and (2) by inserting after subsection (d) the following: ``(e) Priority.--The Secretary shall, in providing financial assistance under this section, give priority to projects designed to facilitate the acquisition of equipment and training of wildlife officials in ivory producing countries to be used in anti-poaching efforts.''. (b) Reauthorization.--Section 2306(a) of the African Elephant Conservation Act (16 U.S.C. 4245(a)) is amended by striking ``2007 through 2012'' and inserting ``2016 through 2020''. | African Elephant Conservation and Legal Ivory Possession Act of 2015 This bill revises and reauthorizes the African Elephant Conservation Act through FY2020. Raw or worked ivory may be imported or exported under that Act and the Endangered Species Act of 1973 if: (1) the ivory is for a museum; (2) the ivory was lawfully importable into the United States on February 24, 2014, regardless of when it was acquired; or (3) the worked ivory was previously lawfully possessed in the United States. This bill authorizes: (1) commerce in African elephant ivory or in products containing African elephant ivory that have been lawfully imported or crafted in the United States; and (2) the importation of a sport-hunted African elephant trophy if the trophy was taken from certain elephants populations that at the time were not necessarily threatened with extinction, but may have become so unless trade was closely controlled. Interior may station one U.S. Fish and Wildlife Service law enforcement officer in each African country that has a significant population of African elephants to assist local wildlife rangers in protecting the elephants and facilitating the apprehension of individuals who illegally kill them or assist in killing them. The President may embargo any products from a country if it is a significant transit or destination point for illegal ivory trade. In providing financial assistance under the African Elephant Conservation Act, Interior must prioritize projects for facilitating the acquisition of equipment and training to wildlife officials in ivory-producing countries to be used in anti-poaching efforts. |
SECTION 1. EQUAL ACCESS TO JUSTICE REFORM. (a) Short Title.--This Act may be cited as the ``Equal Access to Justice Reform Amendments of 1995''. (b) Award of Costs and Fees.-- (1) Administrative proceedings.--Section 504(a)(2) of title 5, United States Code, is amended by inserting after ``(2)'' the following: ``At any time after the commencement of an adversary adjudication covered by this section, the adjudicative officer may ask a party to declare whether such party intends to seek an award of fees and expenses against the agency should it prevail.''. (2) Judicial proceedings.--Section 2412(d)(1)(B) of title 28, United States Code, is amended by inserting after ``(B)'' the following: ``At any time after the commencement of an adversary adjudication covered by this section, the court may ask a party to declare whether such party intends to seek an award of fees and expenses against the agency should it prevail.''. (c) Hourly Rate for Attorney Fees.-- (1) Administrative proceedings.--Section 504(b)(1)(A)(ii) of title 5, United States Code, is amended by striking out all beginning with ``$75 per hour'' and inserting in lieu thereof ``$125 per hour unless the agency determines by regulation that an increase in the cost-of-living based on the date of final disposition justifies a higher fee.);''. (2) Judicial proceedings.--Section 2412(d)(2)(A)(ii) of title 28, United States Code, is amended by striking out all beginning with ``$75 per hour'' and inserting in lieu thereof ``$125 per hour unless the court determines that an increase in the cost-of-living based on the date of final disposition justifies a higher fee.);''. (d) Offers of Settlement.-- (1) Administrative Proceedings.--Section 504 of title 5, United States Code, is amended-- (A) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and (B) by inserting after subsection (d) the following new subsection: ``(e)(1) At any time after the filing of an application for fees and other expenses under this section, an agency from which a fee award is sought may serve upon the applicant an offer of settlement of the claims made in the application. If within 10 days after service of the offer the applicant serves written notice that the offer is accepted, either party may then file the offer and notice of acceptance together with proof of service thereof. ``(2) An offer not accepted shall be deemed withdrawn. The fact that an offer is made but not accepted shall not preclude a subsequent offer. If any award of fees and expenses for the merits of the proceeding finally obtained by the applicant is not more favorable than the offer, the applicant shall not be entitled to receive an award for attorneys' fees or other expenses incurred in relation to the application for fees and expenses after the date of the offer.''. (2) Judicial Proceedings.--Section 2412 of title 28, United States Code, is amended-- (A) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and (B) by inserting after subsection (d) the following new subsection: ``(e)(1) At any time after the filing of an application for fees and other expenses under this section, an agency of the United States from which a fee award is sought may serve upon the applicant an offer of settlement of the claims made in the application. If within 10 days after service of the offer the applicant serves written notice that the offer is accepted, either party may then file the offer and notice of acceptance together with proof of service thereof. ``(2) An offer not accepted shall be deemed withdrawn. The fact that an offer is made but not accepted shall not preclude a subsequent offer. If any award of fees and expenses for the merits of the proceeding finally obtained by the applicant is not more favorable than the offer, the applicant shall not be entitled to receive an award for attorneys' fees or other expenses incurred in relation to the application for fees and expenses after the date of the offer.''. (e) Elimination of Substantial Justification Standard.-- (1) Administrative proceedings.--Section 504 of title 5, United States Code, is amended-- (A) in subsection (a)(1) by striking out all beginning with ``, unless the adjudicative officer'' through ``expenses are sought''; and (B) in subsection (a)(2) by striking out ``The party shall also allege that the position of the agency was not substantially justified.''. (2) Judicial proceedings.--Section 2412(d) of title 28, United States Code, is amended-- (A) in paragraph (1)(A) by striking out ``, unless the court finds that the position of the United States was substantially justified or that special circumstances make an award unjust''; (B) in paragraph (1)(B) by striking out ``The party shall also allege that the position of the United States was not substantially justified. Whether or not the position of the United States was substantially justified shall be determined on the basis of the record (including the record with respect to the action or failure to act by the agency upon which the civil action is based) which is made in the civil action for which fees and other expenses are sought.''; and (C) in paragraph (3) by striking out ``, unless the court finds that during such adversary adjudication the position of the United States was substantially justified, or that special circumstances make an award unjust''. (f) Reports to Congress.-- (1) Administrative proceedings.--No later than 180 days after the date of the enactment of this Act, the Administrative Conference of the United States shall submit a report to the Congress-- (A) providing an analysis of the variations in the frequency of fee awards paid by specific Federal agencies under the provisions of section 504 of title 5, United States Code; and (B) including recommendations for extending the application of such sections to other Federal agencies and administrative proceedings. (2) Judicial proceedings.--No later than 180 days after the date of the enactment of this Act, the Department of Justice shall submit a report to the Congress-- (A) providing an analysis of the variations in the frequency of fee awards paid by specific Federal districts under the provisions of section 2412 of title 28, United States Code; and (B) including recommendations for extending the application of such sections to other Federal judicial proceedings. (g) Effective Date.--The provisions of this Act and the amendments made by this Act shall take effect 30 days after the date of the enactment of this Act and shall apply only to an administrative complaint filed with a Federal agency or a civil action filed in a United States court on or after such date. | Equal Access to Justice Reform Amendments of 1995 - Authorizes the adjudicative officer (in administrative proceedings) and the court (in judicial proceedings) to ask a party to declare whether such party intends to seek an award of fees and expenses against a Federal agency should it prevail. Increases the amount of attorney's fees that may be awarded to $125 per hour unless the agency (in administrative proceedings) or the court (in judicial proceedings) determines that an increase in the cost-of-living based on the date of final disposition justifies a higher fee. Specifies that: (1) at any time after the filing of an application for fees and other expenses an agency may offer a settlement of the claims made (and, if within ten days, the applicant accepts, either party may file the offer and notice of acceptance); (2) an offer not accepted shall be deemed withdrawn (but shall not preclude a subsequent offer); and (3) if any award finally obtained by the applicant is not more favorable than the offer, the applicant shall not be entitled to receive an award for attorney's fees or other expenses incurred in relation to the application for fees and expenses after the date of the offer. Deletes requirements that a court find or a party allege that the position of the agency or of the United States was or was not substantially justified. Requires the Administrative Conference of the United States and the Department of Justice to report to the Congress on fee awards paid by Federal districts and agencies. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Effective Interrogation of Unprivileged Enemy Belligerents Act''. SEC. 2. PROCEDURES FOR INTERROGATION OF CERTAIN TERRORIST DETAINEES. The Detainee Treatment Act of 2005 (title X of Public Law 109-148; 119 Stat. 2739) is amended by inserting after section 1005 the following new section: ``SEC. 1005A. PROCEDURES FOR INTERROGATION OF CERTAIN TERRORIST DETAINEES. ``(a) In General.--Not later than 90 days after the date of enactment of the Effective Interrogation of Unprivileged Enemy Belligerents Act, the Secretary of Defense, the Director of National Intelligence, and the Attorney General, shall jointly submit to the appropriate committees of Congress procedures for the interrogation of unprivileged enemy belligerents who are suspected of possessing significant information and who are under-- ``(1) the control or custody of the United States; or ``(2) the control and custody of a foreign government, entity, or law enforcement or intelligence agency that is providing access to the United States for the purpose of interrogation of such unprivileged enemy belligerents. ``(b) Elements of Procedures.--The procedures required by this section shall-- ``(1) provide for the creation of an entity composed of representatives of the Federal Bureau of Investigation, the Central Intelligence Agency, Defense Intelligence Agency, and any other appropriate element of the intelligence community or Department of Defense, that shall have primary responsibility for the interrogation of unprivileged enemy belligerents who are suspected of possessing significant information; ``(2) specify the criteria and process by which the intelligence community determines, at any time prior to initiating an interrogation under this section, that an unprivileged enemy belligerent is suspected of possessing significant information; ``(3) include a presumption that the entity created under paragraph (1) shall interrogate unprivileged enemy belligerents who are suspected of possessing significant information, regardless of place of capture, unless a determination that specific security, operational, or logistical concerns prevent the deployment or use of such entity is made-- ``(A) with respect to an unprivileged enemy belligerent located inside the United States, by the Director of the Federal Bureau of Investigation; or ``(B) with respect to an unprivileged enemy belligerent located outside the United States, by the Director of the Central Intelligence Agency, in consultation with the Director of the Defense Intelligence Agency; ``(4) include the process by which an individual in the custody of a Federal, State, or local law enforcement agency or a department or agency of the United States who is suspected of possessing significant information may be designated at any time as an unprivileged enemy belligerent and transferred immediately to the custody of the Secretary of Defense for interrogation consistent with the procedures established under this section, including a process for the designation of responsibilities for managing and coordinating the logistics of detainee transport; ``(5) include the process by which the entity created under paragraph (1)-- ``(A) shall have full and complete access to an unprivileged enemy belligerent subject to interrogation under this section who is under the control or custody of the United States, regardless of place of capture, including procedures for the transfer, if necessary, of such detainee to the custody of the Department of Defense for purposes of interrogation; and ``(B) may request appropriate access to an unprivileged enemy belligerent subject to interrogation under this section who is under the control or custody of a foreign government, entity, or law enforcement or intelligence agency; ``(6) provide that obtaining timely and actionable intelligence shall have priority over the interests of criminal prosecution, including a strong presumption against providing access to or allowing the presence of counsel during any interrogation of an unprivileged enemy belligerent under this section conducted for the purpose of intelligence collection; ``(7) provide that, upon conclusion of interrogation under this section of an unprivileged enemy belligerent who is under the control or custody of the United States, the Secretary of Defense, in consultation with the Attorney General and the Director of National Intelligence, shall determine the status and disposition of such individual; and ``(8) provide that exceptions to the procedures required by this section may only be authorized-- ``(A) with respect to an unprivileged enemy belligerent located inside the United States, by the Director of the Federal Bureau of Investigation; or ``(B) with respect to an unprivileged enemy belligerent located outside the United States, by the Director of the Central Intelligence Agency, in consultation with the Director of the Defense Intelligence Agency. ``(c) Identification.--Not later than 180 days after the date of enactment of the Effective Interrogation of Unprivileged Enemy Belligerents Act, and every 180 days thereafter, the Director of National Intelligence shall provide to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives the identities of any unprivileged enemy belligerents who, during such period, have been-- ``(1) interrogated pursuant to this section; or ``(2) determined by the intelligence community under subsection (b)(2) to meet the requirements for interrogation pursuant to this section. ``(d) Modification of Procedures.-- ``(1) Submission to appropriate committees of congress.-- The Secretary of Defense, in coordination with the Director of National Intelligence and the Attorney General, shall submit to the appropriate committees of Congress any modification of the procedures submitted under this section not later than 60 days before the date on which such modification becomes effective. ``(2) Notification.--If during the course of, or prior to, the conduct of an interrogation of an unprivileged enemy belligerent, an exception to the procedures submitted under this section is authorized under subsection (b), the Secretary of Defense, in coordination with the Director of National Intelligence and the Attorney General, shall notify the appropriate committees of Congress within ten days of such authorization. ``(e) Definitions.--In this section: ``(1) Appropriate committees of congress.--The term `appropriate committees of Congress' means-- ``(A) the Committee on Armed Services, the Committee on the Judiciary, and the Select Committee on Intelligence of the Senate; and ``(B) the Committee on Armed Services, the Committee on the Judiciary, and the Permanent Select Committee on Intelligence of the House of Representatives. ``(2) Intelligence community.--The term `intelligence community' has the meaning given that term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)). ``(3) Interrogation.--The term `interrogation' includes custodial debriefings of unprivileged enemy belligerents who are suspected of possessing significant information conducted for the purpose of intelligence collection. ``(4) Unprivileged enemy belligerent.--The term `unprivileged enemy belligerent' has the meaning given that term in section 2256(a) of title 28, United States Code.''. | Effective Interrogation of Unprivileged Enemy Belligerents Act - Amends the Detainee Treatment Act of 2005 to require the Secretary of Defense (DOD), the Director of National Intelligence (DNI), and the Attorney General to jointly submit to Congress procedures for the interrogation of unprivileged enemy belligerents who are suspected of possessing significant information and who are under the control and custody of the United States or a foreign government, entity, or law enforcement or intelligence agency that is providing access to the United States for the purpose of interrogation. Requires such procedures to include the creation of an entity composed of representatives of the Federal Bureau of Investigation (FBI), Central Intelligence Agency (CIA), Defense Intelligence Agency (DIA), and any other appropriate element of the intelligence community or DOD, which shall have primary responsibility for the interrogation of such belligerents. Requires the Secretary, upon conclusion of an interrogation, to determine the individual's status and disposition. Requires the DNI to notify the congressional intelligence committees semiannually of the identities of any unprivileged enemy belligerents who have been interrogated or determined to meet the requirements for interrogation. Directs the Secretary to notify Congress: (1) within 60 days after any modifications to the interrogation procedures, and (2) within ten days after the authorization of an exception to such procedures. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Restoring Accountability in Veterans Access to Health Care Act''. SEC. 2. TREATMENT OF STAFFING SHORTAGE AND REPORT ON STAFFING OF MEDICAL FACILITIES OF THE DEPARTMENT OF VETERANS AFFAIRS. (a) Staffing Shortage.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Inspector General of the Department of Veterans Affairs shall determine, and publish in the Federal Register, the five occupations of health care providers of the Department of Veterans Affairs for which there is the largest staffing shortage throughout the Department. (2) Recruitment and appointment.--Notwithstanding sections 3304 and 3309 through 3318 of title 5, United States Code, the Secretary of Veterans Affairs, based upon a determination by the Inspector General under paragraph (1) that there is a staffing shortage throughout the Department with respect to a particular occupation of health care provider, may recruit and directly appoint highly qualified health care providers to a position to serve as a health care provider in that particular occupation for the Department. (b) Reports.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, and not later than December 31 of each even numbered year thereafter until 2024, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report assessing the staffing of each medical facility of the Department of Veterans Affairs. (2) Elements.--Each report submitted under paragraph (1) shall include the following: (A) The results of a system-wide assessment of all medical facilities of the Department to ensure the following: (i) Appropriate staffing levels for health care providers to meet the goals of the Secretary for timely access to care for veterans. (ii) Appropriate staffing levels for support personnel, including clerks. (iii) Appropriate sizes for clinical panels. (iv) Appropriate numbers of full-time staff, or full-time equivalent, dedicated to direct care of patients. (v) The appropriate physician to patient ratio (including for both primary and specialty care), as compared to such ratio as it exists on the date of the report. (vi) Appropriate physical plant space to meet the capacity needs of the Department in that area. (vii) Such other factors as the Secretary considers necessary. (B) An explanation of the measurable productivity standards used to establish the levels in the assessment described in subparagraph (A). (C) A plan for addressing any issues identified in the assessment described in subparagraph (A), including a timeline for addressing such issues. (D) A list of the current wait times and workload levels for the following clinics in each medical facility: (i) Mental health. (ii) Primary care. (iii) Gastroenterology. (iv) Women's health. (v) Specialty care. (vi) Ophthalmology. (vii) Such other clinics as the Secretary considers appropriate. (E) A description of the results of the determination of the Secretary under paragraph (1) of subsection (a) and a plan to use direct appointment authority under paragraph (2) of such subsection to fill staffing shortages, including recommendations for improving the speed at which the credentialing and privileging process can be conducted. (F) The current staffing models of the Department for the following clinics, including recommendations for changes to such models: (i) Mental health. (ii) Primary care. (iii) Gastroenterology. (iv) Women's health. (v) Specialty care. (vi) Ophthalmology. (vii) Such other clinics as the Secretary considers appropriate. (G) A detailed analysis of succession planning at medical facilities of the Department, including the following: (i) The number of positions in medical facilities throughout the Department that are not filled by a permanent employee. (ii) The length of time each such position described in clause (i) remained vacant or filled by a temporary or acting employee. (iii) A description of any barriers to filling the positions described in clause (i). (iv) A plan for filling any positions that are vacant or filled by a temporary or acting employee for more than 180 days. (v) A plan for handling emergency circumstances, such administrative leave or sudden medical leave for senior officials. (H) The number of health care providers who have been removed from their position or have retired, by provider type, during the two-year period preceding the submittal of the report. (I) Of the health care providers specified in subparagraph (G) that have been removed from their position, the following: (i) The number of such health care providers who were reassigned to another position in the Department. (ii) The number of such health care providers who left the Department. SEC. 3. CLINIC MANAGEMENT TRAINING PROGRAM OF THE DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall implement a clinic management training program to provide in-person, standardized education on health care management to all managers of, and health care providers at, medical facilities of the Department of Veterans Affairs. (b) Elements.--The clinic management training program required by subsection (a) shall include the following: (1) Training on how to manage the schedules of health care providers of the Department and training on customer service and veteran-centered care, including proper planning procedures for vacation, leave, and graduate medical education training schedules. (2) Training on the appropriate number of appointments that a health care provider should conduct on a daily basis, based on specialty. (3) Training on how to determine whether there are enough available appointment slots to manage demand for different appointment types and mechanisms for alerting management of insufficient slots. (4) Training on how scheduling systems will be monitored and how schedulers will be held accountable for accurate data. (5) Training on how to properly use data to meet the demand for health care, including the following: (A) Training on determining the next available appointment for each health care provider at the medical facility. (B) Training on determining the number of health care providers needed to meet demand for health care at the medical facility. (C) Training on determining the number of exam rooms needed to meet demand for such health care in an efficient manner. (6) Training on how to properly use the appointment scheduling system of the Department, including any new scheduling system implemented by the Department. (7) Training on how to optimize the use of technology, including the following: (A) Telemedicine. (B) Electronic mail. (C) Text messaging. (D) Such other technologies as specified by the Secretary. (8) Training on how to properly use physical plant space at medical facilities of the Department to ensure efficient flow and privacy for patients and staff. | Restoring Accountability in Veterans Access to Health Care Act - Directs the Inspector General of the Department of Veterans Affairs (VA) to annually determine, and publish in the Federal Register, the five occupations of health care providers for which there is the largest staffing shortage throughout the VA. Authorizes the Secretary of Veterans Affairs, based upon such determination, to recruit and appoint highly qualified health care providers to positions in those occupations. Requires the Secretary to submit biennial reports assessing the staffing of each VA medical facility, including: (1) information on wait times and workload levels, (2) a plan to fill staffing shortages, and (3) an analysis of succession planning. Directs the Secretary to implement a clinic management training program to provide in-person, standardized education on health care management to all managers of, and health care providers at, VA medical facilities, including training on how to: (1) manage the schedules of health care providers, (2) optimize the use of technology, (3) use data to meet the demand for health care, (4) use the VA appointment scheduling system, and (5) use physical plant space at VA facilities to ensure efficient flow and privacy for patients and staff. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Mandates Relief Act of 1993''. SEC. 2. DEFINITIONS. For the purposes of this Act-- (1) Federal agency.--The term ``Federal agency'' has the meaning given the term ``executive agency'' in section 6501(3) of title 5, United States Code. (2) Federal mandate.--The term ``Federal mandate'' means a Federal requirement covered by this Act. (3) Local government.--The term ``local government'' means-- (A) a county, city, town, village, or other general purpose political subdivision of a State; (B) a school district; and (C) a unit of local government established under State law for a particular public purpose. (4) Mandate schedule.--The term ``mandate schedule'' means a schedule prepared by a Federal agency of the costs of complying with each Federal mandate administered by the agency as required by section 5. SEC. 3. SUFFICIENT FEDERAL FUNDING REQUIREMENT. Notwithstanding any other provision of law, no State or local government shall be obligated to take any action required by Federal law, unless all expenses associated with such obligation are fully funded by the Federal Government pursuant to the provisions of this Act. SEC. 4. PAY-OR-EXCUSE MECHANISM. A State or local government shall be excused from complying with a Federal mandate, unless-- (1) it receives an appropriation of Federal funds to pay for the costs of complying with the Federal mandate-- (A) in the amount specified in the pertinent mandate schedule described in section 5; and (B) in the amount of any additional costs specified in section 6; and (2) the pertinent mandate schedule (including the annual update) has been published as required by this Act. SEC. 5. MANDATE SCHEDULES. (a) Agency Schedules.-- (1) In general.--Each Federal agency that has authority to administer a Federal mandate shall publish a schedule that lists the costs of complying with each such mandate. (2) Content.--Each schedule shall include-- (A) the annual cost of complying with each Federal mandate for which payments would be made within one fiscal year; and (B) the total cost of complying with each Federal mandate that necessitates a State or local government to undertake a capital expenditure for which payments would be made over more than 1 fiscal year. (3) Publication.--Schedules shall be published through notice and comment rulemaking, and shall be updated annually. For each fiscal year, schedules shall be published by March 1 of the calendar year in which the fiscal year begins. (b) Statutory Mandate.-- (1) In general.--It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, conference report, or amendment that establishes a statutory mandate schedule. (2) Point of order.--In the Senate, this subsection may be waived or suspended only by an affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn. SEC. 6. PAYMENTS OF ADDITIONAL COSTS. (a) In General.--If the costs to a State or local government of complying with a Federal mandate exceed the amounts appropriated to it according to the applicable mandate schedule, the State or local government shall be reimbursed for the amount of such additional costs. Such additional costs shall be well-documented and not the result of waste or mismanagement. (b) Payment.--A payment under this section shall be made within 30 days of presentation of proof by a State or local government of additional costs to the pertinent administering agency. SEC. 7. REFUND OF EXCESSIVE APPROPRIATIONS. To the extent any payment received by a State or local government pursuant to this Act exceeds the actual cost of complying with a Federal mandate, the State or local government shall refund the amount of excess to the United States Treasury. SEC. 8. CONGRESSIONAL ESTIMATES. (a) In General.--Each bill or joint resolution considered on the floor of the House of Representatives or the Senate shall be accompanied by a report that estimates the costs to State and local governments that any Federal mandate in such bill or joint resolution would impose. (b) Estimates.--The estimates required by subsection (a) shall include-- (1) the costs imposed upon any 1 State or local government, as may be appropriate, for each particular Federal mandate in the bill or joint resolution; (2) the total amount of costs imposed by each particular Federal mandate; and (3) the total amount of such costs imposed by all Federal mandates within the entire bill or joint resolution, for the fiscal year in which the bill or joint resolution would take effect, and for each of the next 4 fiscal years thereafter. (c) Point of Order.-- (1) Congressional estimate.--It shall not be in order in the House of Representatives or the Senate to consider any bill or joint resolution that does not comply with the requirements of subsection (b). (2) Point of order.--In the Senate, this subsection may be waived or suspended only by an affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn. SEC. 9. APPLICATION OF ACT. This Act shall apply to Federal mandates imposed by Federal laws enacted or reauthorized by law after the date of enactment of this Act. | Federal Mandates Relief Act of 1993 - Prohibits State and local governments from being obligated to take any action required by any new Federal law, unless: (1) all expenses associated with such obligation are fully funded by the Federal Government; and (2) each Federal agency that has authority to administer a Federal mandate publishes a schedule of compliance costs. Requires each bill or joint resolution considered in the Congress to be accompanied by a report estimating the costs to State and local governments that any Federal mandate in such legislation would impose. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Victim Rights and Domestic Violence Prevention Act of 1995''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--EQUAL PROTECTION FOR VICTIMS Sec. 101. Right of the victim to an impartial jury. Sec. 102. Rebuttal of attacks on the victim's character. Sec. 103. Victim's right of allocution in sentencing. Sec. 104. Right of the victim to fair treatment in legal proceedings. Sec. 105. Use of notice concerning release of offender. Sec. 106. Balance in the composition of rules committees. TITLE II--DOMESTIC VIOLENCE Sec. 201. Death penalty for fatal domestic violence offenses. Sec. 202. Evidence of defendant's disposition toward victim in domestic violence cases and other cases. Sec. 203. Battered women's syndrome evidence. Sec. 204. HIV testing of defendants in sexual assault cases. TITLE I--EQUAL PROTECTION FOR VICTIMS SEC. 101. RIGHT OF THE VICTIM TO AN IMPARTIAL JURY. Rule 24(b) of the Federal Rules of Criminal Procedure is amended by striking ``the government is entitled to 6 peremptory challenges and the defendant or defendants jointly to 10 peremptory challenges'' and inserting ``each side is entitled to 6 peremptory challenges''. SEC. 102. REBUTTAL OF ATTACKS ON THE VICTIM'S CHARACTER. Rule 404(a)(1) of the Federal Rules of Evidence is amended by inserting before the semicolon the following: ``, or, if an accused offers evidence of a pertinent trait of character of the victim of the crime, evidence of a pertinent trait of character of the accused offered by the prosecution''. SEC. 103. VICTIM'S RIGHT OF ALLOCUTION IN SENTENCING. Rule 32 of the Federal Rules of Criminal Procedure is amended-- (1) in subdivision (c)(3)(E), by striking ``if sentence is to be imposed for a crime of violence or sexual abuse,''; and (2) by amending subdivision (f) to read as follows: ``(f) Definition.--For purposes of this rule, `victim' means any individual against whom an offense has been committed for which a sentence is to be imposed, but the right of allocution under subdivision (c)(3)(E) may be exercised instead by-- ``(1) a parent or legal guardian if the victim is below the age of 18 years or is incompetent; or ``(2) one or more family members or relatives designated by the court if the victim is deceased or incapacitated, if such person or persons are present at the sentencing hearing, regardless of whether the victim is present.''. SEC. 104. RIGHT OF THE VICTIM TO FAIR TREATMENT IN LEGAL PROCEEDINGS. The following rules, to be known as the Rules of Professional Conduct for Lawyers in Federal Practice, are enacted as an appendix to title 28, United States Code: ``RULES OF PROFESSIONAL CONDUCT FOR LAWYERS IN FEDERAL PRACTICE ``Rule 1. Scope. ``Rule 2. Abuse of Victims and Others Prohibited. ``Rule 3. Duty of Enquiry in Relation to Client. ``Rule 4. Duty To Expedite Litigation. ``Rule 5. Duty To Prevent Commission of Crime. ``Rule 1. Scope ``(a) These rules apply to the conduct of lawyers in their representation of clients in relation to proceedings and potential proceedings before Federal tribunals. ``(b) For purposes of these rules, `Federal tribunal' and `tribunal' mean a court of the United States or an agency of the Federal Government that carries out adjudicatory or quasi-adjudicatory functions. ``Rule 2. Abuse of Victims and Others Prohibited ``(a) A lawyer shall not engage in any action or course of conduct for the purpose of increasing the expense of litigation for any person, other than a liability under an order or judgment of a tribunal. ``(b) A lawyer shall not engage in any action or course of conduct that has no substantial purpose other than to distress, harass, embarrass, burden, or inconvenience another person. ``(c) A lawyer shall not offer evidence that the lawyer knows to be false or attempt to discredit evidence that the lawyer knows to be true. ``Rule 3. Duty of Enquiry in Relation to Client ``A lawyer shall attempt to elicit from the client a truthful account of the material facts concerning the matters in issue. In representing a client charged with a crime or civil wrong, the duty of enquiry under this rule includes-- ``(1) attempting to elicit from the client a materially complete account of the alleged criminal activity or civil wrong if the client acknowledges involvement in the alleged criminal activity or civil wrong; and ``(2) attempting to elicit from the client the material facts relevant to a defense of alibi if the client denies such involvement. ``Rule 4. Duty To Expedite Litigation ``(a) A lawyer shall seek to bring about the expeditious conduct and conclusion of litigation. ``(b) A lawyer shall not seek a continuance or otherwise attempt to delay or prolong proceedings in the hope or expectation that-- ``(1) evidence will become unavailable; ``(2) evidence will become more subject to impeachment or otherwise less useful to another party because of the passage of time; or ``(3) an advantage will be obtained in relation to another party because of the expense, frustration, distress, or other hardship resulting from prolonged or delayed proceedings. ``Rule 5. Duty To Prevent Commission of Crime ``(a) A lawyer may disclose information relating to the representation of a client, including information obtained from the client, to the extent necessary to prevent the commission of a crime or other unlawful act. ``(b) A lawyer shall disclose information relating to the representation of a client, including information obtained from the client, when disclosure is required by law. ``(c) A lawyer shall disclose information relating to the representation of a client, including information obtained from the client, to the extent necessary to prevent-- ``(1) the commission of a crime involving the use or threatened use of force against a person, or a substantial risk of death or serious bodily injury to a person; or ``(2) the commission of a crime of sexual assault or child molestation. ``(d) For purposes of this rule, `crime' means a crime under the law of the United States or the law of a State, and `unlawful act' means an act in violation of the law of the United States or the law of a State.''. SEC. 105. USE OF NOTICE CONCERNING RELEASE OF OFFENDER. Section 4042(b) of title 18, United States Code, is amended by striking paragraph (4). SEC. 106. BALANCE IN THE COMPOSITION OF RULES COMMITTEES. Section 2073 of title 28, United States Code, is amended-- (1) in subsection (a)(2), by adding at the end the following: ``On each such committee that makes recommendations concerning rules that affect criminal cases, including the Federal Rules of Criminal Procedure, the Federal Rules of Evidence, the Federal Rules of Appellate Procedure, the Rules Governing Section 2254 Cases, and the Rules Governing Section 2255 Cases, the number of members who represent or supervise the representation of defendants in the trial, direct review, or collateral review of criminal cases shall not exceed the number of members who represent or supervise the representation of the Government or a State in the trial, direct review, or collateral review of criminal cases.''; and (2) in subsection (b), by adding at the end the following: ``The number of members of the standing committee who represent or supervise the representation of defendants in the trial, direct review, or collateral review of criminal cases shall not exceed the number of members who represent or supervise the representation of the Government or a State in the trial, direct review, or collateral review of criminal cases.''. TITLE II--DOMESTIC VIOLENCE SEC. 201. DEATH PENALTY FOR FATAL DOMESTIC VIOLENCE OFFENSES. Sections 2261(b)(1) and 2262(b)(1) of title 18, United States Code, are each amended by inserting ``or may be sentenced to death'' after ``years,''. SEC. 202. EVIDENCE OF DEFENDANT'S DISPOSITION TOWARD VICTIM IN DOMESTIC VIOLENCE CASES AND OTHER CASES. Rule 404(b) of the Federal Rules of Evidence is amended by striking ``or absence of mistake or accident'' and inserting ``absence of mistake or accident, or a disposition toward a particular individual''. SEC. 203. BATTERED WOMEN'S SYNDROME EVIDENCE. Rule 702 of the Federal Rules of Evidence is amended by adding at the end the following: ``Testimony that may be admitted pursuant to this rule includes testimony concerning the behavior, and mental or emotional conditions of victims to explain a victim's failure to report or delay in reporting an offense, recantation of an accusation, or failure to cooperate in the investigation or prosecution.''. SEC. 204. HIV TESTING OF DEFENDANTS IN SEXUAL ASSAULT CASES. (a) In General.--Chapter 109A of title 18, United States Code, is amended by adding at the end the following new section: ``Sec. 2249. Testing for human immunodeficiency virus; disclosure of test results to victim; effect on penalty ``(a) Testing at Time of Pretrial Release Determination.--In a case in which a person is charged with an offense under this chapter, upon request of the victim, a judicial officer issuing an order pursuant to section 3142(a) shall include in the order a requirement that a test for the human immunodeficiency virus be performed upon the person, and that followup tests for the virus be performed 6 months and 12 months following the date of the initial test, unless the judicial officer determines that the conduct of the person created no risk of transmission of the virus to the victim, and so states in the order. The order shall direct that the initial test be performed within 24 hours, or as soon thereafter as feasible. The person shall not be released from custody until the test is performed. ``(b) Testing at Later Time.--If a person charged with an offense under this chapter was not tested for the human immunodeficiency virus pursuant to subsection (a), the court may at a later time direct that such a test be performed upon the person, and that followup tests be performed 6 months and 12 months following the date of the initial test, if it appears to the court that the conduct of the person may have risked transmission of the virus to the victim. A testing requirement under this subsection may be imposed at any time while the charge is pending, or following conviction at any time prior to the person's completion of service of the sentence. ``(c) Termination of Testing Requirement.--A requirement of followup testing imposed under this section shall be canceled if any test is positive for the virus or the person obtains an acquittal on, or dismissal of, all charges under this chapter. ``(d) Disclosure of Test Results.--The results of any test for the human immunodeficiency virus performed pursuant to an order under this section shall be provided to the judicial officer or court. The judicial officer or court shall ensure that the results are disclosed to the victim (or to the victim's parent or legal guardian, as appropriate), the attorney for the Government, and the person tested. Test results disclosed pursuant to this subsection shall be subject to section 40503(b) (5) through (7) of the Violent Crime Control Act of 1994 (42 U.S.C. 14011(b)). Any test result of the defendant given to the victim or the defendant must be accompanied by appropriate counseling, unless the recipient does not wish to receive such counseling. ``(e) Effect on Penalty.--The United States Sentencing Commission shall amend existing guidelines for sentences for offenses under this chapter to enhance the sentence if the offender knew or had reason to know that the offender was infected with the human immunodeficiency virus, except where the offender did not engage or attempt to engage in conduct creating a risk of transmission of the virus to the victim.''. (b) Technical Amendment.--The analysis for chapter 109A of title 18, United States Code, is amended by inserting at the end the following new item: ``2249. Testing for human immunodeficiency virus; disclosure of test results to victim; effect on penalty.''. (c) Amendments to Testing Provisions.--Section 40503(b) of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14011(b)) is amended-- (1) by amending the heading to read as follows: ``(b) Testing of Defendants.--''; (2) in paragraph (1)-- (A) by inserting ``, or the Government in such a case,'' after ``subsection (a)''; (B) by inserting ``(or to the victim's parent or legal guardian, as appropriate)'' after ``communicated to the victim''; and (C) by inserting ``, unless the recipient does not wish to receive such counseling'' after ``counseling''; and (3) in paragraph (2)-- (A) by striking ``To obtain an order under paragraph (1), the victim must demonstrate that'' and inserting ``The victim or the Government may obtain an order under paragraph (1) by showing that''; (B) in subparagraph (A)-- (i) by striking ``the offense'' and inserting ``a sexual assault involving alleged conduct that poses a risk of transmission of the etiologic agent for acquired immune deficiency syndrome''; and (ii) by inserting ``and'' after the semicolon; (C) in subparagraph (B), by striking ``after appropriate counseling; and'' and inserting a period; and (D) by striking subparagraph (C). | TABLE OF CONTENTS: Title I: Equal Protection for Victims Title II: Domestic Violence Victim Rights and Domestic Violence Prevention Act of 1995 - Title I: Equal Protection for Victims - Amends: (1) rule 24 of the Federal Rules of Criminal Procedure to entitle each side to six peremptory challenges if the offense charged is punishable by imprisonment for more than one year; (2) rule 32 regarding the victim's right of allocution in sentencing; and (3) rule 404 of the Federal Rules of Evidence regarding rebuttal of attacks on the victim's character. (Sec. 104) Enacts Rules of Professional Conduct for Lawyers in Federal Practice. (Sec. 105) Amends: (1) the Federal criminal code to repeal a requirement that notice of release of prisoners be used solely for law enforcement purposes; and (2) the Federal judicial code regarding the balance in the composition of rules committees. Title II: Domestic Violence - Amends the Federal criminal code to provide for the death penalty for fatal domestic violence offenses. (Sec. 202) Amends: (1) rule 404 of the Federal Rules of Evidence regarding evidence of the defendant's disposition towards the victim in domestic violence and other cases; and (2) rule 702 of the Federal Rules of Evidence regarding battered women's syndrome evidence. (Sec. 204) Requires: (1) the testing of defendants for the human immunodeficiency virus (HIV) in sexual assault cases, with exceptions, with disclosure of the results to the court, the victim, the attorney for the Government, and the person tested; (2) that test results disclosed be subject to requirements of the Violent Crime Control and Law Enforcement Act of 1994 (VCCLEA); (3) that any test result of the defendant given to the victim or the defendant be accompanied by appropriate counseling, unless the recipient does not wish to receive such counseling; and (4) the United States Sentencing Commission to amend existing guidelines for sex crime offenses to enhance the sentence if the offender knew that he was infected with HIV, with exceptions. Revises VCCLEA to authorize the Government to obtain an order requiring that the defendant be tested for the presence of the etiologic agent for acquired immune deficiency syndrome and that the results be communicated to the victim's parent or legal guardian, as appropriate. Modifies requirements to be met by the victim to obtain an order for such test. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Career and Technical Education for Adult Learners Act of 2016''. SEC. 2. PURPOSE. Section 2 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301) is amended-- (1) in paragraph (2), by inserting ``, adult education,'' after ``secondary education''; and (2) in paragraph (6), by inserting ``adult education programs,'' after ``secondary schools,''. SEC. 3. DEFINITIONS. Section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302) is amended-- (1) by redesignating paragraphs (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), (26), (27), (28), (29), (30), (31), (32), (33), and (34), as paragraphs (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), (16), (17), (18), (19), (21), (22), (23), (24), (25), (26), (27), (28), (29), (30), (31), (32), (33), (34), (35), and (36), respectively; (2) by inserting after paragraph (1) the following: ``(2) Adult education; adult education and literacy activities.--The terms `adult education' and `adult education and literacy activities' have the meanings given the terms in section 203 of the Adult Education and Family Literacy Act.''; (3) in paragraph (14), as redesignated by paragraph (1)-- (A) in subparagraph (E), by striking ``or'' after the semicolon; (B) by redesignating subparagraph (F) as subparagraph (G); and (C) by inserting after subparagraph (E) the following: ``(F) a provider of adult education that offers a program of integrated education and training that includes career and technical education courses that lead to technical skill proficiency, and an industry- recognized credential or a certificate; or''; (4) by inserting after paragraph (19), as redesignated by paragraph (1), the following: ``(20) Integrated education and training.--The term `integrated education and training' has the meaning given the term in section 203 of the Adult Education and Family Literacy Act.''; and (5) in paragraph (31), as redesignated by paragraph (1)-- (A) in subparagraph (E), by striking ``and'' after the semicolon; (B) in subparagraph (F), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(G) individuals who are basic skills deficient, as defined in section 3 of the Workforce Innovation and Opportunity Act.''. SEC. 4. ACCOUNTABILITY. Section 113(b)(2) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2323(b)(2)) is amended-- (1) by redesignating subparagraphs (C), (D), (E), and (F), as subparagraphs (D), (E), (F), and (G), respectively; and (2) by inserting after subparagraph (B) the following: ``(C) Core indicators of performance for career and technical education students at the adult education level.--Each eligible agency may identify in the State plan core indicators of performance for career and technical education students at the adult education level that are valid and reliable, and that include, at minimum, measures of each of the following: ``(i) Student attainment of challenging career and technical skill proficiency, including student achievement on technical assessments that are aligned with industry- recognized standards, if available and appropriate. ``(ii) The eligibly entity's performance on the indicators of performance described in section 116(b)(2) of the Workforce Innovation and Opportunity Act.''. SEC. 5. STATE PLAN. Section 122 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2342) is amended-- (1) in subsection (b)(1)(A)-- (A) in clause (xi), by striking ``and'' after the semicolon; and (B) by adding at the end the following: ``(xiii) the State director of adult education; and''; and (2) in subsection (c)-- (A) in paragraph (1)-- (i) in subparagraph (A)-- (I) in the matter preceding clause (i), by inserting ``, adult education programs,'' after ``local educational agencies''; (II) in clause (i), by inserting ``, adult education,'' after ``secondary education''; (III) in clause (iii), by striking ``and'' after the semicolon; (IV) in clause (iv), by inserting ``and'' after the semicolon; and (V) by adding at the end the following: ``(v) may include internships, cooperative education, apprenticeships, or other work experiences, such as those described in section 129(c)(2)(C) of the Workforce Innovation and Opportunity Act;''; (ii) in subparagraph (C), by inserting ``, adult education,'' after ``secondary education''; (iii) in subparagraph (E), by inserting ``, adult,'' after ``secondary''; and (iv) in subparagraph (K), by inserting ``, adult education level,'' after ``secondary level''; (B) in paragraph (2)(G), by inserting ``, the Adult Education and Family Literacy Act,'' after ``Elementary and Secondary Education Act of 1965''; (C) in paragraph (19), by striking ``and'' after the semicolon; (D) in paragraph (20), by striking the period at the end and inserting a semicolon; and (E) by adding at the end the following: ``(21) describes how funds will be used to support work experiences for students in career and technical education; and ``(22) describes how career and technical education programs are aligned with any industry or sector partnerships, as defined in section 3 of the Workforce Innovation and Opportunity Act.''. SEC. 6. STATE LEADERSHIP ACTIVITIES. Section 124 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2344) is amended-- (1) in subsection (b)(3)(E), by inserting ``, the Adult Education and Family Literacy Act,'' after ``Elementary and Secondary Education Act of 1965''; and (2) in subsection (c)-- (A) in paragraph (1)(A), by inserting ``, adult education,'' after ``secondary''; (B) in paragraph (2), by inserting ``, adult education,'' after ``secondary school''; (C) in paragraph (16)(B), by striking ``and'' after the semicolon; (D) in paragraph (17), by striking the period at the end and inserting ``; and''; and (E) by adding at the end the following: ``(18) support for work experiences for career and technical education students such as internships, cooperative education, and apprenticeships.''. SEC. 7. LOCAL PLAN FOR CAREER AND TECHNICAL EDUCATION PROGRAMS. Section 134(b) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2354(b)) is amended-- (1) in paragraph (11), by striking ``and'' after the semicolon; (2) in paragraph (12)(B), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(13) describe how funds will be used to support work experiences for students in career and technical education programs, such as internships, cooperative education, apprenticeships, or other work experiences, such as those described in section 129(c)(2)(C) of the Workforce Innovation and Opportunity Act; and ``(14) describe how career and technical education programs are aligned with any industry or sector partnerships, as defined in section 3 of the Workforce Innovation and Opportunity Act.''. | Career and Technical Education for Adult Learners Act of 2016 This bill amends the Carl D. Perkins Career and Technical Education Act of 2006 to modify the requirements for career and technical education programs to align the programs with adult education programs. The bill revises the purposes of the Act to include promoting adult education and supporting partnerships among adult education programs. States may develop core indicators of performance for career and technical education students at the adult education level. At a minimum, the indicators must measure: (1) student attainment of challenging career and technical skill proficiency, including student achievement on technical assessments that are aligned with industry-recognized standards; and (2) the eligibly entity's performance on the indicators of performance described in the Workforce Innovation and Opportunity Act. The bill also: (1) includes the state director of adult education in the development of the state plan for career and technical education, and (2) specifies that adult education providers that also offer certain career and technical education courses leading to technical skill proficiency and an industry-recognized credential or certificate are eligible to receive funds under the Act. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Promoting Reliable Subcontractors Act of 2016'' or as the ``PROS Act of 2016''. SEC. 2. PROVIDING SMALL BUSINESS SUBCONTRACTORS RATINGS FOR PAST PERFORMANCE ON A CONTRACT. Section 8(d) of the Small Business Act (15 U.S.C. 637(d)) is amended by adding at the end the following new paragraph: ``(17) Pilot program providing past performance ratings for other small business subcontractors.-- ``(A) Establishment.--The Administrator shall establish a pilot program for a small business concern performing as a first tier subcontractor for a covered contract (as defined in subparagraph 13(A)) to request a past performance rating in the system used by the Federal Government to monitor or record contractor past performance. ``(B) Application.--A small business concern described in subparagraph (A) shall submit an application to the appropriate official for a past performance rating. Such application shall include written evidence of the past performance factors for which the small business concern seeks a rating and a suggested rating. ``(C) Determination.--The appropriate official shall submit the application from the small business concern to the contracting officer (or a designee of such officer) for the covered contract and to the prime contractor for review. The contracting officer (or designee) and the prime contractor shall, not later than 30 days after receipt of the application, submit to the appropriate official a response regarding the application. ``(i) Agreement on rating.--If the contracting officer (or designee) and the prime contractor agree on a past performance rating, or if either the contracting officer (or designee) or the prime contractor fail to respond and the responding individual agrees with the rating of the applicant small business concern, the appropriate official shall enter the agreed-upon past performance rating in the system described in subparagraph (A). ``(ii) Disagreement on rating.--If the contracting officer (or designee) and the prime contractor fail to respond within 30 days or if they disagree about the rating, or if either the contracting officer (or designee) or the prime contractor fail to respond and the responding individual disagrees with the rating of the applicant small business concern, the contracting officer (or designee) or the prime contractor shall submit a notice contesting the application to appropriate official. The appropriate official shall follow the requirements of subparagraph (D). ``(D) Procedure for rating.--Not later than 14 calendar days after receipt of a notice under subparagraph (C)(ii), the appropriate official shall submit such notice to the applicant small business concern. Such concern may submit comments, rebuttals, or additional information relating to the past performance of such concern not later 14 calendar days after receipt of such notice. The appropriate official shall enter the into the system described in subparagraph (A) a rating that is neither favorable nor unfavorable along with the initial application from the small business concern, the responses of the contracting officer (or designee) and the prime contractor, and any additional information provided by the small business concern. ``(E) Use of information.--A small business subcontractor may use a past performance rating given under this paragraph to establish its past performance for a prime contract. ``(F) Duration.--The pilot program established under this paragraph shall terminate 3 years after the date on which the first small business concern receives a past performance rating for performance as a first tier subcontractor. ``(G) Report.--The Comptroller General of the United States shall begin an assessment of the pilot program 1 year after the establishment of such program. Not later than 6 months after beginning such assessment, the Comptroller General shall submit a report to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives, which shall include-- ``(i) the number of small business concerns that have received past performance ratings under the pilot program; ``(ii) the number of applications in which the contracting officer (or designee) or the prime contractor contested the application of the small business concern; ``(iii) any suggestions or recommendations the Comptroller General or the small business concerns participating in the program have to address disputes between the small business concern, the contracting officer (or designee), and the prime contractor on past performance ratings; and ``(iv) any suggestions or recommendation the Comptroller General has to improve the operation of the pilot program. ``(H) Appropriate official defined.--In this paragraph, the term `appropriate official' means a Commercial Market Representative or other individual designated by the senior official appointed by the Administrator with responsibilities under sections 8, 15, 31 and 36.''. | Promoting Reliable Subcontractors Act of 2016 or the PROS Act of 2016 This bill amends the Small Business Act with respect to small businesses performing as first tier subcontractors under federal contracts whose prime contractor must develop a subcontracting plan. The Small Business Administration shall establish a pilot program for such a small business to request a past performance rating in the system used by the federal government to monitor and record contractor past performance. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Apprenticeship and Jobs Training Act of 2015''. SEC. 2. TAX CREDIT FOR APPRENTICESHIP PROGRAMS. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 45S. CREDIT FOR APPRENTICESHIP PROGRAM EXPENSES. ``(a) Tax Credit.-- ``(1) In general.--For purposes of section 38, in the case of an employer, the apprenticeship program credit determined under this section for any taxable year is an amount equal to-- ``(A) with respect to each qualified individual in a qualified apprenticeship program, the lesser of-- ``(i) the amount of any wages (as defined in section 51(c)(1)) paid or incurred by the employer with respect to such qualified individual during the taxable year, or ``(ii) $5,000, and ``(B) with respect to each qualified individual in a qualified multi-employer apprenticeship program, the lesser of-- ``(i) an amount equal to the product of-- ``(I) the total number of hours of work performed by such qualified individual for such employer during such taxable year, multiplied by ``(II) $3, or ``(ii) $5,000. ``(2) Established apprenticeship programs.-- ``(A) In general.--The apprenticeship program credit determined under this section for the taxable year shall only be applicable to the number of qualified individuals employed by the employer through a qualified apprenticeship program or a qualified multi-employer apprenticeship program which are in excess of the apprenticeship participation average for such employer (as determined under subparagraph (B)). ``(B) Apprenticeship participation average.--For purposes of subparagraph (A), the apprenticeship participation average shall be equal to the average of the total number of qualified individuals employed by the employer through a qualified apprenticeship program or qualified multi-employer apprenticeship program for-- ``(i) the 3 preceding taxable years, or ``(ii) the number of taxable years in which the qualified apprenticeship program or the qualified multi-employer apprenticeship program was in existence, whichever is less. ``(3) Denial of double benefit.--No deduction or any other credit shall be allowed under this chapter for any amount taken into account in determining the credit under this section. ``(4) Election not to claim credit.--This section shall not apply to a taxpayer for any taxable year if such taxpayer elects to have this section not apply for such taxable year. ``(5) Limitation.--The apprenticeship program credit under this section shall not be allowed for more than 3 taxable years with respect to any qualified individual. ``(b) Qualified Individual.-- ``(1) In general.--For purposes of this section, the term `qualified individual' means, with respect to any taxable year, an individual who is an apprentice and-- ``(A) is participating in a qualified apprenticeship program or a qualified multi-employer apprenticeship program with an employer that is subject to the terms of a valid apprenticeship agreement (as defined in the Act of August 16, 1937 (commonly known as the `National Apprenticeship Act'; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.)), ``(B) has been employed under a qualified apprenticeship program or a qualified multi-employer apprenticeship program for a period of not less than 7 months that ends within the taxable year, ``(C) is not a highly compensated employee (as defined in section 414(q)), and ``(D) is not a seasonal worker (as defined in section 45R(d)(5)(B)). ``(2) Training received by members of the armed forces.--An employer shall consider and may accept, in the case of a qualified individual participating in a qualified apprenticeship program or a qualified multi-employer apprenticeship program, any relevant training or instruction received by such individual while serving in the Armed Forces of the United States, for the purpose of satisfying the applicable training and instruction requirements under such qualified apprenticeship program. ``(c) Qualified Apprenticeship Program and Qualified Multi-Employer Apprenticeship Program.-- ``(1) Qualified apprenticeship program.-- ``(A) In general.--For purposes of this section, the term `qualified apprenticeship program' means a program registered under the National Apprenticeship Act, whether or not such program is sponsored by an employer, which-- ``(i) provides qualified individuals with on-the-job training and instruction for a qualified occupation with the employer, ``(ii) is registered with the Office of Apprenticeship of the Employment and Training Administration of the Department of Labor or a State apprenticeship agency recognized by such Office of Apprenticeship, ``(iii) maintains records relating to the qualified individual, in such manner as the Secretary, after consultation with the Secretary of Labor, may prescribe, and ``(iv) satisfies such other requirements as the Secretary, after consultation with the Secretary of Labor, may prescribe. ``(B) Qualified occupation.--For purposes of subparagraph (A)(i), the term `qualified occupation' means a skilled trade occupation in a high-demand mechanical, technical, healthcare, or technology field (or such other occupational field as the Secretary, after consultation with the Secretary of Labor, may prescribe) that satisfies the criteria for an apprenticeable occupation under the National Apprenticeship Act. ``(2) Qualified multi-employer apprenticeship program.--The term `qualified multi-employer apprenticeship program' means an apprenticeship program described in paragraph (1) in which multiple employers are required to contribute and that is maintained pursuant to one or more collective bargaining agreements between one or more employee organizations and such employers. ``(d) Apprenticeship Agreement.-- ``(1) In general.--For purposes of this section, the term `apprenticeship agreement' means an agreement between a qualified individual and an employer that satisfies the criteria under the National Apprenticeship Act. ``(2) Credit for training received under apprenticeship agreement.--If a qualified individual has received training or instruction through a qualified apprenticeship program or a qualified multi-employer apprenticeship program with an employer which is subsequently unable to satisfy its obligations under the apprenticeship agreement, such individual may transfer any completed training or instruction for purposes of satisfying any applicable training and instruction requirements under a separate apprenticeship agreement with a different employer. ``(e) Application of Certain Rules.--For purposes of this section, all persons treated as a single employer under subsection (a) or (b) of section 52, or subsections (m) or (o) of section 414, shall be treated as a single person. ``(f) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out the provisions of this section.''. (b) Credit To Be Part of General Business Credit.--Section 38(b) of the Internal Revenue Code of 1986 is amended by striking ``plus'' at the end of paragraph (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 apprenticeship program expenses credit determined under section 45S(a).''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 45S. Credit for apprenticeship program expenses.''. (d) Conforming Amendments.-- (1) Rule for employment credits.--Section 280C(a) of the Internal Revenue Code of 1986 is amended by inserting ``45S(a),'' after ``45P(a),''. (2) Exclusion for determination of credit for increasing research activities.--Clause (iii) of section 41(b)(2)(D) of such Code is amended by inserting ``the apprenticeship program credit under section 45S(a) or'' after ``in determining''. (e) Evaluation.--Not later than 3 years after the date of the enactment of this Act, and annually thereafter, the Comptroller General of the United States shall submit a report to the Committees on Finance and Health, Education, Labor, and Pensions of the Senate and the Committees on Ways and Means and Education and the Workforce of the House of Representatives that contains an evaluation of the activities authorized under this Act, including-- (1) the extent to which qualified individuals completed qualified apprenticeship programs and qualified multi-employer apprenticeship programs; (2) whether qualified individuals remained employed by an employer that received an apprenticeship program credit under section 45S of the Internal Revenue Code of 1986 and the length of such employment following expiration of the apprenticeship period; (3) whether qualified individuals who completed a qualified apprenticeship program or a qualified multi-employer apprenticeship program remained employed in the same occupation or field; and (4) recommendations for legislative and administrative actions to improve the effectiveness of the apprenticeship program credit under section 45S of the Internal Revenue Code of 1986. (f) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2015. SEC. 3. ENCOURAGING MENTORS TO TRAIN THE FUTURE. (a) Early Distributions From Qualified Retirement Plans.--Section 72(t)(2) of the Internal Revenue Code of 1986 is amended-- (1) in subparagraph (A)-- (A) by striking ``or'' at the end of clause (vii); (B) by striking the period at the end of clause (viii) and inserting ``, or''; and (C) by adding at the end the following new clause: ``(ix) made to an employee who is serving as a mentor.''; and (2) by adding at the end the following new subparagraph: ``(H) Distributions to mentors.--For purposes of this paragraph, the term `mentor' means an individual who-- ``(i) has attained 55 years of age, ``(ii) is not separated from their employment with a company, corporation, or institution of higher education, ``(iii) in accordance with such requirements and standards as the Secretary determines to be necessary, has substantially reduced their hours of employment with their employer, with the individual to be engaged in mentoring activities described in clause (iv) for not less than 20 percent of the hours of employment after such reduction, and ``(iv) is responsible for the training and education of employees or students in an area of expertise for which the individual has a professional credential, certificate, or degree.''. (b) Distributions During Working Retirement.--Paragraph (36) of section 401(a) of the Internal Revenue Code of 1986 is amended to read as follows: ``(36) Distributions during working retirement.-- ``(A) In general.--A trust forming part of a pension plan shall not be treated as failing to constitute a qualified trust under this section solely because the plan provides that a distribution may be made from such trust to an employee who-- ``(i) has attained age 62 and who is not separated from employment at the time of such distribution, or ``(ii) subject to subparagraph (B), is serving as a mentor (as such term is defined in section 72(t)(2)(H)). ``(B) Limitation on distributions to mentors.--For purposes of subparagraph (A)(ii), the amount of the distribution made to an employee who is serving as a mentor shall not be greater than the amount equal to the product obtained by multiplying-- ``(i) the amount of the distribution that would have been payable to the employee if such employee had separated from employment instead of reducing their hours of employment with their employer and engaging in mentoring activities, in accordance with clauses (iii) and (iv) of section 72(t)(2)(H), by ``(ii) the percentage equal to the quotient obtained by dividing-- ``(I) the sum of-- ``(aa) the number of hours per pay period by which the employee's hours of employment are reduced, and ``(bb) the number of hours of employment that such employee is engaging in mentoring activities, by ``(II) the total number of hours per pay period worked by the employee before such reduction in hours of employment.''. (c) ERISA.--Subparagraph (A) of section 3(2) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(2)) is amended by striking the period at the end and inserting the following: ``, or solely because such distribution is made to an employee who is serving as a mentor (as such term is defined in section 72(t)(2)(H) of the Internal Revenue Code of 1986).''. (d) Application.--The amendments made by this section shall apply to distributions made in taxable years beginning after December 31, 2015. | Apprenticeship and Jobs Training Act of 2015 This bill amends the Internal Revenue Code to allow employers a business-related tax credit for up to $5,000 for the training of a qualified individual in a qualified apprenticeship program or a qualified multi-employer apprenticeship program. The bill defines a "qualified individual" as an individual who: (1) is an apprentice participating in a qualified apprenticeship program or a qualified multi-employer apprenticeship program, (2) has been employed in either program for a period of at least seven months that ends within the taxable year, and (3) is not a highly compensated employee or a seasonal worker. The bill defines "qualified apprenticeship program" as a program that: (1) provides qualified individuals with on-the-job training and instruction for a qualified occupation (i.e., a skilled trade occupation in a high-demand mechanical, technical, health care, or technology field); (2) is registered with the Office of Apprenticeship of the Department of Labor; and (3) maintains records relating to the qualified individual. A "qualified multi-employer apprenticeship program" is a program in which multiple employers are required to contribute and that is maintained pursuant to one or more collective bargaining agreements. The bill amends the Internal Revenue Code to allow a premature distribution, without penalty, from a tax-qualified retirement plan to an employee who is serving as a mentor. A "mentor" is defined as a working individual who: (1) has attained age 55; (2) works reduced hours and engages in mentoring activities for at least 20% of such hours; and (3) is responsible for the training and education of employees or students in an area of expertise for which such individual has a professional credential, certificate, or degree. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Downed Animal and Food Safety Protection Act''. SEC. 2. FINDING AND DECLARATION OF POLICY. (a) Finding.--Congress finds that the humane euthanization of nonambulatory livestock in interstate and foreign commerce-- (1) prevents needless suffering; (2) results in safer and better working conditions for persons handling livestock; (3) brings about improvement of products and reduces the likelihood of the spread of diseases that have a great and deleterious impact on interstate and foreign commerce in livestock; and (4) produces other benefits for producers, processors, and consumers that tend to expedite an orderly flow of livestock and livestock products in interstate foreign commerce. (b) Declaration of Policy.--It is the policy of the United States that all nonambulatory livestock in interstate and foreign commerce shall be immediately and humanely euthanized when such livestock become nonambulatory. SEC. 3. UNLAWFUL SLAUGHTER PRACTICES INVOLVING NONAMBULATORY LIVESTOCK. (a) In General.--Public Law 85-765 (commonly known as the ``Humane Methods of Slaughter Act of 1958'') (7 U.S.C. 1901 et seq.) is amended by inserting after section 2 (7 U.S.C. 1902) the following: ``SEC. 3. NONAMBULATORY LIVESTOCK. ``(a) Definitions.--In this section: ``(1) Covered entity.--The term `covered entity' means-- ``(A) a stockyard; ``(B) a market agency; ``(C) a dealer; ``(D) a packer; ``(E) a slaughter facility; or ``(F) an establishment. ``(2) Establishment.--The term `establishment' means an establishment that is covered by the Federal Meat Inspection Act (21 U.S.C. 601 et seq.). ``(3) Humanely euthanize.--The term `humanely euthanize' means to immediately render an animal unconscious by mechanical, chemical, or other means, with this state remaining until the death of the animal. ``(4) Nonambulatory livestock.--The term `nonambulatory livestock' means any cattle (including calves), sheep, swine, goats, or horses, mules, or other equines, that will not stand and walk unassisted. ``(5) Secretary.--The term `Secretary' means the Secretary of Agriculture. ``(b) Humane Treatment, Handling, and Disposition.--The Secretary shall promulgate regulations to provide for the humane treatment, handling, and disposition of all nonambulatory livestock by covered entities, including a requirement that nonambulatory livestock be humanely euthanized. ``(c) Humane Euthanasia.-- ``(1) In general.--Subject to paragraph (2), when an animal becomes nonambulatory, a covered entity shall immediately humanely euthanize the nonambulatory livestock. ``(2) Disease testing.--Paragraph (1) shall not limit the ability of the Secretary to test nonambulatory livestock for a disease, such as Bovine Spongiform Encephalopathy, provided that such livestock are humanely euthanized immediately after such livestock are tested for such disease. ``(d) Movement.-- ``(1) In general.--Subject to paragraph (2), a covered entity shall not move nonambulatory livestock. ``(2) Disease testing.--Notwithstanding paragraph (1), a covered entity may humanely move nonambulatory livestock if required for a specific test for disease if the livestock is unconscious until euthanized in accordance with subsection (c). ``(e) Inspections.-- ``(1) In general.--It shall be unlawful for an inspector at an establishment to pass through inspection any nonambulatory livestock or carcass (including parts of a carcass) of nonambulatory livestock. ``(2) Labeling.--An inspector shall label, mark, stamp, or tag as `inspected and condemned' any material described in paragraph (1). ``(f) Violations.--A covered entity who violates a provision of this section shall upon conviction be fined not more than $5,000, imprisoned not more than one year, or both. ``(g) Effect on State Law.--This section shall not be construed to preempt any law or regulation of a State or a political subdivision of a State containing requirements that are greater than the requirements of this section, or which create penalties for conduct regulated by this section.''. (b) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendment made by subsection (a) takes effect on the date that is 1 year after the date of enactment of this Act. (2) Regulations.--Not later than 1 year after the date of enactment of this Act, the Secretary of Agriculture shall promulgate final regulations to implement the amendment made by subsection (a). | Downed Animal and Food Safety Protection Act - States that it is U.S. policy that all nonambulatory livestock in interstate and foreign commerce be immediately and humanely euthanized when such livestock become nonambulatory. Amends the Humane Methods of Slaughter Act of 1958 to direct the Secretary of Agriculture (USDA) to promulgate regulations providing for the humane treatment, handling, and disposition of nonambulatory livestock by specified entities, including a requirement that nonambulatory livestock be humanely euthanized. Requires an entity to: (1) humanely euthanize nonambulatory livestock (while not limiting the Secretary's ability to test nonambulatory livestock for disease, such as bovine spongiform encephalopathy), and (2) not move nonambulatory livestock unless required for a specific test for disease. Prohibits an inspector at an establishment covered by the Federal Meat Inspection Act from passing through inspection any nonambulatory livestock, carcass, or carcass parts and requires an inspector at such establishment to label such material as "inspected and condemned." |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Payday Lending Limitation Act of 2010''. SEC. 2. REGULATION OF COVERED LOANS. Section 128 of the Truth in Lending Act (15 U.S.C. 1638) is amended by adding at the end the following: ``(e) Terms and Conditions for Covered Loans.-- ``(1) Definitions.--As used in this subsection-- ``(A) the term `covered' loan-- ``(i) means a consumer credit transaction in which the loan amount, or, in the case of a line of credit, the credit limit, is $3,000 or less that-- ``(I) in the case of a closed-end credit transaction, has a term of 91 days or less and an annual percentage rate exceeding 36 percent (include all cost elements (other than the minimum deposit amount necessary to open a secured card account) associated with the extension of credit, including fees, service charges, renewal charges, credit insurance premiums, and any other charge or premium with respect to the extension of consumer credit); ``(II) in the case of an open-end credit transaction, has an amortization period of 91 days or less and the annual percentage rate exceeds 36 percent (calculated as though the transaction were a closed-end transaction pursuant to subclause (I)); or ``(III) in the case of an open-end credit transaction, the cost elements associated with the extension of credit and due in the first 91 days, including finance charges, fees, service charges, renewals, credit insurance premiums, and any other charge or premium with respect to consumer credit, exceed 25 percent of the line of credit; and ``(ii) does not include-- ``(I) a credit transaction that is secured by an interest in real estate, a vehicle, or other goods both listed and valued individually over $3,000; ``(II) overdraft services that are not covered by this title; or ``(III) an extension of credit in which a consumer sells an item of goods to a pawn-broker creditor and retains the right to redeem the item for a greater sum within a specified time, provided that the consumer has no obligation to repay the credit, and the creditor takes no security other than the goods and makes no effort to collect the credit; and ``(B) the term `extended payment plan' means an amendment to the covered loan that is signed in person or electronically by both the consumer and the creditor reflecting an agreement that the consumer pay the outstanding balance on a covered loan in not fewer than 4 equal payments, where the period between each payment may not be less than the duration of the original covered loan. ``(2) Limits on borrower indebtedness.--Notwithstanding any other provision of law, no covered loan may be extended to any individual, if such individual, considering all covered loans by the consumer during such time period, in the aggregate, has had-- ``(A) 6 covered loans extended during the preceding 12-month period; or ``(B) covered loan obligations of 90 days or longer during the preceding 12-month period. ``(3) Board rulemaking required.--Not later than 180 days after the date of enactment of this subsection, the Board shall issue final rules with respect to covered loans, which rules shall-- ``(A) require each issuer of a covered loan-- ``(i) to offer extended repayment plans, if the borrower is unable to pay under the terms of the original loan; ``(ii) to accept equal payments over a series of pay checks or pay periods of the consumer; ``(iii) to obtain a surety bond, in such amounts as the Board determines appropriate; and ``(iv) to comply with appropriate licensing requirements established by the Board; ``(B) create a mechanism for lenders to determine whether a potential borrower is eligible for a covered loan; ``(C) provide for enforcement by State attorneys general; ``(D) prohibit the purchase or sale, at the same location at which covered loans are offered, of other products or services; and ``(E) prohibit the imposition of any fee or penalty for the early repayment of the obligation, including under any extension described in subparagraph (A)(i). ``(4) Nonenforceability of contracts.--No contract made in violation of this Act may be enforced with respect to any consumer. ``(5) Other fees.--The Board may impose such fees on issuers of covered loans under this subsection as may be necessary to pay the administrative costs of the Board in carrying out and enforcing this subsection. ``(6) Treatment of state law.--Nothing in this subsection may be construed as-- ``(A) preempting any provision of State law, to the extent that such State law provides greater protection to consumers than is provided under this subsection; ``(B) preventing any State from enacting any provision of law that provides greater protection to consumers than is provided under this subsection; ``(C) authorizing covered loans to be made in a State where they are otherwise not permitted under State law; or ``(D) authorizing an extension of credit at an annual percentage rate that would be prohibited by applicable State law.''. | Payday Lending Limitation Act of 2010 - Amends the Truth in Lending Act to prohibit extending consumer credit of $3,000 or less, with an annual percentage rate (APR) exceeding 36% (or, in specified circumstances, 25%) and a term or amortization period of 91 days or less (covered loan), to an individual who has had in the aggregate: (1) six covered loans extended during the preceding 12-month period; or (2) covered loan obligations of 90 days or longer during the preceding 12-month period. Requires the Board of Governors of the Federal Reserve System to issue specified implementing rules governing covered loans. Declares unenforceable with respect to a consumer any contract made in violation of this Act. Declares that this Act neither preempts nor prevents state law from providing greater protection to consumers than is provided under this Act. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Common Sense Nutrition Disclosure Act of 2017''. SEC. 2. AMENDING CERTAIN DISCLOSURE REQUIREMENTS FOR RESTAURANTS AND SIMILAR RETAIL FOOD ESTABLISHMENTS. (a) In General.--Section 403(q)(5)(H) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(q)(5)(H)) is amended-- (1) in subclause (ii)-- (A) in item (I)(aa), by striking ``the number of calories contained in the standard menu item, as usually prepared and offered for sale'' and inserting ``the number of calories contained in the whole standard menu item, or the number of servings (as reasonably determined by the restaurant or similar retail food establishment) and number of calories per serving, or the number of calories per the common unit division of the standard menu item, such as for a multiserving item that is typically divided before presentation to the consumer''; (B) in item (II)(aa), by striking ``the number of calories contained in the standard menu item, as usually prepared and offered for sale'' and inserting ``the number of calories contained in the whole standard menu item, or the number of servings (as reasonably determined by the restaurant or similar retail food establishment) and number of calories per serving, or the number of calories per the common unit division of the standard menu item, such as for a multiserving item that is typically divided before presentation to the consumer''; and (C) by adding at the end the following flush text: ``In the case of restaurants or similar retail food establishments where the majority of orders are placed by customers who are off-premises at the time such order is placed, the information required to be disclosed under items (I) through (IV) may be provided by a remote-access menu (such as a menu available on the internet) as the sole method of disclosure instead of on-premises writings.''; (2) in subclause (iii)-- (A) by inserting ``either'' after ``a restaurant or similar retail food establishment shall''; and (B) by inserting ``or comply with subclause (ii)'' after ``per serving''; (3) in subclause (iv)-- (A) by striking ``For the purposes of this clause'' and inserting the following: ``(I) In general.--For the purposes of this clause''; (B) by striking ``and other reasonable means'' and inserting ``or other reasonable means''; and (C) by adding at the end the following: ``(II) Permissible variation.--If the restaurant or similar food establishment uses such means as the basis for its nutrient content disclosures, such disclosures shall be treated as having a reasonable basis even if such disclosures vary from actual nutrient content, including but not limited to variations in serving size, inadvertent human error in formulation or preparation of menu items, variations in ingredients, or other reasonable variations.''; (4) by amending subclause (v) to read as follows: ``(v) Menu variability and combination meals.--The Secretary shall establish by regulation standards for determining and disclosing the nutrient content for standard menu items that come in different flavors, varieties, or combinations, but which are listed as a single menu item, such as soft drinks, ice cream, pizza, doughnuts, or children's combination meals. Such standards shall allow a restaurant or similar retail food establishment to choose whether to determine and disclose such content for the whole standard menu item, for a serving or common unit division thereof, or for a serving or common unit division thereof accompanied by the number of servings or common unit divisions in the whole standard menu item. Such standards shall allow a restaurant or similar retail food establishment to determine and disclose such content by using any of the following methods: ranges, averages, individual labeling of flavors or components, or labeling of one preset standard build. In addition to such methods, the Secretary may allow the use of other methods, to be determined by the Secretary, for which there is a reasonable basis (as such term is defined in subclause (iv)(II)).''; (5) in subclause (x)-- (A) by striking ``Not later than 1 year after the date of enactment of this clause, the Secretary shall promulgate proposed regulations to carry out this clause.'' and inserting ``Not later than 1 year after the date of enactment of the Common Sense Nutrition Disclosure Act of 2017, the Secretary shall issue proposed regulations to carry out this clause, as amended by such Act. Final regulations to carry out this clause, including any regulations promulgated before the date of enactment of the Common Sense Nutrition Disclosure Act of 2017, shall not take effect until such compliance date as shall be specified by the Secretary in the regulations promulgated pursuant to the Common Sense Nutrition Disclosure Act of 2017.''; and (B) by adding at the end the following: ``(IV) Certifications.--Restaurants and similar retail food establishments shall not be required to provide certifications or similar signed statements relating to compliance with the requirements of this clause.''; (6) by amending subclause (xi) to read as follows: ``(xi) Definitions.--In this clause: ``(I) Menu; menu board.--The term `menu' or `menu board' means the one listing of items which the restaurant or similar retail food establishment reasonably believes to be, and designates as, the primary listing from which customers make a selection in placing an order. The ability to order from an advertisement, coupon, flyer, window display, packaging, social media, or other similar writing does not make the writing a menu or menu board. ``(II) Preset standard build.--The term `preset standard build' means the finished version of a menu item most commonly ordered by consumers. ``(III) Standard menu item.--The term `standard menu item' means a food item of the type described in subclause (i) or (ii) of subparagraph (5)(A) with the same recipe prepared in substantially the same way with substantially the same food components that-- ``(aa) is routinely included on a menu or menu board or routinely offered as a self- service food or food on display at 20 or more locations doing business under the same name; and ``(bb) is not a food referenced in subclause (vii).''; and (7) by adding at the end the following: ``(xii) Opportunity to correct violations.--Any restaurant or similar retail food establishment that the Secretary determines is in violation of this clause shall have 90 days after receiving notification of the violation to correct the violation. The Secretary shall take no enforcement action, including the issuance of any public letter, for violations that are corrected within such 90-day period.''. (b) National Uniformity.--Section 403A(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343-1(b)) is amended by striking ``may exempt from subsection (a)'' and inserting ``may exempt from subsection (a) (other than subsection (a)(4))''. SEC. 3. LIMITATION ON LIABILITY FOR DAMAGES ARISING FROM NONCOMPLIANCE WITH NUTRITION LABELING REQUIREMENTS. Section 403(q)(5)(H) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(q)(5)(H)), as amended by section 2, is further amended by adding at the end the following: ``(xiii) Limitation on liability.--A restaurant or similar retail food establishment shall not be liable in any civil action in Federal or State court (other than an action brought by the United States or a State) for any claims arising out of an alleged violation of-- ``(I) this clause; or ``(II) any State law permitted under section 403A(a)(4).''. Passed the House of Representatives February 6, 2018. Attest: KAREN L. HAAS, Clerk. | (This measure has not been amended since it was reported to the House on January 8, 2018. Common Sense Nutrition Disclosure Act of 2017 (Sec. 2) This bill amends the Federal Food, Drug, and Cosmetic Act to revise the nutritional information that restaurants and retail food establishments must disclose. The nutrient content disclosure statement on the menu or menu board must include: (1) the number of calories contained in the whole menu item; (2) the number of servings and number of calories per serving; or (3) the number of calories per common unit of the item, such as for a multi-serving item that is typically divided before presentation to the consumer. Nutritional information may be provided solely by a remote-access menu (e.g., an Internet menu) for food establishments where the majority of orders are placed by customers who are off-premises. Establishments with self-serve food may comply with the requirements for restaurants or place signs with nutritional information adjacent to each food item. An establishment's nutrient content disclosures may vary from actual nutrient content if the disclosures comply with current standards for reasonable basis. Establishments with standard menu items that come in different flavors, varieties, or combinations, that are listed as a single menu item may determine and disclose nutritional information using specified methods or methods allowed by the Food and Drug Administration (FDA). Regulations pursuant to this bill or the clause amended by this bill may not take effect until the compliance date specified in the regulations promulgated pursuant to this bill. The FDA may not exempt states from nutrition labeling requirements. (Sec. 3) Establishments are not liable in any state or federal civil action for claims arising out of an alleged violation of federal or state nutrition labeling, unless the action is brought by a state or the United States. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Spoofing Prevention Act of 2016''. SEC. 2. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Federal Communications Commission. (2) Voice service.--The term ``voice service'' means any service that furnishes voice communications to an end user using resources from the North American Numbering Plan or any successor to the North American Numbering Plan adopted by the Commission under section 251(e)(1) of the Communications Act of 1934 (47 U.S.C. 251(e)(1)). SEC. 3. EXPANDING AND CLARIFYING PROHIBITION ON MISLEADING OR INACCURATE CALLER IDENTIFICATION INFORMATION. (a) Communications From Outside United States.--Section 227(e)(1) of the Communications Act of 1934 (47 U.S.C. 227(e)(1)) is amended by striking ``in connection with any telecommunications service or IP- enabled voice service'' and inserting ``or any person outside the United States if the recipient of the call is within the United States, in connection with any voice service or text messaging service''. (b) Coverage of Text Messages and Voice Services.--Section 227(e)(8) of the Communications Act of 1934 (47 U.S.C. 227(e)(8)) is amended-- (1) in subparagraph (A), by striking ``telecommunications service or IP-enabled voice service'' and inserting ``voice service or a text message sent using a text messaging service''; (2) in the first sentence of subparagraph (B), by striking ``telecommunications service or IP-enabled voice service'' and inserting ``voice service or a text message sent using a text messaging service''; and (3) by striking subparagraph (C) and inserting the following: ``(C) Text message.--The term `text message'-- ``(i) means a message consisting of text, images, sounds, or other information that is transmitted from or received by a device that is identified as the transmitting or receiving device by means of a 10-digit telephone number; ``(ii) includes a short message service (commonly referred to as `SMS') message, an enhanced message service (commonly referred to as `EMS') message, and a multimedia message service (commonly referred to as `MMS') message; and ``(iii) does not include a real-time, 2-way voice or video communication. ``(D) Text messaging service.--The term `text messaging service' means a service that permits the transmission or receipt of a text message, including a service provided as part of or in connection with a voice service. ``(E) Voice service.--The term `voice service' means any service that furnishes voice communications to an end user using resources from the North American Numbering Plan or any successor to the North American Numbering Plan adopted by the Commission under section 251(e)(1).''. (c) Technical Amendment.--Section 227(e) of the Communications Act of 1934 (47 U.S.C. 227(e)) is amended in the heading by inserting ``Misleading or'' before ``Inaccurate''. (d) Regulations.-- (1) In general.--Section 227(e)(3)(A) of the Communications Act of 1934 (47 U.S.C. 227(e)(3)(A)) is amended by striking ``Not later than 6 months after the date of enactment of the Truth in Caller ID Act of 2009, the Commission'' and inserting ``The Commission''. (2) Deadline.--The Federal Communications Commission shall prescribe regulations to implement the amendments made by this section not later than 18 months after the date of enactment of this Act. (e) Effective Date.--The amendments made by this section shall take effect on the date that is 6 months after the date on which the Commission prescribes regulations under subsection (d). SEC. 4. REPORT ON EXISTING TECHNOLOGICAL SOLUTIONS TO COMBAT MISLEADING OR INACCURATE CALLER IDENTIFICATION INFORMATION. (a) Publication of Report.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Commission shall publish on the website of the Commission a report that identifies existing technology solutions that a consumer can use to protect the consumer against misleading or inaccurate caller identification information. (b) Contents of Report.--In preparing the report under subsection (a), the Commission shall-- (1) analyze existing technologies that can enable consumers to guard against misleading or inaccurate caller identification information; (2) describe how the technologies described in paragraph (1) protect consumers; and (3) detail how voice service subscribers can obtain access to the technologies described in paragraph (1). SEC. 5. GAO REPORT ON COMBATING THE FRAUDULENT PROVISION OF MISLEADING OR INACCURATE CALLER IDENTIFICATION INFORMATION. (a) In General.--The Comptroller General of the United States shall conduct a study of the actions the Commission and the Federal Trade Commission have taken to combat the fraudulent provision of misleading or inaccurate caller identification information, and the additional measures that could be taken to combat such activity. (b) Required Considerations.--In conducting the study under subsection (a), the Comptroller General shall examine-- (1) trends in the types of scams that rely on misleading or inaccurate caller identification information; (2) previous and current enforcement actions by the Commission and the Federal Trade Commission to combat the practices prohibited by section 227(e)(1) of the Communications Act of 1934 (47 U.S.C. 227(e)(1)); (3) current efforts by industry groups and other entities to develop technical standards to deter or prevent the fraudulent provision of misleading or inaccurate caller identification information, and how such standards may help combat the current and future provision of misleading or inaccurate caller identification information; and (4) whether there are additional actions the Commission, the Federal Trade Commission, and Congress should take to combat the fraudulent provision of misleading or inaccurate caller identification information. (c) Report.--Not later than 18 months after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the findings of the study under subsection (a), including any recommendations regarding combating the fraudulent provision of misleading or inaccurate caller identification information. SEC. 6. RULES OF CONSTRUCTION. (a) In General.--Nothing in this Act, or the amendments made by this Act, shall be construed to modify, limit, or otherwise affect any rule or order adopted by the Commission in connection with-- (1) the Telephone Consumer Protection Act of 1991 (Public Law 102-243; 105 Stat. 2394) or the amendments made by that Act; or (2) the CAN-SPAM Act of 2003 (15 U.S.C. 7701 et seq.). (b) Additional.--Nothing in this Act, or the amendments made by this Act, shall be construed-- (1) to mean that a text messaging service (as defined in section 227(e)(8) of the Communications Act of 1934 (47 U.S.C. 227(e)(8)) is a telecommunications service under title II of the Communications Act of 1934 (47 U.S.C. 201 et seq.), or require or direct the Commission to classify a text messaging service as a telecommunications service; (2) to mean that an interconnected VoIP service (as defined in section 9.3 of title 47, Code of Federal Regulations, or any successor regulation) or a non-interconnected VoIP service (as defined in section 64.601(a)(23) of title 47, Code of Federal Regulations, or any successor regulation) is a telecommunications service under title II of the Communications Act of 1934 (47 U.S.C. 201 et seq.), or require or direct the Commission to classify an interconnected VoIP service or a non- interconnected VoIP service as a telecommunications service; or (3) to modify, limit, or otherwise affect the authority of the Commission to determine the scope of any other provision of the Communications Act of 1934 (47 U.S.C. 151 et seq.) and its applicability to any voice service, including an interconnected VoIP service or a non-interconnected VoIP service, or text messaging service. | Spoofing Prevention Act of 2016 This bill amends the Communications Act of 1934 to expand the prohibition against knowingly transmitting misleading or inaccurate caller identification information to apply to: (1) persons outside the United States if the recipient of the call is within the United States, and (2) text messages. Existing caller identification requirements that apply to calls made using a telecommunications service or IP-enabled voice service are revised to apply to voice communications using resources from the North American Numbering Plan. The Federal Communications Commission (FCC) must publish on its website a report that identifies existing technologies that consumers can use to protect against misleading or inaccurate caller identification information. The Government Accountability Office must report on: (1) actions taken, or actions that could be taken, by the FCC or the Federal Trade Commission to combat the fraudulent provision of misleading or inaccurate caller identification information; and (2) any recommendations to combat the fraudulent provision of such information. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Trial Lawyer Pork Act''. TITLE I--ELIMINATION OF BENEFITS FOR TRIAL LAWYERS SEC. 101. FINDINGS. The Congress finds the following: (1) In the spring of 2008, former powerhouse trial lawyer William Lerach was sentenced to a two-year term in Federal prison for his role in a $250 million criminal scheme of illegal kickbacks to plaintiffs. Shortly before his sentencing, Mr. Lerach told the Wall Street Journal that illegal kickbacks to people recruited to file class action lawsuits is an ``industry practice'' in the American trial lawyer business. Mr. Lerach and fellow powerhouse trial lawyer Melvin Weiss, who collaborated on the scheme together as members of the law firm formerly known as Milberg Weiss, are now both serving time in Federal prison for their roles in this criminal scheme. (2) In an unrelated but equally troubling instance of corruption in the trial lawyer industry, one of the wealthiest trial lawyers in America, Richard ``Dickie'' Scruggs of Mississippi, pled guilty in March 2008 to bribing a State judge in order to obtain higher legal fees. Mr. Scruggs is now serving time in Federal prison. (3) In May 2008, in response to these troubling developments, the minority leader, Mr. Boehner of Ohio, and the ranking minority member of the Committee on the Judiciary, Mr. Lamar Smith of Texas, asked the Chairman of the Judiciary Committee, Mr. Conyers of Michigan, and the Speaker of the House, Ms. Pelosi of California, to schedule a bipartisan investigatory hearing to examine Mr. Lerach's assertion that illegal activity is an ``industry practice'' in the trial lawyer industry. In making the request, the minority leader and the ranking member cited growing evidence that illegitimate and predatory lawsuits are destroying jobs, harming the nation's economy, and endangering the prosperity of American families. (4) The Washington Post has called for ``a sober discussion about how best to achieve a fairer, more balanced legal system through comprehensive tort reform''. (5) As of September 2008, the minority's request for a bipartisan congressional response to reports of trial lawyer corruption has been ignored, and no hearings have been conducted on the Milberg Weiss scandal or the broader issues raised by the recent trial lawyer scandals. (6) Instead of investigating the trial lawyer industry and examining the potential threat to American jobs posed by the illegal activity Mr. Lerach calls an ``industry practice'', the majority has provided a steady flow of special legislative favors to the trial lawyer industry since the start of the 110th Congress. Numerous provisions have been inserted into bills on behalf of the trial lawyer industry by the majority, often with little scrutiny or debate. One of the most egregious instances of this trial lawyer pork is the new tax benefit contained in H.R. 6049, which passed the House on March 21, 2008. It is estimated this provision will hand lawyers, and only lawyers, a $1.6 billion windfall over the next 10 years at the expense of U.S. taxpayers and American jobs. (7) According to the Center for Responsive Politics, lawyers and law firms gave $85 million to Democratic candidates during the 2006 election cycle. And in return for the stream of special legislative favors it has received from the majority, the trial lawyer industry has further increased its political support for the majority during the current Congress. According to National Journal: ``In the first quarter of 2008, the AAJ [American Association for Justice, formerly known as the Association of Trial Lawyers of America] spent $1.1 million on lobbying in Washington, according to disclosure reports it filed with Congress. Lawyers and law firms are also playing in the political arena--they are the No. 1 sector among donors to Federal candidates in this election cycle, with $83 million in contributions, according the Center for Responsive Politics. Of that amount, the American Association for Justice political action committee has contributed $1.9 million to candidates, 95 percent to Democrats'' (Swindell, Bill; ``Trial Lawyers Mount a Comeback'', National Journal, July 12, 2008). (8) Instead of providing special favors to benefit the scandal-plagued American trial lawyer industry, the 110th Congress should be investigating the industry. The trial lawyer pork inserted into legislation by the majority during the 110th Congress should be shut down, and bipartisan investigatory hearings should be scheduled immediately to determine the extent to which the illegal activity William Lerach describes as an ``industry practice'' in the trial lawyer business is destroying American jobs and harming the prosperity of working families. SEC. 102. ELIMINATION OF CERTAIN PROVISIONS OF LAW BENEFITTING TRIAL LAWYERS. (a) In General.--Provisions of law that benefit trial lawyers to the detriment of consumers in any of the following categories shall have no force or effect, whether enacted before, on, or after the date of the enactment of this Act: (1) Anti-protective orders, such as the Sunshine in Litigation Act of 2008 (H.R. 5884). (2) Broadening maritime lawsuits such as the Coast Guard Authorization Act of 2008 (section 405 of H.R. 2830). (3) Prohibition of uniform Federal law and expansion of medical liability lawsuits such as the FDA preemption legislation in the Medical Device Safety Act of 2008 (H.R. 6381). (4) Expansion of environmental lawsuits such as the Carbon- Neutral Government Act of 2007 (section 212(f) of H.R. 2635). (5) Ending arbitration agreements such as the Arbitration Fairness Act of 2007 (H.R. 3010), the Fairness in Nursing Home Arbitration Act of 2008 (H.R. 6126), and the Automobile Arbitration Fairness Act of 2008 (H.R. 5312). (6) Expansion of asbestos lawsuits such as the Ban Asbestos in America Act of 2007 (H.R. 3285) and the Bruce Vento Ban Asbestos and Prevent Mesothelioma Act of 2007 (H.R. 3339). (7) Expansion of products liability lawsuits such as the Protecting Americans from Unsafe Foreign Products Act (H.R. 5913). (8) Providing tax breaks for lawsuits such as the Renewable Energy and Job Creation Act of 2008 (section 311 of H.R. 6049). (b) Rule of Construction.--A provision of an Act of Congress enacted after the date of the enactment of this Act that would not have effect by reason of subsection (a) may nonetheless take effect if the Act enacting that provision-- (1) by specific reference cites a report of the General Accountability Office that concludes that-- (A) such provision would not benefit trial lawyers to the detriment of consumers; and (B) in the absence of such provision, there are no other means of remedy or enforcement including State and Federal oversight and State or Federal civil or criminal actions; and (2) has been determined by the Congressional Budget Office not to have a negative fiscal impact. TITLE II--CLARITY AND TRANSPARENCY IN THE CREATION OF PRIVATE RIGHTS OF ACTION UNDER FEDERAL LAW SEC. 201. SHORT TITLE. This title may be cited as the ``Clarity and Transparency in Lawsuits Act'' or ``CATLA''. SEC. 202. FINDINGS. The Congress finds the following: (1) Private rights of action shift enforcement and public policy decisions from regulatory agencies to private lawyers representing individual plaintiffs. (2) Courts are routinely asked to recognize implied rights of action under Federal law. Such implied rights of action add unpredictability to the civil justice system and may have unforeseen adverse consequences. (3) The merits of creating a private right of action should be subject to open debate and close consideration in Congress. Such determinations should not be left to guesswork by courts seeking to uncover legislative intent. (4) This legislation will fulfill the strong suggestion of the Supreme Court of the United States that ``[w]hen Congress intends private litigants to have a cause of action to support their statutory rights, the far better course is for it to specify as much when it creates those rights.'' Cannon v. University of Chicago, 441 U.S. 677, 717 (1979). (5) On numerous occasions, Congress has enacted statutes that explicitly provide a private right of action. (6) Expressly stating any private right of action will eliminate uncertainty for both potential plaintiffs and defendants, will reduce unnecessary, protracted and costly litigation, and will avoid the confusion of inconsistent or conflicting court decisions. SEC. 203. CLARITY AND TRANSPARENCY IN PRIVATE RIGHTS OF ACTION. Any Federal law creating a private right of action shall include express language providing for such a right. No Federal or State court shall construe any Federal law to imply a private right of action in absence of such an express provision. SEC. 204. EFFECTIVE DATE. This Act shall take effect on the date of the enactment of this Act and shall apply prospectively and to those previously enacted laws that have not already been interpreted by the Supreme Court to create a private right of action. TITLE III--PROSECUTING OR COUNSELING CLAIMS OR DEFENSES THAT ARE FALSE, FRIVOLOUS, OR WHOLLY INSUBSTANTIAL SEC. 301. PROSECUTING OR COUNSELING CLAIMS OR DEFENSES THAT ARE FALSE, FRIVOLOUS, OR WHOLLY INSUBSTANTIAL. (a) In General.--No attorney at law shall in any litigation, in or affecting commerce among the States or with foreign nations, prosecute or counsel any action, or assert any claim or defense, which is false, frivolous, or wholly insubstantial. (b) Sanction.--The sanction for a violation of this section shall consist of an order to pay to the party or parties the amount of the reasonable expenses incurred as a direct result of the violation, including reasonable attorneys' fees and costs. The court may also impose additional appropriate sanctions, such as striking the pleadings, dismissing the suit, or other directives of a nonmonetary nature, or, if warranted for effective deterrence, an order directing payment of a penalty into the court. TITLE IV--LAWSUIT ABUSE REDUCTION SEC. 401. SHORT TITLE. This title may be cited as the ``Lawsuit Abuse Reduction Act''. SEC. 402. ATTORNEY ACCOUNTABILITY. (a) Sanctions Under Rule 11.--Rule 11(c) of the Federal Rules of Civil Procedure is amended-- (1) in paragraph (1), by striking ``may'' and inserting ``shall''; (2) in paragraph (2), by striking ``Rule 5'' and all that follows through ``motion.'' and inserting ``Rule 5.''; and (3) in paragraph (4), by striking ``situated'' and all that follows through the end of the paragraph and inserting ``situated, and to compensate the parties that were injured by such conduct. Subject to the limitations in paragraph (5), the sanction shall consist of an order to pay to the party or parties the amount of the reasonable expenses incurred as a direct result of the violation, including reasonable attorneys' fees and costs. The court may also impose additional appropriate sanctions, such as striking the pleadings, dismissing the suit, or other directives of a nonmonetary nature, or, if warranted for effective deterrence, an order directing payment of a penalty into the court'' ; and (4) by adding at the end the following: ``(7) Appeal.--An attorney has the right to appeal a sanction under this subdivision. While such an appeal is pending, the sanction shall be stayed.''. (b) Rule of Construction for Civil Rights Claims.--Rule 11 of the Federal Rules of Civil Procedure is amended by adding at the end the following: ``(e) Rule of Construction for Civil Rights Claims.--Nothing in subdivisions (a) through (c) of this rule shall be construed to bar or impede the assertion or development of new claims or remedies under Federal, State, or local civil rights law.''. SEC. 403. PREVENTION OF INTERSTATE FORUM-SHOPPING. (a) Generally.--A person may not bring a personal injury claim in the court of a State if the person is not a resident of that State unless all or a substantial part of the acts or omissions giving rise to the claim asserted occurred in that State. (b) Alternate Venue.--Notwithstanding subsection (a) and subject to subsection (g), if a person cannot obtain jurisdiction in either Federal or State court against the defendant in the State where all or a substantial part of the acts or omissions giving rise to the claim asserted occurred, then the claim may be filed in a court of another State, unless barred by the statute of limitations or otherwise time barred in the State where the action arose, if-- (1) the defendant's principal place of business is located in that State, if the defendant is a corporation, or (2) the defendant resides in that State, if the defendant is an individual. A person bringing such an action shall be required to establish, by filing an affidavit with the complaint for consideration by the court, that such action cannot be maintained in the State where the action arose due to lack of any legal basis to obtain personal jurisdiction over the defendant. (c) Joinder and Intervention.--In a civil action where more than one plaintiff is joined, each plaintiff must independently satisfy the requirements of this section. A person may not intervene or join in a pending civil action as a plaintiff unless the person independently satisfies the requirements of this section. If the requirements of this section are not satisfied by any such nonresident plaintiff, the court shall dismiss the claims of the plaintiff without prejudice to refiling in a court in any other State or jurisdiction. (d) Most Appropriate Forum.--If a person alleges that a substantial part of the acts or omissions giving rise to the personal injury claim occurred in more than State, the trial court shall determine which State is the most appropriate forum for the claim based on whether the private interests of the litigants and the public interest weigh in favor of the alternate forum. (1) Factors to be weighed in considering the private interests include: (A) the relative ease of access to sources of proof; (B) the availability of compulsory process for attendance of unwilling and the cost of obtaining attendance of willing witnesses; (C) the distance from the site of the accident or incident which gave rise to the litigation, including the possibility of viewing of the premises, if appropriate; (D) the possibility of harassment of either party in litigating in an inconvenient forum; (E) the enforceability of any judgment obtained; and (F) any other practical problems which contribute to the ease, expense, and expedition of the trial. (2) Factors affecting the public interest include: (A) the administrative difficulties for the forum courts; (B) the desirability of having controversies decided in the locale where people are most affected by it; (C) the burden of jury duty on citizens of a State that has little relation to the litigation; and (D) consideration of the State law which must govern the case. (e) Dismissal and Tolling.--If the court determines that another forum would be the most appropriate forum for a claim, the court shall dismiss the claim. Any otherwise applicable statute of limitations shall be tolled beginning on the date the claim was filed and ending on the date the claim is dismissed under this subsection. (f) Definitions.--In this section: (1) The term ``personal injury claim''-- (A) means a civil action brought under State law by any person to recover for a person's personal injury, illness, disease, death, mental or emotional injury, risk of disease, or other injury, or the costs of medical monitoring or surveillance (to the extent such claims are recognized under State law), including any derivative action brought on behalf of any person on whose injury or risk of injury the action is based by any representative party, including a spouse, parent, child, or other relative of such person, a guardian, or an estate; and (B) does not include a claim brought as a class action. (2) The term ``person'' means any individual, corporation, company, association, firm, partnership, society, joint stock company, or any other entity, but not any governmental entity. (3) The term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, and any other territory or possession of the United States. (g) No Impact on Suits Against Foreign Defendants.--Nothing in this section shall be construed to limit Federal or State court jurisdiction over any defendant that is a foreign state or a citizen or subject of a foreign state. (h) State Venue Requirements.--Nothing in this section shall preempt or supersede any State law relating to venue requirements that otherwise would not permit a person to bring, join, or intervene in personal injury claims in that State. (i) Applicability.--This section applies to any personal injury claim filed in State court on or after the date of the enactment of this Act. | Stop Trial Lawyer Pork Act - Declares that certain federal laws that benefit trial lawyers to the detriment of consumers shall have no force or effect, whether enacted before, on, or after the enactment of this Act. Includes among such laws: (1) the Sunshine in Litigation Act of 2008; (2) the Medical Device Safety Act of 2008; (3) the Protecting Americans from Unsafe Foreign Products Act; (4) the Arbitration Fairness Act of 2007; (5) the Ban Asbestos in America Act of 2007; and (6) the Renewable Energy and Job Creation Act of 2008. Clarity and Transparency in Lawsuits Act or CATLA - Requires any federal law creating a private right of action to include express language providing for such a right. Prohibits any federal or state court from construing any federal law to imply a private right of action in absence of such an express provision. Prohibits any attorney at law, in any litigation in or affecting commerce among the states or with foreign nations, from prosecuting or counseling any action, or asserting any claim or defense, which is false, frivolous, or wholly insubstantial. Establishes sanctions for violation of such prohibition. Lawsuit Abuse Reduction Act - Amends Rule 11 (Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions) of the Federal Rules of Civil Procedure to require the court to impose an appropriate sanction on any attorney, law firm, or party that has violated, or is responsible for the violation of, the rule with regard to representations to the court. Requires any sanction to compensate parties injured by the conduct in question. Gives an attorney a right to appeal such a sanction. Prohibits a person from bringing a personal injury claim in the court of a state if the person is not a resident of that state (interstate forum-shopping), unless all or a substantial part of the acts or omissions giving rise to the claim asserted occurred in that state. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Action for Dental Health Act of 2015''. SEC. 2. FINDINGS. Congress finds the following: (1) More than 181 million Americans will not visit a dentist even though nearly half of people over 30 suffer from some form of gum disease and nearly one in four children under the age of five already have cavities. (2) Many volunteer dental projects sponsored by national, State, and local dental societies provide free care now to those most in need. Annually, dentists deliver an estimated $2.6 billion in free and discounted care according to the America's Dentists Care Foundation. (3) It is estimated that emergency department (ED) charges for dental complaints totaled up to $2.1 billion in 2010. Nearly 80 percent of the dental emergency room visits were nonurgent and could have been seen in a dental office. Shifting those ED visits to a dental office translates into potential cost savings of up to $1.7 billion a year and offers the possibility of establishing a ``dental home'' for these individuals. (4) Seniors, especially those in nursing homes and long- term care facilities, often have special dental needs and complicated medical histories that require consultation between dentists and fellow medical professionals in providing an interdisciplinary approach to their overall health needs. SEC. 3. VOLUNTEER DENTAL PROJECTS AND ACTION FOR DENTAL HEALTH PROGRAM. Part B of title III of the Public Health Service Act is revised by amending section 317M (42 U.S.C. 247b-14) as follows: (1) by redesignating subsections (e) and (f) as (g) and (h), respectively; (2) by inserting after subsection (d), the following: ``(e) Grants To Support Volunteer Dental Projects.-- ``(1) In general.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may award grants to or enter into contracts with eligible entities to obtain portable or mobile dental equipment, and pay for appropriate operational costs, for the provision of free dental services to underserved populations that are delivered in a manner consistent with State licensing laws. ``(2) Eligible entity.--In this subsection, the term `eligible entity' includes a State or local dental association, a State oral health program, a dental education, dental hygiene education, or postdoctoral dental education program accredited by the Commission on Dental Accreditation, and a community- based organization that partners with an academic institution, that-- ``(A) is exempt from tax under section 501(c) of the Internal Revenue Code of 1986; and ``(B) offers a free dental services program for underserved populations. ``(f) Action for Dental Health Program.-- ``(1) In general.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may award grants to or enter into contracts with eligible entities to collaborate with State, county, or local public officials and other stakeholders to develop and implement initiatives to accomplish any of the following goals: ``(A) To improve oral health education and dental disease prevention, including community-wide prevention programs, use of dental sealants and fluoride varnish, and increasing oral health literacy. ``(B) To make the health care delivery system providing dental services more accessible and efficient through the development and expansion of outreach programs that will facilitate the establishment of dental homes for children and adults, including the aged, blind, and disabled populations. ``(C) To reduce geographic, language, cultural, and similar barriers in the provision of dental services. ``(D) To help reduce the use of emergency departments by those who seek dental services more appropriately delivered in a dental primary care setting. ``(E) To facilitate the provision of dental care to nursing home residents who are disproportionately affected by lack of care. ``(2) Eligible entity.--In this subsection, the term `eligible entity' includes a State or local dental association, a State oral health program, or a dental education, dental hygiene, or postdoctoral dental education program accredited by the Commission on Dental Accreditation, and a community-based organization that partners with an academic institution, that-- ``(A) is exempt from tax under section 501(c) of the Internal Revenue Code of 1986; and ``(B) partners with public and private stakeholders to facilitate the provision of dental services for underserved populations.''; and (3) in subsection (h), as redesignated by paragraph (1), by striking ``fiscal years 2001 through 2005'' and inserting ``fiscal years 2016 through 2020''. | Action for Dental Health Act 2015 This bill amends the Public Health Service Act to reauthorize oral health promotion and disease prevention programs through FY2020. The Centers for Disease Control and Prevention (CDC) may award grants or enter into contracts to obtain portable or mobile dental equipment and pay operational costs for the provision of free dental services to underserved populations. The CDC may also award grants or enter into contracts to collaborate with state, county, or local public officials and other stakeholders to develop and implement initiatives to: (1) improve oral health education and dental disease prevention; (2) make the health care delivery system providing dental services more accessible and efficient through the development and expansion of outreach programs that facilitate the establishment of dental homes; (3) reduce geographic, language, cultural, and similar barriers in the provision of dental services; (4) reduce the use of emergency departments by those who seek dental services more appropriately delivered in a dental primary care setting; or (5) facilitate the provision of dental care to nursing home residents who are disproportionately affected by lack of care. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Tax Filing Simplification Act of 2016''. SEC. 2. PROHIBITION ON AGREEMENTS RESTRICTING GOVERNMENT TAX PREPARATION AND FILING SERVICES. The Secretary of the Treasury, or the Secretary's delegate, may not enter into any agreement after the date of the enactment of this Act which restricts the Secretary's legal right to provide tax return preparation services or software or to provide tax return filing services. SEC. 3. GOVERNMENT-ASSISTED TAX PREPARATION AND FILING SERVICES. (a) In General.--Chapter 77 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 7529. GOVERNMENT-ASSISTED TAX-RETURN PREPARATION PROGRAMS. ``(a) Establishment of Programs.--The Secretary shall establish and operate the following programs: ``(1) Online tax preparation and filing software.--Not later than January 31, 2018, software for the preparation and filing of individual income tax returns for taxable years beginning after 2016. ``(2) Taxpayer data access.--Not later than March 1, 2018, a program under which taxpayers may download third-party provided return information relating to individual income tax returns for taxable years beginning after 2016. ``(3) Tax return preparation.--Not later than March 1, 2018, a program under which eligible individuals (as defined under subsection (c)(1)) may elect to have income tax returns for taxable years beginning after 2016 prepared by the Secretary. ``(b) Requirements for Taxpayer Data Access Program.-- ``(1) In general.--Return information under the program established under subsection (a)(2) shall be made available-- ``(A) not later than 15 days after the Secretary receives such information, and ``(B) through a secure function that allows a taxpayer to download such information from the Secretary's website in both a printable document file and in a computer-readable form suitable for use by automated tax preparation software. ``(2) Third-party provided return information defined.--For purposes of this section, the term `third-party provided return information' means-- ``(A) information reported to the Secretary through an information return (as defined in section 6724(d)(1)), ``(B) information reported to the Secretary pursuant to section 232 of the Social Security Act, and ``(C) such other information reported to the Secretary as is determined appropriate by the Secretary for purposes of the program established under subsection (a)(2). ``(c) Tax Return Preparation.-- ``(1) Eligible individual.--For purposes of the program established under subsection (a)(3)-- ``(A) In general.--Except as provided in subparagraphs (B) and (C), the term `eligible individual' means, with respect to any taxable year, any individual who-- ``(i) elects to participate in the program established under subsection (a)(3), ``(ii) is an unmarried individual (other than a surviving spouse (as defined in section 2(a))) or the head of a household (as defined in section 2(b)), ``(iii) does not claim any deduction allowed under section 62 for purposes of determining adjusted gross income, ``(iv) claims the standard deduction under section 63, ``(v) claims no deduction under section 151 for any individual who is a dependent (as defined in section 152), ``(vi) does not file Schedule C, and ``(vii) has no income other than income from-- ``(I) wages (as defined in section 3401), ``(II) interest, or ``(III) dividends. ``(B) Limitation on eligibility for tax year 2017.--With respect to any taxable year beginning in 2017, the term `eligible individual' shall only include such populations of individuals described in subparagraph (A) as is determined by the Secretary. ``(C) Expansion of eligibility after tax year 2017.-- ``(i) In general.--At the discretion of the Secretary, with respect to any taxable year beginning after December 31, 2017, the term `eligible individual' may include populations of individuals who would not otherwise satisfy the requirements established under subparagraph (A), such as married individuals, heads of households, taxpayers who are eligible to claim the earned income tax credit under section 32 and have dependents, taxpayers who are eligible to claim the child tax credit under section 24, taxpayers who claim deductions allowed under section 62 for purposes of determining adjusted gross income, and taxpayers with income from nonemployee compensation. ``(ii) Report.--Not later than August 31, 2019, the Secretary shall submit a report to Congress that contains recommendations for such legislative or administrative actions as the Secretary determines necessary with respect to expanding the populations of individuals that may qualify as eligible individuals for purposes of the program established under subsection (a)(3). ``(2) Return must be filed by individual.--No return prepared under the program established under subsection (a)(3) shall be treated as filed before the date such return is submitted by the taxpayer as provided under the rules of section 6011. ``(d) Verification of Identity.--An individual shall not participate in any program described in subsection (a) or access any information under such a program unless such individual has verified their identity to the satisfaction of the Secretary. ``(e) Taxpayer Responsibility.--Nothing in this section shall be construed to absolve the taxpayer from full responsibility for the accuracy or completeness of his return of tax. ``(f) Prohibition on Fees.--No fee may be imposed on any taxpayer who participates in any program established under subsection (a). ``(g) Information Provided for Wage and Self-Employment Income.-- For purposes of subsection (a)(2), in the case of information relating to wages paid for any calendar year after 2016 required to be provided to the Commissioner of Social Security under section 205(c)(2)(A) of the Social Security Act (42 U.S.C. 405(c)(2)(A)), the Commissioner shall make such information available to the Secretary not later than February 15 of the calendar year following the calendar year to which such wages and self-employment income relate.''. (b) Filing Deadline for Information Returns.--Section 6071(b) of such Code is amended to read as follows: ``(b) Information Returns.--Returns made under part III of this chapter shall be filed on or before January 31 of the year following the calendar year to which such returns relate. Section 6081 shall not apply to returns under such part III.''. (c) Conforming Amendment to Social Security Act.--Section 205(c)(2)(A) of the Social Security Act (42 U.S.C. 405(c)(2)(A)) is amended by adding at the end the following new sentence: ``For purposes of the preceding sentence, the Commissioner shall require that information relating to wages paid be provided to the Secretary of the Treasury not later than February 15 of the year following the calendar year to which such wages and self-employment income relate.''. (d) Clerical Amendment.--The table of sections for chapter 77 of such Code is amended by adding at the end the following new item: ``Sec. 7529. Government-assisted tax-return preparation programs.''. (e) Authorization of Appropriations.--There is authorized to be appropriated to carry out the amendments made by this section such sums as may be necessary for each of fiscal years 2017 through 2021. (f) Effective Date.--The amendments made by this section shall apply to returns for taxable years beginning after December 31, 2016. | Tax Filing Simplification Act of 2016 This bill amends the Internal Revenue Code to require the Internal Revenue Service (IRS) to establish and operate the following programs free of charge: online tax preparation and filing software, a program for taxpayers to download third-party provided return information relating to individual income tax returns, and a program to permit individuals with simplified tax situations to elect to have the IRS prepare their returns. The IRS may not enter into any agreement which restricts its legal right to provide tax return preparation services, software, or tax return filing services. An individual participating in the programs established by this bill must verify their identity to the satisfaction of the IRS. |
SECTION 1. IMMIGRANTS WITH ADVANCED DEGREES. (a) Worldwide Level.--Section 201 of the Immigration and Nationality Act (8 U.S.C. 1151) is amended-- (1) in subsection (a)(3), by inserting striking ``diversity immigrants'' and inserting ``immigrants with advanced degrees''; and (2) by amending subsection (e) to read as follows: ``(e) Worldwide Level of Immigrants With Advanced Degrees.--The worldwide level of immigrants with advanced degrees described in section 203(c)(2) is equal to 55,000 for each fiscal year.''. (b) Allocation of Immigrant Visas.--Section 203 of the Immigration and Nationality Act (8 U.S.C. 1153) is amended-- (1) by amending subsection (c) to read as follows: ``(c) Immigrants With Advanced Degrees.-- ``(1) Aliens who hold an advanced degree in science, mathematics, technology, or engineering.-- ``(A) In general.--Qualified immigrants who hold a master's or doctorate degree in the life sciences, the physical sciences, mathematics, technology, or engineering shall be issued immigrant visas or otherwise granted permanent resident status each fiscal year in a number not to exceed the worldwide level allotted under section 201(e). ``(B) Economic considerations.--Beginning on the date which is 1 year after the date of the enactment of this paragraph, the Secretary of State, in consultation with the Secretary of Commerce, the Secretary of Homeland Security, and the Secretary of Labor, and after notice and public hearing, shall determine which of the degrees described in subparagraph (A) will provide immigrants with the knowledge and skills that are most needed to meet anticipated workforce needs and protect the economic security of the United States. ``(2) Maintenance of information.--The Secretary of State shall maintain information on the age, degree (including field of study), occupation, work experience, and other relevant characteristics of immigrants issued immigrant visas or otherwise granted permanent resident status under paragraph (1).''; and (2) in subsection (e), by amending paragraph (2) to read as follows: ``(2) Immigrant visas and adjustment of status under subsection (c) (relating to immigrants with advanced degrees) shall be issued as follows: ``(A) If the Secretary of State has not made a determination under subsection (c)(1)(B), immigrant visas shall be issued, or adjustment granted, in a strictly random order established by the Secretary for the fiscal year involved. ``(B) If the Secretary of State has made a determination under subsection (c)(1)(B) and the number of eligible qualified immigrants who have a degree selected under such subsection and apply for an immigrant visa described in subsection (c) is greater than the worldwide level specified in section 201(e), the Secretary of State shall only issue immigrant visas to, or the Secretary of Homeland Security shall only adjust the status of, such immigrants in a strictly random order established by the Secretary for the fiscal year involved. ``(C) If the Secretary of State has made a determination under subsection (c)(1)(B) and the number of eligible qualified immigrants who have degrees selected under such subsection and apply for an immigrant visa described in subsection (c) is not greater than the worldwide level specified in section 201(e), the Secretary of State (or the Secretary of Homeland Security in the case of adjustment of status) shall-- ``(i) issue immigrant visas to, or adjust the status of, eligible qualified immigrants with degrees determined under subsection (c)(1)(B); and ``(ii) issue any remaining immigrant visas to, or adjust the status of, other eligible qualified immigrants with degrees described in subsection (c)(1)(A) in a strictly random order established by the Secretary for the fiscal year involved.''. (c) Effective Date.--The amendments made by this section shall take effect on October 1, 2008. SEC. 2. ADVANCED DEGREE VISA CARRYOVER. Section 204(a)(1)(I)(ii)(II) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(I)(ii)(II)) is amended to read as follows: ``(II) An immigrant visa made available under subsection 203(c) for fiscal year 2009, or for any subsequent fiscal year, may be issued, or adjustment of status under section 245(a) may be granted, to an eligible qualified alien who has properly applied for such visa or adjustment of status in the fiscal year for which the alien was selected notwithstanding the end of such fiscal year. Such visa or adjustment of status shall be counted against the worldwide levels set forth in section 201(e) for the fiscal year for which the alien was selected.''. | Amends the Immigration and Nationality Act to replace the diversity visa lottery program with a program that issues immigrant visas to aliens with advanced degrees in the life sciences, the physical sciences, mathematics, technology, or engineering. States that such visas shall be issued or adjusted in a random order unless the Secretary of State determines that certain of such degrees are most needed to meet U.S. workforce and economic security needs. (Sets forth visa allocation provisions if the Secretary has made such an economic determination.) Provides for advanced degree visa carryover as of FY2009. |
SECTION 1. FINDINGS. The Congress finds that: (1) A confluence of technologies has made or soon will make possible the delivery of or access to a wide range of information and informational services, including educational and research data, to our homes, schools and communities. (2) Interactive, multimedia programs offer special opportunities for both formal and informal education and learning, particularly in science, mathematics, geography, languages, and multidisciplinary areas. (3) Such information and services can improve productivity, provide individuals new choices for their lives and improve the quality of their lives. (4) Such information and services should be available to all Americans. SEC. 2. PURPOSE. It is the purpose of this Act to provide for the creation of a system of State-based electronic libraries which-- (1) provide delivery of or access to a vast array of interactive, multimedia educational programs, research and informational data and services, and networking opportunities; (2) seek to make these materials available to all Americans through public libraries, electronic databases and telecommunications systems such as the Internet or other publicly available networks, which reach into the home, school, and community; and (3) provide robust and reliable computer program support services for search and retrieval, including, but not limited to, tools for intelligent querying, aids in formulating search strategies, indexes and inventories of available resources and mechanisms to guide the user, and which make provision for education and training programs in the use of the electronic library resources. SEC. 3. AUTHORIZATION. The National Science Foundation, in consultation with the Department of Education, the Department of Commerce, the Defense Advanced Research Projects Agency, and the Library of Congress, is authorized to make multiyear grants to States to develop electronic libraries. These libraries shall provide delivery of and access to a variety of databases, computer programs and interactive multimedia presentations, including educational materials, research information, statistics and reports developed by Federal, State and local governments and other information and informational services which can be carried over the Internet and similar networks, including the advanced capabilities of the National Research and Education Network when they become available. SEC. 4. CRITERIA. In order to qualify for a grant, a State shall: (1) Establish a statewide committee consisting of representatives of the educational, library, information, telecommunications, governmental and business communities, and the public at large to develop and implement the plan described in paragraph (2). Members of such committee shall be appointed by the Governor, or the Governor's designee. (2) Develop a statewide plan for a network accessible electronic library capable of producing, obtaining, storing, retrieving and disseminating data and interactive multimedia programs, information and informational services; provide for widespread access to such library, including access from the school and home; publicize the existence of such a library; and develop user friendly instructional programs on how to access and use the library. The plan shall provide for-- (A) hardware and software for demonstration and use purposes. Such hardware and software shall include but not be limited to computer-based servers and work stations, CD-ROMS, network access, including terrestrial and satellite access, computer programs for search and retrieval and other computer hardware, software and networking technologies, as appropriate. Such technologies shall, to the extent possible, adhere to standards which promote open architecture and interoperability; (B) software and programs, which identify and provide access to a broad range of materials, including but not limited to-- (i) multimedia educational programs which are commercially available; (ii) information developed by Federal departments and agencies, especially information developed for digitalized libraries and available electronically; (iii) information developed by State and local governments, which is or can easily be made available electronically; and (iv) information developed by colleges, universities, libraries and other research and educational institutions which is available electronically; (C) networking, including but not limited to-- (i) connectivity to the Internet and other information services, including the National Research and Education Network when it becomes available; (ii) dial-in access; and (iii) access to other advanced means of accessing materials in the library from the home, school and community, at least on a pilot basis; (D) programs to facilitate the production of computer graphics, software programs, and customized materials for use in the classroom, to be made available to representatives of libraries and educational institutions; (E) access to bibliographic information and other information available electronically such as that contained in the Library of Congress, and colleges and universities throughout the country; (F) databases of information on services available at the State or local level of government, including relevant material on how and where to apply for such services; (G) coordination with and, where feasible, linkage to other similar systems within the State and, when available, those developed under the high performance computing and communications initiative; (H) an education and training program designed to assist people in comprehending and utilizing the technology effectively and locating electronic information resources; and (I) innovative or experimental efforts designed to advance networking of electronic information resources and public access to them. (3) Commit to participate with National Science Foundation designated coordination mechanisms as necessary to ensure efficient interoperability with other State systems. The National Science Foundation, in designating such mechanisms, shall consult with the Department of Commerce, the Defense Advanced Research Projects Agency and the Department of Education. (4) Provide matching funds, in cash or in kind, from State or private sources equal to at least 30 percent of the total grant cost. SEC. 5. ELIGIBILITY. States which meet the criteria in section 4 shall be eligible to apply for grants under this Act. SEC. 6. TRANSFER OF FUNDS. The National Science Foundation under section 1501 of title 31, United States Code, is authorized to transfer funds on a reimbursable basis to other agencies of the Federal Government which can effectively participate in this effort. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. To carry out this Act, there are authorized for fiscal year 1994, $10,000,000; for fiscal year 1995, $25,000,000; for fiscal year 1996, and each fiscal year thereafter, such sums as may be necessary. | Authorizes the National Science Foundation to make grants to States to develop electronic libraries. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Nurse-Managed Health Clinic Investment Act of 2009''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) Nurse-managed health clinics (referred to in this section as ``NMHCs'') offer their patients primary care and wellness services based on the nursing model, which emphasizes the protection, promotion, and optimization of health along with the prevention of illness, and the alleviation of suffering in conjunction with diagnosis and treatment. Nurses are advocates and educators providing care for individuals, families, communities, and populations. (2) More than 200 NMHCs are currently in operation across the United States. Such clinics record over 2,000,000 client encounters annually. (3) NMHCs offering primary care services meet the Institute of Medicine's definition of safety-net provider by providing care regardless of their patients' ability to pay. A substantial share of the patient mix is made up of uninsured individuals, Medicaid recipients, State Children's Health Insurance Program recipients, and other vulnerable populations. A recent study funded by the Centers for Medicare & Medicaid Services reported that more than 45 percent of the payor mix for NMHCs is uninsured, and 37 percent are Medicaid recipients. (4) NMHC patients are very diverse. According to recent data, 46 percent of NMHC patients are Caucasian, 29 percent are African-American, and another 20 percent are Latino. (5) Approximately 133,000,000 people in the United States (45 percent of the population) have at least 1 chronic disease. These diseases account for 81 percent of hospital admissions, 91 percent of all prescriptions filled, and 76 percent of all physician visits. About 75 percent of health care spending in the United States is related to chronic care. Chronic disease management programs have the potential to reduce costs and improve outcomes for chronically ill patients. NMHCs providing wellness services strengthen the health care safety-net by expanding access to chronic disease management services for geriatric and medically underserved populations. (6) NMHCs offering primary care provide a medical home for medically underserved individuals, and are viable partners with the Federal Government to reduce health disparities. They provide a full range of health care services, including primary care, wellness services, and behavioral health care to the residents of rural and urban underserved communities. Because NMHCs are often located in public housing developments, senior living arrangements, schools, and community centers, they help remove barriers preventing access to care and are instrumental in addressing and eliminating the factors contributing to health disparities. (7) NMHCs offering wellness services reinforce the medical home concept by providing a critical first level of care for populations living in rural areas with limited access to physicians and other primary care providers. NMHC patients participating in wellness services are connected to a medical home through established referral networks. (8) As new strategies for increasing health coverage are implemented, utilization of nurse-managed health clinics offering both primary care and wellness services will help meet the increased demand arising from newly covered individuals while alleviating current primary care physician shortages. (9) In spite of their numerous benefits, NMHCs of all types have limited access to both Federal and State funding. Initially, many NMHCs were established through grants from the Division of Nursing of the Health Resources and Services Administration (referred to in this paragraph as the ``Division of Nursing''). Soon after their inception, NMHC directors recognized their patients had a desperate need for primary care and wellness services, a need that continues. To meet that need, NHMCs across the country have expanded their mission to focus on increasing access to primary care and wellness services the medically underserved populations, while still maintaining their role as clinical sites for nursing education. Available sources of Division of Nursing grant funding cannot accommodate the increased cost associated with caring for the uninsured and medically underserved populations that has accompanied the expanding focus of nurse-managed care. As a result, 50 percent of the NMHCs established between 1993 and 2007 have had to close. Such clinics frequently are the only source of health care for their patients, and such closures have left thousands without health care. (10) In recognition of the growing needs of NMHCs, in Senate Report 109-103, Congress called on the Bureau of Primary Health Care (BPHC) to ``consider establishing a grant program . . . that would support the establishment or expansion of nurse practice arrangements commonly referred to as nurse-managed health centers . . .''. The goal of this Act is to comply with the language of such Senate Report by establishing a grant program within BPHC that is a better fit for the changing role of NMHCs. The program will give NMHCs access to a stable source of funding, further enabling them to expand primary care and wellness services in underserved communities, while reducing the level of health disparities that vulnerable populations throughout the Nation face. (b) Purpose.--It is the purpose of this Act to fund the development and operation of nurse-managed health clinics to-- (1) provide comprehensive and accessible primary health care and wellness services to vulnerable populations living in the Nation's medically underserved communities; and (2) reduce the level of health disparities experienced by vulnerable populations. SEC. 3. NURSE-MANAGED HEALTH CLINICS. Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by adding at the end the following: ``PART S--NURSE-MANAGED HEALTH CLINIC PROGRAM ``SEC. 399JJ. GRANTS TO NURSE-MANAGED HEALTH CLINICS. ``(a) Definition; Establishment of Criteria.--In this section: ``(1) Nurse-managed health clinic or `nmhc'.--The term `nurse-managed health clinic' or `NMHC' means a nurse-practice arrangement, managed by advanced practice nurses, that provides primary care or wellness services to underserved or vulnerable populations and is associated with a school, college, university, or department of nursing, federally qualified health center, or an independent nonprofit health or social services agency. ``(2) Medically underserved populations.--The term `medically underserved population' has the meaning given such term in section 330(b)(3). ``(3) Vulnerable population.--The term `vulnerable population' means a population that lacks access to adequate primary care or suffers from increased health disparities due to factors such as health, age, race, ethnicity, sex, insurance status, income level, or ability to communicate effectively. ``(4) Behavioral health care services.--The term `behavioral health care services' means health care related to adult, family, and pediatric emotional health and well-being and consists of identifying, assessing, and defining mental health problems and developing a plan of care, which may include psychopharmacological management, education about specific mental illnesses, or basic counseling services that are furnished by qualified health care professionals. ``(5) Comprehensive primary health care services.--The term `comprehensive primary health care services' means health care related to adult, family, and pediatric health and consisting of adult health, pediatrics, obstetrics, or gynecology services that are furnished by nurse practitioners, physician assistants, physicians, nurse midwives, clinical nurse specialists, other advanced practice nurses, or other qualified health care professionals. In addition to primary care services, specific services may include-- ``(A) preventive health services; ``(B) prenatal and perinatal services; ``(C) appropriate cancer screening; ``(D) well-child services; ``(E) immunizations against vaccine-preventable diseases; ``(F) screenings for elevated blood lead levels; ``(G) screening for communicable diseases; ``(H) cholesterol screenings; ``(I) pediatric eye and ear screenings to determine the need for vision and hearing correction; ``(J) emergency medical services; ``(K) diagnostic laboratory and radiologic services; ``(L) care navigation services; ``(M) pharmaceutical services, as may be appropriate for each clinic; and ``(N) voluntary family planning. ``(6) Wellness services.--The term `wellness services' means any health-related service or intervention, not including primary care, which is designed to reduce identifiable health risks and increase healthy behaviors intended to prevent the onset of disease or lessen the impact of existing chronic conditions by teaching more effective management techniques that focus on individual self-care and patient-driven decisionmaking. Specific services may include-- ``(A) chronic disease self-management training; ``(B) health screenings relating to hypertension, diabetes, cancer, HIV, lead exposure, and other chronic conditions; ``(C) health and patient education; ``(D) immunizations against vaccine-preventable diseases; ``(E) outreach and home visiting services; ``(F) environmental health risk reduction services; ``(G) case management services; ``(H) interpretation and translation services; ``(I) weight control programs; ``(J) smoking cessation programs; ``(K) physical activity and fitness programs involving geriatric, youth, and other vulnerable populations; ``(L) occupational safety and health; and ``(M) cognitive behavioral services. ``(b) Authority To Award Grants.--The Secretary shall award grants for the cost of the operation of NMHCs that meet the requirements of this section. ``(c) Applications.--To be eligible to receive a grant under this section, an entity shall-- ``(1) be a NMHC; and ``(2) submit to the Secretary an application at such time, in such manner, and containing-- ``(A) an assurance that the NMHC provides direct access to client-centered nursing services with access to other health care services and that nurses are the major service providers at the NMHC; ``(B) evidence that an advanced practice nurse (`APN') holds an executive management position within the organizational structure of the NMHC and that an APN has direct responsibility for overseeing the daily operations of the NMHC; ``(C) an assurance that the NMHC will continue to provide comprehensive primary care services or wellness services for the duration of the grant period; ``(D) an assurance that the nurse-managed health clinic will establish, not later than 90 days after receiving a grant under this section, a community advisory committee composed of individuals, a majority of whom are being served by the clinic, the purpose of which is to provide input into the nurse-managed health clinic decisionmaking process; ``(E) an assurance that the NMHC will demonstrate the receipt of non-Federal matching funds equaling at least 20 percent of the Federal portion of any grant awarded under this section, and evidence that the necessary matching funds will be acquired not later than 180 days after receiving the grant; and ``(F) an assurance that the NMHC will provide care regardless of the insurance status or income of a patient. ``(d) Waiver of Requirements.--The Secretary may, upon a showing of good cause, waive any aspect of the matching funds requirement described in subsection (c)(2)(E). ``(e) Use of Funds.-- ``(1) In general.--Funds awarded under a grant under this section may be used for the provision of primary care services and wellness services, for the management of NMHC programs, for the payment of salaries for NMHC personnel, and for providing training for the provision of required health services. Funds may also be used for acquiring and leasing buildings and equipment (including the cost of amortizing the principle of, and paying interest on, loans for such buildings and equipment). ``(2) Amount.--The amount of any grant made in any fiscal year to a NMHC shall be determined by the Secretary, taking into account-- ``(A) the financial need of the NMHC; ``(B) State, local, and other operational funding provided to the NMHC; and ``(C) other factors as determined appropriate by the Secretary. ``(f) Technical Assistance.-- ``(1) In general.--The Secretary shall establish a program through which the Secretary shall provide (either through the Department of Health and Human Services or by grant or contract) technical and other assistance to NMHCs to assist such clinics in meeting the requirements of this section. In determining appropriate providers to assist in offering technical assistance, the Secretary shall consider whether the provider has demonstrated the capacity to effectively address the unique needs of NMHCs. ``(2) Technical services.--Services provided under this section may include necessary technical and nonfinancial assistance, including fiscal and program management assistance, training in fiscal and program management, operational and administrative support, and the provision of information to NMHC regarding the various resources available under this section and how those resources can best be used to meet the health needs of the communities served by NMHCs. ``(g) Evaluation.--The Secretary shall develop and implement a plan for evaluating NMHCs funded under this section. Such evaluations shall monitor and track the performance of the grantee as well as the quality of the services that are provided under the grant. ``(h) Authorization of Appropriations.--For the purposes of carrying out this section, there are authorized to be appropriated $50,000,000 for fiscal year 2010, and such sums as may be necessary for each of fiscal years 2011 through 2014.''. | Nurse-Managed Health Clinic Investment Act of 2009 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS) to award grants for operating nurse-managed health clinics. Defines "nurse-managed health clinic" as a nurse-practice arrangement that provides primary care or wellness services to underserved or vulnerable populations regardless of insurance status or ability to pay and that is associated with an educational institution, health center, or social services agency. Requires the Secretary to provide technical assistance and services to such clinics in meeting the requirements of this Act and to develop and implement a plan for evaluating such clinics. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Pay and Retirement Reform Act of 1999''. SEC. 2. FISCAL YEAR 2000 INCREASE IN MILITARY BASIC PAY AND REFORM OF BASIC PAY RATES. (a) Waiver of Section 1009 Adjustment.--The adjustment to become effective during fiscal year 2000 required by section 1009 of title 37, United States Code, in the rates of monthly basic pay authorized members of the uniformed services shall not be made. (b) January 1, 2000, Increase in Basic Pay.--Effective on January 1, 2000, the rates of monthly basic pay for members of the uniformed services shall be increased by 4.4 percent. (c) Reform of Basic Pay Rates.--Effective on July 1, 2000, the rates of monthly basic pay for members of the uniformed services within each pay grade are as follows: COMMISSIONED OFFICERS\1\ Years of service computed under section 205 of title 37, United States Code ------------------------------------------------------------------------ Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6 ------------------------------------------------------------------------ O-10\2\......... $0.00 $0.00 $0.00 $0.00 $0.00 O-9............. 0.00 0.00 0.00 0.00 0.00 O-8............. 6,569.10 6,784.50 6,926.40 6,966.60 7,148.40 O-7............. 5,458.50 5,829.60 5,829.60 5,871.90 6,091.20 O-6............. 4,045.50 4,444.50 4,736.10 4,736.10 4,754.40 O-5............. 3,236.10 3,799.50 4,062.30 4,112.10 4,276.20 O-4............. 2,727.30 3,321.30 3,542.70 3,592.20 3,798.60 O-3\3\.......... 2,534.40 2,873.40 3,100.80 3,351.90 3,512.40 O-2\3\.......... 2,210.40 2,517.90 2,899.80 2,997.60 3,059.40 O-1\3\.......... 1,919.10 1,997.40 2,413.80 2,413.80 2,413.80 ------------------------------------------------------- Over 8 Over 10 Over 12 Over 14 Over 16 ------------------------------------------------------- O-10\2\......... $0.00 $0.00 $0.00 $0.00 $0.00 O-9............. 0.00 0.00 0.00 0.00 0.00 O-8............. 7,443.00 7,512.30 7,794.60 7,876.20 8,119.20 O-7............. 6,258.30 6,451.20 6,643.80 6,837.00 7,443.00 O-6............. 4,958.40 4,985.70 4,985.70 5,152.50 5,769.00 O-5............. 4,276.20 4,404.90 4,642.50 4,953.60 5,268.30 O-4............. 3,966.00 4,236.90 4,447.20 4,593.60 4,740.90 O-3\3\.......... 3,688.50 3,835.50 4,024.80 4,123.20 4,123.20 O-2\3\.......... 3,059.40 3,059.40 3,059.40 3,059.40 3,059.40 O-1\3\.......... 2,413.80 2,413.80 2,413.80 2,413.80 2,413.80 ------------------------------------------------------- Over 18 Over 20 Over 22 Over 24 Over 26 ------------------------------------------------------- O-10\2\......... $0.00 $10,614.3 0 $10,666.8 0 $10,888.8 0 $11,275.20 O-9............. 0.00 9,283.80 9,417.60 9,611.10 9,948.30 O-8............. 8,471.40 8,796.60 9,013.50 9,013.50 9,013.50 O-7............. 7,955.10 7,955.10 7,955.10 7,955.10 7,995.10 O-6............. 6,063.00 6,357.00 6,524.10 6,695.70 7,024.20 O-5............. 5,415.30 5,562.30 5,731.80 5,731.80 5,731.80 O-4............. 4,791.60 4,791.60 4,791.60 4,791.60 4,791.60 O-3\3\.......... 4,123.20 4,123.20 4,123.20 4,123.20 4,123.20 O-2\3\.......... 3,059.40 3,059.40 3,059.40 3,059.40 3,059.40 O-1\3\.......... 2,413.80 2,413.80 2,413.80 2,413.80 2,413.80 ------------------------------------------------------------------------ \1\Notwithstanding the pay rates specified in this table, basic pay for commissioned officers may not exceed the rate of basic pay for level V of the Executive Schedule. \2\While serving as Chairman or Vice Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, Commandant of the Marine Corps, or Commandant of the Coast Guard, basic pay for this grade is calculated to be $12,441.00, regardless of cumulative years of service computed under section 205 of title 37, United States Code. However, actual basic pay for these officers may not exceed the rate of basic pay for level V of the Executive Schedule. \3\This table does not apply to commissioned officers in the grade O-1, O-2, or O-3 who have been credited with over 4 years of active duty service as an enlisted member or warrant officer. COMMISSIONED OFFICERS WITH OVER 4 YEARS OF ACTIVE DUTY SERVICE AS AN ENLISTED MEMBER OR WARRANT OFFICER Years of service computed under section 205 of title 37, United States Code ------------------------------------------------------------------------ Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6 ------------------------------------------------------------------------ O-3E............ $0.00 $0.00 $0.00 $3,351.90 $3,512.40 O-2E............ 0.00 0.00 0.00 2,997.60 3,059.40 O-1E............ 0.00 0.00 0.00 2,413.80 2,578.50 ------------------------------------------------------- Over 8 Over 10 Over 12 Over 14 Over 16 ------------------------------------------------------- O-3E............ $3,688.50 $3,835.50 $4,024.80 $4,184.40 $4,275.60 O-2E............ 3,156.30 3,321.30 3,448.20 3,542.70 3,542.70 O-1E............ 2,673.60 2,770.50 2,866.80 2,997.60 2,997.60 ------------------------------------------------------- Over 18 Over 20 Over 22 Over 24 Over 26 ------------------------------------------------------- O-3E............ $4,402.50 $4,402.50 $4,402.50 $4,402.50 $4,402.50 O-2E............ 3,542.70 3,542.70 3,542.70 3,542.70 3,542.70 O-1E............ 2,997.60 2,997.60 2,997.60 2,997.60 2,997.60 ------------------------------------------------------------------------ WARRANT OFFICERS Years of service computed under section 205 of title 37, United States Code ------------------------------------------------------------------------ Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6 ------------------------------------------------------------------------ W-5.............. $0.00 $0.00 $0.00 $0.00 $0.00 W-4.............. 2,582.10 2,777.70 2,857.80 2,937.60 3,071.70 W-3.............. 2,346.90 2,545.80 2,545.80 2,578.50 2,684.10 W-2.............. 2,055.60 2,223.90 2,223.90 2,297.10 2,413.80 W-1.............. 1,712.70 1,963.50 1,963.50 2,127.60 2,223.90 ------------------------------------------------------ Over 8 Over 10 Over 12 Over 14 Over 16 ------------------------------------------------------ W-5.............. $0.00 $0.00 $0.00 $0.00 $0.00 W-4.............. 3,204.90 3,337.50 3,471.90 3,608.40 3,739.20 W-3.............. 2,804.40 2,962.80 3,059.40 3,164.70 3,285.60 W-2.............. 2,545.80 2,642.40 2,739.30 2,833.50 2,937.90 W-1.............. 2,323.80 2,424.00 2,523.60 2,624.10 2,724.30 ------------------------------------------------------ Over 18 Over 20 Over 22 Over 24 Over 26 ------------------------------------------------------ W-5.............. $0.00 $4,458.00 $4,611.00 $4,764.90 $4,918.50 W-4.............. 3,873.30 4,006.20 4,139.70 4,273.50 4,410.30 W-3.............. 3,405.60 3,525.60 3,645.60 3,765.90 3,886.20 W-2.............. 3,044.70 3,151.80 3,258.60 3,365.70 3,365.70 W-1.............. 2,824.20 2,899.80 2,899.80 2,899.80 2,899.80 ------------------------------------------------------------------------ ENLISTED MEMBERS Years of service computed under section 205 of title 37, United States Code ------------------------------------------------------------------------ Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6 ------------------------------------------------------------------------ E-9\1\........... $0.00 $0.00 $0.00 $0.00 $0.00 E-8.............. 0.00 0.00 0.00 0.00 0.00 E-7.............. 1,758.90 1,920.60 1,993.20 2,066.10 2,139.60 E-6.............. 1,513.20 1,671.90 1,746.00 1,817.40 1,892.70 E-5.............. 1,327.80 1,488.30 1,560.90 1,634.70 1,708.50 E-4.............. 1,238.10 1,368.00 1,441.80 1,514.40 1,587.90 E-3.............. 1,167.00 1,255.80 1,329.00 1,330.80 1,330.80 E-2.............. 1,123.20 1,123.20 1,123.20 1,123.20 1,123.20 E-1.............. \2\ 1,001.70 1,001.70 1,001.70 1,001.70 1,001.70 ------------------------------------------------------ Over 8 Over 10 Over 12 Over 14 Over 16 ------------------------------------------------------ E-9\1\........... $0.00 $3,003.90 $3,071.70 $3,157.80 $3,259.20 E-8.............. 2,518.80 2,591.70 2,659.50 2,741.10 2,829.30 E-7.............. 2,212.50 2,285.40 2,359.50 2,430.90 2,504.40 E-6.............. 1,966.50 2,040.30 2,111.40 2,184.00 2,235.90 E-5.............. 1,783.50 1,855.20 1,928.70 1,929.00 1,929.00 E-4.............. 1,587.90 1,587.90 1,587.90 1,587.90 1,587.90 E-3.............. 1,330.80 1,330.80 1,330.80 1,330.80 1,330.80 E-2.............. 1,123.20 1,123.20 1,123.20 1,123.20 1,123.20 E-1.............. 1,001.70 1,001.70 1,001.70 1,001.70 1,001.70 ------------------------------------------------------ Over 18 Over 20 Over 22 Over 24 Over 26 ------------------------------------------------------ E-9\1\........... $3,360.30 $3,460.20 $3,595.50 $3,729.60 $3,900.90 E-8.............. 2,921.40 3,014.40 3,149.10 3,282.90 3,471.90 E-7.............. 2,577.30 2,650.50 2,776.80 2,915.10 3,122.40 E-6.............. 2,274.60 2,274.60 2,274.60 2,274.60 2,274.60 E-5.............. 1,929.00 1,929.00 1,929.00 1,929.00 1,929.00 E-4.............. 1,587.90 1,587.90 1,587.90 1,587.90 1,587.90 E-3.............. 1,330.80 1,330.80 1,330.80 1,330.80 1,330.80 E-2.............. 1,123.20 1,123.20 1,123.20 1,123.20 1,123.20 E-1.............. 1,001.70 1,001.70 1,001.70 1,001.70 1,001.70 ------------------------------------------------------------------------ \1\While serving as Sergeant Major of the Army, Master Chief Petty Officer of the Navy, Chief Master Sergeant of the Air Force, Sergeant Major of the Marine Corps, or Master Chief Petty Officer of the Coast Guard, basic pay for this grade is $4,701.00, regardless of cumulative years of service computed under section 205 of title 37, United States Code. \2\In the case of members in the grade E-1 who have served less than 4 months on active duty, basic pay is $926.70. SEC. 3. RETIRED PAY COMPUTATION FORMULA FOR MEMBERS OF THE ARMED FORCES WHO ENTERED MILITARY SERVICE ON OR AFTER AUGUST 1, 1986. (a) Repeal of ``Redux'' Retired Pay Reduction Applicable to Post- August 1, 1986, Members With Less Than 30 Years of Service.--Section 1409(b) of title 10, United States Code, is amended-- (1) by striking paragraph (2); (2) by redesignating paragraph (3) as paragraph (2); and (3) in paragraph (1), by striking ``paragraphs (2) and (3)'' and inserting ``paragraph (2)''. (b) Modification of Cost-of-Living Adjustment Applicable to Post- August 1, 1986, Members.--Paragraph (3) of section 1401a of such title is amended to read as follows: ``(3) Post-august 1, 1986 members.-- ``(A) If the percent determined under paragraph (2) is equal than or greater than 3 percent, the Secretary shall increase the retired pay of each member and former member who first became a member on or after August 1, 1986, by the difference between-- ``(i) the percent determined under paragraph (2); and ``(ii) 1 percent. ``(B) If the percent determined under paragraph (2) is less than 3 percent, the Secretary shall increase the retired pay of each member and former member who first became a member on or after August 1, 1986, by the lesser of-- ``(i) the percent determined under paragraph (2); and ``(ii) 2 percent.''. (c) Conforming Amendments.-- (1) Section 1410 of such title is amended-- (A) by striking ``on that date'' and all that follows through ``increases in the retired pay'' and inserting ``on that date if increases in the retired pay''; (B) by striking ``section); and'' and inserting ``section).''; (C) by striking paragraph (2); and (D) by amending the section heading to read as follows: ``Sec. 1410. Restoral of cost-of-living adjustment amount at age 62 for members entering on or after August 1, 1986''. (2) The table of sections at the beginning of chapter 71 of such title is amended to read as follows: ``1410. Restoral of cost-of-living adjustment amount at age 62 for members entering on or after August 1, 1986.''. (3) Chapter 73 of such title is amended as follows: (A) Section 1447(6)(A) is amended by striking ``(determined without regard to any reduction under section 1409(b)(2) of this title)''. (B) Section 1451(h) is amended by striking paragraph (3). (C) Section 1452(c) is amended by striking paragraph (4). (d) Effective Date.--The amendments made by this section shall take effect on October 1, 1999. | Military Pay and Retirement Reform Act of 1999 - Waives during FY 2000 any required adjustment in the rates of monthly military basic pay in conformance with the General Schedule of the Federal Government. Increases such pay by 4.4 percent, effective on January 1, 2000. Provides an increase in such pay as of July 1, 2000, for officers and enlisted personnel within specified pay grades. Repeals a Federal provision which provides a formula reduction in the retired pay of military personnel who first become members after July 31, 1986, and had creditable military service of less than 30 years. Directs the Secretary of Defense to increase the annual retired pay of such members under a revised formula which takes into account annual cost-of-living increases. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Food Stamp Flexibility Act of 1995''. SEC. 2. FOOD STAMP BLOCK GRANT PROGRAM. The Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.) is amended to read as follows: ``definition ``Section 1. This Act may be cited as the `Food Stamp Act'. ``definition ``Sec. 2. In this Act, the term `State' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands of the United States, and the reservations of an Indian tribe whose tribal organization meets the requirements of this Act for participation as a State agency. ``purpose; implementation ``Sec. 3. (a) Purpose.--The purpose of this Act is to strengthen individuals by helping them move from dependence on government benefits to economic independence by consolidating Federal assistance to the States for food assistance to the needy into a single grant for such purpose, thereby giving States maximum flexibility to-- ``(1) require beneficiaries who are parents to ensure that their school-age children attend school; ``(2) require minors who are beneficiaries to attend school; ``(3) require parent beneficiaries to ensure that their children receive the full complement of childhood immunizations; ``(4) limit the amount of time beneficiaries may receive assistance; ``(5) require beneficiaries not to use illegal drugs or abuse other drugs; ``(6) deny assistance to illegal aliens; ``(7) require individuals who sponsor the residency of legal aliens to support those they sponsor; and ``(8) involve religious and charitable organizations, voluntary associations, civic groups, community organizations, nonprofit entities, benevolent and fraternal orders, philanthropic entities, and other groups in the private sector, as appropriate, in the provision of services and assistance to needy individuals with the funding States receive under this Act. ``(b) Implementation.--This purpose shall be implemented in accordance with conditions in each State and as determined by State law. ``payment to states ``Sec. 4. (a) State Mandates for Work by Beneficiaries.-- ``(1) Requirements for work.--As a condition of receiving a payment of funds under this Act, a State shall require each adult member of any family receiving assistance from a State under this Act to work, as defined by State law. Any individual who fails or refuses to work, and any member of such individual's family residing with such individual, shall not be eligible for assistance from funds provided to the State under this Act. ``(2) Exception.--Paragraph (1) shall not apply in the case of an individual who is over sixty-two years of age. ``(b) Amount.-- ``(1) In general.--Each State shall, subject to the requirements of this Act, be entitled to receive quarter payments for fiscal years 1996, 1997, 1998, 1999, and 2000 in an amount equal to 25 percent of the annual amount determined under paragraph (2) for such fiscal year for carrying out the purpose described in section 3. ``(2) Annual amount.--The annual amount determined under this paragraph is equal to-- ``(A) in fiscal year 1996, 100 percent of the amount received by a State in fiscal year 1994, or 100 percent of the average of amounts received by the State in fiscal years 1992, 1993, and 1994, whichever is greater, under this Act; and ``(B) in each fiscal year thereafter, 100 percent of the amount received by a State in the preceding fiscal year under this Act (as in effect in such preceding fiscal year), ``(c) Funding Requirements.--The Secretary of the Treasury shall make quarterly payments described in subsection (b)(1) directly to each State in accordance with section 6503 of title 31, United States Code. ``(d) Expenditure of Funds; Rainy Day Fund.--Amounts received by a State under this Act for any fiscal year shall be expended by the State in such fiscal year or in the succeeding fiscal year, except for such amounts as the State deems necessary to set aside in a separate account to provide, without fiscal limitation, for unexpected levels of assistance during periods of high unemployment or other events which cause an unexpected increase in the need for food assistance to needy individuals. Any amounts remaining in such segregated accounts after fiscal year 2000 shall be expended by a State for the purpose described in section 3 of this Act as in effect in fiscal year 2000. ``(e) Prohibition on Use of Funds.--Except as provided in subsection (f), a State to which a payment is made under this section may not use any part of such payment to provide medical services. ``(f) Authority To Use Portion of Grant for Other Purposes.-- ``(1) In general.--A State may use not more than 30 percent of the annual amount paid to the State under this Act for a fiscal year to carry out a State program pursuant to any or all of the following provisions of law: ``(A) Part A of title IV of the Social Security Act. ``(B) Title XVI of such Act. ``(C) Title XIX of such Act. ``(2) Applicable rules.--Any amount paid to the State under this Act that is used to carry out a State program pursuant to a provision of law specified in paragraph (1) shall not be subject to the requirements of this Act, but shall be subject to the requirements that apply to Federal funds provided directly under the provision of law to carry out the program. ``administrative and fiscal accountability ``Sec. 5. (a) Audits; Reimbursement.-- ``(1) Audits.-- ``(A) In general.--A State shall, not less than annually, audit the State expenditures from amounts received under this Act. Such audit shall-- ``(i) determine the extent to which such expenditures were or were not expended in accordance with this Act; and ``(ii) be conducted by an approved entity (as defined in subparagraph (B)) in accordance with generally accepted auditing principles. ``(B) Approved entity.--For purposes of subparagraphs (A), the term `approved entity' means an entity that is-- ``(i) approved by the Secretary of the Treasury. ``(ii) approved by the chief executive officer of the State; and ``(iii) independent of any agency administering activities funded under this Act. ``(2) Reimbursement.-- ``(A) In general.--Not later than 30 days following the completion of an audit under this subsection, a State shall submit a copy of the audit to the State legislature and to the Secretary of the Treasury. ``(B) Repayment.--Each State shall pay to the United States amounts ultimately found by the approved entity under paragraph (1)(A) not to have been expended in accordance with this Act plus 10 percent of such amount as a penalty, or the Secretary of the Treasury may offset such amounts plus the 10 percent penalty against any other amount in any other year that the State may be entitled to receive under this Act. ``(b) Additional Accounting Requirement.--The provisions of chapter 75 of title 31, United States Code, shall apply to the audit requirements of this section. ``(c) Reporting Requirements; Form, Contents.-- ``(1) Annual reports.--A State shall prepare comprehensive annual reports on the activities carried out with amounts received by the State under this Act. ``(2) Content.--Reports prepared under this section-- ``(A) shall be for the most recently completed fiscal year; ``(B) shall be in accordance with generally accepted accounting principles, including the provisions of chapter 75 of title 31, United States Code; ``(C) shall include the results of the most recent audit conducted in accordance with the requirements of subsection (a) of this section; and ``(D) shall be in such form and contain such other information as the State deems necessary-- ``(i) to provide an accurate description of such activities; and ``(ii) to secure a complete record of the purposes for which amounts were expended in accordance with this Act. ``(3) Copies.--A State shall make copies of the reports required under this section available for public inspection within the State. Copies also shall be provided upon request to any interested public agency, and each such agency may provide its views on such reports to the Congress. ``(d) Administrative Supervision.-- ``(1) Role of the secretary of the treasury.-- ``(A) In general.--The Secretary of the Treasury shall supervise the amounts received under this Act in accordance with subparagraph (B). ``(B) Limited supervision.--The supervision by the Secretary of the Treasury shall be limited to-- ``(i) making quarterly payments to the States in accordance with section 4(c); ``(ii) approving the entities referred to in subsection (a)(1)(B); and ``(iii) withholding payment to a State based on the findings of such an entity in accordance with subsection (a)(2)(B). ``(2) Other federal supervision.--No administrative officer or agency of the United States, other than the Secretary of the Treasury and, as provided for in section 6, the Attorney General, shall supervise the amounts received by the States under this Act or the use of such amounts by the States. ``(e) Limited Federal Oversight.--With the exception of the Department of the Treasury as provided for in this section and section 6 of this Act, no Federal department or agency may promulgate regulations or issue rules regarding the purpose of this Act. ``nondiscrimination provisions ``Sec. 6. (a) No Discrimination Against Individuals.--No individual shall be excluded from participation in, denied the benefits of, or subjected to discrimination under any program or activity funded in whole or in part with amounts received under this Act on the basis of such individual's-- ``(1) disability under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794); ``(2) sex under title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.); or ``(3) race, color, or national origin under title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.). ``(b) Compliance.--If the Secretary of the Treasury determines that a State, or an entity that has received funds from amounts received by the State under this Act, has failed to comply with a provision of law referred to in subsection (a), except as provided for in section 7 of this Act, the Secretary of the Treasury shall notify the chief executive officer of the State and shall request the officer to secure compliance with such provision of law. If, not later than 60 days after receiving such notification, the chief executive officer fails or refuses to secure compliance, the Secretary of the Treasury may-- ``(1) refer the matter to the Attorney General with a recommendation that an appropriate civil action be instituted; ``(2) exercise the powers and functions provided under title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.); or section 505 of the Rehabilitation Act of 1973 (29 U.S.C. 794a), (as applicable); or ``(3) take such other action as may be provided by law. ``(c) Authority of Attorney General; Civil Actions.--When a matter is referred to the Attorney General pursuant to subsection (b)(1), or if the Attorney General has reason to believe that an entity is engaged in a pattern or practice in violation of a provision of law referred to in subsection (a), the Attorney General may bring a civil action in an appropriate district court of the United States for such relief as may be appropriate, including injunctive relief. ``nondiscrimination and institutional safeguards for religious providers ``Sec. 7. (a) Purpose.--The purpose of this section is to allow the participation of religious and charitable organizations as providers of assistance funded under this Act, on the same basis as any other provider, without impairing or diminishing the religious character or freedom of such organizations. ``(b) Nondiscrimination.--Religious organizations are eligible as providers of food assistance to needy individuals as provided for under this Act. Neither the Federal Government nor a State receiving funds under this Act shall discriminate against an organization which is or applies to be a provider of assistance on the basis that the organization has a religious mission or purpose. ``(c) Religious Character and Freedom.-- ``(1) In general.--Notwithstanding any other provision of law, any religious organization participating as a provider of assistance funded under this Act shall retain its independence from Federal, State, and local governments, including such organization's control over the definition, development, practice, and expression of its religious beliefs. Such an organization may select, employ, promote, discipline, and dismiss its clerics and other ecclesiastics, directors, officers, employees, and volunteers on the basis of religion, a religious belief, or a religious practice. However, a religious organization shall not deny needy individuals the benefits of any assistance funded under this Act on the basis of religion, a religious belief, or refusal to participate in a religious practice. ``(2) Additional safeguards.--Neither the Federal Government nor a State shall require a religious provider of assistance to-- ``(A) alter its form of internal governance, or form a separate, nonprofit corporation to receive and administer the assistance funded under this Act; or ``(B) alter real estate or facilities used to provide such assistance, including but not limited to the removal of religious art, icons, scripture, or other symbols; in order to be eligible to be a provider of food assistance funded under this Act. ``(3) Fiscal accountability.-- ``(A) In general.--Except as provided in subparagraph (B), any religious organization providing assistance funded under this Act, shall be subject to the same regulations as other providers to account in accord with generally accepted auditing principles for the use of such funds provided under this Act. ``(B) Limited audit.--Religious organizations may segregate Federal funds provided under this Act into separate accounts, and then only the financial assistance provided with those funds shall be subject to audit. ``(d) Compliance.--A religious organization which has its rights under this section violated may enforce its claim by asserting a civil action for such relief as may be appropriate, including injunctive relief or damages, in an appropriate district court of the United States against the entity or agency that commits such violation. ``(e) Rights of Beneficiaries of Assistance.-- ``(1) In general.--If a beneficiary has a bona fide objection to the religious character of the organization or institution from which the beneficiary is receiving assistance funded under this Act, each State shall provide such beneficiary a certificate, redeemable with any other provider of assistance funded under this Act, for services the value of which is no less than the value of the funding received by the religious provider from a State to provide assistance funded under this Act for such individual. ``(2) Prohibition on providing cash in exchange for certificates.--No provider of assistance funded under this Act shall provide a beneficiary a cash amount in exchange for a certificate provided for under paragraph (1). SEC. 3. CONFORMING AMENDMENTS TO THE BUDGET ACT. Section 255(h) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 905(h)) is amended by striking ``Food stamp programs (12-3505-0-1-605 and 12-3550-0-1-605);'' and inserting ``Food Stamp Act;''. SEC. 4. EFFECTIVE DATE. The amendment made by this Act shall take effect on October 1, 1995. | Food Stamp Flexibility Act of 1995 - Amends the Food Stamp Act of 1977 to restructure the existing food stamp program as a block grant program with a State mandate for work by beneficiaries. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Social Investment and Economic Development for the Americas Act of 2010''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Findings. Sec. 4. Statement of policy. Sec. 5. Establishing a social investment and economic development fund for the Americas. SEC. 2. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. (2) The americas.--The term ``Americas'' means all the countries of North America, Central America, South America, and the Caribbean. (3) The region.--The term ``Region'' means all the countries of Central America, South America, the Caribbean, and Mexico. SEC. 3. FINDINGS. Congress finds that-- (1) it is in the national interest and national security interest of the United States to help foster greater economic security and stability in the Americas; (2) the Americas are a distinct geographical region with political and cultural identities that are linked in important ways; (3) many of the social, economic, and security issues in the Americas transcend national borders, and addressing these issues requires a coordinated, long-term approach; (4) over the last few decades, there has been notable progress on democracy and economic stability in the Region, and it is now largely made up of democracies with shared democratic values; (5) for progress in the Region to be sustained, governments will need to continue to develop effective and transparent civilian institutions, and maintain a system of checks and balances among those institutions; (6) the United States is committed to promoting democracy, human rights, and social and economic development throughout the Americas, while respecting the heritage, culture, and sovereignty of all nations; (7) poverty and inequality remain persistent problems in the Americas, spawning street crime, criminal cartels, and undermining the authority of government institutions; (8) the poverty rate in the Region is nearly 40 percent, with little significant improvement since the 1980s, and the countries in the Region, on average, have the most unequal distribution of wealth in the world; (9) greater citizen engagement and closer connections between the institutions of civil society and local and national governments are critical to political stability and economic growth in the Americas; (10) development assistance to promote micro, small, and medium enterprise growth, improve the investment climate, and create a competitive workforce in the countries of the Region can help foster economic security and stability; (11) an expanding middle class in the Region will result in increased demand for exports from the United States; (12) in partnering with the countries of the Region, the United States can play a positive role in addressing the challenges of poverty and inequality, and achieving greater energy security; (13) an increased United States commitment to economic and social development in the Region can benefit workers and businesses in the United States; and (14) as President Obama said to the leaders of the Region at the Fifth Summit of the Americas, the United States is ``committed to combating inequality and creating prosperity from the bottom up . . . This is by no means charity. Together, we can create a broader foundation for prosperity that builds new markets and powers new growth for all peoples in the hemisphere''. SEC. 4. STATEMENT OF POLICY. It is the policy of the United States-- (1) to minimize the negative economic impact on the countries in the Region of the global recession, and to seek a broad-based regional recovery; (2) to promote democracy and the rule of law in the Region; (3) to promote and strengthen human rights in the Region by-- (A) participating in the Inter-American Commission on Human Rights and in the Inter-American Court of Human Rights; (B) concluding negotiations on the draft Inter- American Convention against Racism and All Forms of Discrimination and Intolerance; and (C) supporting the full rights of indigenous peoples and Afro-descendents in the Americas, including the right to participate in the political and economic life of a nation; (4) to improve living conditions for all citizens in the Americas by-- (A) protecting all people in the Americas, especially women, children, and adolescents, from all forms of trafficking in persons and sexual and economic exploitation; (B) coordinating national strategies within the Americas to eradicate forced labor before 2010, and the worst forms of child labor by 2020; and (C) supporting programs that create opportunities for work in the formal sector, and programs providing workers with the technical skills needed to meet the demands of labor markets; (5) to improve public health in the countries of the Americas by-- (A) implementing the World Health Organization's International Health Regulations to prevent pandemics and reduce the likelihood of public health emergencies; and (B) implementing the Joint United Nations Program on HIV/AIDS; (6) to improve public education in the Americas by-- (A) supporting programs which seek to increase enrollments in secondary and vocational-technical education; (B) reaffirming the commitment of the United States to the 2008 Declaration of Medellin: Youth and Democratic Values; and (C) supporting the Inter-American Social Protection Network; (7) to improve the capacity of government institutions by-- (A) supporting the Inter-American Network on Decentralization, Local Government and Citizen Participation (RIAD); (B) supporting the Inter-American Convention against Corruption, adopted at Caracas, Venezuela, March 29, 1996, in the fight against all forms of corruption, fraudulent practices and unethical behaviors. SEC. 5. ESTABLISHING A SOCIAL INVESTMENT AND ECONOMIC DEVELOPMENT FUND FOR THE AMERICAS. (a) Authorization of Assistance.--Part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended by adding at the end the following: ``CHAPTER 13--SOCIAL INVESTMENT AND ECONOMIC DEVELOPMENT FOR THE AMERICAS ``SEC. 499G. DEFINITIONS. ``In this chapter: ``(1) Appropriate congressional committees.--The term `appropriate congressional committees' means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. ``(2) The americas.--The term `Americas' means all the countries of North America, Central America, South America, and the Caribbean. ``(3) The region.--The term `Region' means all the countries of Central America, South America, the Caribbean, and Mexico. ``SEC. 499H. AUTHORIZATION OF ASSISTANCE. ``(a) Assistance.--The President, acting through the Administrator of the United States Agency for International Development, and working with governments and civil society in the Americas, shall provide increased and sustained assistance to build civilian institutions that will help reduce poverty, expand the middle class, and foster increased economic opportunity by-- ``(1) promoting education; ``(2) improving health and disease prevention; ``(3) increasing access to income generating activities; ``(4) reducing crime, particularly violent crime, including-- ``(A) murder; ``(B) kidnapping; ``(C) gang violence, including youth gangs; and ``(D) violence against women; ``(5) generating rural development; ``(6) reducing poverty and inequality in both urban and rural areas; ``(7) strengthening the rule of law, governance, and democracy through the establishment of-- ``(A) independent judiciaries; ``(B) efficient processes to adjudicate claims; and ``(C) effective law enforcement institutions; and ``(8) eliminating the exclusion of marginalized populations, including-- ``(A) indigenous groups; ``(B) people of African descent; ``(C) women; ``(D) the impoverished; and ``(E) people with disabilities. ``(b) Contribution Requirement.-- ``(1) In general.--Except as provided in paragraph (2), in order to receive assistance from the United States under this chapter, a recipient country shall contribute at least 10 percent of the total value of the funds the United States provides for projects in the recipient country. ``(2) Waiver.-- ``(A) Authority.--The Secretary of State may waive paragraph (1) if it is determined that it is important to the national security interests of the United States to do so. ``(B) Report.--Whenever the waiver authority under subparagraph (A) is exercised, the Secretary of State shall submit a report to the appropriate congressional committees detailing the justification for the waiver and the purposes for which the funds will be spent. ``(3) Additional contributions.--The Administrator of the United States Agency for International Development may require additional contributions from the recipient country. ``(c) Ineligibility To Receive Assistance.--The President may not provide assistance under this section to the government of a country that is ineligible to receive assistance under section 620, this part, or chapter 4 of part II. ``(d) Additional Terms and Conditions.--The President may impose additional terms and conditions on countries receiving assistance under this section. ``(e) Coordination With Other Federal Agencies.--The Administrator of the United States Agency for International Development shall coordinate with the heads of other Federal departments and agencies as necessary to carry out this section. ``SEC. 499I. EVALUATION. ``(a) In General.--The Administrator of the United States Agency for International Development shall ensure that projects carried out under this chapter are subject to rigorous, independent impact evaluations at the initial design stage and the conclusion of the projects to determine if the projects are helping-- ``(1) to reduce poverty in the Americas; and ``(2) to foster social and economic development in the countries of the Americas. ``(b) Coordinated Evaluations.--If possible, the evaluations shall be conducted in coordination with evaluations of similar projects that other donors fund in order to expand the evidence base used for making decisions. ``(c) Use of Evaluations.--The Administrator of the United States Agency for International Development shall use information from the evaluations conducted under subsection (a) to inform future project decisions. ``SEC. 499J. REPORT. ``Not later than 1 year after the date of the enactment of the Social Investment and Economic Development for the Americas Act of 2010, and annually thereafter, the President shall submit to Congress a report on the specific programs, projects, and activities carried out under this chapter during the preceding year, including an evaluation of the results of the programs, projects, and activities. ``SEC. 499K. BUDGET. ``The report required under section 499J may be submitted with the budget justification materials submitted to Congress and the budget submitted by the President under section 1105(a) of title 31, United States Code. ``SEC. 499L. AUTHORIZATION OF APPROPRIATIONS. ``(a) In General.--In addition to amounts otherwise authorized to be appropriated for assistance to the Region, there are authorized to be appropriated to carry out this chapter-- ``(1) $175,000,000 for fiscal year 2010; ``(2) $225,000,000 for fiscal year 2011; ``(3) $275,000,000 for fiscal year 2012; ``(4) $300,000,000 for fiscal year 2013; and ``(5) $325,000,000 for fiscal year 2014. ``(b) Additional Authorities.--Amounts appropriated pursuant to subsection (a) shall remain available until expended. ``(c) Funding Limitation.--Not more than 7 percent of the amounts appropriated pursuant to subsection (a) for a fiscal year may be used for administrative expenses to carry out programs authorized in subsection (a). ``(d) Microfinance Growth Fund for the Americas.-- ``(1) Purpose.--The purpose of the Microfinance Growth Fund for the Americas is to provide the countries in the Region with-- ``(A) stable, medium-term and long-term sources of finance to microfinance institutions; and ``(B) investment vehicles. ``(2) Sense of congress.--It is the sense of Congress that United States contributions to the Microfinance Growth Fund for the Americas should be matched on a dollar-for-dollar basis with contributions from the public, private, or non-profit sectors. ``(3) Authorization of appropriations.--There is authorized to be appropriated $50,000,000 in each of the fiscal years 2010 through 2014 for debt and equity financing for the Microfinance Growth Fund for the Americas. ``(e) Capacity Building Related to Trade Promotion Agreements.-- There is authorized to be appropriated to the United States Agency for International Development $15,000,000 in each of the fiscal years 2010 through 2014 for labor and environmental capacity building activities relating to the implementation of trade promotion agreements. ``(f) Eligible Agreements.--The agreements under subsection (e) may include agreements between the United States and other countries that are-- ``(1) ratified agreements; ``(2) pending agreements; or ``(3) potential agreements. ``(g) Proposed Public-Private Fund for Social and Economic Development in the Americas.-- ``(1) In general.--The Secretary of State, in consultation with the Secretary of the Treasury and the Administrator of the United States Agency for International Development, shall immediately establish and convene an advisory group, consisting of persons with a relevant professional background in the Americas from the public, private, and nonprofit sectors, to consider the feasibility of establishing a new public-private Fund for Social and Economic Development in the Americas (referred to in this section as ``the Fund''). ``(2) Sense of congress.--It is the sense of Congress that-- ``(A) the Fund should be governed by a board composed of members drawn from the public, private, and nonprofit sectors in the United States and the Region; ``(B) building on initiatives already underway in the Region, the Fund should make grants for the purpose of advancing long-term social and economic development in the Americas; ``(C) governments, development organizations, and private foundations throughout the world should contribute to the Fund, and the contribution of the United States Government to the Fund should be no greater than \1/3\ of the total annual budget of the Fund; and ``(D) each country choosing to participate in the Fund should be required to contribute at least 10 percent of the annual total of grants received by such country, to ensure the active involvement of the country in the operation of the Fund and the grant- making process. ``(3) Report.-- ``(A) In general.--Not later than 1 year after the date of the enactment of this Act, the advisory group established under paragraph (1) shall submit to the Secretary of State and the appropriate congressional committees a report containing conclusions about the feasibility of a Fund and its recommendations for organizing, financing, and operating the Fund. ``(B) Contents of the report.--The report submitted under subparagraph (A) shall include a determination of the advantages and disadvantages of establishing and operating the Fund within an existing institution, such as-- ``(i) the Inter-American Foundation; ``(ii) the World Bank; or ``(iii) the Inter-American Development Bank. ``(4) Authorization of appropriations.--There are authorized to be appropriated such sums as may be necessary for fiscal year 2010 for the purpose of carrying out this subsection.''. | Social Investment and Economic Development for the Americas Act of 2010 - Amends the Foreign Assistance Act of 1961 to direct the President, through the United States Agency for International Development (USAID) and working with governments and civil society in the Americas (the countries of North America, Central America, South America, and the Caribbean), to provide assistance to reduce poverty, expand the middle class, and foster increased economic opportunity. Directs the Secretary of State to establish an advisory group to consider the feasibility of establishing a public-private Fund for Social and Economic Development in the Americas. Authorizes appropriations for: (1) assistance to Central America, South America, the Caribbean, and Mexico; (2) debt and equity financing for a Microfinance Growth Fund for the Americas; (3) the Fund for Social and Economic Development in the Americas; and (4) USAID for labor and environmental capacity building activities relating to the implementation of trade promotion agreements. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Act for Lyme Education and Research and Tick-Borne Diseases'' or the ``ALERT Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The United States alone has 82 species of ticks causing at least 10 major diseases, which are Lyme disease, anaplasmosis, human monocytic ehrlichosis, babesiosis, tick paralysis, relapsing fever, tularemia, Rocky Mountain spotted fever, Colorado tick fever, and southern tick-associated rash illness (STARI) (also known as Masters' disease). New tick species continue to be classified, and new diseases continue to emerge. (2) Lyme disease is the most prevalent vector-borne disease in the United States today. (3) According to the Centers for Disease Control and Prevention, only 10 percent of cases that meet its surveillance criteria are reported; thus, an estimated 200,000 to 240,000 new cases occur each year. (4) Tests to detect serum antibodies for Lyme disease can yield a high number of false-positive and false-negative results. False-negative results may delay diagnosis and treatment, which may lead to chronic, more debilitating, persistent and costly disease. (5) The diagnosis and treatment picture of Lyme disease and other tick-borne diseases can be complicated because more than one tick-borne disease can be acquired by the bite of the same tick. (6) If it is not diagnosed and treated early, Lyme disease can lead to chronic illness and can affect every system in the body, including the central nervous system. Diagnosis is complicated because Lyme disease can mimic diseases such as meningitis, multiple sclerosis, brain tumor, Alzheimer's disease, Parkinson's disease, ALS, and psychiatric illness. (7) According to a study by the National Institutes of Health, patients with persistent Lyme disease suffer physical disability equivalent to that of congestive heart failure, severe pain equivalent to post-operative pain, and profound fatigue similar to multiple sclerosis. SEC. 3. GOALS. (a) Five-Year Plan.--The Secretary of Health and Human Services, acting as appropriate through the Director of the Agency for Healthcare Research and Quality, the Director of the Centers for Disease Control and Prevention, and the Director of the National Institutes of Health, shall establish a plan that, for the five fiscal years following the date of the enactment of this Act, provides for activities to be carried out during such fiscal years toward achieving the goals described in paragraphs (1) through (4) of subsection (b). The plan shall, as appropriate to such goals, provide for the coordination of programs and activities regarding Lyme disease and other tick-borne diseases that are conducted or supported by the Federal Government. (b) Goals.-- (1) First goal: diagnostic test.--The first goal under subsection (a) shall be-- (A) to develop a sensitive and definitive test for the diagnosis of Lyme disease capable of distinguishing active infection from past infection; (B) to improve efficient utilization of diagnostic testing currently available to account for the multiple clinical manifestations of both acute and chronic Lyme disease; and (C) to provide for the rapid evaluation and adoption of emerging test methods. (2) Second goal: surveillance and reporting of lyme disease and other tick-borne diseases.--The second goal under subsection (a) shall be-- (A) to accurately determine the prevalence of Lyme disease and other tick-borne diseases in the United States; (B) to evaluate the feasibility of developing a reporting system for collecting data on physician- diagnosed cases that do not meet the surveillance criteria of the Centers for Disease Control and Prevention in order to more accurately gauge disease outbreaks and incidence; and (C) to evaluate the feasibility of creating a national uniform reporting system to include mandatory reporting by laboratories in each State. (3) Third goal: prevention of lyme disease and other tick- borne diseases and complications due to delayed diagnosis and treatment.--The third goal under subsection (a) shall be-- (A) for the Director of the Agency for Healthcare Research and Quality, in coordination with the Director of the Centers for Disease Control and Prevention and the Director of the National Institutes of Health, to provide and promote access to a comprehensive, up-to- date clearinghouse of peer-reviewed information on Lyme and other tick-borne diseases; (B) to provide for public education by expanding the Community Based Education Programs of the Centers for Disease Control and Prevention to include expansion of information access points available to the public; (C) to create a physician education program that includes the full spectrum of scientific research on Lyme and other tick-borne diseases; and (D) for the Secretary to sponsor scientific conferences on Lyme and other tick-borne diseases, including reporting and consideration of the full spectrum of clinically-based knowledge, with the first of such conferences held within 24 months after the date of the enactment of this Act and with further conferences held as determined appropriate by the Secretary. (4) Fourth goal: clinical outcomes research.--The fourth goal under subsection (a) shall be-- (A) to establish epidemiological research goals to determine the long term course of illness for Lyme disease; and (B) to establish treatment outcomes research goals to determine the effectiveness of different treatment modalities. SEC. 4. STUDY BY INSTITUTE OF MEDICINE. (a) In General.--Not later than 90 days after the date of the enactment of this Act, the Secretary shall request the Institute of Medicine, National Academies of Sciences, to enter into an agreement with the Secretary for the conduct of a study of chronic Lyme disease. Such study shall include a systematic assessment of empirical evidence of treating physicians, as well as published peer-reviewed data, and shall include recommendations for addressing research gaps in diagnosis and treatment of chronic Lyme disease and an assessment of treatment guidelines, such as those of the Infectious Diseases Society of America and those of the International Lyme and Associated Diseases Society, and their utilization. (b) Report.--The Secretary shall ensure that, not later than one year after the Secretary enters into the agreement under subsection (a), a report providing the results of the study under such subsection is submitted to the Secretary and the Tick-Borne Diseases Advisory Committee under section 6. SEC. 5. INCREASED FUNDING FOR RESEARCH AND EDUCATION. (a) In General.--For the purpose of providing for research and educational activities for Lyme and other tick-borne diseases, and for carrying out efforts to prevent Lyme and other tick-borne diseases, there is authorized to be appropriated $20,000,000 for each of the fiscal years 2006 through 2010. Such authorization is in addition to other authorizations of appropriations that are available for such purpose. (b) Study.--Of the amounts appropriated under subsection (a), the Secretary shall reserve not more than $500,000 for conducting the study under section 4. SEC. 6. ESTABLISHMENT OF TICK-BORNE DISEASES ADVISORY COMMITTEE. (a) Establishment.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish within the Office of the Secretary an advisory committee to be known as the Tick-Borne Diseases Advisory Committee (referred to in this section as the ``Committee''). (b) Duties.--The Committee shall advise the Secretary and the Assistant Secretary for Health regarding the manner in which such officials can-- (1) ensure interagency coordination and communication and minimize overlap regarding efforts to address tick-borne diseases; (2) identify opportunities to coordinate efforts with other Federal agencies and private organizations addressing such diseases; (3) ensure interagency coordination and communication with constituency groups; (4) ensure that a broad spectrum of scientific viewpoints are represented in public health policy decisions and that information disseminated to the public and physicians is balanced; and (5) advise relevant Federal agencies on priorities. (c) Membership.-- (1) Appointed members.-- (A) In general.--From among individuals who are not officers or employees of the Federal Government, the Secretary shall appoint to the Committee, as voting members, an equal number of individuals from each of the groups described in clauses (i) through (v), as follows: (i) Scientific community members representing the broad spectrum of viewpoints held within the scientific community, such as members of the International Lyme and Associated Diseases Society. (ii) Representatives of tick-borne disease voluntary organizations. (iii) Health care providers who are full- time practicing physicians providing care for acute and chronic tick-borne diseases. (iv) Patient representatives who are individuals who have been diagnosed with tick- borne diseases or who have had an immediate family member diagnosed with such a disease. (v) Representatives of State and local health departments and national organizations that represent State and local health professionals. (B) Certain requirement.--In appointing members under subparagraph (A), the Secretary shall ensure that such members, as a group, represent a diversity of scientific perspectives relevant to the duties of the Committee. (2) Ex officio members.--The Secretary shall designate the Assistant Secretary for Health as a nonvoting, ex officio member of the Committee. In addition, the Secretary shall designate, as nonvoting members of the Committee, representatives from each of the following Federal agencies: (A) The Agency for Healthcare Research and Quality. (B) The National Institutes of Health. (C) The Centers for Disease Control and Prevention. (D) The Food and Drug Administration. (E) The Office of the Assistant Secretary for Health. (F) Such additional Federal agencies as the Secretary determines to be appropriate. (3) Chair.--The members of the Committee appointed under paragraph (1) shall select an individual from among such members to serve as the chair of the Committee. The term for serving as the chair shall be two years. (4) Term of appointment.--The term of service for each member of the Committee, other than the Assistant Secretary for Health, shall be four years. (5) Vacancy.--A vacancy in the membership of the Committee shall be filled in the same manner as the original appointment. Any member appointed to fill a vacancy for an unexpired term shall be appointed for the remainder of that term. Members may serve after the expiration of their terms until their successors have taken office. (d) Meetings.--The Committee shall hold public meetings, except as otherwise determined by the Secretary, giving notice to the public of such, and meet at least twice a year with additional meetings subject to the call of the Chair. Agenda items may be added at the request of members of the Committee, including the Chairs. Meetings shall be conducted, and records of the proceedings shall be maintained, as required by applicable law and by regulations of the Secretary. (e) Authorization of Appropriations.--For the purpose of carrying out this section, there is authorized to be appropriated $250,000 for each of the fiscal years 2006 and 2007. Amounts appropriated under the preceding sentence shall be used for the expenses and per diem costs incurred by the Committee under this section in accordance with the Federal Advisory Committee Act, except that no voting member of the Committee shall be a permanent salaried employee. SEC. 7. REPORTS. (a) In General.--Not later than 24 months after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to the Congress a report on the activities carried out under this Act. (b) Content.--Reports under subsection (a) shall describe-- (1) progress in the development of accurate diagnostic tools and treatment modalities and their use in clinical settings; (2) the promotion of public awareness and physician education initiatives to improve the knowledge of health care providers and the public regarding clinical and surveillance practices for Lyme disease and other tick-borne diseases; and (3) other significant activities relating to surveillance, diagnosis, treatment, or prevention of Lyme and other tick- borne diseases. SEC. 8. DEFINITION. For purposes of this Act, the ``Secretary'' means the Secretary of Health and Human Services. | Act for Lyme Education and Research and Tick-Borne Diseases or the ALERT Act - Requires the Secretary of Health and Human Services to establish a five-year plan that provides for activities to be carried out to meet goals related to Lyme disease and other tick-borne diseases, including to: (1) develop a sensitive and definitive test for the diagnosis of Lyme disease capable of distinguishing active infection from past infection; (2) accurately determine the prevalence of Lyme disease and other tick-borne disorders in the United States; (3) provide and promote access to a comprehensive, up-to-date clearinghouse of peer-reviewed information on Lyme and other tick-borne diseases through the Director of the Agency for Healthcare Research and Quality (AHRQ); and (4) establish epidemiological research goals to determine the long term course of illnesses for Lyme disease. Directs the Secretary to request that the Institute of Medicine study chronic Lyme disease. Authorizes additional appropriations for research and educational activities and prevention efforts for Lyme and other tick-borne diseases. Requires the Secretary to establish the Tick-Borne Diseases Advisory Committee. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``California Desert and Mountain Heritage Act''. TITLE I--DESIGNATION AND EXPANSION OF WILDERNESS AREAS SEC. 101. DEFINITION OF SECRETARY. In this title, the term ``Secretary'' means-- (1) with respect to land under the jurisdiction of the Secretary of Agriculture, the Secretary of Agriculture; and (2) with respect to land under the jurisdiction of the Secretary of the Interior, the Secretary of the Interior. SEC. 102. DESIGNATION OF WILDERNESS, CLEVELAND AND SAN BERNARDINO NATIONAL FORESTS, JOSHUA TREE NATIONAL PARK, AND BUREAU OF LAND MANAGEMENT LAND IN RIVERSIDE COUNTY, CALIFORNIA. (a) Agua Tibia Wilderness Addition.--In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), certain land in the Cleveland National Forest and certain land administered by the Bureau of Land Management in Riverside County, California, together comprising approximately 1,950 acres, as generally depicted on the map entitled ``Agua Tibia Proposed Wilderness, Bureau of Land Management and Cleveland National Forest'' and dated _____, is designated as wilderness and is incorporated in, and shall be deemed to be a part of, the Agua Tibia Wilderness designated by section 2(a) of Public Law 93- 632 (88 Stat. 2154; 16 U.S.C. 1132 note). (b) Cahuilla Mountain Wilderness.--In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), certain land in the San Bernardino National Forest, California, comprising approximately 7,131 acres, as generally depicted on the map entitled ``Cahuilla Mountain Proposed Wilderness, San Bernardino National Forest'' and dated _____, is designated as wilderness and, therefore, as a component of the National Wilderness Preservation System, which shall be known as the ``Cahuilla Mountain Wilderness''. (c) South Fork San Jacinto Wilderness.--In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), certain land in the San Bernardino National Forest, California, comprising approximately 21,760 acres, as generally depicted on the map entitled ``South Fork San Jacinto Proposed Wilderness, San Bernardino National Forest'' and dated _____, is designated as wilderness and, therefore, as a component of the National Wilderness Preservation System, which shall be known as the ``South Fork San Jacinto Wilderness''. (d) Santa Rosa Wilderness Addition.--In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), certain land in the San Bernardino National Forest, California, comprising approximately 14 acres, as generally depicted on the map entitled ``Santa Rosa Proposed Wilderness Addition, San Bernardino National Forest'' and dated _____, is designated as wilderness and is incorporated in, and shall be deemed to be a part of, the Santa Rosa Wilderness designated by section 101(a)(28) of Public Law 98-425 (98 Stat. 1623; 16 U.S.C. 1132 note). (e) Beauty Mountain Wilderness.--In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), certain land administered by the Bureau of Land Management in Riverside County, California, comprising approximately 16,700 acres, as generally depicted on the map entitled ``Beauty Mountain Proposed Wilderness'' and dated _____, is designated as wilderness and, therefore, as a component of the National Wilderness Preservation System, which shall be known as the ``Beauty Mountain Wilderness''. (f) Joshua Tree National Park Wilderness Addition.--In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), certain land in Joshua Tree National Park, comprising approximately 37,050 acres, as generally depicted on the map entitled ``Joshua Tree National Park Proposed Wilderness Additions'' and dated _____, is designated as wilderness and is incorporated in, and shall be deemed to be a part of, the Joshua Tree Wilderness designated by section 1(g) of Public Law 94- 567 (90 Stat. 2692; 16 U.S.C. 1132 note). (g) Maps and Descriptions.-- (1) In general.--As soon as practicable after the date of the enactment of this Act, the Secretary shall file a map and legal description of each wilderness area and wilderness addition designated by this section with the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. (2) Force of law.--A map and legal description filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct errors in the map and legal description. (3) Public availability.--Each map and legal description filed under paragraph (1) shall be filed and made available for public inspection in the appropriate office of the Secretary. SEC. 103. JOSHUA TREE NATIONAL PARK POTENTIAL WILDERNESS. (a) Designation of Potential Wilderness.--Certain land in the Joshua Tree National Park, comprising approximately 41,100 acres, as generally depicted on the map entitled ``Joshua Tree National Park Potential Wilderness Addition'' and dated _____, is designated potential wilderness and shall be managed by the Secretary of the Interior insofar as practicable as wilderness until such time as the land is designated as wilderness pursuant to subsection (b). (b) Designation as Wilderness.--The land designated potential wilderness by subsection (a) shall be designated as wilderness and incorporated in, and be deemed to be a part of, the Joshua Tree Wilderness designated by section 1(g) of Public Law 94-567 (90 Stat. 2692; 16 U.S.C. 1132 note), effective upon publication by the Secretary of the Interior in the Federal Register of a notice that-- (1) all uses of the land within the potential wilderness prohibited by the Wilderness Act (16 U.S.C. 1131 et seq.) have ceased; or (2) sufficient inholdings within the boundaries of the potential wilderness have been acquired to establish a manageable wilderness unit. (c) Map and Description.-- (1) In general.--As soon as practicable after the date on which the notice required by subsection (b) is published in the Federal Register, the Secretary shall file a map and legal description of the land designated as wilderness and potential wilderness by this section with the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. (2) Force of law.--The map and legal description filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct errors in the map and legal description. (3) Public availability.--Each map and legal description filed under paragraph (1) shall be filed and made available for public inspection in the appropriate office of the Secretary. SEC. 104. ADMINISTRATION OF WILDERNESS. (a) Management.--Subject to valid existing rights, the land designated as wilderness or as a wilderness addition by this title shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that-- (1) any reference in that Act to the effective date of that Act shall be deemed to be a reference to-- (A) the date of the enactment of this Act; or (B) in the case of the wilderness addition designated by subsection (b) of section 103, the date on which the notice required by such subsection is published in the Federal Register; and (2) any reference in that Act to the Secretary of Agriculture shall be deemed to be a reference to the Secretary that has jurisdiction over the land. (b) Incorporation of Acquired Land and Interests.--Any land within the boundaries of a wilderness area or wilderness addition designated by this title that is acquired by the United States shall-- (1) become part of the wilderness area in which the land is located; and (2) be managed in accordance with this title, the Wilderness Act (16 U.S.C. 1131 et seq.), and any other applicable law. (c) Withdrawal.--Subject to valid rights in existence on the date of enactment of this Act, the land designated as wilderness by this title is withdrawn from all forms of-- (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. (d) Fire, Insect, and Disease Management Activities.--The Secretary may take such measures in a wilderness area or wilderness addition designated by this title as are necessary for the control and prevention of fire, insects, and diseases, in accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and House Report No. 98-40 of the 98th Congress. TITLE II--WILD AND SCENIC RIVER DESIGNATIONS SEC. 201. WILD AND SCENIC RIVER DESIGNATIONS, RIVERSIDE COUNTY, CALIFORNIA. (a) Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following new paragraphs: ``(_) North Fork San Jacinto River, California.--The following segments of the North Fork San Jacinto River in the State of California, to be administered by the Secretary of Agriculture: ``(A) The 2.12-mile segment from the source of the North Fork San Jacinto River at Deer Springs in Mt. San Jacinto State Park to the State Park boundary, as a wild river. ``(B) The 1.66-mile segment from the Mt. San Jacinto State Park boundary to the Lawler Park boundary in section 26, township 4 south, range 2 east, San Bernardino meridian, as a scenic river. ``(C) The 0.68-mile segment from the Lawler Park boundary to its confluence with Fuller Mill Creek, as a recreational river. ``(D) The 2.15-mile segment from its confluence with Fuller Mill Creek to .25 miles upstream of the 5S09 road crossing, as a wild river. ``(E) The 0.6-mile segment from .25 miles upstream of the 5S09 Road crossing to its confluence with Stone Creek, as a scenic river. ``(F) The 2.91-mile segment from the Stone Creek confluence to the northern boundary of section 17, township 5 south, range 2 east, San Bernardino meridian, as a wild river. ``(_) Fuller Mill Creek, California.--The following segments of Fuller Mill Creek in the State of California, to be administered by the Secretary of Agriculture: ``(A) The 1.2-mile segment from the source of Fuller Mill Creek in the San Jacinto Wilderness to the Pinewood property boundary in section 13, township 4 south, range 2 east, San Bernardino meridian, as a scenic river. ``(B) The 0.9-mile segment in the Pine Wood property, as a recreational river. ``(C) The 1.4-mile segment from the Pinewood property boundary in section 23, township 4 south, range 2 east, San Bernardino meridian, to its confluence with the North Fork San Jacinto River, as a scenic river. ``(_) Palm Canyon Creek, California.--The 8.1-mile segment of Palm Canyon Creek in the State of California from the southern boundary of section 6, township 7 south, range 5 east, San Bernardino meridian, to the San Bernardino National Forest boundary in section 1, township 6 south, range 4 east, San Bernardino meridian, to be administered by the Secretary of Agriculture as a wild river. ``(_) Bautista Creek, California.--The 9.8-mile segment of Bautista Creek in the State of California from the San Bernardino National Forest boundary in section 36, township 6 south, range 2 east, San Bernardino meridian, to the San Bernardino National Forest boundary in section 2, township 6 south, range 1 east, San Bernardino meridian, to be administered by the Secretary of Agriculture as a recreational river.''. TITLE III--BOUNDARY ADJUSTMENT SEC. 106. BOUNDARY ADJUSTMENT, SANTA ROSA AND SAN JACINTO MOUNTAINS NATIONAL MONUMENT. Section 2 of the Santa Rosa and San Jacinto Mountains National Monument Act of 2000 (Public Law 106-351; 114 U.S.C. 1362; 16 U.S.C. 431 note) is amended by adding at the end the following new subsection: ``(e) Expansion of Boundaries.--In addition to the land described in subsection (c), the lands identified as additions to the National Monument on the maps entitled `Santa Rosa and San Jacinto Mountains Addition, Santa Rosa Peak Area,' and `Santa Rosa and San Jacinto Mountains Addition, Snow Creek Area' and dated _____, are included within the boundaries of the National Monument.''. | California Desert and Mountain Heritage Act - Designates as wilderness: (1) certain Bureau of Land Management (BLM) lands in the Cleveland National Forest, to be part of the Agua Tibia Wilderness; (2) specified lands in the San Bernardino National Forest to be known as the Cahuilla Mountain Wilderness and the South Fork San Jacinto Wilderness and as part of the Santa Rosa Wilderness; (3) certain BLM land in Riverside County, California, to be known as the Beauty Mountain Wilderness; and (4) certain land in Joshua Tree National Park, to be part of the Joshua Tree Wilderness. Designates certain lands in the Joshua Tree National Park as potential wilderness. Requires the Secretary of the Interior to manage such land as wilderness until it is incorporated into the Joshua Tree Wilderness (effective when the Secretary publishes notice that all uses of the land prohibited by the Wilderness Act have ceased or that sufficient inholdings have been acquired to establish a manageable wilderness unit). Amends the Wild and Scenic Rivers Act to designate as wild, scenic, or recreational rivers specified segments of the North Fork San Jacinto River, Fuller Mill Creek, Palm Canyon Creek, and Bautista Creek in California. Amends the Santa Rosa and San Jacinto Mountains National Monument Act of 2000 to include additional lands within the boundaries of the Santa Rosa and San Jacinto Mountains National Monument. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Advancing Hope Act of 2016''. SEC. 2. REAUTHORIZATION OF PROGRAM FOR PRIORITY REVIEW TO ENCOURAGE TREATMENTS FOR RARE PEDIATRIC DISEASES. (a) In General.--Section 529 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360ff) is amended-- (1) in subsection (a)-- (A) in paragraph (3), by amending subparagraph (A) to read as follows: ``(A) The disease is a serious or life-threatening disease in which the serious or life-threatening manifestations primarily affect individuals aged from birth to 18 years, including age groups often called neonates, infants, children, and adolescents.''; and (B) in paragraph (4)(F), by striking ``Prescription Drug User Fee Amendments of 2012'' and inserting ``Advancing Hope Act of 2016''; (2) in subsection (b)-- (A) by striking paragraph (4) and inserting the following: ``(4) Notification.-- ``(A) Sponsor of a rare pediatric disease product.-- ``(i) In general.--Beginning on the date that is 90 days after the date of enactment of the Advancing Hope Act of 2016, the sponsor of a rare pediatric disease product application that intends to request a priority review voucher under this section shall notify the Secretary of such intent upon submission of the rare pediatric disease product application that is the basis of the request for a priority review voucher. ``(ii) Applications submitted but not yet approved.-- The sponsor of a rare pediatric disease product application that was submitted and that has not been approved as of the date of enactment of the Advancing Hope Act of 2016 shall be considered eligible for a priority review voucher, if-- ``(I) such sponsor has submitted such rare pediatric disease product application-- ``(aa) on or after the date that is 90 days after the date of enactment of the Prescription Drug User Fee Amendments of 2012; and ``(bb) on or before the date of enactment of the Advancing Hope Act of 2016; and ``(II) such application otherwise meets the criteria for a priority review voucher under this section. ``(B) Sponsor of a drug application using a priority review voucher.-- ``(i) In general.--The sponsor of a human drug application shall notify the Secretary not later than 90 days prior to submission of the human drug application that is the subject of a priority review voucher of an intent to submit the human drug application, including the date on which the sponsor intends to submit the application. Such notification shall be a legally binding commitment to pay the user fee to be assessed in accordance with this section. ``(ii) Transfer after notice.--The sponsor of a human drug application that provides notification of the intent of such sponsor to use the voucher for the human drug application under clause (i) may transfer the voucher after such notification is provided, if such sponsor has not yet submitted the human drug application described in the notification.''; and (B) by striking paragraph (5) and inserting the following: ``(5) Termination of authority.--The Secretary may not award any priority review vouchers under paragraph (1) after December 31, 2016.''; and (3) in subsection (g), by inserting before the period ``, except that no sponsor of a rare pediatric disease product application may receive more than one priority review voucher issued under any section of this Act with respect to the drug for which the application is made.'' (b) Rule of Construction.--Nothing in this Act, or the amendments made by this Act, shall be construed to affect the validity of a priority review voucher that was issued under section 529 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360ff) before the date of enactment of this Act. SEC. 3. GAO REPORT. (a) Study.--The Comptroller General of the United States shall conduct a study on the effectiveness of awarding priority review vouchers under section 529 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360ff) in providing incentives for the development of drugs that treat or prevent rare pediatric diseases (as defined in subsection (a)(3) of such section) that would not otherwise have been developed. In conducting such study, the Comptroller General shall examine the following: (1) The indications for which each drug for which a priority review voucher was awarded under such section 529 was approved under section 505(b)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(b)(1)) or section 351(a) of the Public Health Service Act (42 U.S.C. 262(a)). (2) Whether the priority review voucher impacted sponsors' decisions to invest in developing a drug to treat or prevent a rare pediatric disease. (3) An analysis of the drugs for which such priority review vouchers were used, which shall include-- (A) the indications for which such drugs were approved under section 505(b)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(b)(1)) or section 351(a) of the Public Health Service Act (42 U.S.C. 262(a)); (B) whether unmet medical needs were addressed through the approval of such drugs, including, for each such drug-- (i) if an alternative therapy was previously available to treat the indication; and (ii) if the drug provided a benefit or advantage over another available therapy; (C) the number of patients potentially treated by such drugs; (D) the value of the priority review voucher if transferred; and (E) the length of time between the date on which a priority review voucher was awarded and the date on which it was used. (4) With respect to the priority review voucher program under section 529 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360ff)-- (A) the resources used by the Food and Drug Administration in implementing such program, including the effect of such program on the Food and Drug Administration's review of drugs for which a priority review voucher was not awarded or used; (B) the impact of the program on the public health as a result of the review and approval of drugs that received a priority review voucher and products that were the subject of a redeemed priority review voucher; and (C) alternative approaches to improving such program so that the program is appropriately targeted toward providing incentives for the development of clinically important drugs that-- (i) prevent or treat rare pediatric diseases; and (ii) would likely not otherwise have been developed to prevent or treat such diseases. (b) Report.--Not later than January 31, 2022, the Comptroller General of the United States shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report containing the results of the study of conducted under subsection (a). Speaker of the House of Representatives. Vice President of the United States and President of the Senate. | (This measure has not been amended since it was passed by the Senate on September 22, 2016. Advancing Hope Act of 2016 (Sec. 2) This bill amends the Federal Food, Drug, and Cosmetic Act to revise the priority review voucher program for rare pediatric disease medications. (A priority review voucher is a transferable voucher that entitles the holder to have a new drug or biological product application acted upon by the Food and Drug Administration (FDA) within six months.) The program is restricted to treatments for serious diseases and is terminated at the end of 2016. Beginning 90 days after enactment of the bill, a medication sponsor who intends to request a voucher for a rare pediatric disease medication must notify the FDA of that intent upon submission of the application for the medication. The bill applies to applications submitted to the FDA before enactment of the bill that have not been approved. Applications submitted before October 7, 2012, are not eligible for a voucher. A voucher may not be issued for a rare pediatric disease product if a voucher was already issued for the medication under another program. (Sec. 3) The Government Accountability Office must study the effectiveness of awarding priority review vouchers as an incentive for the development of medications for rare pediatric diseases that would not otherwise have been developed. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Vehicle Damage Disclosure and Consumer Protection Act of 1993''. SEC. 2. PURPOSE. Section 401 of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 1981) is amended by inserting after the second sentence the following new sentences: ``It is also the purpose of this title to protect purchasers with respect to motor vehicles for which States have previously issued a title brand indicating prior damage. It is further the purpose of this title to protect purchasers with respect to motor vehicles which have been repurchased, replaced, or reacquired under a State lemon law.''. SEC. 3. DEFINITIONS. Section 402 of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 1982) is amended by adding at the end the following new paragraphs: ``(9) The term `manufacturer buyback vehicle' means a motor vehicle that has been repurchased, replaced, or reacquired pursuant to a State lemon law. ``(10) The term `State lemon law' means a State law requiring that a motor vehicle manufacturer, distributor, or dealer repurchase, replace, or reacquire a new motor vehicle due to a nonconformity in materials or workmanship that renders the vehicle unfit for ordinary use or reasonably intended purposes.''. SEC. 4. DISCLOSURE REQUIREMENTS UPON TRANSFER OF OWNERSHIP OF A MOTOR VEHICLE. Section 408 of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 1988) is amended by adding at the end the following new subsection: ``(h)(1) Any motor vehicle the ownership of which is transferred may not be licensed for use in any State unless the State discloses on the title whether records readily accessible to it indicate-- ``(A) whether the vehicle was previously issued a title that bore any word or symbol signifying that the vehicle was `salvage', `junk', `reconstructed', or `rebuilt', that it has been damaged by flood, or that it was a manufacturer buyback vehicle, and ``(B) if it was issued such a title, which State first issued such a title. ``(2) The Secretary shall-- ``(A) not later than 90 days after the date of enactment of the Vehicle Damage Disclosure and Consumer Protection Act of 1993, prescribe by rule the manner in which, and the date by which, a State shall disclose the information described in paragraph (1)(A) and the manner in which such information shall be retained. ``(B) not later than 12 months after such date of enactment, in consultation with the task force established under section 140(a) of the Anti Car Theft Act of 1992 (15 U.S.C. 2041 note), prescribe by rule uniform minimum standards and procedures relating to the disclosure by a State on a vehicle certificate of title that a vehicle has sustained severe damage, ``(C) study and develop recommendations (in consultation, to the extent practicable, with the task force described in subparagraph (B)) concerning whether, in order to maximize consumer protection, a disclosure of the dollar value of damage to a motor vehicle should be included on all of its certificates of title, at times of title transfer, in any case in which the motor vehicle has neither been declared a total loss by an insurer or vehicle owner nor had its title branded with any word or symbol signifying that the vehicle was `salvage', `junk', `reconstructed', or `rebuilt' or that it was damaged by flood, and ``(D) not later than 12 months after the date of enactment of the Vehicle Damage Disclosure and Consumer Protection Act of 1993, prescribe by rule the minimum requirements of form and content for State certificates of title.''. SEC. 5. DISCLOSURE OF MANUFACTURER BUYBACK VEHICLES. (a) Study.--The Secretary of Transportation shall conduct a study of the various means that may be required by Federal law for disclosing to prospective purchasers that a motor vehicle is a manufacturer buyback vehicle. The study shall include a consideration of the advantages and disadvantages of each alternative, taking into account the cost to the vehicle manufacturer, distributor, or dealer of complying with such requirement and the effectiveness of the requirement in informing purchasers. (b) Means for Disclosure.--Among the means for disclosure that shall be the subject of the study required by this section are the following: (1) A national uniform sticker, affixed to the windshield of a motor vehicle prior to a purchaser's agreement to purchase the vehicle, that States that the vehicle is a manufacturer buyback vehicle. (2) A national uniform consumer disclosure statement, provided to any prospective purchaser before the purchase agreement occurs, that-- (A) includes the motor vehicle make, model, year, vehicle identification number, and any prior title numbers and prior States of title; and (B) discloses that the motor vehicle is (according to records available to the State issuing the certificate of title, including records from any State in which a certificate of title has previously been issued for such motor vehicle) a manufacturer buyback vehicle. (c) Report to Congress.--The Secretary of Transportation shall, not later than 6 months after the date of enactment of this Act, report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives on the results of the study required by this section. (d) Definitions.--The terms ``manufacturer buyback vehicle'', ``dealer'', and ``distributor'' have the meanings those terms have under section 402 of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 1988), as amended by this Act. Passed the Senate November 20 (legislative day, November 2), 1993. Attest: WALTER J. STEWART, Secretary. | Vehicle Damage Disclosure and Consumer Protection Act of 1993 - Amends the Motor Vehicle Information and Cost Savings Act to prohibit a State from licensing a motor vehicle upon the transfer of its ownership unless the title discloses: (1) whether the vehicle was previously issued a title indicating the car had been "rebuilt" or was "salvage" or "junk," was a manufacturer buyback vehicle, or had sustained flood damage; and (2) the State which issued the previous title. Directs the Secretary of Transportation to study the various means that may be required by Federal law for disclosing to purchasers that a motor vehicle is a manufacturer buyback vehicle. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Unemployment Compensation Amendments of 1993''. SEC. 2. EXTENSION OF EMERGENCY UNEMPLOYMENT COMPENSATION PROGRAM. (a) General Rule.--Sections 102(f)(1) and 106(a)(2) of the Emergency Unemployment Compensation Act of 1991 (Public Law 102-164, as amended) are each amended by striking ``October 2, 1993'' and inserting ``February 5, 1994''. (b) Weeks of Benefits Available During Extension.-- (1) Subparagraph (A) of section 102(b)(2) of such Act is amended-- (A) by redesignating clause (vi) as clause (vii), (B) by inserting after clause (v) the following new clause: ``(vi) Reduction of weeks after october 2, 1993.--In the case of weeks beginning after October 2, 1993-- ``(I) clause (i) of this subparagraph shall be applied by substituting `13' for `33' and by substituting `7' for `26', ``(II) clauses (ii), (iii), (iv), and (v) of this subparagraph shall not apply, and ``(III) subparagraph A of paragraph (1) shall be applied by substituting `50 percent' for `130 percent'.'', and (C) by striking ``or (iv)'' in clause (vii) (as redesignated by subparagraph (A)) and inserting ``(iv), or (vi)''. (2) Subparagraph (B) of section 102(b)(2) of such Act is amended by striking ``and (iv)'' and inserting ``(iv) and (vi)''. (c) Modification of Final Phase-Out.--Paragraph (2) of section 102(f) of such Act is amended-- (1) by striking ``October 2, 1993'' and inserting ``February 5, 1994'', and (2) by striking ``January 15, 1994'' and inserting ``April 30, 1994''. (d) Conforming Amendments.--Section 101(e) of such Act is amended-- (1) by striking ``October 2, 1993'' each place it appears in paragraph (1) and inserting ``February 5, 1994'', and (2) by striking ``(and is not triggered off under paragraph (1))'' in paragraph (2) and inserting ``after February 5, 1994,''. (e) Effective Date.--The amendments made by this section shall apply to weeks of unemployment beginning after October 2, 1993. SEC. 3. MODIFICATION TO ELIGIBILITY REQUIREMENTS FOR EMERGENCY UNEMPLOYMENT COMPENSATION. (a) Repeal of Disregard of Rights to Regular Compensation.-- Subsection (f) of section 101 of the Emergency Unemployment Compensation Act of 1991 (Public Law 102-164, as amended) is hereby repealed. (b) Effective Date.--The repeal made by subsection (a) shall apply to weeks of unemployment beginning after the date of the enactment of this Act; except that such repeal shall not apply in determining eligibility for emergency unemployment compensation from an account established before October 2, 1993. SEC. 4. WORKER PROFILING. (a) In General.-- (1) Establishment of profiling system.--Section 303 of the Social Security Act is amended by adding at the end thereof the following new subsection: ``(j)(1) The State agency charged with the administration of the State law shall establish and utilize a system of profiling all new claimants for regular compensation that-- ``(A) identifies which claimants will be likely to exhaust regular compensation and will need job search assistance services to make a successful transition to new employment; ``(B) refers claimants identified pursuant to subparagraph (A) to reemployment services, such as job search assistance services, available under any State or Federal law; ``(C) collects follow-up information relating to the services received by such claimants and the employment outcomes for such claimants subsequent to receiving such services and utilizes such information in making identifications pursuant to subparagraph (A); and ``(D) meets such other requirements as the Secretary of Labor determines are appropriate. ``(2) Whenever the Secretary of Labor, after reasonable notice and opportunity for hearing to the State agency charged with the administration of the State law, finds that there is a failure to comply substantially with the requirements of paragraph (1), the Secretary of Labor shall notify such State agency that further payments will not be made to the State until he is satisfied that there is no longer any such failure. Until the Secretary of Labor is so satisfied, he shall make no further certification to the Secretary of the Treasury with respect to such State.''. (2) Conforming amendment.--Section 304(a)(2) of the Social Security Act is amended by striking ``or (i)'' and inserting ``(i), or (j)''. (b) Participation Requirement.--Section 303(a) of the Social Security Act is amended-- (1) by striking the period at the end of paragraph (9) and inserting ``; and'', and (2) by adding at the end thereof the following new paragraph: ``(10) A requirement that, as a condition of eligibility for regular compensation for any week, any claimant who has been referred to reemployment services pursuant to the profiling system under subsection (j)(1)(B) participate in such services or in similar services unless the State agency charged with the administration of the State law determines-- ``(A) such claimant has completed such services; or ``(B) there is justifiable cause for such claimant's failure to participate in such services.''. (c) Technical Assistance.--The Secretary of Labor shall provide technical assistance and advice to assist the States in implementing the profiling system required under the amendments made by subsection (a). Such assistance shall include the development and identification of model profiling systems. (d) Report to Congress.--Not later than the date 3 years after the date of enactment of this Act, the Secretary of Labor shall report to the Congress on the operation and effectiveness of the profiling system required under the amendments made by subsection (a) and the participation requirement provided by the amendments made under subsection (b). Such report shall include such recommendations as the Secretary of Labor determines are appropriate. (e) Conforming Amendment.--Section 4 of the Emergency Unemployment Compensation Amendments of 1993 (Public Law 103-6) is hereby repealed. (f) Effective Dates.-- (1) The amendments made by subsections (a) and (b) shall take effect on the date one year after the date of the enactment of this Act. (2) The provisions of subsections (c), (d), and (e) shall take effect on the date of enactment of this Act. SEC. 5. TECHNICAL AMENDMENT TO UNEMPLOYMENT TRUST FUND. Paragraph (1) of section 905(b) of the Social Security Act is amended to read as follows: ``(b)(1) Except as provided in paragraph (3), the Secretary of the Treasury shall transfer (as of the close of each month) from the employment security administration account to the extended unemployment compensation account established by subsection (a), an amount (determined by such Secretary) equal to 20 percent of the amount by which-- ``(A) the transfers to the employment security administration account pursuant to section 901(b)(2) during such month, exceed ``(B) the payments during such month from the employment security administration account pursuant to section 901 (b)(3) and (d). If for any such month the payments referred to in subparagraph (B) exceed the transfers referred to in subparagraph (A), proper adjustments shall be made in the amounts subsequently transferred.'' SEC. 6. EXTENSION OF REPORTING DATE FOR ADVISORY COUNCIL. Section 908(f) of the Social Security Act is amended-- (1) in paragraph (1), by striking ``2d year'' and inserting ``third year''; and (2) in paragraph (2), by striking ``February 1, 1994'' and inserting ``February 1, 1995''. SEC. 7. TEMPORARY INCREASE IN SPONSORSHIP PERIOD FOR ALIENS UNDER THE SUPPLEMENTAL SECURITY INCOME PROGRAM. (a) Increase in Sponsorship Period.-- (1) In general.--Section 1621 of the Social Security Act (42 U.S.C. 1382j) is amended by striking ``three years'' each place such term appears and inserting ``5 years''. (2) Effective date.--The amendments made by paragraph (1) shall take effect on January 1, 1994. (b) Reinstatement of Prior Law.-- (1) In general.--Section 1621 of the Social Security Act (42 U.S.C. 1382j), as amended by subsection (a)(1) of this section, is amended by striking ``5 years'' each place such term appears and inserting ``3 years''. (2) Effective date.--The amendments made by paragraph (1) shall take effect on October 1, 1996. SEC. 8. TREATMENT OF RAILROAD WORKERS. (a) Extension of Program.-- (1) In general.--Paragraphs (1) and (2) of section 501(b) of the Emergency Unemployment Compensation Act of 1991 (Public Law 102-164, as amended) are each amended by striking ``October 2, 1993'' and inserting ``January 1, 1994''. (2) Conforming amendment.--Section 501(a) of such Act is amended by striking ``October 1993'' and inserting ``January 1994''. (b) Length of Benefits During Period of Extension.--Section 501(d)(2)(B)(ii) of such Act is amended by striking ``on and after the date on which a reduction in benefits is imposed under section 102(b)(2)(A)(iv)'' and inserting ``after October 2, 1993''. (c) Termination of Benefits.--Section 501(e) of such Act is amended-- (1) by striking ``October 2, 1993'' and inserting ``January 1, 1994'', and (2) by striking ``January 15, 1994'' and inserting ``March 26, 1994''. SEC. 9. EFFECTIVE DATES. (a) Repeal of Disregard of Rights to Regular Compensation.-- Notwithstanding the provisions of section 3(b) of this Act, the repeal made by section 3(a) of this Act shall apply to weeks of unemployment beginning after October 2, 1993, except that such repeal shall not apply in determining eligibility for emergency unemployment compensation from an account established before October 3, 1993. (b) Railroad Workers.-- (1) In general.--Paragraphs (1) and (2) of section 501(b) of the Emergency Unemployment Compensation Act of 1991 (Public Law 102-164, as amended), as amended by section 8(a)(1) of this Act, are each amended by striking ``January 1, 1994'' and inserting ``February 5, 1994''. (2) Conforming amendment.--Section 501(a) of such Emergency Unemployment Compensation Act of 1991, as amended by section 8(a)(2) of this Act, is amended by striking ``January 1994'' and inserting ``February 1994''. (3) Termination of benefits.--Section 501(e) of such Emergency Unemployment Compensation Act of 1991, as amended by section 8(c) of this Act, is amended-- (A) by striking ``January 1, 1994'' and inserting ``February 5, 1994'', and (B) by striking ``March 26, 1994'' and inserting ``April 30, 1994''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate. | Unemployment Compensation Amendments of 1993 - Amends the Emergency Unemployment Compensation Act of 1991 to extend to February 5, 1994, the authorization for new claims for benefits under the emergency unemployment compensation (EUC) program. Reduces the number of benefit weeks available during such extended period after October 2, 1993, to seven or 13, as applicable. Modifies the final phase-out period for continuation of claims. Repeals provisions which allow certain claimants who have exhausted benefits to choose EUC benefits in lieu of regular State benefits at the beginning of a new benefit year. Amends the Social Security Act to require the State agency administering the State unemployment law to establish and use a system of worker profiling of all new claimants for regular compensation to: (1) identify which claimants will be likely to exhaust regular compensation and will need job search assistance services; (2) refer identified claimants to reemployment services available under State or Federal law; and (3) collect follow-up information on such services and employment outcomes. Directs the Secretary of Labor to report to the Congress on such profiling system. Makes a technical amendment to Unemployment Trust Fund provisions. Extends a reporting date for an advisory council on unemployment compensation. Provides for a temporary increase in the sponsorship period for aliens under the supplemental security income program. Provides for an extension of the program of emergency unemployment compensation benefits for railroad workers. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Better Nutrition for School Children Act of 2001''. SEC. 2. FOODS OF MINIMAL NUTRITIONAL VALUE. (a) In General.--Section 10 of the Child Nutrition Act of 1966 (42 U.S.C. 1779) is amended-- (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following: ``(c) Foods of Minimal Nutritional Value.-- ``(1) Availability of foods of minimal nutritional value during time of service of food.--The regulations shall prohibit the sale, donation, or service without charge of foods of minimal nutritional value on school grounds during the time of service of food under the school breakfast program under section 4 or the school lunch program under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.). ``(2) Availability of foods of minimal nutritional value during the covered period.-- ``(A) Definition of covered period.--In this paragraph, the term `covered period' means the period of a school day before the service of lunch under the school lunch program under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.), other than the period of food service under section 4. ``(B) Review and regulations.--Not later than 18 months after the date of enactment of this paragraph, the Secretary shall-- ``(i) review the Federal, State, and local laws (including regulations), policies, and practices relating to the sale, donation, or service without charge of foods of minimal nutritional value during the covered period on school grounds; and ``(ii) taking into account the results of the review, promulgate final regulations relating to the sale, donation, or service without charge of foods of minimal nutritional value during the covered period on school grounds. ``(C) Options.--In promulgating regulations under subparagraph (B)(ii), the Secretary shall establish such requirements as the Secretary determines are appropriate, which may include-- ``(i) prohibiting the sale, donation, or service without charge of foods of minimal nutritional value during the covered period on all or part of school grounds; or ``(ii) permitting States and local school authorities to prohibit the sale, donation, or service without charge of foods of minimal nutritional value during the covered period on all or part of school grounds. ``(D) Basis.--The Secretary shall evaluate the results of the review and promulgate the regulations required under subparagraph (B) based on sound nutritional science, as determined by the Secretary. ``(E) Factors.--In conducting the review and promulgating the regulations required under subparagraph (B), the Secretary shall consider-- ``(i) the nutritional needs of students in various grade levels; ``(ii) the proximity of any area where foods of minimal nutritional value may be sold, donated, or served without charge to the food service facilities or areas; ``(iii) the extent to which students will likely substitute consumption of foods of minimal nutritional value for other food served in participating schools under this Act and the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); and ``(iv) the benefits to a school of permitting the sale, donation, or service without charge of foods of minimal nutritional value.''. (b) Regulations.-- (1) In general.--Not later than 18 months after the date of enactment of this Act, the Secretary of Agriculture shall promulgate such regulations as are necessary to implement the amendments made by this section. (2) Procedure.--The promulgation of the regulations and the administration of the amendments made by this section shall be made without regard to chapter 35 of title 44, United States Code (commonly known as the ``Paperwork Reduction Act''). (3) Congressional review of agency rulemaking.--In carrying out this subsection, the Secretary shall use the authority provided under section 808 of title 5, United States Code. | Better Nutrition for School Children Act of 2001 - Amends the Child Nutrition Act of 1966 (CNA) to prohibit the sale, donation, or service without charge of foods of minimal nutritional value on school grounds during the time of service under the school breakfast program under CNA or the school lunch program the Richard B. Russell National School Lunch Act.Directs the Secretary of Agriculture to: (1) review Federal, State, and local laws, policies, and practices relating to the sale, donation, or service without charge of foods of minimal nutritional value on school grounds during a covered period of the school day before service under the school lunch program (excluding the time of school breakfast program service); and (2) taking specified factors into consideration, promulgate related regulations, which may include Federal (or allowance of State or local) prohibition against provision of such foods during such covered period on all or part of school grounds. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Hazardous Waste Facilities Public Accountability Act of 1996''. SEC. 2. FACILITY SITING STANDARDS. Section 3004(o)(7) of the Solid Waste Disposal Act (42 U.S.C. 6924(o)(7)) is amended to read as follows: ``(7)(A) The Administrator shall not authorize a State program unless, within 12 months after the date of the enactment of the Hazardous Waste Facilities Public Accountability Act of 1996, the State promulgates standards for the acceptable location of new treatment, storage, and disposal facilities, and the expansion of treatment, storage, and disposal facilities, as may be necessary to protect human health and the environment. The standards shall include requirements related to adverse geologic settings such as flood plains and seismic impact zones; unstable terrain such as karst terrain; ecological resources such as wetlands and wildlife habitat; proximity to residences, schools, hospitals, churches and synagogues; complex hydrogeology; and vulnerable significant ground water resources. If a State does not promulgate such siting standards sufficient to protect human health and the environment, the Administrator shall promulgate such standards with respect to the State. ``(B) For purposes of this paragraph, the term `complex hydrogeology' means an area where 1 or more of the following activities cannot be performed fully and adequately: ``(i) Sufficient ground water characterization to determine ground water and surface water flow and ascertain upgradient and downgradient directions. ``(ii) The installation of a ground water monitoring network which will detect releases into ground water from a monitored unit at the earliest opportunity. ``(iii) Characterization of the nature and extent of potential releases from a monitored unit. ``(iv) Determination of what corrective actions are appropriate in response to a release, and conducting the corrective actions that may be required.''. SEC. 3. PERMIT FEES. Section 3006 of the Solid Waste Disposal Act (42 U.S.C. 6926) is amended by adding at the end the following: ``(i) State Program Support.--(1) Within 12 months after the date of the enactment of this subsection, the Administrator shall promulgate regulations requiring that the owner or operator of any facility required to obtain an operating or post-closure permit under this subtitle pay an annual fee, or the equivalent over some other period, sufficient to cover all reasonable (direct and indirect) costs required to develop and administer the permit program requirements of this title, including the reasonable costs of each of the following: ``(A) Reviewing and acting upon any application for such a permit. ``(B) Implementing and enforcing the terms and conditions of any such permit, including corrective action terms and conditions (but not including any court costs associated with any enforcement action). ``(C) Waste sampling, analyses, demonstrations, and environmental monitoring. ``(D) Preparing generally applicable regulations or guidance. ``(E) Implementing and enforcing interim status requirements, including corrective action orders (but not including any court costs associated with any enforcement action). ``(2) The Administrator shall not authorize a State program under this section, or allow a State program to retain authorization under this section, unless the State demonstrates that it will collect, in the aggregate, a dollar amount that the Administrator determines, after notice and opportunity for public comment, adequately reflects the reasonable costs of the permit program. ``(3) At least every 2 years the Administrator shall review each authorized State program to determine whether the program is in compliance with this subsection. The Administrator shall publish such determination in the Federal Register, after notice and opportunity for public comment. ``(4) If the Administrator determines, pursuant to paragraph (2), that the fee provisions of a State program do not meet the requirements of this subsection, or if the Administrator determines that the State is not adequately administering or enforcing an approved program, the Administrator may, in addition to taking any other action authorized under this subtitle, collect reasonable fees from the owner or operator of the facilities identified in paragraph (1). The fees shall be designed solely to cover the Administrator's costs of administering the provisions of the permit program promulgated by the Administrator. ``(5) In addition to any penalties that may be imposed under other law, any owner or operator that fails to pay fees imposed by the Administrator under paragraph (4), within a reasonable time to be determined by the Administrator, shall pay a penalty of 50 percent of the fee amount to the Administrator, plus interest on the fee amount computed in accordance with section 6621(a)(2) of the Internal Revenue Code of 1986 (relating to computation of interest on underpayment of Federal taxes). ``(6) To carry out activities of the Administrator for which fees are collected under this subsection, an amount equal to the total amount of any fees, penalties, and interest collected by the Administrator during any fiscal year under this subsection is authorized to be appropriated to the Administrator. Any amounts appropriated pursuant to this paragraph are authorized to remain available until expended. ``(7) In imposing fees on facilities under this subsection, the Administrator may take into account the size and complexity of the facilities, and other relevant factors.''. SEC. 4. QUALIFICATIONS OF PERMITTEES. Section 3005 of the Solid Waste Disposal Act (42 U.S.C. 6925) is amended by adding at the end the following: ``(k) Qualifications of Permittees.--A person may not obtain a permit for any facility under this title or renew any such permit, obtain authorization to expand the facility, or transfer ownership of the facility to any other person, unless the person demonstrates the following with respect to the person, any firm engaged to operate the facility, the parent firm of the person and any firm engaged to operate the facility, and any firms controlled by the parent firm or the operating firm of the person: ``(1) Each such entity is in compliance with Federal and State environmental and public health statutes and regulations. ``(2) Each such entity has paid all outstanding fines or penalties imposed on the entity for violations of such statutes and regulations. ``(3) Each such entity has made available a disclosure statement to the public at the site, and at local public libraries in the jurisdiction where the facility would be sited if a permit were obtained. The disclosure statement shall include the following items of formation with respect to the entity: ``(A) A list of each conviction for fraud or any criminal offense during the immediately preceding 10 years in connection with obtaining or attempting to obtain a contract. ``(B) A list of each conviction for a violation of a State or Federal antitrust law during the immediately preceding 10 years, including convictions relating to unlawful price-fixing, allocation of customers among competitors, and bid-rigging. ``(C) A list of each citation during the immediately preceding 5 years for a permit violation under a Federal, State, or local environmental statute. ``(D) A list of each citation during the immediately preceding 5 years for failure to conduct proper cleanup, reclamation, or closure of a site or forfeiture of a bond for such a failure.''. | Hazardous Waste Facilities Public Accountability Act of 1996 - Amends the Solid Waste Disposal Act to: (1) prohibit the Administrator of the Environmental Protection Agency from authorizing a State hazardous waste program unless the State promulgates standards for the acceptable location of new (or expansion of existing) treatment, storage, and disposal facilities as may be necessary to protect human health and the environment, including standards related to seismic and geological features, ecological resources, proximity to residences and certain public facilities, complex hydrogeology, and groundwater resources; and (2) require the Administrator to promulgate such standards with respect to the State if the State does not do so. Directs the Administrator to promulgate regulations setting requirements for the payment of permit fees by owners and operators of hazardous waste facilities sufficient to cover reasonable costs of administering the permit program. Prohibits authorization of a State program unless the State demonstrates that it will collect such amounts. Requires regular review of programs for compliance with these requirements and allows the Administrator to collect fees directly from owners and operators in the event the State does not adequately do so. Imposes penalties for fee nonpayment. Prohibits a person from obtaining or renewing a permit for a facility or expanding or transferring the facility unless the person makes certain demonstrations regarding environmental and public health law compliance, payment of outstanding fines or penalties, and the availability to the public of a disclosure statement concerning previous violations of law. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Transit Authority Pilot Procurement Authorization Act of 2001''. SEC. 2. DEFINITIONS. (a) Heavy-Duty Transit Bus.--The term ``heavy-duty transit bus'' has the same meaning given that term in the American Public Transportation Association Standard Procurement Guideline Specifications, dated March 25, 1999 and July 3, 2001, and as contained in the General Services Administration Solicitation FFAH-B1-002272-N. (b) Intercity Coach.--The term ``intercity coach'' has the meaning given that term in the General Services Administration Solicitation FFAH-B1-002272-N, section 1-4B, Amendment number 2, dated June 6, 2000. SEC. 3. PILOT PROGRAM FOR SALE TO PUBLIC TRANSIT AUTHORITIES. (a) In General.--The Federal Transit Administration of the Department of Transportation shall carry out a pilot program to facilitate and accelerate the procurement of heavy-duty transit buses and intercity coaches by State, local, and regional transportation authorities that are recipients of Federal Transit Administration assistance or grants where Federal funds provide the majority of the funding for the bus procurement, through existing or new or modified contracts with the General Services Administration. The transit authorities shall obtain Federal Transit Administration approval prior to placement of orders. (b) Reopening of Solicitation for Heavy-Duty Transit and Intercity Coaches.--Notwithstanding any other provision of law or Federal regulation, the General Services Administration Solicitation FFAH-B1- 002272-N shall be reopened to all qualified heavy-duty transit bus and intercity coach manufacturing companies to bid for contracts to sell such buses and coaches to State, local, and regional transportation authorities that are recipients of Federal Transit Administration assistance or grants where Federal funds provide the majority of the funding for the bus procurement. (c) Modifications of Existing GSA Contracts.--Notwithstanding any other provision of law or Federal regulation, heavy-duty transit bus manufacturing companies and intercity coach manufacturing companies who have existing contracts awarded by the General Services Administration under Solicitation FFAH-B1-002272-N prior to the date of enactment of this Act, shall be allowed to modify or restructure their bids incorporated in such contracts to respond to prospective sales of heavy-duty transit buses and intercity coaches to State, local, and regional transportation authorities that are recipients of Federal Transit Administration assistance or grants where Federal funds provide the majority of the funding for the bus procurement. (d) Authority To Purchase From Existing and New Contracts.-- Notwithstanding any other provision of law or Federal regulation, State, local, and regional transportation authorities that are recipients of Federal Transit Administration assistance or grants where Federal funds provide the majority of the funding for the bus procurement are authorized to purchase heavy-duty transit buses and intercity coaches from-- (1) existing contracts; (2) existing contracts as modified pursuant to subsection (c); and (3) new contracts awarded by the General Services Administration under the original or reopened Solicitation FFAH-B1-002272-N. (e) Termination.--The pilot program carried out under this Act shall terminate on December 31, 2006. SEC. 4. ESTABLISHMENT OF MULTIPLE AWARD SCHEDULE BY GSA. Not later than December 31, 2003, the General Services Administration, with assistance from and consultation with, the Federal Transit Administration, shall establish and publish a multiple award schedule for heavy-duty transit buses and intercity coaches which shall permit Federal agencies and State, regional, or local transportation authorities that are recipients of Federal Transit Administration assistance or grants where Federal funds provide the majority of the funding for the bus procurement, or other ordering entities, to acquire heavy-duty transit buses and intercity motor coaches under those schedules. SEC. 5. REPORTING REQUIREMENTS. (a) In General.--The Administrator of the Federal Transit Administration and the Administrator of General Services shall submit a joint report quarterly, in writing, to the Committee on Banking, Housing, and Urban Affairs of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives. (b) Contents.--The report required to be submitted under subsection (a) shall describe, with specificity-- (1) all measures being taken to accelerate the processes authorized under this Act, including estimates on the effect of this Act on job retention in the bus and intercity coach manufacturing industry; (2) job creation in the bus and intercity coach manufacturing industry as a result of the authorities provided under this Act; and (3) bus and intercity coach manufacturing economic growth in those States and localities that have participated in the pilot program to be carried out under this Act. SEC. 6. COMPLIANCE WITH OTHER LAW. Except as otherwise specifically provided in this Act, this Act shall be carried out in accordance with all applicable Federal transit laws and requirements. | Public Transit Authority Pilot Procurement Authorization Act of 2001 - Directs the Federal Transit Administration (FTA) of the Department of Transportation to carry out a pilot program to facilitate and accelerate procurement of certain buses by State, local, and regional authorities in cases where Federal funds form the majority of the funding for the procurement.Directs the General Services Administration (GSA) to reopen bids for companies to supply such vehicles to relevant State, local, and regional authorities. Directs that not later than December 31, 2003, the GSA and the FTA shall publish a multiple award schedule which shall allow affected State, local, and regional authorities, Federal agencies or other ordering entities to acquire such vehicles. |
SECTION 1. FINDINGS. Congress finds the following: (1) On November 4, 1979, the Iranian militants seized the United States Embassy in Tehran, Iran, and held 52 Americans hostage for 444 days until their negotiated release on January 20, 1981. (2) On January 19, 1981, the Department of State entered into a series of agreements with Iran that came to be known as the Algiers Accords. The accords established the United States- Iran Claims Tribunal to adjudicate United States and Iranian commercial claims. The Accords, however, sought to preclude the 52 American hostages or their families from bringing suit against Iran for their seizure, detention, torture, and injuries. (3) On December 29, 2000, the 52 American hostages and their spouses and children filed suit in the United States District Court for the District of Columbia, pursuant to the Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104-132). (4) On August 6, 2001, the District Court entered a default judgment against Iran after certifying the case as a class action. (5) The Department of State moved to vacate the decision of the District Court, despite Iran's continued refusal to appear in court. (6) In response to the motion to vacate by the Department of State, Congress amended the Antiterrorism and Effective Death Penalty Act of 1996 by adding language to allow the claim of the hostages to proceed to judgment. The accompanying Conference Report specifically stated that the amendment ``quashes the State Department's motion to vacate the judgment obtained by plaintiffs in Case Number 1:00CV03110 (ESG) in the United States District Court for the District of Columbia''. (7) Congress further reaffirmed this view by enacting section 208 of division B of Public Law 107-117, making a technical correction to the case number. (8) On May 12, 2003, during oral arguments, the United States Court of Appeals for the District of Columbia Circuit noted that the agreements reached pursuant to the Algiers Accords ``were at the point of a gun'', and observed that the Court ``doubt[ed] that the Government of the United States would defend this agreement on the theory that we would have entered into this voluntarily without them holding onto our hostages''. (9) On May 12, 2003, during oral arguments before the Court of Appeals, the attorneys representing the Department of Justice affirmed to the Court that ``both Congress and the President, both the political branches in other words, have the authority to abrogate the international obligations of the United States''. SEC. 2. STATEMENTS OF POLICY. (a) Pursuit of Justice and Accountability.--It is the policy of the United States, as articulated in the Antiterrorism and Effective Death Penalty Act of 1996 and in other United States laws, to seek justice for United States victims of terrorism and to hold terrorists and their state-sponsors accountable for their actions. (b) Preemption.--United States law regarding victims of terrorism supersedes the Algiers Accords and any other agreement with Iran stemming from the holding of American hostages in Iran from November 4, 1979, through January 20, 1981. SEC. 3. JUSTICE FOR FORMER AMERICAN HOSTAGES IN IRAN. (a) Inapplicability of Algiers Accords.--Any provision of the Algiers Accords, entered into with Iran on January 19, 1981, that purports to bar a citizen of the United States from prosecuting any claim in any court of the United States or to limit the jurisdiction of any court of the United States is hereby abrogated and deemed nonapplicable. (b) Common Fund for Hostages.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the Secretary of the Treasury, in consultation with the Secretary of State, shall commence payments to a common fund to be established and administered by the certified class representatives for the former American hostages in Iran and their survivors (as identified in case number 1:00CV03110 (EGS) of the United States District Court for the District of Columbia). Such common fund shall-- (A) be administered to pay claims to the Americans held hostage in Iran, and to members of their families, who are identified as class members in case number 1:00CV03110 (EGS) of the United States District Court for the District of Columbia; and (B) be administered solely for purposes of satisfying such claims, as approved by the certified class representatives identified in that case number. (2) Funding.--Payments to the fund under paragraph (1) shall be derived from the liquidation of blocked assets (as defined in section 201(d)(2) of the Terrorism Risk Insurance Act of 2002 (Public Law 107-297; 28 U.S.C. 1610 note) with respect to Iran, and from amounts in the Iran Foreign Military Sales Fund account within the Foreign Military Sales Fund. The Secretary of the Treasury may liquidate such assets for purposes of this subsection. (3) Amount.--The Secretary of the Treasury shall make payments into the fund in amounts equal to-- (A) for each former hostage identified as a class member under paragraph (1)(A), $1,000 for each day of captivity; (B) for each spouse and child identified as a class member under pareagraph (1)(A), $500 for each day of captivity of the former hostages; and (C) interest on each amount under subparagraph (A) and (B), calculated at the daily prime rate, as determined by the Board of Governors of the Federal Reserve System, for the period from the date of the taking of the hostages until the date of payment under this section. | States that: (1) it is U.S. policy to seek justice for American victims of terrorism and to hold terrorists and their state-sponsors accountable for their actions; and (2) any provision of the Algiers Accords, entered into with Iran on January 19, 1981, that purports to bar a U.S. citizen from prosecuting any claim in any U.S. court or to limit the jurisdiction of any U.S. court is hereby abrogated and deemed nonapplicable. Directs the the Secretary of the Treasury to begin payments to a common fund to be: (1) established and administered by the certified class representatives for the former American hostages in Iran and their survivors (case number 1:00CV03110 (EGS) of the U.S. District Court for the District of Columbia); and (2) funded from the liquidation of blocked Iranian assets and from amounts in the Iran Foreign Military Sales Fund account (Foreign Military Sales Fund). Sets forth fund payment amounts for each former hostage and spouse and child identified as a class member. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Patient Empowerment Act of 2013''. SEC. 2. GUARANTEEING FREEDOM OF CHOICE AND CONTRACTING FOR PATIENTS. (a) In General.--Section 1802 of the Social Security Act (42 U.S.C. 1395a) is amended to read as follows: ``freedom of choice and contracting by patient guaranteed ``Sec. 1802. (a) Basic Freedom of Choice.--Any individual entitled to insurance benefits under this title may obtain health services from any institution, agency, or person qualified to participate under this title if such institution, agency, or person undertakes to provide that individual such services. ``(b) Freedom to Contract by Medicare Beneficiaries.-- ``(1) In general.--Subject to the provisions of this subsection, nothing in this title shall prohibit a Medicare beneficiary from entering into a contract with an eligible professional for any item or service covered under this title. ``(2) Submission of claims.--Any Medicare beneficiary that enters into a contract under this section shall be permitted to submit a claim for payment under this title, and such payment shall be made in the amount that would otherwise apply under this title if such claim had been filed by a participating physician or supplier (as defined in section 1842(h)(1)) in the payment area where the eligible professional covered by the contract resides. Payment made under this title for any item or service provided under the contract shall not render the eligible professional a participating or non-participating physician or supplier, and as such, requirements of this title that may otherwise apply to a participating or non- participating physician or supplier would not apply with respect to any items or services furnished under the contract. ``(3) Beneficiary protections.-- ``(A) In general.--Paragraph (1) shall not apply to any contract unless-- ``(i) the contract is in writing, is signed by the Medicare beneficiary and the eligible professional, and establishes all terms of the contract (including specific payment for items and services covered by the contract) before any item or service is provided pursuant to the contract, and the beneficiary shall be held harmless for any subsequent payment charged for a service in excess of the amount established under the contract during the period the contract is in effect; ``(ii) the contract contains the items described in subparagraph (B); and ``(iii) the contract is not entered into at a time when the Medicare beneficiary is facing an emergency medical condition or urgent health care situation. ``(B) Items required to be included in contract.-- Any contract to provide items and services to which paragraph (1) applies shall clearly indicate to the Medicare beneficiary that by signing such contract the beneficiary-- ``(i) agrees to be responsible for payment to such eligible professional for such items or services under the terms of and amounts established under the contract; ``(ii) agrees to be responsible for submitting claims under this title to the Secretary, and to any other supplemental insurance plan that may provide supplemental insurance, for such items or services furnished under the contract if such items or services are covered by this title, unless otherwise provided in the contract under subparagraph (C)(i); and ``(iii) acknowledges that no limits or other payment incentives that may otherwise apply under this title (such as the limits under subsection (g) of section 1848 or incentives under subsection (a)(5), (m), (q), and (p) of such section) shall apply to amounts that may be charged, or paid to a beneficiary for, such items or services. Such contract shall also clearly indicate whether the eligible professional is excluded from participation under the Medicare program under section 1128. ``(C) Beneficiary elections under the contract.-- Any Medicare beneficiary that enters into a contract under this section may elect to negotiate, as a term of the contract, a provision under which-- ``(i) the eligible professional shall file claims on behalf of the beneficiary with the Secretary and any supplemental insurance plan for items or services furnished under the contract if such items or services are covered under this title or under the plan; and ``(ii) the beneficiary assigns payment to the eligible professional for any claims filed by, or on behalf of, the beneficiary with the Secretary and any supplemental insurance plan for items or services furnished under the contract. ``(D) Exclusion of dual eligible individuals.-- Paragraph (1) shall not apply to any contract if a beneficiary who is eligible for medical assistance under title XIX is a party to the contract. ``(4) Limitation on actual charge and claim submission requirement not applicable.--Section 1848(g) shall not apply with respect to any item or service provided to a Medicare beneficiary under a contract described in paragraph (1). ``(5) Construction.--Nothing in this section shall be construed to prohibit any eligible professional from maintaining an election and acting as a participating or non- participating physician or supplier with respect to any patient not covered under a contract established under this section. ``(6) Definitions.--In this subsection: ``(A) Medicare beneficiary.--The term `Medicare beneficiary' means an individual who is entitled to benefits under part A or enrolled under part B. ``(B) Eligible professional.--The term `eligible professional' has the meaning given such term in section 1848(k)(3)(B). ``(C) Emergency medical condition.--The term `emergency medical condition' means a medical condition manifesting itself by acute symptoms of sufficient severity (including severe pain) such that a prudent layperson, with an average knowledge of health and medicine, could reasonably expect the absence of immediate medical attention to result in-- ``(i) serious jeopardy to the health of the individual or, in the case of a pregnant woman, the health of the woman or her unborn child; ``(ii) serious impairment to bodily functions; or ``(iii) serious dysfunction of any bodily organ or part. ``(D) Urgent health care situation.--The term `urgent health care situation' means services furnished to an individual who requires services to be furnished within 12 hours in order to avoid the likely onset of an emergency medical condition.''. SEC. 3. PREEMPTION OF STATE LAWS LIMITING CHARGES FOR SERVICES BY AN ELIGIBLE PROFESSIONAL. (a) In General.--No State may impose a limit on the amount of charges for services, furnished by an eligible professional, for which payment is made under section 1848 of the Social Security Act (42 U.S.C. 1395w-4), and any such limit is hereby preempted. (b) State.--In this section, the term ``State'' includes the District of Columbia, Puerto Rico, the Virgin Islands, Guam, and American Samoa. | Medicare Patient Empowerment Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act to allow any Medicare beneficiary to enter into a contract with an eligible professional for any item or service covered by Medicare. Allows such beneficiaries to submit a claim for Medicare payment in the amount that would otherwise apply if the claim had been filed by a participating physician or supplier in the payment area where the eligible professional covered by the contract resides. Requires a Medicare beneficiary to agree in writing in such a contract to: (1) pay the physician or practitioner for a Medicare-covered item or service; and (2) submit (in lieu of the physician or practitioner) a claim for Medicare payment. Allows a beneficiary, however, to negotiate, as a term of the contract, for the eligible professional to file such claims on the beneficiary's behalf. Preempts state laws from limiting the amount of charges for physician and practitioner services for which Medicare payment is made. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Communications Facilities Deployment on Federal Property Act of 2018''. SEC. 2. COMMUNICATIONS FACILITIES DEPLOYMENT ON FEDERAL PROPERTY. (a) In General.--Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1455) is amended-- (1) in the heading, by striking ``wireless'' and inserting ``communications''; and (2) by striking subsections (b), (c), and (d) and inserting the following: ``(b) Federal Easements, Rights-of-Way, and Leases.-- ``(1) Grant.--If an entity applies for the grant of an easement, right-of-way, or lease to, in, over, or on a building or other property owned by the Federal Government for the right to install, construct, modify, or maintain a communications facility installation, the executive agency that is authorized to grant such easement, right-of-way, or lease for the building or other property may grant to the applicant an easement, right-of-way, or lease to perform such installation, construction, modification, or maintenance. ``(2) Application forms.--Not later than 30 days after the date of the enactment of the Communications Facilities Deployment on Federal Property Act of 2018, the Administrator of General Services shall develop a required common form for applications for easements, rights-of-way, or leases under paragraph (1). An executive agency may not require an applicant under paragraph (1) to use any form for submitting the application other than the common form developed by the Administrator of General Services under this paragraph and may not require any significant information beyond the information required by such common form. ``(3) Common fees.-- ``(A) In general.--Notwithstanding any other provision of law, not later than 30 days after the date of the enactment of the Communications Facilities Deployment on Federal Property Act of 2018, the Administrator of General Services shall establish a common fee for the processing of applications under paragraph (1) and subsection (c). ``(B) Fee guidelines.--The application fees established pursuant to subparagraph (A) shall be-- ``(i) based on direct and actual cost recovery; and ``(ii) competitively neutral with regard to other users of the building or other property owned by the Federal Government. ``(C) Exceptions.--The Administrator of General Services may establish exceptions to the fee amount required under subparagraph (A)-- ``(i) in consideration of the public benefit provided by a grant of an easement, right-of-way, or lease; and ``(ii) in the interest of expanding wireless and broadband coverage. ``(4) Use of fees collected.--Any fee collected by an executive agency pursuant to paragraph (3) may be made available, as provided in appropriations Acts, to such agency to cover the costs of granting the easement, right-of-way, or lease. ``(c) Master Contracts for Communications Facility Installation Sitings.-- ``(1) In general.--Notwithstanding section 704 of the Telecommunications Act of 1996 (Public Law 104-104; 110 Stat. 151) or any other provision of law, not later 30 days after the date of the enactment of the Communications Facilities Deployment on Federal Property Act of 2018, the Administrator of General Services shall-- ``(A) develop one or more master contracts that shall govern the placement of a communications facility installation on a building or other property owned by the Federal Government, which shall include offers of lease terms for the communications facility installation of not less than 10 years with automatic lease renewals; and ``(B) in developing the master contract or contracts, standardize the treatment of the placement of a communications facility installation on a building rooftop or facade, the placement of a communications facility installation on a rooftop or inside a building, the technology used in connection with a communications facility installation placed on a Federal building and other property, and any other key issues the Administrator of General Services considers appropriate. ``(2) Applicability.--The master contract or contracts developed by the Administrator of General Services under paragraph (1) shall apply to all publicly accessible buildings and other property owned by the Federal Government. An executive agency may not enter into a contract governing the placement of a communications facility installation on a building or other property to which such a master contract applies, unless the contract entered into by the agency is consistent with, and does not contain any significant terms beyond the terms contained in, such master contract. ``(d) Definitions.--In this section: ``(1) Communications facility installation.--The term `communications facility installation' includes-- ``(A) any infrastructure, including any transmitting device, tower, or support structure, and any equipment, switches, wiring, cabling, power sources, shelters, or cabinets, associated with the licensed or permitted unlicensed wireless or wireline transmission of writings, signs, signals, data, images, pictures, or sounds of all kinds; and ``(B) any antenna or apparatus that-- ``(i) is designed for the purpose of emitting or receiving radio frequency; ``(ii) is designed to be operated, or is operating, from a fixed location pursuant to authorization by the Commission or is using duly authorized devices that do not require individual licenses; and ``(iii) is added to a tower, building, or other structure. ``(2) Executive agency.--The term `executive agency' has the meaning given such term in section 102 of title 40, United States Code.''. (b) Effective Date.--This Act, and the amendments made by this Act, shall take effect 30 days after the date of the enactment of this Act. (c) Effect on Existing Applications.--An application for an easement, right-of-way, or lease that was made or granted under section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1455) before the effective date of this Act shall continue, subject to such section as in effect on the day before such effective date. | Communications Facilities Deployment on Federal Property Act of 2018 This bill amends the Middle Class Tax Relief and Job Creation Act of 2012 to require the General Services Administration (GSA) to create a common form and to establish a common processing fee for applications for easements, rights-of-way, and leases relating to communications facility installations on federal property. The GSA must develop a master contract for the placement of communications facility installations on federal property. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Highway Funding Equity Act of 2005''. SEC. 2. MINIMUM GUARANTEE. Section 105 of title 23, United States Code, is amended-- (1) by striking subsection (a) and subsections (c) through (f); (2) by redesignating subsection (b) as subsection (e); (3) by inserting after the section heading the following: ``(a) Guarantee.-- ``(1) In general.--For each of fiscal years 2005 through 2009, the Secretary shall allocate among the States amounts sufficient to ensure that the percentage for each State of the total apportionments for the fiscal year for the National Highway System under section 103(b), the high priority projects program under section 117, the Interstate maintenance program under section 119, the surface transportation program under section 133, metropolitan planning under section 134, the highway bridge replacement and rehabilitation program under section 144, the congestion mitigation and air quality improvement program under section 149, the recreational trails program under section 206, the Appalachian development highway system under subtitle IV of title 40, and the minimum guarantee under this paragraph, equals or exceeds the percentage determined for the State under paragraph (2). ``(2) State percentages.-- ``(A) In general.--Except as provided in subparagraph (B), the percentage for each State referred to in paragraph (1) is the percentage that is equal to 95 percent of the ratio that-- ``(i) the estimated tax payments attributable to highway users in the State paid into the Highway Trust Fund (other than the Mass Transit Account) in the most recent fiscal year for which data are available; bears to ``(ii) the estimated tax payments attributable to highway users in all States paid into the Highway Trust Fund (other than the Mass Transit Account) in the most recent fiscal year for which data are available. ``(B) Exception.--In the case of a State having a population density of less than 50 individuals per square mile according to the 2000 decennial census, the percentage referred to in paragraph (1) shall be the greater of-- ``(i) the percentage determined under subparagraph (A); or ``(ii) the percentage specified in subsection (e). ``(b) Treatment of Funds.-- ``(1) Programmatic distribution.--The Secretary shall apportion the amounts made available under this section that exceed $2,800,000,000 so that the amount apportioned to each State under this paragraph for each program referred to in subsection (a)(1) (other than the high priority projects program, metropolitan planning, the recreational trails program, the Appalachian development highway system, and the minimum guarantee under subsection (a)) is equal to the product obtained by multiplying-- ``(A) the amount to be apportioned under this paragraph; and ``(B) the ratio that-- ``(i) the amount of funds apportioned to the State for each program referred to in subsection (a)(1) (other than the high priority projects program, metropolitan planning, the recreational trails program, the Appalachian development highway system, and the minimum guarantee under subsection (a)) for a fiscal year; bears to ``(ii) the total amount of funds apportioned to the State for that program for the fiscal year. ``(2) Remaining distribution.-- ``(A) In general.--Subject to subparagraph (B), the Secretary shall apportion the remainder of funds made available under this section to the States, and administer those funds, in accordance with section 104(b)(3). ``(B) Inapplicable requirements.--Paragraphs (1), (2), and (3) of section 133(d) shall not apply to amounts apportioned in accordance with this paragraph. ``(c) Authorization of Appropriations.--There are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) such sums as are necessary to carry out this section for each of fiscal years 2005 through 2009. ``(d) Guarantee of 95 Percent Return.-- ``(1) In general.--For each of fiscal years 2005 through 2009, before making any apportionment under this title, the Secretary shall-- ``(A) determine whether the sum of the percentages determined under subsection (a)(2) for the fiscal year exceeds 100 percent; and ``(B) if the sum of the percentages exceeds 100 percent, proportionately adjust the percentages specified in the table contained in subsection (e) to ensure that the sum of the percentages determined under subsection (a)(1)(B) for the fiscal year equals 100 percent. ``(2) Eligibility threshold for adjustment.--The Secretary may make an adjustment under paragraph (1) for a State for a fiscal year only if the percentage for the State in the table contained in subsection (e) is equal to or exceeds 95 percent of the ratio determined for the State under subsection (a)(1)(B)(i) for the fiscal year. ``(3) Limitation on adjustments.--Adjustments of the percentages in the table contained in subsection (e) in accordance with this subsection shall not result in a total of the percentages determined under subsection (a)(2) that exceeds 100 percent.''; and (4) in subsection (e) (as redesignated by paragraph (2)), by striking ``subsection (a)'' and inserting ``subsections (a)(2)(B)(ii) and (d)''. | Highway Funding Equity Act of 2005 - Amends Federal highway law to revise Federal highway minimum guarantee requirements. Requires the Secretary of Transportation, for each of FY 2005 through 2009, to allocate among the States amounts sufficient to ensure that the percentage for each State of the total apportionments for the fiscal year for certain Federal-aid highway programs (including the basic minimum guarantee under this Act) equals or exceeds 95 percent of the ratio that the estimated gas tax payments attributable to highway users in the State paid into the Highway Trust Fund (HTF) bears to such payments attributable to highway users in all States (with a specified exception for any State having a population density of less than 50 individuals per square mile). Provides for: (1) the programmatic distribution of funds above $2.8 billion for certain Federal-aid highway programs; (2) the apportionment of the remainder of funds to the States; and (3) required adjustments where the sum of State percentages exceeds 100 percent. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Early STEM Achievement Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Numerous studies have highlighted the long-term academic benefits of high-quality early childhood education and care. The Learning Policy Institute, for example, reported in 2015 that North Carolina students who participated in early childhood programs received higher scores on third-grade standardized math assessments than their peers who did not participate. Similarly, Michigan children who attended early learning programs had better kindergarten readiness and better reading and math proficiency relative to their peers who did not have access to such programs. (2) Studies have also shown lower high-school dropout rates among children who participate in early childhood education programs relative to their peers who did not, showing that the positive results of quality early education programs continue for many years. (3) Beyond academic benefits, researchers have shown positive economic impacts of early childhood programs. In 2015, a National Bureau of Economic Research study reported that each dollar invested in early childhood returns approximately seven dollars, in terms of workforce development. The Federal Reserve has also called for increased access to early childhood education, pointing to the potential for future economic development. (4) There has been a growing need for STEM workers that is projected to continue. The Bureau of Labor Statistics estimated in 2012 that STEM occupations will grow at a faster rate than other professions, noting also that the median annual salary for STEM workers is higher than for other professions. (5) Beginning STEM education as early as possible is key to future success in these fields, both in school and potentially in the workforce. To that end, businesses in the STEM fields like National Grid have sought through corporate citizenship programs to connect with and inspire young learners. (6) Studies have shown that simple, age-appropriate activities, like building a tower of blocks or spinning a mobile in a crib, can help encourage STEM learning. As a White House blog post on the importance of early STEM noted, ``Research indicates that as early as infancy, young children start developing and testing hypotheses for how the world around them works.''. (7) A 2014 study from the University of California-Berkeley Center for the Study of Child Care Employment found that many early childhood practitioners feel poorly equipped to teach early STEM skills, making professional development and training opportunities critical. SEC. 3. GRANT PROGRAM. (a) Program Authorized.--From the amounts appropriated to carry out this Act, the Secretary of Education shall award grants, on a competitive basis, to eligible entities to assist early childhood education programs in carrying out early childhood STEM programs/ activities. (b) Priority.--In awarding grants under this Act, the Secretary shall give priority to eligible entities described in subsection (e)(2)(D). (c) Application.--An eligible entity desiring to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may request. (d) Uses of Funds.--An eligible entity that receives a grant under this section shall use the grant to carry out not less than one of the following: (1) Professional development relating to early childhood STEM activities for teachers of early childhood programs. (2) Materials and equipment necessary to carry out such early childhood STEM activities. (3) Establishing partnerships between the eligible entity and an institution of higher education to provide training in early childhood STEM activities for teachers of early childhood programs. (4) The provision of professional development programs for teachers of early childhood program by institutions of higher education. (e) Definitions.--In this Act: (1) Early childhood program.--A program providing education and childcare to children from birth through 5 years of age. (2) Eligible entity.--The term ``eligible entity'' means-- (A) a local educational agency providing an early childhood program; (B) an educational service agency serving more than one such local educational agency; (C) a nonprofit organization that provides early childhood education and care; or (D) an institution of higher education in partnership with an early childhood program to create training in early childhood STEM activities for teachers of such early childhood programs. (3) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (4) ESEA terms.--The terms ``educational service agency'', ``local educational agency'', and ``Secretary'' have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (5) STEM.--The term ``STEM'' means science (including computer science), technology, engineering, and mathematics. | Early STEM Achievement Act This bill requires the Department of Education to award competitive grants to eligible entities for the purpose of assisting early childhood education programs in carrying out science, technology, engineering, and mathematics (STEM) programs and activities. A grant recipient must use the grant for necessary materials and equipment or for specified activities related to professional development in early childhood STEM activities. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Broadband Internet Fairness Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Increased deployment and adoption of broadband, including high-bandwidth uses of broadband, is key to allow broadband stimulus funds to produce maximal economic recovery and growth, and is key to the network effects of economic benefit associated with the Internet. (2) No volume usage service plan for broadband Internet access can be just and reasonable unless charges are fairly based on the cost of the usage. (3) Volume usage charges for broadband Internet access that are substantially above cost in a market without sufficient competition constitute an unfair and unconscionable practice, as substantially above-cost pricing has anti-competitive and anti-consumer effects on Internet use, including in particular Internet use for online video delivery. (4) The market for video delivery is effectively controlled by companies operating both traditional cable delivery and broadband Internet access services, increasing incentives to raise prices for Internet use in high volumes, to discourage consumers who may wish no longer to subscribe to traditional cable services. (5) The Federal Trade Commission Act authorizes the Federal Trade Commission to investigate and remedy consumer pricing practices that it determines to be unfair or anti-competitive, including pricing practices by Internet service providers, as Internet services are not provided on a common carrier basis and therefore are not subject to the common carrier limitation on Federal Trade Commission jurisdiction. SEC. 3. UNJUST, UNREASONABLE, OR UNREASONABLY DISCRIMINATORY VOLUME USAGE SERVICE PLANS. (a) Prohibition.--It shall be unlawful for major broadband Internet service providers to offer volume usage service plans imposing rates, terms, and conditions that are unjust, unreasonable, or unreasonably discriminatory. (b) Service Plan Analysis Filing Required.--Major broadband Internet service providers offering, or proposing to offer, volume usage service plans to any portion of their service territory are required to file with the Federal Trade Commission a service plan analysis that-- (1) identifies the different service tiers of broadband Internet service to be offered on the basis of different data transmission volumes; (2) specifies the different rates, terms, and conditions to be imposed for such tiers; (3) provides an analysis of the economic reasonableness and necessity for imposing such tiers-- (A) based on assigning the capital costs of deploying the facilities needed to provide such different service tiers; (B) based on assigning different operating costs, if any, that are attributable to the provision of different service tiers; or (C) based on other factors and costs specified by the provider as a justification for the proposed volume usage service plan; (4) assess the impact of such service tiers on the ability of residential consumers to access widely used Internet services, including uses for agricultural, medical, educational, environmental, library, and nonprofit purposes; and (5) specifies the basis upon which the different rates of charges under the service plan will be revised over the following 3 years, and inflation factors or other variables that will be used to calculate or limit such revisions. SEC. 4. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION. (a) Enforcement by FTC.--The Commission shall, in consultation with the Federal Communications Commission, review each service plan analysis submitted under section 3(b) in order to determine whether the volume usage service plan is in violation of section 3(a). A violation of section 3(a) shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57(a)(1)(B)). The Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction as though all applicable terms and provision of the Federal Trade Commission Act were incorporated into and made a part of this Act. (b) Review and Remediation.--After an initial review of any service plan analysis submitted under section 3(b), if the Commission identifies any elements of such plan that appear to constitute a violation of section 3(a), the Commission shall notify the provider submitting such plan of such elements and of the steps the provider may take to correct such violations. The Commission shall, prior to initiating any action under subsection (e), review the steps taken by the provider to correct such violations. (c) Factors Considered.--In determining whether a major broadband Internet service provider has violated section 3(a), the Commission, in consultation with the Federal Communications Commission, shall take into account, among other factors-- (1) whether the service plan analysis filed with the Commission does not properly assign operating costs to each of the service tiers within the volume usage service plan; (2) whether the rates, terms, and conditions are not justified by the costs of deploying or operating the facilities required to provide and maintain the service tiers within the volume usage service plan; (3) whether the volume usage service plan imposes unjust, unreasonable, or unreasonably discriminatory charges on residential consumers; (4) whether the volume usage service plan deters or impedes-- (A) the deployment of and access to widely used Internet applications and services; or (B) the participation of residential consumers in the growth and development of regional, national, and international economies; (5) whether the volume usage service plan unfairly penalizes consumers choosing to use high bandwidth Internet applications and services, including those used for one-way or two-way video; (6) whether the volume usage service plan has anti- competitive effects on the market for video delivery or the markets for Internet applications or services; (7) whether the volume usage service plan imposes anti- consumer rates, terms, or conditions that reflect insufficient competition in the local market for broadband Internet services; or (8) whether the volume usage service plan fails to comply with such other factors as the Commission, in consultation with the Federal Communications Commission, determines to be appropriate as set forth in the rules prescribed under section 5. (d) Hearings.--As a component of its review of each plan submitted under subsection (a), the Commission shall, after the provider submitting such plan has had an opportunity to take steps under subsection (b) to correct any violations identified by the Commission in its notice to the provider under such subsection, provide for the conduct of a public hearing by a Commissioner or other designated employee of the Commission, and for the collection of public comment and testimony with respect to such plan. Such hearing shall be conducted in a such a community or communities in such State or States as the Commission determines are most directly affected by the volume usage service plan. (e) Civil Penalties.-- (1) Notwithstanding the penalties set forth under the Federal Trade Commission Act, any major broadband Internet service provider who violates section 3(a) shall be subject to injunctive relief requiring the broadband Internet service provider proposing or offering such plan to suspend, terminate, or revise such plan. (2) In addition to injunctive relief, any major broadband Internet service provider who violates section 3(a) may be subject to a fine of not more than $1,000,000, as the Commission determines is required to ensure ongoing compliance with this Act. SEC. 5. COMMISSION RULEMAKING REQUIRED. Within 180 days after the date of enactment of this Act, the Commission shall, by rule prescribed in accordance with section 553 of title 5, United States Code, establish procedures for the review of volume usage service plans and for the conduct of public hearings pursuant to the requirements of this Act. SEC. 6. EFFECT ON OTHER LAWS. Nothing in this Act shall be construed to limit the authority of the Commission to bring enforcement actions or take other measures under the Federal Trade Commission Act or any other provision of law. SEC. 7. DEFINITIONS. (a) In General.--For purposes of this Act: (1) Commission.--The term ``Commission'' means the Federal Trade Commission. (2) Broadband internet service.--The term ``broadband Internet service'' means an Internet protocol-based transmission service that enables users to send and receive voice, video, data, graphics, or a combination thereof. (3) Broadband internet service provider.--The term ``broadband Internet service provider'' means any person who provides or offers to provide broadband Internet service, either directly or through an affiliate. (4) Major broadband internet service provider.--The term ``major broadband Internet service provider'' means a broadband Internet service provider that, either directly or through an affiliate, provides broadband Internet service to 2,000,000 or more subscribers, as further defined by the rules prescribed by the Commission pursuant to section 5. (5) Volume usage service plan.--The term ``volume usage service plan'' means any choice of broadband Internet service offerings to a residential consumer that includes two or more different sets of rates, terms, or conditions that are directly or indirectly based upon the amount of data actually transmitted to or from the consumer within a fixed period of time. (6) Residential consumer.--The term ``residential consumer'' includes any individual consumer who subscribes to broadband Internet services primarily for purposes other than a for-profit business purpose, and includes subscribers that are nonprofit organizations or institutions of higher education. (b) Common Terminology.--Except as otherwise provided in subsection (a), terms used in this Act have the meanings provided under section 3 of the Communications Act of 1934 (47 U.S.C. 153) and section 602 of such Act (47 U.S.C. 522). | Broadband Internet Fairness Act - Makes it unlawful for major broadband Internet service providers to offer volume usage service plans imposing rates, terms, and conditions that are unjust, unreasonable, or unreasonably discriminatory. Treats a violation as an unfair or deceptive act or practice under the Federal Trade Commission Act. Requires major broadband Internet service providers offering or proposing to offer volume usage plans to file a service plan analysis with the Federal Trade Commission (FTC). Requires the FTC to enforce this Act. Defines "major broadband Internet service provider" as a broadband Internet service provider that, directly or through an affiliate, provides broadband Internet service to 2 million or more subscribers. Defines "volume usage service plan" as any choice of service offerings to a residential consumer that includes two or more different sets of rates, terms, or conditions directly or indirectly based on the amount of data transmitted to or from the consumer within a fixed period of time. Includes nonprofit organizations or higher education institutions in the term "residential consumer." |
SECTION 1. ESTABLISHMENT OF NATIONAL COMMISSION ON FAIRNESS IN MILITARY COMPENSATION. (a) Establishment.--There is established a commission to be known as the ``National Commission on Fairness in Military Compensation'' (in this Act referred to as the ``Commission''). (b) Membership of Commission.--The Commission shall consist of 16 members, as follows: (1) The Secretary of Defense. (2) The Secretary of Agriculture. (3) The Director of the Office of Management and Budget. (4) The Secretary of Health and Human Services. (5) Two Members of the Senate, one Member selected by the President pro tempore of the Senate and one Member selected by the minority leader of the Senate. (6) Two Members of the House of Representatives, one Member selected by the Speaker of the House and one Member selected by the minority leader of the House of Representatives. (7) Eight additional members appointed by the President from the general public or as representatives of nonprofit or military advocacy organizations, such as-- (A) the American Legion; (B) the Veterans of Foreign Wars; (C) the USO; (D) the Non-Commissioned Officers Association; (E) the Retired Enlisted Association; (F) the Fleet Reserve Association; (G) the Association of the United States Army; (H) the National Military Family Association; and (I) the Air Force Sergeants Association. (c) Time for Appointment.--The members of the Commission required to be appointed or selected under subsection (b) shall be appointed or selected not later than 6 months after the date of the enactment of this Act. (d) Chairperson.--The Commission shall elect a Chairperson from among its membership. SEC. 2. FUNCTIONS OF COMMISSION. (a) Review of Fairness of Military Compensation.--The Commission shall determine the extent to which members of the Armed Forces or their dependents have come to rely on food stamps, the special supplemental food program under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786), and other Federal or local assistance programs as a necessary supplement to their regular military compensation and the circumstances that lead to such dependence. In the case of members of the Armed Forces stationed outside the United States who are unable to receive such assistance, the Commission shall also determine the general standard of living for these members and their dependents. (b) Report and Recommendations.--On the basis of the review conducted under subsection (a), the Commission shall prepare and submit to the President and Congress a report containing the findings of the Commission and specific recommendations on possible changes in the military pay structure or other methods to ensure that members of the Armed Forces receive adequate compensation so that they are able to provide for themselves and their families without seeking special financial assistance to maintain a decent standard of living. The report shall be submitted within 180 days after the first meeting of the Commission. SEC. 3. GENERAL POWERS OF COMMISSION. (a) Quorum.--A majority of the members of the Commission shall constitute a group for the transaction of business. (b) Vacancies.--Any vacancy on the Commission shall not affect its powers, but shall be filled in the manner in which the original appointment was made. (c) Prohibition of Additional Pay.--Members of the Commission who are officers or employees of the United States shall receive no additional pay, allowances, or benefits by reason of their service on the Commission. Members appointed from among private citizens of the United States may be allowed travel expenses, including per diem, in lieu of subsistence, as authorized by law for persons serving intermittently in the government service to the extent funds are available for such expenses. (d) Hearings.--For the purpose of carrying out this Act, the Commission may hold such hearings and sit and act at such times and places as the Commission may find advisable. (e) Rules and Regulations.--The Commission may adopt such rules and regulations as may be necessary to establish its procedures and to govern the manner of its operations, organization, and personnel. (f) Assistance From Federal Agencies.--(1) The Commission may request from the head of any Federal agency or instrumentality such information as the Commission may require for the purpose of this Act. Upon request made by the Chairperson of the Commission, each such agency or instrumentality shall furnish such information to the Commission, to the extent permitted by law and subject to the exceptions set forth in section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act). (2) Upon request of the Chairperson of the Commission, the head of any Federal agency or instrumentality shall, to the extent possible and subject to the discretion of such head-- (A) make any of the facilities and services of such agency or instrumentality available to the Commission; and (B) detail any of the personnel of such agency or instrumentality to the Commission, on a reimbursable basis, to assist the Commission in carrying out its duties under this Act, except that any expenses of the Commission incurred under this subparagraph shall be subject to the limitation on total expenses set forth in section 4(b). (g) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other Federal agencies. (h) Contracting.--The Commission may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts with State agencies, private firms, institutions, and individuals for the purpose of conducting research or surveys necessary to enable the Commission to discharge its duties under this Act, subject to the limitation on total expenses set forth in section 4(b). (i) Staff.--Subject to such rules and regulations as may be adopted by the Commission, the Chairperson of the Commission (subject to the limitation on total expenses set forth in section 4(b)) shall have the power to appoint, terminate, and fix the compensation (without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of provision of law, relating to the number, classification, and General Schedule rates) of an Executive Director, and of such additional staff as the Chairperson deems advisable to assist the Commission, at rates not to exceed a rate to the maximum rate for GS-15, of the General Schedule under section 5332 of such title. SEC. 4. EXPENSES OF COMMISSION. (a) In General.--Any expenses of the Commission shall be paid from such funds as may be available to the Secretary of Defense. (b) Limitation.--The total expenses of the Commission shall not exceed $750,000. (c) GAO Audit.--Prior to the termination of the Commission, the Comptroller General of the United States shall conduct an audit of the financial books and records of the Commission to determine that the limitation on expenses has been met, and shall include its determination in an opinion to be included in the report of the Commission. SEC. 5. TERMINATION OF COMMISSION. The Commission shall terminate 30 days after the date on which the Commission submits its final report under section 2(b). | Establishes the National Commission on Fairness in Military Compensation to: (1) determine the extent to which military personnel or their dependents rely on food stamps, the special supplemental food program under the Child Nutrition Act of 1966, and other Federal or local assistance programs as a necessary supplement to their regular military compensation, and the circumstances that lead to such dependence; and (2) submit to the President and the Congress a report on its findings and its recommendations on possible changes in the military pay structure so that military personnel will receive adequate compensation and no longer rely on such other forms of assistance. Limits to $750,000 the total authorized expenses of the Commission. Requires the Comptroller General to audit Commission books and records in order to ensure compliance with such expense limit. Terminates the Commission 30 days after submission of its report. |
SECTION 1. COVERAGE OF EMPLOYEES. Paragraphs (2)(B)(ii) and (4)(A)(i) of section 101 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611 (2)(B)(ii) and (4)(A)(i)) are amended by striking ``50'' each place it appears and inserting ``25''. SEC. 2. PARENTAL INVOLVEMENT LEAVE. (a) Leave Requirement.--Section 102(a) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)) is amended by adding at the end the following: ``(3) Entitlement to parental involvement leave.-- ``(A) In general.--Subject to section 103(f), an eligible employee shall be entitled to a total of 4 hours of leave during any 30-day period, and a total of 24 hours of leave during any 12-month period, in addition to leave available under paragraph (1), to participate in or attend an activity that-- ``(i) is sponsored by a school or community organization; and ``(ii) relates to a program of the school or organization that is attended by a son or daughter of the employee, including foster children. ``(B) Definitions.--As used in this paragraph: ``(i) Community organization.--The term `community organization' means a private nonprofit organization that is representative of a community or a significant segment of a community and provides activities for individuals described in subparagraph (A) or (B) of section 101(12), such as a scouting or sports organization. ``(ii) School.--The term `school' means an elementary school or secondary school (as such terms are defined in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801)), a Head Start program assisted under the Head Start Act (42 U.S.C. 9831 et seq.), and a child care facility licensed under State law.''. (b) Schedule.--Section 102(b)(1) of such Act (29 U.S.C. 2612(b)(1)) is amended by inserting after the second sentence the following: ``Leave under subsection (a)(3) may be taken intermittently or on a reduced leave schedule.'' (c) Substitution of Paid Leave.--Section 102(d)(2)(A) of such Act (29 U.S.C. 2612(d)(2)(A)) is amended by inserting before the period the following: ``, or for leave provided under subsection (a)(3) for any part of the 24-hour period of such leave under such subsection''. (d) Notice.--Section 102(e)(1) of such Act (29 U.S.C. 2612(e)(1)) is amended by adding at the end the following: ``In any case in which an employee requests leave under subsection (a)(3), the employee shall provide the employer with not less than 7 days' notice, before the date the leave is to begin, of the employee's intention to take leave under such subsection.''. (e) Certification.--Section 103 of such Act (29 U.S.C. 2613) is amended by adding at the end the following: ``(f) Certification for Parental Involvement Leave.--An employer may require that a request for leave under section 102(a)(3) be supported by a certification issued at such time and in such manner as the Secretary may by regulation prescribe.''. SEC. 3. PARENTAL INVOLVEMENT LEAVE FOR CIVIL SERVANTS. (a) Leave Requirement.--Section 6382(a) of title 5, United States Code, is amended by adding at the end the following: ``(3)(A) Subject to section 6383(f), an employee shall be entitled to a total of 4 hours of leave during any 30-day period, and a total of 24 hours of leave during any 12-month period, in addition to leave available under paragraph (1), to participate in or attend an activity that-- ``(i) is sponsored by a school or community organization; and ``(ii) relates to a program of the school or organization that is attended by a son or daughter of the employee, including foster children. ``(B) As used in this paragraph: ``(i) The term `community organization' means a private nonprofit organization that is representative of a community or a significant segment of a community and provides activities for individuals described in subparagraph (A) or (B) of section 6381(6), such as a scouting or sports organization. ``(ii) The term `school' means an elementary school or secondary school (as such terms are defined in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801)), a Head Start program assisted under the Head Start Act (42 U.S.C. 9831 et seq.), and a child care facility licensed under State law.''. (b) Schedule.--Section 6382(b)(1) of such title is amended by inserting after the second sentence the following: ``Leave under subsection (a)(3) may be taken intermittently or on a reduced leave schedule.'' (c) Substitution of Paid Leave.--Section 6382(d) of such title is amended by inserting before ``, except'' the following: ``, or for leave provided under subsection (a)(3) any of the employee's accrued or accumulated annual leave under subchapter I for any part of the 24-hour period of such leave under such subsection''. (d) Notice.--Section 6382(e)(1) of such title is amended by adding at the end the following: ``In any case in which an employee requests leave under subsection (a)(3), the employee shall provide the employing agency with not less than 7 days' notice, before the date the leave is to begin, of the employee's intention to take leave under such subsection.''. (e) Certification.--Section 6383 of such title is amended by adding at the end the following: ``(f) An employing agency may require that a request for leave under section 6382(a)(3) be supported by a certification issued at such time and in such manner as the Office of Personnel Management may by regulation prescribe.''. | Amends the Family and Medical Leave Act of 1993 to extend coverage to employees at worksites where the employer employs at least 25 (currently 50) employees at the worksite and within 75 miles of that worksite. Allows employees covered by such Act to take up to four hours during any 30-day period, and up to 24 hours during any 12-month period, of parental involvement leave to participate in or attend their children's educational and extracurricular activities. Amends Federal civil service law to apply the same parental involvement leave allowance to Federal employees. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Financial Statement Transparency Act of 2014''. SEC. 2. FEDERAL ACCOUNTING STANDARDS ADVISORY BOARD. There is established in the executive branch of the Government an independent establishment to be known as the Federal Accounting Standards Advisory Board (in this Act referred to as the ``Board''). SEC. 3. MEMBERSHIP. (a) Number and Appointment.--The Board shall be composed of 10 members appointed as follows: (1) One member shall be an employee of the Government Accountability Office, appointed by the Comptroller General of the United States (in this Act referred to as the ``Comptroller General''). (2) One member shall be an employee of the Office of Management and Budget, appointed by the Director of the Office of Management and Budget (in this Act referred to as the ``Director''). (3) One member shall be an employee of the Department of the Treasury, appointed by the Secretary of the Treasury (in this Act referred to as the ``Secretary''), who may not participate in any votes held pursuant to section 4(c)(1). (4) Seven members shall be appointed from the general financial community, the accounting and auditing community, or academia by an appointment panel consistent with the requirements of subsection (d). (b) Requirements for Non-Federal Members.--Members appointed pursuant to subsection (a)(4) may not be selected from among Federal employees. (c) Terms.-- (1) Federal members.--A member appointed pursuant to paragraph (1), (2), or (3) of subsection (a) shall serve on the Board at the discretion of the head of each agency that appoints such a member. (2) Non-federal members.--Members appointed pursuant to subsection (a)(4) shall serve for a term not to exceed 5 years and that, upon approval of an appointment panel described in subsection (d), may be renewed for an additional term not to exceed 5 years. (d) Appointment Panel.-- (1) Initial appointment panel membership.--Upon appointment, the member appointed by the Comptroller General pursuant to subsection (a)(1) shall convene an appointment panel consisting of not more than 6 individuals as follows: (A) The member appointed by the Comptroller General pursuant to subsection (a)(1), who shall serve as chair of the initial appointment panel. (B) The members appointed by the Director and the Secretary, respectively, pursuant to paragraphs (2) and (3) of subsection (a). (C) One representative from the Financial Accounting Foundation (or a successor organization). (D) Two representatives from an organization that nationally represents the interests of the certified public accountant profession by-- (i) serving as an advocate before legislative and regulatory entities, public interest organizations, and professional organizations; (ii) developing standards for audits of nonpublic entities and guidelines for services of certified public accountants; (iii) providing professional tools and training to certified public accountants; and (iv) monitoring and enforcing compliance with technical and ethical standards for certified public accountants. (2) Duties of appointment panel.--The appointment panel established under this subsection shall appoint members pursuant to subsection (a)(4) to serve on the Board. (3) Expiration.--The chair shall dissolve the appointment panel upon completion of the duties described in paragraph (2). (4) Selection of chair of subsequent appointment panel.-- The Secretary, the Director, and the Comptroller General shall select one member appointed pursuant to subsection (a)(4) to serve as the chair of the Board and the chair of a subsequent appointment panel. (5) Subsequent appointment panel.--The chair selected pursuant to paragraph (4) shall convene an appointment panel before the expiration of the term of the Board members appointed pursuant to subsection (a)(4). SEC. 4. DUTIES; CONCEPTS AND STANDARDS. (a) Duties of FASAB.--The Board shall develop Federal financial accounting concepts or standards and give consideration to the budgetary information needs of executive agencies and the needs of users of Federal financial information. (b) Restriction on Duties.--The Board may not set or propose budget concepts, standards, or principles. (c) Concepts and Standards.-- (1) FASAB vote.--The Board shall submit to the Director and the Comptroller General any Federal financial accounting concepts or standards developed under subsection (a) that receive a favorable vote by at least \2/3\ of the Board members (except as provided in section 3(a)(3)). (2) OMB and gao review.-- (A) Automatic acceptance.--Except as provided in subparagraph (B), the concept or standard described in paragraph (1) shall be submitted to the Secretary at the end of the 90-day period beginning on the date the Director and the Comptroller General receive the concept or standard. (B) Process for rejection.--If the Director or the Comptroller General disapproves of the concept or standard described in paragraph (1), the Director or the Comptroller General shall, not later than 90 days after receiving such concept or standard, reject such concept or standard and submit such concept or standard to the Board for reconsideration. (C) Report for rejection.--Not later than 5 days after submitting the concept or standard to the Board for reconsideration, the Director or the Comptroller General shall submit to Congress and the organization described in section 3(d)(1)(D) a report, which shall be made available to the public, describing the rejected concept or standard and the basis for the rejection. (3) FASAB publication.--At the end of the period described in paragraph (2)(A), the Board shall publish the concept or standard submitted to the Secretary pursuant to such paragraph in the Federal Register. (4) Treasury review.-- (A) In general.--Except as provided in subparagraph (B), if the Secretary decides not to adopt a concept or standard submitted pursuant to subsection (c)(2)(A), the Secretary shall submit, along with the annual report submitted pursuant to section 331(e)(1) of title 31, United States Code, a description of any rejected concept or standard and the basis for the rejection. (B) Exception for immaterial deviations.--The requirements of subparagraph (A) do not apply if the Secretary determines that the application of the concept or standard would not have a material effect on the annual report submitted pursuant to section 331(e)(1) of title 31, United States Code. (d) GAO Audit.--If, in conducting an audit of the annual report submitted by the Secretary pursuant to section 331(e)(1) of title 31, United States Code, the Comptroller General finds a material deviation from generally accepted accounting principles in such report, the Secretary shall submit to the Comptroller General an explanation for such deviation not later than 30 days after notification of such deviation. SEC. 5. FASAB OPERATIONS FUND. (a) Establishment.--The Secretary of the Treasury shall establish a fund, to be available without fiscal year limitation, to provide funds to the Board for the purpose of carrying out its duties under this Act. (b) Amount.--The Board shall determine the annual cost of carrying out its duties. (c) Deposits.--Beginning on the first day of the first full fiscal year that begins after the date of enactment of this Act, the Secretary of the Treasury shall assess a fee on each sale of a security under chapter 31 of title 31, United States Code, in an annual aggregate amount equal to the amount specified in subsection (b), and deposit such amount into the fund. (d) Use of Funds.--Amounts in the fund may be used by the Board, for the purpose of carrying out the duties of the Board under this Act without further appropriation, beginning on the first day of the fiscal year beginning after the fiscal year described in subsection (c). SEC. 6. EFFECTIVE DATE. Sections 3 and 4 of this Act shall take effect on the date that amounts in the fund described in section 5 are transferred to the Board. | Federal Financial Statement Transparency Act of 2014 - Establishes in the executive branch an independent Federal Accounting Standards Advisory Board (FASAB) to develop federal financial accounting concepts or standards, giving consideration to the budgetary information needs of executive agencies and the needs of users of federal financial information. Directs the Secretary of the Treasury to establish a FASAB operations fund to enable the FASAB to carry out its duties. Requires the Secretary to assess a fee on each sale of a security for deposit into the fund. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Exchange Information Disclosure Act''. SEC. 2. WEEKLY REPORTS ON HEALTH BENEFIT EXCHANGES. Section 1311(c)(5) of the Patient Protection and Affordable Care Act (42 U.S.C. 13031(c)(5)) is amended-- (1) in subparagraph (A), by striking ``and'' at the end; (2) in subparagraph (B), by striking the period and inserting a semicolon; and (3) by adding at the end the following: ``(C) not later than the first Monday after the date of enactment of this subparagraph, and each Monday thereafter through March 31, 2015 (or the next business day when Monday occurs on a Federal holiday), in coordination with the Secretary of the Treasury and the Secretary of Labor, submit to Congress and make available to State governors, State insurance commissioners, and the public, a report concerning consumer interactions with the Internet website maintained by the Federal Government for health insurance coverage (healthcare.gov or any subsequent Internet site (or sites) that is established in whole or in part by the Federal Government to facilitate enrollment in qualified health plans, the receipt of advance premium tax credits or cost sharing reduction assistance, or comparisons of available qualified health plans) and any efforts undertaken to remedy problems that impact taxpayers and consumers, such report to include-- ``(i) a State-by-State breakdown of-- ``(I) the number of unique website visits; ``(II) the number of web chat logins; ``(III) the number of individuals who create an account; ``(IV) the number of individuals who enrolled in a qualified health plan or Medicaid; ``(V) the number of enrollees in each zip code; and ``(VI) the level of coverage obtained; ``(ii) a detailed description of the problems identified with website functionality, the actions that have been taken to resolve those problems, the identity of the contractors that are involved in such actions, the cost of such actions, how such actions are being paid for, and the names of the Federal officials responsible for overseeing the process; and ``(iii) a description of the separate problems with the website, including problems relating to-- ``(I) logging into the website; ``(II) enrolling in coverage; ``(III) transferring to the State Medicaid programs; ``(IV) the calculation of advance premium tax credits or cost sharing reductions; ``(V) eligibility for qualified health plans, advance premium tax credits, cost sharing reductions, Medicaid, or the Children's Health Insurance Program; ``(VI) income or identity verification; ``(VII) the transfer of information to health insurance issuers; and ``(VIII) consumer privacy and data security; and ``(D) not later than the first Monday after the date of enactment of this Act, and each Monday thereafter through March 31, 2015 (or the next business day when Monday occurs on a Federal holiday), in coordination with the Secretary of the Treasury and the Secretary of Labor, submit to Congress and make available to State governors, State insurance commissioners, and the public, a report concerning the federally operated customer service call center, including the number of calls received by the call center, the Internet website or enrollment problems identified by users, how many calls are referred to the Centers for Consumer Information and Insurance Oversight, how many calls are referred to State insurance commissioners, and how many callers enrolled in a qualified health plan through the call center.''. SEC. 3. DISCLOSURE OF NAVIGATOR AND CERTIFIED APPLICATION COUNSELOR GRANTEES. Section 1311(i) of the Patient Protection and Affordable Care Act (42 U.S.C. 13031(c)) is amended by adding at the end the following: ``(7) Public availability of list of navigators.--Not later than 5 days after the date of enactment of the Exchange Information Disclosure Act, the Secretary shall make available to Congress, State attorneys general, State insurance commissioners, and the public a list of all navigators and certified application counselors that have been trained and certified by Exchanges, including contact information for all navigator entities and their partner organizations, including subcontractors. Such list shall be updated by the Secretary on a weekly basis through March 31, 2015.''. SEC. 4. DISCLOSURE OF CERTIFIED AGENTS AND BROKERS. Section 1312(e) of the Patient Protection and Affordable Care Act (42 U.S.C. 18032(e)) is amended by adding at the end the following flush sentence: ``Not later than 5 days after the date of the enactment of the Exchange Information Disclosure Act, the Secretary shall make available on the Internet website maintained by the Federal Government for health insurance coverage (healthcare.gov or any subsequent Internet site (or sites) that is established in whole or in part by the Federal Government to facilitate enrollment in qualified health plans, the receipt of tax credits or cost sharing reduction assistance, or comparisons of available qualified health plans) a list of all agents and brokers who have been trained and certified by the Federal Exchange, including their name, business address (if available), and phone number. Such list shall be updated on a weekly basis through March 31, 2015.''. | Exchange Information Disclosure Act - Amends the Patient Protection and Affordable Care Act to expand reporting requirements related to health care exchanges. Requires the Secretary of Health and Human Services (HHS) to publish reports weekly through March 31, 2015, on: (1) consumer interactions with healthcare.gov or subsequent sites and any efforts undertaken to remedy problems that impact taxpayers and consumers, (2) calls to the federal customer service call center, including the number of calls received by the call center, problems identified by users, and referrals of those calls; (3) all navigators and certified application counselors that have been trained and certified by health care exchanges; and (4) all agents and brokers who have been trained and certified by the federal health care exchange. |
SECTION 1. DEFINITION OF AFFECTED AREA TO INCLUDE ADDITIONAL DOWNWIND AREA EXPOSED TO IONIZING RADIATION (NUCLEAR FALLOUT). Section 4(b)(1) of the Radiation Exposure Compensation Act (42 U.S.C. 2210 note) is amended-- (1) by striking ``and'' at the end of subparagraph (B); and (2) by adding at the end the following: ``(D) the Territory of Guam; and''. SEC. 2. FINDINGS. Congress finds the following: (1) The United States conducted testing of atomic nuclear weapons on Enewetak and Bikini Atolls in the Marshall Islands, from 1946 to 1962. A total of sixty-seven (67) atomic and thermonuclear bombs were detonated which resulted in fallout across a wide area in the Pacific. (2) The Atomic Energy Commission detonated sixty-seven (67) nuclear devices with a total yield of one hundred eight thousand four hundred ninety-two point two (108,492.2) kilotons in or around the Marshall Islands. (3) There were at least ten (10) detonations that had a yield necessary of five (5) to ten (10) megatons to project material from the center of the explosion to the height of between twelve (12) to fifty-five (55) miles into the jet- stream. (4) On October 31, 1952 (GMT), the first true H-Bomb, Ivy Mike was detonated at Elugelab (``Flora'') Island, Enewetak Atoll. The 10.4 megaton device was the fourth largest device ever tested by the United States. The mushroom cloud climbed to 57,000 feet in only 90 seconds entering the stratosphere. One minute later it reached 108,000 feet, eventually stabilizing at a ceiling of 120,000 feet. Half an hour after the test, the mushroom stretched sixty (60) miles across, with the base of the mushroom head joining the stem at 45,000 feet. (5) On April 27, 2005, the National Research Council of the National Academies submitted to Congress a report on the Assessment of the Scientific Information for the Radiation Exposure Screening and Education Program. (6) The National Research Council stated in their report on ``ADDITIONAL POPULATIONS ENVIRONMENTALLY AT RISK FOR RADIATION EXPOSURE'', Nuclear Testing: Downwinders and Onsite Participants, that the Committee to Assess the Scientific Information for the Radiation Exposure Screening and Education Program reviewed the locations where nuclear-weapons tests were performed, and that ``The current RECA downwinder population is concentrated in the area around the NTS, and the 1997 NCI 131 I report (NCI, 1997) dealt with emissions from the NTS. In RECA, Congress found that fallout from atmospheric nuclear tests exposed people to radiation that is presumed to have caused an excess of cancer and that this risk was borne by these people to serve the national security interests of the United States. The United States has conducted nuclear-weapons tests in areas other than NTS, and populations exposed to fallout from these tests may also be considered as possible candidates for RECA compensation, if Congress so chooses. The tests in question include the Trinity test near Alamogordo, New Mexico, and the Pacific tests. Onsite participants in the tests are already included under RECA, but RECA coverage may be extended to the downwinder populations in those areas. Over the last several years, there has been a concern about the health effects associated with radioactive fallout that reached Guam during the testing of nuclear weapons in Micronesia. The Pacific Association for Radiation Survivors was formed. In 2002, a blue ribbon panel, authorized by the Government of Guam, submitted the Committee Action Report on Radioactive Contamination in Guam between 1946 and 1958.''. (7) The National Research Council's assessment and recommendation for Guam is stated on page 200 of the ``Assessment of the Scientific Information for the Radiation Exposure Screening and Education Program'', which reads: ``Conclusions. As a result of its analysis, the committee concludes that Guam did receive measurable fallout from atmospheric testing of nuclear weapons in the Pacific. Residents of Guam during that period should be eligible for compensation under RECA in a way similar to that of persons considered to be downwinders.''. (8) In 1974, the Laboratory of Radiation Ecology began a program to determine the radionuclides found in food, plants, animals, and soils of the Central Pacific. As part of this program, the study was undertaken to determine the radionuclides found in common foods and soils in Guam. All samples were analyzed for gamma-emitting radionuclides while some were also analyzed for Strontium 90 or Plutonium 239,240. Cesium 137,210 PB and 235 U were also on the soil on Guam. ``Plants; Most values of 137 Cs were less than 1 pCi/g, but a value of 18. pCi/g was measured in the edible portion of a pandanus fruit from Guam. The inedible portion of this fruit also had a high 137 Cs value, 16 pCi/g.''. SEC. 3. ELIGIBILITY TO FILE A CLAIM BASED ON PRESENCE DURING PERIOD OF TESTING. (a) Claims Relating to Leukemia.--Section 4(a)(1)(A)(i) of the Radiation Exposure Compensation Act (42 U.S.C. 2210 note) is amended-- (1) in subclauses (I) and (II), by inserting ``described in subparagraph (A), (B), or (C) of subsection (b)(1)'' after ``affected area''; (2) in subclause (II)-- (A) by striking ``in the'' before ``affected area'' and inserting ``in an''; and (B) by striking ``or'' at the end; (3) by redesignating subclause (III) as subclause (V); and (4) by inserting after subclause (II) the following: ``(III) was physically present in the affected area described in subsection (b)(1)(D) for a period of at least 1 year during the period beginning on June 30, 1946, and ending on November 30, 1974; ``(IV) was physically present in the affected area described in subsection (b)(1)(D) for the period beginning on June 30, 1946, and ending on November 30, 1974;''. (b) Claims Relating to Specified Diseases.--Section 4(a)(2) of the Radiation Exposure Compensation Act (42 U.S.C. 2210 note) is amended-- (1) in subparagraphs (A) and (B)-- (A) by striking ``in the'' before ``affected area'' and inserting ``in an''; and (B) by inserting ``described in subparagraph (A), (B), or (C) of subsection (b)(1)'' after ``affected area''; (2) in subparagraph (B), by striking ``or'' at the end; (3) by redesignating subparagraph (C) as subparagraph (E); and (4) by inserting after subparagraph (B) the following: ``(C) was physically present in the affected area described in subsection (b)(1)(D) for a period of at least 2 years during the period beginning on June 30, 1946, and ending on November 30, 1974. ``(D) was physically present in the affected area described in subsection (b)(1)(D) for the period beginning on June 30, 1946, and ending on November 30, 1974.''. SEC. 4. AMENDMENTS TO RECA. (a) Additional Relief.--Section 4 of the Radiation Exposure Compensation Act (42 U.S.C. 2210 note) is amended by adding at the end the following: ``(c) Additional Relief.-- ``(1) Other areas.-- ``(A) In general.--An individual who resided in the Territory of Guam not covered under subsection (b)(1)(D) during the time period described in subsection (a)(1)(A)(i) may apply for compensation under this Act. ``(B) Procedure.--The National Cancer Institute, in collaboration with the Centers for Disease Control and Prevention, shall evaluate whether an individual submitting an application under subparagraph (A) is eligible for compensation under this Act on a case-by- case basis. ``(2) Other expenses.--An individual who is eligible for compensation under subsection (b)(1)(D) or paragraph (1) shall also receive compensation from the Fund for the costs of screening, complications of screening, follow-up referrals, work-up diagnosis, and treatment related to the specific disease contracted by the individual.''. SEC. 5. EDUCATION PROGRAM. The Health Resources and Services Administration shall conduct an enhanced program of education and communication about the health risks posed by ionizing radiation exposure from fallout from the United States nuclear-weapons testing. | Amends the Radiation Exposure Compensation Act to include the Territory of Guam among the affected areas for which health claims relating to atmospheric nuclear testing are allowed. Sets forth periods of required presence during testing periods for persons in Guam filing leukemia or specified disease claims. Authorizes assistance for residents of Guam not otherwise covered, to be determined on a case-by-case basis by the National Cancer Institute. Makes covered individuals eligible for the costs of screening, follow-up referrals, work-up diagnosis, and disease-specific treatment. Directs the Health Resources and Services Administration to conduct an education program about the health risks of fallout exposure from the U.S. nuclear-weapons testing. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Thermal Energy Cooling and Heating Act of 2009''. SEC. 2. CREDIT FOR QUALIFIED DISTRIBUTED THERMAL STORAGE PROPERTY INSTALLED IN A PRINCIPAL RESIDENCE. (a) In General.--Subsection (a) of section 25D of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of paragraph (4), by striking the period at the end of paragraph (5) and inserting ``, and'', and by adding at the end the following new paragraph: ``(6) 30 percent of the qualified distributed thermal energy storage property expenditures made by the taxpayer during such year.''. (b) Qualified Distributed Thermal Energy Storage Property Expenditure.--Section 25D(d) of such Code is amended by adding at the end the following new paragraph: ``(6) Qualified distributed thermal energy storage property expenditure.--The term `qualified distributed thermal energy storage property expenditure' means an expenditure for qualified distributed thermal energy storage property (as defined in section 48(e)) installed on or in connection with a dwelling unit located in the United States and used as a principal residence (within the meaning of section 121) by the taxpayer.''. (c) Modification of Maximum Credit.-- (1) In general.--Paragraph (1) of section 25D(b) of such Code is amended by striking ``and'' at the end of subparagraph (B), by striking the period at the end of subparagraph (C), and by adding at the end the following new subparagraphs: ``(D) $500 with respect to each half kilowatt of peak demand reduction (as defined in section 48(e)(3)) by cooling systems which are qualified distributed thermal energy storage property (as defined in section 48(e)) for which qualified distributed thermal energy storage property expenditures are made, and ``(E) $150 for each nameplate kilowatt input of thermal heat storage by heating systems which are qualified distributed thermal energy storage property (as defined in section 48(e)) for which qualified distributed thermal energy storage property expenditures are made.''. (2) Conforming amendments.--Paragraph (4) of section 25D(e) of such Code is amended-- (A) by amending so much of such paragraph as precedes subparagraph (B) to read as follows: ``(4) Limitations in case of joint occupancy.--In the case of any dwelling unit which is jointly occupied and used during any calendar year as a residence by two or more individuals the following rules shall apply: ``(A) Maximum expenditures.--The maximum amount of expenditures which may be taken into account under subsection (a) by all such individuals with respect to such dwelling unit during such calendar year shall be-- ``(i) $1,667 in the case of each half kilowatt of capacity of qualified fuel cell property (as defined in section 48(c)(1)) for which qualified fuel cell property expenditures are made, ``(ii) $1,667 in case of each half kilowatt of peak demand reduction (as defined in section 48(e)(3)) by cooling systems which are qualified distributed thermal energy storage property (as defined in section 48(e)) for which qualified distributed thermal energy storage property expenditures are made, and ``(iii) $333 in the case of each nameplate kilowatt input of thermal heat storage by heating systems which are qualified distributed thermal energy storage property (as defined in section 48(e)) for which qualified distributed thermal energy storage property expenditures are made.'', and (B) by adding at the end of subparagraph (B) the following: ``This subparagraph shall be applied separately with respect to qualified fuel cell property expenditures, qualified distributed thermal energy storage property expenditures with respect cooling systems, and qualified distributed thermal energy storage property with respect to heating systems.''. (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. 3. BUSINESS CREDIT FOR QUALIFIED DISTRIBUTED THERMAL ENERGY STORAGE PROPERTY. (a) In General.--Subparagraph (A) of section 48(a)(3) of the Internal Revenue Code of 1986 is amended by deleting ``or'' at the end of clause (vi), by inserting ``or'' at the end of clause (vii), and by inserting clause (vii) the following new clause: ``(viii) qualified distributed thermal energy storage property but only with respect to periods ending before January 1, 2017,''. (b) 30 Percent Credit.--Clause (i) of section 48(a)(2)(A) of such Code is amended by striking ``and'' at the end of subclause (III) and by inserting after subclause (IV) the following new subclause: ``(V) qualified distributed thermal energy storage property, and''. (c) Qualified Distributed Thermal Energy Storage Property.--Section 48 of such Code is amended by adding at the end the following new subsection: ``(e) Qualified Distributed Thermal Energy Storage Property.--For the purposes of this section: ``(1) In general.--The term `qualified distributed thermal energy storage property' means a heating or cooling system which-- ``(A) consists of mechanical thermal heat storage or cooling storage components which are designed to create, store, and supply off peak or renewable electric distributed thermal energy or to reduce or avoid peak electrical demand of conventional mechanical cooling or heating equipment, ``(B) has a nameplate operational capability to deliver a minimum of 29,000 Btu per hour of cooling capacity or a minimum of installed nameplate thermal heat storage capacity of 85,000 Btu, ``(C) is designed to deliver such cooling capacity for a minimum continuous period of 3 hours, available daily from May 1 through September 30, or a minimum of 15,000 Btu per hour of heating capacity for a minimum continuous period of 3 hours, available daily from October 1 through April 30, coincident with daytime peak load periods, ``(D) is designed so as to utilize off-peak or renewable electricity or reduce peak kilowatt demand by 90 percent for the heating and cooling load served, and ``(E) is certified by the manufacturer as designed so as not to exceed the energy consumption of conventional HVAC equipment by more than 10 percent. ``(2) Inclusion of related equipment.--Such term shall include any secondary components which integrate the distributed thermal energy storage system described in paragraph (1) with the conventional heating or cooling system, including equipment and controls for measuring and reporting operation and performance, but shall not include any portion of the conventional heating or cooling system. ``(3) Limitation.-- ``(A) In general.--In case of qualified distributed thermal energy storage property placed in service during the taxable year, the credit otherwise determined under this section for such year with respect to such property shall not exceed an amount equal to $500 for each 0.5 kilowatt of peak demand reduction for property placed in service for cooling or $150 for each nameplate kilowatt input for property placed in service for heating. ``(B) Peak demand reduction.--For purposes of this subsection, the term `peak demand reduction' means the removal or avoidance of electrical demand (kW) on the utility grid system during the daily time period of high electrical demand. The peak demand reduction for air conditioning property shall be determined based on Energy Efficiency Ratio (EER) standards for residential and commercial air conditioning equipment, established under the Energy Policy and Conservation Act of 1975.''. (d) Effective Date.--The amendments made by this Act shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 4. QUALIFIED DISTRIBUTED THERMAL ENERGY STORAGE PROPERTY MADE ELIGIBLE FOR NEW CLEAN RENEWABLE ENERGY BONDS. (a) In General.--Paragraph (1) of section 54C(d) of the Internal Revenue Code of 1986 is amended to read as follows: ``(1) Qualified renewable energy facility.--The term `qualified renewable energy facility' means-- ``(A) any qualified facility (as determined under section 45(d) without regard to paragraphs (8) and (10) thereof and to any placed in service date), and ``(B) any qualified distributed thermal energy storage property (as defined in section 48(e)), owned by a public power provider, a governmental body, or a cooperative electric company.''. (b) Effective Date.--The amendments made by this section shall apply to obligations issued after the date of the enactment of this Act. | Thermal Energy Cooling and Heating Act of 2009 - Amends the Internal Revenue Code to allow: (1) a residential energy efficient property tax credit for 30% of expenditures for distributed thermal energy storage property installed in a principal residence; (2) a 30% energy tax credit for investment in qualified distributed thermal storage property prior to 2017; and (3) financing of qualified distributed thermal energy storage property with new clean renewable energy bonds. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Colville National Forest Adaptive Management of Timber Resources Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Forest vegetation on Federal lands in the intermountain West, including eastern Washington and particularly the Colville National Forest in the State of Washington, is in an extremely overstocked condition due to fire exclusion and nonmanagement, resulting in unhealthy, low-vigor stands that are susceptible to disease, insects, and fire. (2) The value of this forest vegetation far exceeds the cost of managing these stands for a healthy, productive ecosystem, but the current regulatory structure of overlapping directives and planning documents hinders management of this forest vegetation in a manner necessary to achieve, simultaneously, healthy and productive ecosystems and community benefits. (3) The current regulatory structure and overall policy direction further hinder the flexibility of the Forest Service to plan and prepare projects that effectively consider local conditions and opportunities or capture market opportunities. (4) Federal budgetary limitations have reduced the trained and experienced Forest Service workforce below the level necessary to plan for and maintain healthy and productive ecosystems. At the same time the Forest Service is forced to spend a disproportionate amount of its resources on planning, with insufficient resources remaining to implement scientifically acceptable forest management activities. (5) Implementation of adaptive management techniques in selected areas of the Colville National Forest will provide a healthy ecosystem, provide for long-term national fiber needs, generate funds in excess of costs, and stimulate the economies of local, resource-dependent communities. (6) The scientific knowledge gained from projects conducted using the adaptive management techniques required under this Act will benefit similar forest stands throughout the intermountain West. (7) The economic knowledge gained from such projects will benefit management projects in all timber stands. SEC. 3. PURPOSES. The purposes of this Act are the following: (1) To combat the adverse human and environmental consequences of catastrophic wildfire, including immediate-term loss of life, vegetation, soil, water, and nearby land use, and long-term loss of land productivity and continuous resource flow. (2) To use a creditable, science-based, adaptive management approach to manage fire-generated, overstocked, small-diameter, stagnated forest stands to improve forest health, meet current and future environmental needs, and provide wood fiber for processing in dependent communities. (3) To demonstrate the cost-effective use of private contractors to perform substantive planning and plan implementation tasks for the Forest Service. SEC. 4. PREPARATION, IMPLEMENTATION, AND EVALUATION OF ADAPTIVE FOREST MANAGEMENT IN COLVILLE NATIONAL FOREST. (a) Adaptive Management Research Plan Required.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Agriculture shall prepare and submit to Congress a research plan, including supporting environmental documents, that provides for the implementation and evaluation of controlled silvicultural treatment in fire-generated, overstocked, small-diameter, stagnated forest stands in designated areas of the Colville National Forest in the State of Washington for the purpose of testing the effect of adaptive management techniques in the treatment of such forest stands. (b) Areas Covered by Plan.--The research plan prepared under subsection (a) shall apply to the following areas of the Colville National Forest: (1) The approximately 110,000 acres of the Colville National Forest identified as economically suited for adaptive management techniques in the Forest Service study of 1989-1994 regarding creating opportunities. (2) Other lands in the Colville National Forest selected by the Secretary as having characteristics similar to the lands identified in paragraph (1). (c) Implementation of Plan.--The Secretary shall implement the research plan prepared under subsection (a) not later than the second full field season beginning after the date of the enactment of this Act. The Secretary may begin an initial demonstration project based on a preliminary draft of the research plan as soon as practicable in an area of approximately 10,000 acres. (d) Use of Private Sector.--Subject to the availability of funds for this purpose under subsection (e), the Secretary may use private contractors, including individuals and groups involved in the preparation of the study referred to in subsection (b)(1), in the preparation and implementation of the research plan required under subsection (a) and in monitoring the effects of the research plan under subsection (i). To the greatest extent practicable, such private contractors shall be selected from communities adversely affected by reductions in the timber sale program of the National Forest System. (e) Funding.-- (1) Establishment of special account.--To fund the preparation and implementation of the research plan required under subsection (a), the Secretary shall establish an account to be known as the ``Ecosystem Adaptive Management Demonstration Account''. (2) Funds for account.--There shall be allocated or transferred to the account the following: (A) A portion of the amount annually allocated to the Colville National Forest pursuant to any other provision of law, to be based on the proportion of the Colville National Forest subject to the research plan. (B) The amounts deposited pursuant to subsection (g)(3). (C) Any amounts borrowed under paragraph (3). (3) Borrowing authority.--To the extent necessary to fund startup costs under the research plan, the Secretary may borrow amounts from salvage sale accounts of the Forest Service or amounts available under the Act of June 9, 1930 (16 U.S.C. 576 et seq; commonly known as the Knutson-Vandenberg Act). The Secretary shall repay amounts borrowed, without interest, using funds deposited in the account under subsection (g)(3). (f) Use of Account.--The Secretary shall use amounts in the special account established under subsection (e) for-- (1) the design and implementation of research projects conducted under the research plan prepared under subsection (a), except that the Secretary shall use funds from other sources to cover any costs related to appeals or litigation concerning those projects; and (2) to the extent amounts remain available in the special account after expenditures under paragraph (1), vegetative management activities, fuels treatment, monitoring, and watershed improvement projects within the areas covered by the research plan. (g) Treatment of Receipts.--Receipts generated from the sale of forest products resulting from silvicultural treatments under the research plan prepared under subsection (a) shall be deposited or utilized as follows: (1) 25 percent shall be deposited in the general fund of the Treasury of the United States as a miscellaneous receipt, pursuant to the procedures specified in the fifth paragraph under the heading ``FOREST SERVICE'' in the Act of March 4, 1907 (34 Stat. 1270; 16 U.S.C. 499), and related laws. (2) 25 percent shall be provided to the State of Washington pursuant to the procedures specified in the sixth paragraph under the heading ``FOREST SERVICE'' in the Act of May 23, 1908 (35 Stat. 260; 16 U.S.C. 500). (3) 50 percent shall be deposited in the special account established under subsection (e). (h) Schedule of Silvicultural Treatments.--Silvicultural treatments under the research plan prepared under subsection (a) shall be conducted during the 10-year period beginning on the date the research plan is first implemented. The total number of acres treated in each of the first 5 years shall not vary by more than 20 percent from \1/10\ of the total acres covered by the research plan. (i) Monitoring and Reports.--The Secretary shall commence monitoring of the effects of research activities under the research plan prepared under subsection (a) immediately after implementation of the research plan. Monitoring activities shall continue for a period of not less than 15 years. At 5-year intervals during the monitoring period, the Secretary shall submit to Congress a report containing the results of the monitoring, findings derived from the research projects under the research plan, and the implications of such findings for management of similar overstocked stands. Each report shall include a detailed accounting of direct costs and returns associated with the implementation of the research plan. | Colville National Forest Adaptive Management of Timber Resources Act - Directs the Secretary of Agriculture to conduct an adaptive forest management research program in Colville National Forest, Washington, which shall include silvicultural treatments. Distributes receipts from related forest product sales among the Treasury, the State of Washington, and the Ecosystem Adaptive Management Demonstration Account established under this Act. Authorizes program use of private sector contractors. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``TARP Accountability Act of 2009''. SEC. 2. ENHANCED REPORTING ON USE OF TARP FUNDS. Section 105 of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5215(a)) is amended-- (1) in subsection (a)-- (A) in paragraph (2), by striking ``and'' at the end; (B) in paragraph (3), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(4) a detailed report on the use of capital investments by each financial institution, including-- ``(A) a narrative response, in a form and on a date to be established by the Secretary, specifically outlining, with respect to the financial institution-- ``(i) the original intended use of the TARP funds; ``(ii) whether the TARP funds are segregated from other institutional funds; ``(iii) the actual use of the TARP funds to date; ``(iv) the amount of TARP funds retained for the purpose of recapitalization; and ``(v) the expected use of the remainder of the TARP funds; ``(B) information compiled by the Secretary under subsection (b); and ``(C) a report, in a form and on a date to be established by the Secretary, on the compliance by the financial institution with the restrictions on dividends, stock repurchases, and executive compensation under the Security Purchase Agreement and executive compensation guidelines of the Department of Treasury.''; (2) by redesignating subsections (b) through (e) as subsections (c) through (f), respectively; and (3) by inserting after subsection (a) the following: ``(b) Information Provided by Financial Institutions.-- ``(1) In general.--For purposes of the report of the Secretary required by subsection (a)(4), financial institutions assisted under this title shall provide to the Secretary the information required by paragraph (2), at such times and in such manner as the Secretary shall establish. ``(2) Information required.--Information required by this paragraph is-- ``(A) for those financial institutions receiving $1,000,000,000 or more from the Capital Purchase Program established by the Secretary (or any successor thereto), a monthly lending and intermediation snapshot, as of a date to be established by the Secretary, which shall include-- ``(i) quantitative information, as well as commentary, to explain changes in lending levels for each category on consumer lending, including first mortgages, home equity lines of credit, open end credit plans (as that term is defined in section 103 of the Truth in Lending Act (15 U.S.C. 1602)), and other consumer lending; ``(ii) quantitative information, as well as commentary, to explain changes in lending levels for each category on commercial lending, including commercial and industrial (C&I) lending and real estate; ``(iii) quantitative information, as well as commentary, to explain changes in lending levels for each category on other lending activities, including mortgage-backed securities, asset-backed securities, and other secured lending; and ``(iv) a narrative report of the intermediation activity during the reporting period, including a general commentary on the lending environment, loan demand, any changes in lending standards and terms, and any other intermediation activity; and ``(B) for those financial institutions receiving less than $1,000,000,000 from the Capital Purchase Program established by the Secretary (or any successor thereto), a lending and intermediation snapshot, as of a date to be established by the Secretary, but not more frequently than once every 90 days, including the information described in clauses (i) through (iv) of subparagraph (A). ``(3) Certification required.--The information submitted to the Secretary under this subsection shall be signed by a duly authorized senior executive officer of the financial institution, including a statement certifying the accuracy of all statements, representations, and supporting information provided, and such certifications shall be included in the reports submitted by the Secretary under subsection (a)(4).''. | TARP Accountability Act of 2009 - Amends the Emergency Economic Stabilization Act of 2008 to require that the Secretary of the Treasury's 30-day Troubled Asset Relief Program (TARP) reports to Congress include information on the use of capital investments by each financial institution. |
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