article
stringlengths 1.21k
19.1k
| summary
stringlengths 52
4.97k
|
|---|---|
SECTION 1. SHORT TITLE. This Act may be cited as the ``Protect Our Citizens from Reckless Extortion of our Debt and Irresponsible Tactics Act of 2018'' or the ``Protect Our CREDIT Act''. SEC. 2. ADDITIONAL PRESIDENTIAL MODIFICATION OF THE DEBT CEILING. (a) In General.--Subchapter I of chapter 31 of subtitle III of title 31, United States Code, is amended-- (1) in section 3101(b), by inserting ``or 3101B'' after ``section 3101A''; and (2) by inserting after section 3101A the following: ``Sec. 3101B. Additional Presidential modification of the debt ceiling ``(a) Definition.--In this section, the term `joint resolution' means only a joint resolution-- ``(1) that is introduced during the period-- ``(A) beginning on the date a certification described in paragraph (1) or (2) of subsection (b) is received by Congress; and ``(B) ending on the date that is 3 legislative days (excluding any day on which it is not in order to introduce resolutions) after the date described in subparagraph (A); ``(2) which does not have a preamble; ``(3) the title of which is only as follows: `Joint resolution relating to the disapproval of the President's exercise of authority to increase the debt limit, as submitted under section 3101B of title 31, United States Code, on ______' (with the blank containing the date of such submission); and ``(4) the matter after the resolving clause of which is only as follows: `That Congress disapproves of the President's exercise of authority to increase the debt limit, as exercised pursuant to the certification submitted under section 3101B(b) of title 31, United States Code, on ______.' (with the blank containing the date of such submission). ``(b) Submissions to Congress.-- ``(1) Annual submission.--Before the beginning of each fiscal year, the President shall submit to Congress a written certification specifying the amount of obligations that are subject to limit under section 3101(b), in addition to the amount of such obligations authorized to be outstanding on the date of the certification, that the President determines it shall be necessary to issue during the next fiscal year to meet existing commitments. ``(2) Submission during fiscal year.--If the President determines during a fiscal year that the debt subject to limit under section 3101(b) is within $250,000,000,000 of such limit and that further borrowing is necessary to meet existing commitments, the President shall submit to Congress a written certification-- ``(A) specifying the amount of obligations that are subject to limit under section 3101(b), in addition to the amount of such obligations authorized to be outstanding on the date of the certification, that the President determines it shall be necessary to issue during the fiscal year to meet existing commitments; and ``(B) containing the reason for any discrepancy from the certification submitted under paragraph (1) for the fiscal year. ``(3) Effect of failure to enact disapproval.--If a joint resolution is not enacted with respect to a certification under paragraph (1) or (2) during the 15-legislative-day period beginning on the date on which Congress receives the certification, the limit under section 3101(b) is increased by the amount specified in the certification. ``(4) Effect of enactment of disapproval.--If a joint resolution is enacted with respect to a certification under paragraph (1) or (2) during the 15-legislative-day period beginning on the date on which Congress receives the certification, the limit under section 3101(b)-- ``(A) shall not be increased by the amount specified in the certification; and ``(B) shall be increased in accordance with subsection (c)(2). ``(c) Suspension for Mid-Year Certification.-- ``(1) In general.--Section 3101(b) shall not apply for the period-- ``(A) beginning on the date on which the President submits to Congress a certification under subsection (b)(2); and ``(B) ending on the earlier of-- ``(i) the date that is 15 legislative days after Congress receives the certification; or ``(ii) the date of enactment of a joint resolution with respect to the certification. ``(2) Special rule relating to obligations issued during suspension period.-- ``(A) In general.--If a joint resolution is enacted with respect to a certification under subsection (b)(2), effective on the day after such date of enactment, the limitation in section 3101(b) is increased to the extent that-- ``(i) the face amount of obligations issued under this chapter and the face amount of obligations whose principal and interest are guaranteed by the United States Government (except guaranteed obligations held by the Secretary of the Treasury) outstanding on the calendar day after such date of enactment, exceeds ``(ii) the face amount of such obligations outstanding on the date on which the President submits the certification. ``(B) Limitation.--An obligation shall not be taken into account under subparagraph (A) unless the issuance of such obligation was necessary to fund a commitment incurred by the Federal Government that required payment during the 15-legislative-day period described in paragraph (1)(B)(i). ``(d) Expedited Consideration in House of Representatives.-- ``(1) Reporting and discharge.--Any committee of the House of Representatives to which a joint resolution is referred shall report it to the House of Representatives without amendment not later than 5 calendar days after the date of introduction of the joint resolution. If a committee fails to report the joint resolution within that period, the committee shall be discharged from further consideration of the joint resolution and the joint resolution shall be referred to the appropriate calendar. ``(2) Proceeding to consideration.--After each committee authorized to consider a joint resolution reports it to the House of Representatives or has been discharged from its consideration, it shall be in order, not later than the sixth day after introduction of the joint resolution, to move to proceed to consider the joint resolution in the House of Representatives. All points of order against the motion are waived. Such a motion shall not be in order after the House of Representatives has disposed of a motion to proceed on a joint resolution addressing a particular submission. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. The motion shall not be debatable. A motion to reconsider the vote by which the motion is disposed of shall not be in order. ``(3) Consideration.--The joint resolution shall be considered as read. All points of order against the joint resolution and against its consideration are waived. The previous question shall be considered as ordered on the joint resolution to its passage without intervening motion except 2 hours of debate equally divided and controlled by the proponent and an opponent. An amendment to the joint resolution or a motion to reconsider the vote on passage of the joint resolution shall not be in order. ``(e) Expedited Procedure in Senate.-- ``(1) Placement on calendar.--Upon introduction in the Senate, a joint resolution shall be immediately placed on the calendar. ``(2) Floor consideration.-- ``(A) In general.--Notwithstanding rule XXII of the Standing Rules of the Senate, it is in order at any time during the period beginning on the day after the date on which Congress receives a certification under paragraph (1) or (2) of subsection (b) and ending on the sixth day after the date of introduction of a joint resolution (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion to proceed is not debatable. The motion is not subject to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the resolution is agreed to, the joint resolution shall remain the unfinished business until disposed of. ``(B) Consideration.--Consideration of the joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between the majority and minority leaders or their designees. A motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution is not in order. ``(C) Vote on passage.--If the Senate has voted to proceed to a joint resolution, the vote on passage of the joint resolution shall occur immediately following the conclusion of consideration of the joint resolution, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate. ``(D) Rulings of the chair on procedure.--Appeals from the decisions of the Chair relating to the application of the rules of the Senate, as the case may be, to the procedure relating to a joint resolution shall be decided without debate. ``(f) Coordination With Action by Other House.-- ``(1) In general.--If, before passing the joint resolution, one House receives from the other a joint resolution-- ``(A) the joint resolution of the other House shall not be referred to a committee; and ``(B) the procedure in the receiving House shall be the same as if no joint resolution had been received from the other House, except that the vote on final passage shall be on the joint resolution of the other House. ``(2) Treatment of joint resolution of other house.--If the Senate fails to introduce or consider a joint resolution under this section, the joint resolution of the House shall be entitled to expedited floor procedures under this section. ``(3) Treatment of companion measures.--If, following passage of the joint resolution in the Senate, the Senate receives the companion measure from the House of Representatives, the companion measure shall not be debatable. ``(4) Consideration after passage.-- ``(A) In general.--If Congress passes a joint resolution, the period beginning on the date the President is presented with the joint resolution and ending on the date the President signs, allows to become law without his signature, or vetoes and returns the joint resolution (but excluding days when either House is not in session) shall be disregarded in computing the legislative day period described in paragraphs (3) and (4) of subsection (b) and subsection (c)(1). ``(B) Debate.--Debate on a veto message in the Senate under this section shall be 1 hour equally divided between the majority and minority leaders or their designees. ``(5) Veto override.--If within the legislative day period described in paragraphs (3) and (4) of subsection (b) and subsection (c)(1), Congress overrides a veto of a joint resolution, except as provided in subsection (c)(2), the limit on debt provided in section 3101(b) shall not be raised under this section. ``(g) Rules of House of Representatives and Senate.--Subsections (a), (d), (e), and (f) (except for paragraphs (4)(A) and (5) of such subsection) are enacted by Congress-- ``(1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution, and it supersedes other rules only to the extent that it is inconsistent with such rules; and ``(2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.''. (b) Conforming Amendment.--The table of sections for chapter 31 of title 31, United States Code, is amended by inserting after the item relating to section 3101A the following: ``3101B. Additional Presidential modification of the debt ceiling.''. | Protect Our Citizens from Reckless Extortion of our Debt and Irresponsible Tactics Act of 2018 or the Protect Our CREDIT Act This bill allows the President to increase the statutory debt limit unless a joint resolution of disapproval is passed by Congress and becomes law. Prior to the beginning of each fiscal year, the President must submit to Congress a certification that specifies the existing debt, the debt limit, and the debt that will be necessary to issue during the next year to meet existing commitments. The debt limit is increased by the proposed amount, unless a joint resolution of disapproval is passed by Congress within 15 days and becomes law. Congress must consider the joint resolution using specified expedited legislative procedures. The President must submit an additional certification to Congress during the year if the debt is within $250 billion of the limit, and further borrowing is necessary to meet existing commitments. The certification must propose a new debt limit for the remainder of the year and explain any discrepancy with the earlier certification. The new debt limit also goes into effect, unless a joint resolution of disapproval is passed by Congress within 15 days and becomes law. The bill suspends the debt limit during the period in which Congress is considering a joint resolution of disapproval after the President has submitted a mid-year certification. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Co-Prescribing to Reduce Overdoses Act of 2016''. SEC. 2. OPIOID OVERDOSE REVERSAL DRUGS PRESCRIBING GRANT PROGRAM. (a) Establishment.-- (1) In general.--Not later than 6 months after the date of the enactment of this Act, the Secretary of Health and Human Services may establish, in accordance with this section, a 5- year opioid overdose reversal drugs prescribing grant program (in this Act referred to as the ``grant program''). (2) Maximum grant amount.--A grant made under this section may not be for more than $200,000 per grant year. (3) Eligible entity.--For purposes of this section, the term ``eligible entity'' means a federally qualified health center (as defined in section 1861(aa) of the Social Security Act (42 U.S.C. 1395x(aa)), an opioid treatment program under part 8 of title 42, Code of Federal Regulations, any practitioner dispensing narcotic drugs pursuant to section 303(g) of the Controlled Substances Act (21 U.S.C. 823(g)), or any other entity that the Secretary deems appropriate. (4) Prescribing.--For purposes of this section and section 3, the term ``prescribing'' means, with respect to an opioid overdose reversal drug, such as naloxone, the practice of prescribing such drug-- (A) in conjunction with an opioid prescription for patients at an elevated risk of overdose; (B) in conjunction with an opioid agonist approved under section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) for the treatment of opioid abuse disorder; (C) to the caregiver or a close relative of patients at an elevated risk of overdose from opioids; or (D) in other circumstances, as identified by the Secretary, in which a provider identifies a patient is at an elevated risk for an intentional or unintentional drug overdose from heroin or prescription opioid therapies. (b) Application.--To be eligible to receive a grant under this section, an eligible entity shall submit to the Secretary of Health and Human Services, in such form and manner as specified by the Secretary, an application that describes-- (1) the extent to which the area to which the entity will furnish services through use of the grant is experiencing significant morbidity and mortality caused by opioid abuse; (2) the criteria that will be used to identify eligible patients to participate in such program; and (3) how such program will work to try to identify State, local, or private funding to continue the program after expiration of the grant. (c) Use of Funds.--An eligible entity receiving a grant under this section may use the grant for any of the following activities, but may use not more than 20 percent of the grant funds for activities described in paragraphs (4) and (5): (1) To establish a program for prescribing opioid overdose reversal drugs, such as naloxone. (2) To train and provide resources for health care providers and pharmacists on the prescribing of opioid overdose reversal drugs, such as naloxone. (3) To establish mechanisms and processes for tracking patients participating in the program described in paragraph (1) and the health outcomes of such patients. (4) To purchase opioid overdose reversal drugs, such as naloxone, for distribution under the program described in paragraph (1). (5) To offset the co-pays and other cost sharing associated with opioid overdose reversal drugs, such as naloxone, to ensure that cost is not a limiting factor for eligible patients. (6) To conduct community outreach, in conjunction with community-based organizations, designed to raise awareness of prescribing practices, and the availability of opioid overdose reversal drugs, such as naloxone. (7) To establish protocols to connect patients who have experienced a drug overdose with appropriate treatment, including medication assisted treatment and appropriate counseling and behavioral therapies. (d) Evaluations by Recipients.--As a condition of receipt of a grant under this section, an eligible entity shall, for each year for which the grant is received, submit to the Secretary of Health and Human Services information on appropriate outcome measures specified by the Secretary to assess the outcomes of the program funded by the grant, including-- (1) the number of prescribers trained; (2) the number of prescribers who have co-prescribed an opioid overdose reversal drug, such as naloxone, to at least one patient; (3) the total number of prescriptions written for opioid overdose reversal drugs, such as naloxone; (4) the percentage of patients at elevated risk who received a prescription for an opioid overdose reversal drug, such as naloxone; (5) the number of patients reporting use of an opioid overdose reversal drug, such as naloxone; and (6) any other outcome measures that the Secretary deems appropriate. (e) Reports by Secretary.--For each year of the grant program under this section, the Secretary of Health and Human Services shall submit to the appropriate committees of the House of Representatives and of the Senate a report aggregating the information received from the grant recipients for such year under subsection (d) and evaluating the outcomes achieved by the programs funded by grants made under this section. SEC. 3. PROVIDING INFORMATION TO PRESCRIBERS IN CERTAIN FEDERAL HEALTH CARE AND MEDICAL FACILITIES ON BEST PRACTICES FOR PRESCRIBING OPIOID OVERDOSE REVERSAL DRUGS. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary of Health and Human Services (in this section referred to as the ``Secretary'') may, as appropriate, provide information to prescribers within federally qualified health centers (as defined in paragraph (4) of section 1861(aa) of the Social Security Act (42 U.S.C. 1395x(aa))), and the health care facilities of the Indian Health Service, on best practices for prescribing opioid overdose reversal drugs, such as naloxone, for patients receiving chronic opioid therapy, patients being treated for opioid use disorders, and other patients that a provider identifies as having an elevated risk of overdose from heroin or prescription opioid therapies. (b) Not Establishing a Medical Standard of Care.--The information on best practices provided under this section shall not be construed as constituting or establishing a medical standard of care for prescribing opioid overdose reversal drugs, such as naloxone, for patients described in subsection (a). (c) Elevated Risk of Overdose Defined.--In this section, the term ``elevated risk of overdose'' has the meaning given such term by the Secretary, which-- (1) may be based on the criteria provided in the Opioid Overdose Toolkit published by the Substance Abuse and Mental Health Services Administration (SAMHSA); and (2) may include patients on a first course opioid treatment, patients using extended-release and long-acting opioid analgesics, and patients with a respiratory disease or other co-morbidities. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $5,000,000 for the period of fiscal years 2017 through 2021. SEC. 5. CUT-GO COMPLIANCE. Subsection (f) of section 319D of the Public Health Service Act (42 U.S.C. 247d-4) is amended by inserting before the period at the end the following: ``(except such dollar amount shall be reduced by $5,000,000 for fiscal year 2018)''. Passed the House of Representatives May 11, 2016. Attest: KAREN L. HAAS, Clerk. | Co-Prescribing to Reduce Overdoses Act of 2016 (Sec. 2) This bill permits the Department of Health and Human Services (HHS) to establish a grant program to support prescribing opioid overdose reversal drugs, such as naloxone, for patients at an elevated risk of overdose, including patients prescribed an opioid. (Opioids are drugs with effects similar to opium, such as heroin and certain pain medications.) Grant recipients may use the funds to purchase opioid overdose reversal drugs, establish a program for prescribing such drugs, train health care providers and pharmacists, track patients and outcomes, offset patient cost sharing, conduct community outreach, and connect patients to treatment. (Sec. 3) HHS may provide information to prescribers in federally qualified health centers and Indian Health Service facilities on best practices for prescribing opioid overdose reversal drugs for patients at an elevated risk of overdose. (Sec. 4) This bill amends the Public Health Service Act to reduce, as an offset, the authorization of appropriations for Centers for Disease Control and Prevention facilities for FY2018. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission on Elections Procedures Act''. SEC. 2. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is established a commission to be known as the Commission on Elections Procedures (hereafter in this Act referred to as the ``Commission''). (b) Purpose.--The purpose of the Commission shall be to study Federal, State, and local electoral processes and to make recommendations on the implementation of standardized voting procedures, including standardized technology, for Federal, State, and local elections. SEC. 3. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 10 members who shall be appointed as follows: (1) 2 shall be appointed by the President. (2) 2 shall be appointed by the majority leader of the Senate. (3) 2 shall be appointed by the minority leader of the Senate. (4) 2 shall be appointed by the Speaker of the House of Representatives. (5) 2 shall be appointed by the minority leader of the House of Representatives. (b) Qualifications of Members.--Members shall be appointed to the Commission from among individuals who have expertise in election laws, the United States Constitution, and the history of the United States, or other pertinent qualifications or experience. (c) Terms.--Members of the Commission shall be appointed not later than 60 days after the date of enactment of this Act. Appointments shall be for the life of the Commission. (d) Vacancies.--A vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (e) Meetings.-- (1) Initial meeting.--Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (2) Additional meetings.--The Commission shall meet at the call of the Chairperson or a majority of its members. (f) Chairperson and Vice Chairperson.--The members of the Commission shall select a Chairperson and Vice Chairperson from among its members. (g) Quorum.--A majority of the Commission shall constitute a quorum for the transaction of business. SEC. 4. DUTIES OF THE COMMISSION. (a) In General.--The Commission shall examine the nature and consequences of Federal, State, and local government electoral processes and make recommendations on its findings. (b) Specific Issues To Be Addressed.--Among other electoral issues the Commission determines are relevant, the Commission shall examine and report to the President, the Congress, and the Federal Election Commission on the following issues: (1) Voting procedures in Federal, State, and local government elections. (2) Legislation and regulatory efforts that affect voting procedures issues. (3) The implementation of standardized voting procedures, including standardized technology for Federal, State and local government elections. (c) Final Report.--Not later than 12 months after the date of the initial meeting of the Commission, the Commission shall submit to the President, the Congress, and the Federal Election Commission a final report which includes an analysis of the matters discussed under subsection (b) and recommendations for addressing the problems identified as part of the Commission's analysis. (d) Separate Views.--Any member of the Commission may submit additional findings and recommendations as part of the final report. SEC. 5. POWERS OF THE COMMISSION. (a) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission may find advisable to fulfill the requirements of this Act. The Commission may administer oaths and affirmations to witnesses appearing before the Commission. (b) Information From Federal Agencies.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out the provisions of this Act. Upon request of the chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission. (c) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (d) Administrative Support Services.--Upon the request of the Chairperson of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services that are necessary to enable the Commission to carry out its duties under this Act. SEC. 6. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.--Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (b) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter 1 of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (c) Staff.--(1) The chairperson of the Commission may appoint and terminate staff of the Commission, request the detail of Federal employees, and accept temporary and intermittent services in accordance with section 3161 of title 5, United States Code. (2) The employment of an executive director of the Commission shall be subject to the approval of the Commission. SEC. 7. TERMINATION OF COMMISSION. The Commission shall terminate 30 days after the date on which the Commission submits its report under section 4. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $2,000,000 for the Commission to carry out this Act. | Commission on Elections Procedures Act - Establishes the Commission on Elections Procedures to: (1) study Federal, State, and local electoral processes, addressing specified issues; and (2) make recommendations on the implementation of standardized voting procedures. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Silvio O. Conte Disabilities Prevention Act''. SEC. 2. ESTABLISHMENT OF SILVIO O. CONTE DISABILITIES PREVENTION PROGRAM. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by inserting after section 314 the following new section: ``silvio o. conte disabilities prevention program ``Sec. 315. (a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may make grants to and enter into contracts with public and nonprofit private entities for the purpose of carrying out programs for the prevention of disabilities and the prevention of secondary conditions resulting from disabilities. ``(b) Certain Authorized Activities.--With respect to the prevention of disabilities and conditions described in subsection (a), activities for which the Secretary may provide financial assistance under such subsection include-- ``(1) coordinating prevention activities; ``(2) conducting demonstrations and interventions; ``(3) conducting surveillances and studies; ``(4) educating the public; and ``(5) educating and training health professionals (including allied health professionals) and conducting activities to improve the clinical skills of such professionals. ``(c) Priorities.--The Secretary, in consultation with the National Council on Disabilities, shall establish priorities among the activities that are to be carried out under subsection (a). ``(d) Reports to Secretary.--The Secretary may provide financial assistance under subsection (a) only if the applicant involved agrees to submit to the Secretary such reports as the Secretary may require with respect to such assistance. ``(e) Application for Assistance.--The Secretary may provide financial assistance under subsection (a) only if an application for such assistance is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this section. ``(f) Limitation Regarding Education of Health Professionals.--In providing financial assistance under subsection (a), the Secretary may not, for activities described in subsection (b)(5), obligated more than 10 percent of the amounts appropriated under subsection (k) for any fiscal year. ``(g) Technical Assistance.--The Secretary may provide training, technical assistance, and consultations with respect to the planning, development, and operation of any program for the prevention of disabilities or the prevention of secondary conditions resulting from disabilities. ``(h) Provision of Supplies and Services in Lieu of Funds.-- ``(1) In general.--Upon the request of a recipient of financial assistance under subsection (a), the Secretary may, subject to paragraph (2), provide supplies, equipment, and services for the purpose of aiding the recipient in carrying out such subsection and, for such purpose, may detail to the recipient any officer or employee of the Department of Health and Human Services. ``(2) Corresponding reduction in payments.--With respect to a request by a recipient for purposes of paragraph (1), the Secretary shall reduce the amount of payments under subsection (a) to the recipient by an amount equal to the costs of detailing personnel (including pay, allowances, and travel expenses) and the fair market value of any supplies, equipment, or services provided by the Secretary. The Secretary shall, for the payment of expenses incurred in complying with such request, expend the amounts withheld. ``(i) Evaluations and Reports.-- ``(1) Evaluations.--The Secretary shall, directly or through contracts with public or private entities, provide for evaluations of programs carried out pursuant to subsection (a). ``(2) Reports.--Not later than January 31 of 1995 and of every second year thereafter, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives, and to the Committee on Labor and Human Resources of the Senate, a report summarizing evaluations carried out pursuant to paragraph (1). The Secretary shall provide a copy of each such report to the National Council on Disability. ``(j) Definitions.--For purposes of this section: ``(1) The term `financial assistance' means a grant or contract. ``(2) The term `prevention' means activities that address the causes of disabilities and secondary conditions resulting from disabilities, and activities that address the functional limitations involved and the exacerbation of such limitations, including activities that-- ``(A) eliminate or reduce the factors that cause or predispose an individual to disabilities or that increase the prevalence of disabilities; ``(B) increase the early identification of existing problems to eliminate circumstances that create or increase functional limitations; and ``(C) mitigate against the effects of disabilities throughout the life of the individual. ``(k) Authorization of Appropriations.--For the purpose of providing financial assistance under this section, there are authorized to be appropriated $15,000,000 for fiscal year 1994, $20,000,000 for fiscal year 1995, $25,000,000 for fiscal year 1996, and such sums as may be necessary for each of the fiscal years 1997 and 1998.''. Passed the House of Representatives June 14, 1993. Attest: DONNALD K. ANDERSON, Clerk. | Silvio O. Conte Disabilities Prevention Act - Amends the Public Health Service Act to authorize grants and contracts for the prevention of disabilities and the prevention of secondary conditions resulting from disabilities, including through demonstrations and interventions, surveillances and studies, public education, and training health professionals. Authorizes appropriations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Vaccine Price Act of 2004''. SEC. 2. PROHIBITION AGAINST PRICE GOUGING DURING A SHORTAGE OF A COVERED VACCINE. (a) Prohibition.--No person shall introduce or deliver for introduction into interstate commerce any covered vaccine with a price in violation of this section. (b) Unlawful Price.--The price of a covered vaccine is in violation of this section if-- (1) at the time the vaccine is offered for sale at such price-- (A) there is in effect a declaration of a shortage of the vaccine under subsection (c); or (B) the seller knows or has substantial reason to believe there will be a shortage of the vaccine within a period of 60 days, and not later than the end of such period there is in effect a declaration of a shortage of the vaccine under subsection (c); and (2) the price of the vaccine per dose is at least 150 percent of the baseline price of the vaccine per dose (as determined under subsection (d)). (c) Declaration of Vaccine Shortage.--For any period for which the Secretary of Health and Human Services determines there will be a shortage of a covered vaccine, the Secretary may declare a shortage of that vaccine for purposes of this Act. (d) Baseline Price Determination.-- (1) In general.--Subject to paragraph (2), the baseline price of a covered vaccine per dose is-- (A) the average price of the brand of vaccine per dose offered for sale by the seller on the date that is 60 days before the effective date of the applicable declaration under subsection (c); (B) if the seller did not offer for sale the brand of vaccine on the date described in subparagraph (A), the average price of the brand of vaccine per dose offered by the seller during the 12-month period preceding such date; or (C) if the seller did not offer for sale the brand of vaccine on the date described in paragraph (1)(A) or during the period described in paragraph (1)(B), the price determined by the Secretary under paragraph (3). (2) Exception.--If the Secretary finds that the average price of a covered vaccine is substantially different at the time of a declaration of a shortage of that vaccine under subsection (c) than the average price of the vaccine during the 12-month period preceding such declaration because of factors wholly unrelated to the causes of the shortage, the Secretary may determine an appropriate baseline price of the vaccine. (3) Timing of determinations by secretary.--At the time of declaring a shortage of a covered vaccine under subsection (c), the Secretary shall determine an appropriate baseline price of the vaccine per dose for purposes of paragraph (1)(C) and, if applicable, for purposes of paragraph (2). (e) Penalties.-- (1) In general.--Any person who violates subsection (a) shall be imprisoned for not more than 30 days, fined in the amount described in paragraph (2), or both. Each violation of subsection (a) respecting a separate dose of a covered vaccine constitutes a separate offense. (2) Amount.--The amount of a fine under paragraph (1) shall be, for each dose of covered vaccine sold at a price in violation of this section, 3 times the amount of the difference between such price and the applicable baseline price. (f) Citizen Suits.-- (1) In general.--Except as provided in paragraph (2), any person may commence a civil action on his own behalf to compel compliance with subsection (a) against any person (including the United States and any other governmental instrumentality or agency to the extent permitted by the Eleventh Amendment to the Constitution) for any alleged violation of subsection (a). The United States district courts shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to compel compliance with such subsection. (2) Notice required.--No action may be commenced under this subsection-- (A) prior to 30 days after the plaintiff has given notice of the alleged violation (in such manner as the Secretary may require) to the Secretary and to each alleged violator of subsection (a); or (B) if the Secretary or the Attorney General of the United States has commenced and is diligently prosecuting a criminal or civil action in a court of the United States to require each such alleged violator to comply with subsection (a), but in any such civil action in a court of the United States any person may intervene as a matter of right. (3) Intervention.--In any action under this subsection, the Secretary or the Attorney General of the United States, if not a party, may intervene as a matter of right. (4) Award of costs.--The court, in issuing any final order in any action brought under this subsection, may award costs of litigation (including reasonable attorney and expert witness fees) to any party whenever the court determines such an award is appropriate. (g) Action for Damages.--If a person purchases a covered vaccine at a price in violation of this section, the person may bring a civil action against the seller of the vaccine in a district court of the United States to recover-- (1) the amount that is 3 times the amount of the difference between such price and the applicable baseline price; and (2) the costs of the action (including reasonable attorney and expert witness fees). (h) No Preemption.--Nothing in this Act shall be construed as-- (1) affecting the authority of a State to regulate the distribution and sale of vaccines; or (2) restricting the right of any person (or class of persons) under any statute or common law to seek enforcement of a requirement relating to the distribution or sale of a vaccine or to seek any other relief. (i) Definitions.--For purposes of this Act: (1) The term ``covered vaccine'' means a vaccine intended to prevent or mitigate the effects of influenza or any biological terrorist agent. (2) The term ``Secretary'' means the Secretary of Health and Human Services. | Fair Vaccine Price Act of 2004 - Prohibits the sale of any vaccine intended to prevent or mitigate the effects of influenza or any biological terrorist agent at a price per dose of 150 percent or more of the baseline price if: (1) a declared shortage of the vaccine is in effect; or (2) the seller knows or has substantial reason to believe there will be a shortage within 60 days and such a shortage is declared within such time. Allows the Secretary of Health and Human Services to declare a shortage period. Designates as a vaccine's baseline price the average price of the vaccine sold by the seller either during the preceding 60 days or 12 months before the effective date of the shortage declaration. Allows the Secretary to determine an appropriate baseline price of the vaccine if the seller did not sell the vaccine during either such period or if the difference in price is unrelated to the causes of the shortage. Requires the Secretary to determine an appropriate baseline price at the time of declaring a shortage. Sets forth penalties for violations under this Act, including imprisonment and a fine. Allows a person to commence a civil action to compel compliance with, or for damages for violations of, this Act. |
SECTION 1. ASSIGNMENT OR ALIENATION OF PENSION PLANS FOR PAYMENT OF CRIMINAL FINES AND VICTIM RESTITUTION. (a) Amendments to ERISA.-- (1) In general.--Section 206(d) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1056(d)) is amended by adding at the end the following new paragraph: ``(4)(A) Paragraph (1) shall not apply to a qualified criminal restitution order and each pension plan shall provide for payments in accordance with the applicable requirements of a qualified criminal restitution order. ``(B) For purposes of this paragraph, the term `qualified criminal restitution order' means a judgment, order, or decree-- ``(i) which is issued by a Federal or State court in connection with a criminal conviction of a participant under a plan, ``(ii) which imposes a criminal fine on the participant or which requires the participant to make restitution to 1 or more victims of the crime for which convicted, ``(iii)(I) which creates or recognizes a right to attach all or a portion of the benefits payable with respect to the participant under a plan, or ``(II) which creates or recognizes the existence of a victim's right to, or assigns to a victim the right to, receive all or a part of those benefits, and ``(iv) with respect to which the requirements of subparagraphs (C) and (D) of paragraph (3) are met (determined after application of paragraph (3)(E)), except that in applying such subparagraphs, the term `criminal restitution order' shall be substituted for the term `domestic relations order'. ``(C) The requirements of subparagraphs (G), (H), and (I) of paragraph (3) shall apply to any plan administrator or fiduciary of a plan to which this paragraph applies. ``(D) Rules similar to the rules of subparagraph (J) and (N) of paragraph (3) shall apply for purposes of this paragraph.'' (2) Preemption.--Paragraph (7) of section 514(b) of such Act (29 U.S.C. 1144(b)(7)) is amended by inserting ``or to qualified criminal restitution orders (within the meaning of section 206(d)(3)(B))'' before the period at the end. (b) Amendments to Internal Revenue Code of 1986.-- (1) In general.--Paragraph (13) of section 401(a) of the Internal Revenue Code of 1986 (relating to assignment of benefits) is amended by adding at the end the following new subparagraph: ``(C) Special rules for criminal restitution orders.--Subparagraph (A) shall not apply to a qualified criminal restitution order (within the meaning of section 414(u)).'' (2) Qualified criminal restitution order.--Section 414 of such Code is amended by adding at the end the following new subsection: ``(u) Qualified Criminal Restitution Order.--For purposes of this title-- ``(1) In general.--The term `qualified criminal restitution order' means a judgment, order, or decree-- ``(A) which is issued by a Federal or State court in connection with a criminal conviction of a participant under a plan, ``(B) which imposes a criminal fine on the participant or which requires the participant to make restitution to 1 or more victims of the crime for which convicted, ``(C)(i) which creates or recognizes a right to attach all or a portion of the benefits payable with respect to the participant under a plan, or ``(ii) which creates or recognizes the existence of a victim's right to, or assigns to a victim the right to, receive all or a part of those benefits, and ``(D) with respect to which the requirements of paragraphs (2) and (3) of subsection (p) are met (determined after application of subsection (p)(4)), except that in applying such paragraphs, the term `criminal restitution order' shall be substituted for the term `domestic relations order'. ``(2) Plan and fiduciary.--The provisions of paragraphs (6) and (7) of subsection (p) shall apply to any plan administrator or fiduciary of a plan to which this paragraph applies. ``(3) Special rules.--Rules similar to the rules of paragraphs (9), (10), (11), and (12) of subsection (p) shall apply for purposes of this subsection.'' (3) Tax treatment of distributions.-- (A) Section 402(e)(1) is amended by adding the end the following new subparagraph: ``(C) Criminal restitution orders.--Rules similar to the rules of subparagraphs (A) and (B) shall apply to payments or distributions to victims of a criminal offense pursuant to a qualified criminal restitution order described in section 414(u).'' (B) Section 72(m)(10) is amended-- (i) by adding at the end the following new sentence: ``The preceding sentence shall also apply to payments or distributions made to victims of a criminal offense pursuant to a qualified criminal restitution order described in section 414(u).'', and (ii) by inserting ``or qualified criminal restitution orders'' after ``orders'' in the heading. (C) Subparagraph (J) of section 402(d)(4) is amended by adding at the end the following new sentence: ``This subparagraph shall also apply to any distributions or payments to victims of a criminal offense pursuant to a qualified criminal restitution order described in section 414(u).'' (c) Effective Date.--The amendments made by this section shall apply to qualified criminal restitution orders issued on and after the date of the enactment of this Act. | Amends the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code to provide that certain restrictions on the assignment or alienation of pension plan benefits shall not apply to court-ordered criminal fines or victim restitution. |
SECTION 1. COMMERCIAL SPACE LAUNCH AMENDMENTS. (a) Amendments.--Chapter 701 of title 49, United States Code, is amended-- (1) in the table of sections-- (A) by amending the item relating to section 70104 to read as follows: ``70104. Restrictions on launches, operations, and reentries.''; (B) by amending the item relating to section 70108 to read as follows: ``70108. Prohibition, suspension, and end of launches, operation of launch sites and reentry sites, and reentries.''; and (C) by amending the item relating to section 70109 to read as follows: ``70109. Preemption of scheduled launches or reentries.''; (2) in section 70101-- (A) by inserting ``microgravity research,'' after ``information services,'' in subsection (a)(3); (B) by inserting ``, reentry,'' after ``launching'' both places it appears in subsection (a)(4); (C) by inserting ``, reentry vehicles,'' after ``launch vehicles'' in subsection (a)(5); (D) by inserting ``and reentry services'' after ``launch services'' in subsection (a)(6); (E) by inserting ``, reentries,'' after ``launches'' both places it appears in subsection (a)(7); (F) by inserting ``, reentry sites,'' after ``launch sites'' in subsection (a)(8); (G) by inserting ``and reentry services'' after ``launch services'' in subsection (a)(8); (H) by inserting ``reentry sites,'' after ``launch sites,'' in subsection (a)(9); (I) by inserting ``and reentry site'' after ``launch site'' in subsection (a)(9); (J) by inserting ``, reentry vehicles,'' after ``launch vehicles'' in subsection (b)(2); (K) by striking ``launch'' in subsection (b)(2)(A); (L) by inserting ``and reentry'' after ``conduct of commercial launch'' in subsection (b)(3); (M) by striking ``launch'' after ``and transfer commercial'' in subsection (b)(3); and (N) by inserting ``and development of reentry sites,'' after ``launch-site support facilities,'' in subsection (b)(4); (3) in section 70102-- (A) by striking ``and any payload'' and inserting in lieu thereof ``or reentry vehicle and any payload from Earth'' in paragraph (3); (B) by inserting ``or reentry vehicle'' after ``means of a launch vehicle'' in paragraph (8); (C) by redesignating paragraphs (10) through (12) as paragraphs (14) through (16), respectively; (D) by inserting after paragraph (9) the following new paragraphs: ``(10) `reenter' and `reentry' mean to return or attempt to return, purposefully, a reentry vehicle and its payload, if any, from Earth orbit or from outer space to Earth. ``(11) `reentry services' means-- ``(A) activities involved in the preparation of a reentry vehicle and its payload, if any, for reentry; and ``(B) the conduct of a reentry. ``(12) `reentry site' means the location on Earth to which a reentry vehicle is intended to return (as defined in a license the Secretary issues or transfers under this chapter). ``(13) `reentry vehicle' means a vehicle designed to return from Earth orbit or outer space to Earth, or a reusable launch vehicle designed to return from outer space substantially intact.''; and (E) by inserting ``or reentry services'' after ``launch services'' each place it appears in paragraph (15), as so redesignated by subparagraph (C) of this paragraph; (4) in section 70103(b)-- (A) by inserting ``and Reentries'' after ``Launches'' in the subsection heading; (B) by inserting ``and reentries'' after ``space launches'' in paragraph (1); and (C) by inserting ``and reentry'' after ``space launch'' in paragraph (2); (5) in section 70104-- (A) by amending the section designation and heading to read as follows: ``Sec. 70104. Restrictions on launches, operations, and reentries''; (B) by inserting ``or reentry site, or to reenter a reentry vehicle,'' after ``operate a launch site'' each place it appears in subsection (a); (C) by inserting ``or reentry'' after ``launch or operation'' in subsection (a) (3) and (4); (D) in subsection (b)-- (i) by striking ``launch license'' and inserting in lieu thereof ``license''; (ii) by inserting ``or reenter'' after ``may launch''; and (iii) by inserting ``or reentering'' after ``related to launching''; and (E) in subsection (c)-- (i) by amending the subsection heading to read as follows: ``Preventing Launches and Reentries.--''; (ii) by inserting ``or reentry'' after ``prevent the launch''; and (iii) by inserting ``or reentry'' after ``decides the launch''; (6) in section 70105-- (A) by inserting ``or a reentry site, or the reentry of a reentry vehicle,'' after ``operation of a launch site'' in subsection (b)(1); and (B) by striking ``or operation'' and inserting in lieu thereof ``, operation, or reentry'' in subsection (b)(2)(A); (7) in section 70106(a)-- (A) by inserting ``or reentry site'' after ``observer at a launch site''; (B) by inserting ``or reentry vehicle'' after ``assemble a launch vehicle''; and (C) by inserting ``or reentry vehicle'' after ``with a launch vehicle''; (8) in section 70108-- (A) by amending the section designation and heading to read as follows: ``Sec. 70108. Prohibition, suspension, and end of launches, operation of launch sites and reentry sites, and reentries''; and (B) in subsection (a)-- (i) by inserting ``or reentry site, or reentry of a reentry vehicle,'' after ``operation of a launch site''; and (ii) by inserting ``or reentry'' after ``launch or operation''; (9) in section 70109-- (A) by amending the section designation and heading to read as follows: ``Sec. 70109. Preemption of scheduled launches or reentries''; (B) in subsection (a)-- (i) by inserting ``or reentry'' after ``ensure that a launch''; (ii) by inserting ``, reentry site,'' after ``United States Government launch site''; (iii) by inserting ``or reentry date commitment'' after ``launch date commitment''; (iv) by inserting ``or reentry'' after ``obtained for a launch''; (v) by inserting ``, reentry site,'' after ``access to a launch site''; (vi) by inserting ``, or services related to a reentry,'' after ``amount for launch services''; and (vii) by inserting ``or reentry'' after ``the scheduled launch''; and (C) in subsection (c), by inserting ``or reentry'' after ``prompt launching''; (10) in section 70110-- (A) by inserting ``or reentry'' after ``prevent the launch'' in subsection (a)(2); and (B) by inserting ``or reentry site, or reentry of a reentry vehicle,'' after ``operation of a launch site'' in subsection (a)(3)(B); (11) in section 70111-- (A) by inserting ``or reentry'' after ``launch'' in subsection (a)(1)(A); (B) by inserting ``and reentry services'' after ``launch services'' in subsection (a)(1)(B); (C) in subsection (a)(1), by inserting after subparagraph (B) the following: ``The Secretary shall coordinate the establishment of criteria and procedures for determining the priority of competing requests from the private sector and State governments for property and services under this section.''; (D) by inserting ``or reentry services'' after ``or launch services'' in subsection (a)(2); (E) by inserting ``or reentry'' after ``commercial launch'' both places it appears in subsection (b)(1); (F) by inserting ``or reentry services'' after ``launch services'' in subsection (b)(2)(C); (G) by striking ``or its payload for launch'' in subsection (d) and inserting in lieu thereof ``or reentry vehicle, or the payload of either, for launch or reentry''; and (H) by inserting ``, reentry vehicle,'' after ``manufacturer of the launch vehicle'' in subsection (d); (12) in section 70112-- (A) by inserting ``or reentry'' after ``one launch'' in subsection (a)(3); (B) by inserting ``or reentry services'' after ``launch services'' in subsection (a)(4); (C) by inserting ``or reentry services'' after ``launch services'' each place it appears in subsection (b); (D) by inserting ``applicable'' after ``carried out under the'' in paragraphs (1) and (2) of subsection (b); (E) by striking ``, Space, and Technology'' in subsection (d)(1); (F) by inserting ``or Reentries'' after ``Launches'' in the heading for subsection (e); and (G) by inserting ``or reentry site or a reentry'' after ``launch site'' in subsection (e); (13) in section 70113(a)(1) and (d)(1) and (2), by inserting ``or reentry'' after ``one launch'' each place it appears; (14) in section 70115(b)(1)(D)(i)-- (A) by inserting ``reentry site,'' after ``launch site,''; and (B) by inserting ``or reentry vehicle'' after ``launch vehicle'' both places it appears; and (15) in section 70117-- (A) by inserting ``or reentry site, or to reenter a reentry vehicle'' after ``operate a launch site'' in subsection (a); (B) by inserting ``or reentry'' after ``approval of a space launch'' in subsection (d); (C) by amending subsection (f) to read as follows: ``(f) Launch Not an Export; Reentry Not an Import.--A launch vehicle, reentry vehicle, or payload that is launched or reentered is not, because of the launch or reentry, an export or import, respectively, for purposes of a law controlling exports or imports.''; and (D) in subsection (g)-- (i) by striking ``operation of a launch vehicle or launch site,'' in paragraph (1) and inserting in lieu thereof ``reentry, operation of a launch vehicle or reentry vehicle, operation of a launch site or reentry site,''; and (ii) by inserting ``reentry,'' after ``launch,'' in paragraph (2). (b) Additional Amendments.--(1) Section 70105 of title 49, United States Code, is amended-- (A) by inserting ``(1)'' before ``A person may apply'' in subsection (a); (B) by striking ``receiving an application'' both places it appears in subsection (a) and inserting in lieu thereof ``accepting an application in accordance with criteria established pursuant to subsection (b)(2)(D)''; (C) by adding at the end of subsection (a) the following new paragraph: ``(2) In carrying out paragraph (1), the Secretary may establish procedures for certification of the safety of a launch vehicle, reentry vehicle, or safety system, procedure, service, or personnel that may be used in conducting licensed commercial space launch or reentry activities.''; (D) by striking ``and'' at the end of subsection (b)(2)(B); (E) by striking the period at the end of subsection (b)(2)(C) and inserting in lieu thereof ``; and''; (F) by adding at the end of subsection (b)(2) the following new subparagraph: ``(D) regulations establishing criteria for accepting or rejecting an application for a license under this chapter within 60 days after receipt of such application.''; and (G) by inserting ``, including the requirement to obtain a license,'' after ``waive a requirement'' in subsection (b)(3). (2) The amendments made by paragraph (1)(B) shall take effect upon the effective date of final regulations issued pursuant to section 70105(b)(2)(D) of title 49, United States Code, as added by paragraph (1)(F) of this subsection. (3) Section 70102(5) of title 49, United States Code, is amended-- (A) by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively; and (B) by inserting before subparagraph (B), as so redesignated by subparagraph (A) of this paragraph, the following new subparagraph: ``(A) activities directly related to the preparation of a launch site or payload facility for one or more launches;''. (4) Section 70111(b) of title 49, United States Code, is amended by inserting after paragraph (2) the following new paragraph: ``(3) The Secretary shall ensure the establishment of uniform guidelines for, and consistent implementation of, this section by all Federal agencies.''. (5) Section 70112 of title 49, United States Code, is amended-- (A) in subsection (a)(1), by inserting ``launch, reentry, or site operator'' after ``(1) When a''; (B) in subsection (b)(1), by inserting ``launch, reentry, or site operator'' after ``(1) A''; and (C) in subsection (f), by inserting ``launch, reentry, or site operator'' after ``carried out under a''. (c) Regulations.--(1) Chapter 701 of title 49, United States Code, is amended by adding at the end the following new section: ``Sec. 70120. Regulations ``The Secretary of Transportation, within 6 months after the date of the enactment of this section, shall issue regulations to carry out this chapter that include-- ``(1) guidelines for industry to obtain sufficient insurance coverage for potential damages to third parties; ``(2) procedures for requesting and obtaining licenses to operate a commercial launch vehicle or reentry vehicle; ``(3) procedures for requesting and obtaining operator licenses for launch or reentry; ``(4) procedures for requesting and obtaining launch site or rentry site operator licenses; and ``(5) procedures for the application of government indemnification.''. (2) The table of sections for such chapter 701 is amended by adding after the item relating to section 70119 the following new item: ``70120. Regulations.''. (d) Report to Congress.--(1) Chapter 701 of title 49, United States Code, is further amended by adding at the end the following new section: ``Sec. 70121. Report to Congress ``The Secretary of Transportation shall submit to Congress an annual report to accompany the President's budget request that-- ``(1) describes all activities undertaken under this chapter, including a description of the process for the application for and approval of licenses under this chapter and recommendations for legislation that may further commercial launches and reentries; and ``(2) reviews the performance of the regulatory activities and the effectiveness of the Office of Commercial Space Transportation.''. (2) The table of sections for such chapter 701 is further amended by adding after the item relating to section 70120, as added by subsection (c)(2) of this section, the following new item: ``70121. Report to Congress.''. | Amends Federal law to include reentry vehicles and related launch operations within the scope of commercial space launch activities. Mandates an annual report. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Law Enforcement Assistance Act of 2001''. SEC. 2. DEFINITIONS. In this Act: (1) Board.--The term ``Board'' means the members of the Board of the Center elected in accordance with the bylaws of the Center. (2) Center.--The term ``Center'' means the National Center for Rural Law Enforcement, a nonprofit corporation located in Little Rock, Arkansas. (3) Executive director.--The term ``Executive Director'' means the Executive Director of the Center as appointed in accordance with the bylaws of the Center. (4) Institutions of higher education.--The term ``institutions of higher education'' has the meaning given the term in section 1201(a) of the Higher Education Act of 1965 (20 U.S.C. 1141(a)). (5) Metropolitan statistical area.--The term ``metropolitan statistical area'' has the same meaning given the term by the Bureau of the Census of the Department of Commerce. (6) Rural area.--The term ``rural area'' means an area that is located outside of a metropolitan statistical area. (7) Rural law enforcement agency.--The term ``rural law enforcement agency'' means a criminal justice or law enforcement agency that serves a county, parish, city, town, township, borough, or village that is located in a rural area. SEC. 3. EDUCATION AND TRAINING PROGRAM GRANTS. (a) Grant Authority.--The Attorney General shall annually make a grant to the National Center for Rural Law Enforcement through the Office of Justice Programs, Bureau of Justice Affairs, if the Executive Director certifies in writing to the Attorney General that the Center-- (1) is incorporated in accordance with applicable State law; (2) is in compliance with the bylaws of the Center; (3) will use amounts made available under this section in accordance with subsection (b); and (4) will not support any political party or candidate for elected or appointed office. (b) Uses of Funds.-- (1) Required uses of funds.--The Center shall use amounts made available under this section to develop an education and training program for criminal justice or law enforcement agencies in rural areas and the employees of those agencies, which shall include-- (A) the development and delivery of management, forensic and computer education and training, technical assistance, and practical research and evaluation for employees of rural law enforcement agencies (including tribal law enforcement agencies and railroad law enforcement agencies), including supervisory and executive managers of those agencies; (B) conducting research into the causes and prevention of criminal activity in rural areas, including the causes, assessment, evaluation, analysis, and prevention of criminal activity; (C) the development and dissemination of information designed to assist States and units of local government in rural areas throughout the United States; (D) the establishment and maintenance of a resource and information center for the collection, preparation, and dissemination of information regarding criminal justice and law enforcement in rural areas, including programs for the prevention of crime and recidivism; and (E) the delivery of assistance, in a consulting capacity, to criminal justice agencies in the development, establishment, maintenance, and coordination of programs, facilities and services, education, training, and research relating to crime in rural areas. (2) Permissive uses of funds.--The Center may use amounts made available under a grant under this section to enhance the education and training program developed under paragraph (1), through-- (A) educational opportunities for rural law enforcement agencies; (B) the development, promotion, and voluntary adoption of educational and training standards and accreditation certification programs for rural law enforcement agencies and the employees of those agencies; (C) grants to, and contracts with, State, and local governments, law enforcement agencies, public and private agencies, educational institutions, and other organizations and individuals to carry out this paragraph; (D) the formulation and recommendation of law enforcement policy, goals, and standards in rural areas applicable to criminal justice agencies, organizations, institutions, and personnel; and (E) coordination with institutions of higher education for the purpose of encouraging and delivering programs of study with those institutions for employees of rural law enforcement agencies. (c) Powers.--In carrying out subsection (b), the Executive Director may-- (1) request the head of any Federal department or agency to detail, on a reimbursable basis, 1 or more employees of the Federal department or agency to the Center to assist the Center in carrying out subsection (b), and any such detail shall be without interruption or loss of civil service status or privilege; (2) request the Administrator of the General Services Administration to provide the Center, on a reimbursable basis, the administrative support services necessary for the Center to carry out subsection (b); and (3) procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates of compensation established by the Board, but not to exceed the daily equivalent of the maximum rate of pay payable for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. (d) Reporting Requirements.--The Executive Director shall annually submit to the Attorney General a report, which shall include-- (1) a description of the education and training program developed under subsection (b); (2) the number and demographic representation of individuals who attended programs sponsored by the Center; (3) a description of the extent to which resources of other governmental agencies or private entities were used in carrying out subsection (b); and (4) a description of the extent to which contracts with other public and private entities were used in carrying out subsection (b). (e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- (1) $13,000,000 for fiscal year 2002; and (2) such sums as may be necessary for each of fiscal years 2003 through 2007. SEC. 4. REGIONAL CENTERS. (a) Establishment.-- (1) In general.--The Center shall establish 8 regional centers, 1 in each geographic region listed in subsection (b) that will be under the supervision, direction, and control of the Center. (2) Requirement.--The 8 regional centers shall be established 2 per year during 2002, 2003, 2004, and 2005. (b) Regions.--For purposes of subsection (a), the regions shall be as follows: (1) Region 1.--Region 1 shall be comprised of the following States-- (A) Connecticut; (B) Maine; (C) Massachusetts; (D) New Hampshire; (E) New York; (F) Rhode Island; and (G) Vermont. (2) Region 2.--Region 2 shall be comprised of the following States-- (A) Delaware; (B) Maryland; (C) New Jersey; (D) Ohio; (E) Pennsylvania; (F) West Virginia; and (G) Virginia. (3) Region 3.--Region 3 shall be comprised of the following States-- (A) Alabama; (B) Florida; (C) Georgia; (D) Mississippi; (E) North Carolina; and (F) South Carolina. (4) Region 4.--Region 4 shall be comprised of the following States-- (A) Iowa; (B) Minnesota; (C) Nebraska; (D) North Dakota; (E) South Dakota; and (F) Wisconsin. (5) Region 5.--Region 5 shall be comprised of the following States-- (A) Arkansas; (B) Illinois; (C) Indiana; (D) Kentucky; (E) Louisiana; (F) Michigan; (G) Missouri; and (H) Tennessee. (6) Region 6.--Region 6 shall be comprised of the following States-- (A) Colorado; (B) Kansas; (C) New Mexico; (D) Oklahoma; and (E) Texas. (7) Region 7.--Region 7 shall be comprised of the following States-- (A) Arizona; (B) California; (C) Nevada; and (D) Utah. (8) Region 8.--Region 8 shall be comprised of the following States-- (A) Alaska; (B) Hawaii; (C) Idaho; (D) Montana; (E) Oregon; (F) Washington; and (G) Wyoming. (c) Funding.-- (1) In general.--All funds for the regional centers shall be distributed by the Center which shall determine the budget base of each regional center based upon the budget request required to be submitted by each regional center under paragraph (2). (2) Budget request.--Each regional center shall submit a budget request to the Center at such time and in such manner as the Executive Director may reasonably require. (d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- (1) $8,000,000 for fiscal year 2002; (2) $16,000,000 for fiscal year 2003; (3) $24,000,000 for fiscal year 2004; (4) $32,000,000 for fiscal year 2005; and (5) such sums as may be necessary for each of fiscal years 2006 and 2007. | Rural Law Enforcement Assistance Act of 2001- Directs the Attorney General, through the Office of Justice Programs, Bureau of Justice Affairs, to make a grant annually to the National Center for Rural Law Enforcement (if the Center's Executive Director makes certain certifications) to be used to develop an education and training program for criminal justice or law enforcement agencies in rural areas. Includes among program purposes: (1) the development and delivery of management, forensic, and computer education and training for employees of such agencies; and (2) the delivery of assistance (in a consulting capacity) to criminal justice agencies in the development and coordination of programs, training, and research relating to crime in rural areas.Permits the Center to use grant funds to enhance the program, including: (1) by providing educational opportunities for rural law enforcement agencies; and (2) through coordination with institutions of higher education to encourage and deliver programs of study with those institutions for employees of such agencies.Directs the Center to establish eight regional centers comprised of specified States. Requires that all funds for such regional centers be distributed by, and each regional center submit a budget request to, the Center. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Services Improvement Act of 1997''. SEC. 2. FINDINGS. The Congress finds that-- (1) historically, Federal programs have addressed the Nation's problems by providing categorical financial assistance with detailed requirements relating to the use of funds; (2) while the assistance described in paragraph (1) has been directed at critical problems, some program requirements may inadvertently impede the effective delivery of services, and the Federal government should exercise leadership in eliminating these impediments; (3) the Nation's State, local, and tribal governments and private, nonprofit organizations are dealing with increasingly complex problems that require the coordinated delivery of many kinds of services; (4) the Nation's communities are diverse, and different needs are present in different communities; and (5) it is more important than ever for the Federal Government to-- (A) review, coordinate, and rationalize rules, regulations and policies governing the range of Federal financial assistance programs; (B) reduce the barriers between programs that impede State, local, and tribal governments' ability to deliver services in a coordinated and effective manner; and (C) promote more effective and efficient local delivery of services. SEC. 3. PURPOSES. The purposes of this Act are to-- (1) remove Federal impediments to coordination of service delivery; (2) enable more efficient use of Federal, State, and local resources through program coordination and reduction of regulation; (3) facilitate cooperation among and coordination of programs operated by State, local, and tribal governments and private, nonprofit organizations; and (4) place less emphasis in Federal service programs on measuring resources and procedures and more emphasis on accountability for achieving policy goals. SEC. 4. DEFINITIONS. For purposes of this Act-- (1) Eligible federal financial assistance program.--The term ``eligible Federal financial assistance program''-- (A) means a Federal program under which financial assistance is available, directly or indirectly, to a State, local, or tribal government or a qualified organization to carry out a specified program; (B) does not include a Federal program under which financial assistance is provided by the Federal Government directly to a beneficiary of that financial assistance, or to a State to provide financial or food voucher assistance directly to a beneficiary (but may include administrative costs for such a program if administrative funding levels are set separately from benefit funding by law or regulation); (C) includes the services portion of a program that provides both direct cash payments and services; and (D) does not include a direct spending program (as defined under the Budget Enforcement Act of 1990 (2 U.S.C. 900(c)(8)). (2) Eligible state, local, or tribal government.--The term ``eligible State, local, or tribal government'' means a State, local, or tribal government that is eligible to receive financial assistance under one or more eligible Federal financial assistance programs; (3) Local government.--The term ``local government'' means-- (A) a subdivision of a State that is a unit of general local government (as defined under section 6501 of title 31, United States Code); (B) any combination of political subdivisions described in subparagraph (A) recognized by the Council; and (C) local education agencies (as defined under section 8801(18) of title 20, United States Code); (4) Qualified organization.--The term ``qualified organization'' means a private, nonprofit organization described in section 501(c)(3) of the Internal Revenue Code of 1986 that is exempt from taxation under section 501(a) of the Internal Revenue Code of 1986; (5) State.--The term ``State'' means each of the 50 States, the District of Columbia, Puerto Rico, American Samoa, Guam, and the Virgin Islands; (6) Qualified consortium.--The term ``qualified consortium'' means a group that-- (A) is composed of any combination of qualified organizations, State agencies, or local agencies that receive federally appropriated funds, and (B) includes representatives from not less than three organizations providing services in not less than three of the following areas: (i) Education. (ii) Head Start. (iii) Child care. (iv) Family support and preservation. (v) Maternal and child health. (vi) Job training. (vii) Housing. (viii) Nutrition. (ix) Juvenile justice. (x) Drug abuse prevention and treatment; and (7) Tribal government.--The term ``tribal government'' means the governing entity of an Indian tribe as defined in the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a), and any amendments to such Act. SEC. 5. ESTABLISHMENT OF FEDERAL COORDINATION COUNCIL. (a) Designation and Membership.--The President shall designate a Federal Coordination Council, in this Act referred to as ``Council'', composed of the following: (1) The Attorney General. (2) The Secretary of Agriculture. (3) The Secretary of Labor. (4) The Secretary of Health and Human Services. (5) The Secretary of Housing and Urban Development. (6) The Secretary of Education. (7) The Director of National Drug Control Policy. (8) The Director of the Office of Management and Budget. (9) Any additional members appointed at the discretion of the President. (b) Chairperson.--The President shall designate a Chair of the Council from among members of the Council. (c) Duties.--The Council shall perform the following functions: (1) Review regulations governing eligible Federal financial assistance programs in the areas listed in section 4(1)(A) and identify more efficient operation and coordination of such programs. (2) Coordinate and assist Federal agencies in eliminating, revising, and coordinating regulations, including regulations with respect to the blending of funds. (3) Coordinate and assist Federal agencies in creating an application to be used to apply for assistance from eligible Federal financial assistance programs in the areas listed in section 4(1)(A). (4) Coordinate and assist Federal agencies in creating a release form to be used by a client to authorize or prohibit service providers, including schools, from sharing information across eligible Federal financial assistance programs. (5) Coordinate and assist agencies in creating a system wherein an organization or consortium of organizations may use one proposal to apply for funding from multiple eligible Federal financial assistance programs. (6) Evaluate current performance standards and evaluation criteria for eligible Federal financial assistance programs, and make specific recommendations to Federal agencies regarding how to revise such standards and criteria in order to establish specific and measurable performance and outcome measures by which program success may be judged and future funding decisions made. (7) Ensure that Federal grants program criteria award priority funding to qualified consortia. (8) Establish interagency teams comprised of staff from the agencies that administer the covered federal financial assistance programs to provide training and technical assistance to assist program coordination. (9) Establish interagency teams to provide outcome-based, cross-program evaluation of coordinated programs. (10) Identify not less than ten qualified consortia to participate in a demonstration program to determine the benefits of the following accountability procedures: (A) The qualified consortium shall select a set of specific and measurable program goals. (B) The qualified consortium shall develop a flexibility and coordination plan to describe-- (i) how the consortium will attain these goals; (ii) how performance will be measured; and (iii) how the consortium will identify subgroups within the community, and collect and maintain data to measure the impact of the plan on individuals, the subgroups, and the community. (d) Reports.-- (1) Not later than one year after the designation of the Council, the Council shall submit to the Congress a report detailing any legislative encumbrances preventing the Council from carrying out its duties. (2) Not later than three years after the designation of the Council, the Council shall submit to the Congress a report detailing any regulations implemented as a result of findings of the Council. SEC. 6. INCENTIVES TO FORM CONSORTIA. (a) Exemption from Requirements.--Notwithstanding any other provision of law, members of a qualified consortium shall be exempted, without any waiver application or approval, but subject to prior notification to the agency administering the affected Federal assistance programs, from meeting requirements or providing services which are met or performed by another member of the consortium, so long as the standards of the requirement or service are met by that other member of the consortium. (b) Retention of Certain Funds.--Any funds which each individual program saves from the program coordination described in subsection (a) may be retained by the consortium in a flexible account which shall be administered in accordance with a memorandum of understanding agreed to by each member of the consortium. Flexible account funds may be used to expand, improve, or otherwise augment services provided by the consortium, consistent with the intent of Federal programs managed by consortium members, including data systems development and joint professional development with staff from other consortium members. (c) Permission to Set Aside Percentage of Funds.--Any agency or organization that is a member of a consortium may at its discretion set aside a maximum of 10 percent of its Federal funds in the flexible account described in subsection (b). (d) Audit of Federal Financial Assistance Programs.--The Federal agencies with jurisdiction over Federal financial assistance programs included in a consortium may designate a cognizant agency to audit flexible fund expenditures. (f) Enforcement of Requirements of Federal Financial Assistance Programs.--The Federal agencies with jurisdiction over Federal financial assistance programs included in a consortium may designate a cognizant agency to enforce the authorization requirements of Federal assistance programs. | Family Services Improvement Act of 1997 - Directs the President to designate a Federal Coordination Council composed of various specified cabinet secretaries and other Federal agency heads to perform a variety of specified functions for the stated purposes of: (1) removing Federal impediments to coordination of service delivery; (2) enabling more efficient use of Federal, State, and local resources through program coordination and reduction of regulation; (3) facilitating cooperation among and coordination of programs operated by State, local, and tribal governments and private, nonprofit organizations; (4) identifying at least ten qualified consortia of such organizations and State or local agencies that receive federally appropriated funds, together with representatives of specified services, to participate in a demonstration program to determine the benefits of specified accountability procedures; and (5) placing less emphasis in Federal service programs on measuring resources and procedures and more emphasis on accountability for achieving policy goals. Requires the Federal Coordination Council to submit to the Congress: (1) not later than one year after the designation of the Council, a report detailing any legislative encumbrances preventing the Council from carrying out its duties; and (2) not later than three years after the designation of the Council, a report detailing any regulations implemented as a result of the Council's findings. |
TITLE I--AMENDMENTS TO NATIONAL FISH AND WILDLIFE FOUNDATION ESTABLISHMENT ACT SEC. 101. SHORT TITLE. This title may be cited as the ``National Fish and Wildlife Foundation Improvement Act of 1993''. SEC. 102. COOPERATIVE PROGRAMS WITH NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. Section 2(b) of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701) is amended by inserting ``and the National Oceanic and Atmospheric Administration'' after ``the United States Fish and Wildlife Service''. SEC. 103. MEMBERSHIP OF BOARD OF DIRECTORS OF FOUNDATION. (a) Consultations Regarding Appointments.-- (1) In general.--Section 3(b) of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3702(b)) is amended by adding at the end the following: ``The Secretary of the Interior shall consult with the Under Secretary of Commerce for Oceans and Atmosphere before appointing any Director of the Board.''. (2) Application.--The amendment made by paragraph (1) shall apply to appointments of Directors of the Board of Directors of the National Fish and Wildlife Foundation made after the date of the enactment of this Act. (b) Expansion of Board.--Section 3(a) of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3702(a)) is amended-- (1) in the matter preceding paragraph (1) by striking ``nine'' and inserting ``15''; and (2) in paragraph (2) by striking ``three'' and inserting ``4''. (c) Initial Terms.--Of the Directors on the Board of Directors of the National Fish and Wildlife Foundation first appointed pursuant to the amendment made by subsection (b)(1), notwithstanding the second sentence of section 3(b) of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3702(b))-- (1) 2 shall be appointed to a term of 2 years; (2) 2 shall be appointed to a term of 4 years; and (3) 2 shall be appointed to a term of 6 years; as specified by the Secretary of the Interior at the time of appointment. (d) Completion of Appointments.--The Secretary of the Interior shall appoint the additional members of the Board of Directors of the National Fish and Wildlife Foundation authorized by the amendment made by subsection (a), by not later than 60 days after the date of the enactment of this Act. (e) Authority of Board Not Affected.--The authority of the Board of Directors of the National Fish and Wildlife Foundation to take any action otherwise authorized by law shall not be affected by reason of the Secretary of the Interior not having completed the appointment of Directors of the Board of Directors of the National Fish and Wildlife Foundation pursuant to the amendment made by subsection (b)(1). SEC. 104. REAUTHORIZATION OF NATIONAL FISH AND WILDLIFE FOUNDATION ESTABLISHMENT ACT. (a) Reauthorization.--Section 10 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3709) is amended-- (1) in subsection (a) by striking ``not to exceed $15,000,000'' and all that follows through the end of the sentence and inserting ``$25,000,000 for each of fiscal years 1994, 1995, 1996, 1997, and 1998.''; and (2) by adding at the end the following: ``(c) Additional Authorization.--The amounts authorized to be appropriated under this section are in addition to any amounts provided or available to the Foundation under any other Federal law.''. (b) Clerical Amendment.--Section 10(b)(1) of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3709(b)(1)) is amended by striking ``paragraphs (2) and (3),'' and inserting ``paragraph (2),''. SEC. 105. CONVEYANCE OF SENECAVILLE NATIONAL FISH HATCHERY. (a) Conveyance Authorized.--Notwithstanding any other provision of law and within 180 days after the date of the enactment of this Act, the Secretary of the Interior shall convey to the State of Ohio without reimbursement all right, title, and interest of the United States in and to the property known as the Senecaville National Fish Hatchery, located in Senecaville, Ohio, including-- (1) all easements and water rights relating to that property, and (2) all land, improvements, and related personal property comprising that hatchery. (b) Use of Property.--All property and interests conveyed under this section shall be used by the Ohio Department of Natural Resources for the Ohio fishery resources management program. (c) Reversionary Interest.--All right, title, and interest in and to all property and interests conveyed under this section shall revert to the United States on any date on which any of the property or interests are used other than for the Ohio fishery resources management program. TITLE II--BROWNSVILLE WETLANDS POLICY CENTER SEC. 201. SHORT TITLE. This title may be cited as the ``Brownsville Wetlands Policy Act of 1993''. SEC. 202. ESTABLISHMENT OF WETLANDS POLICY CENTER AT THE PORT OF BROWNSVILLE, TEXAS. (a) Establishment of Center.--For purposes of utilizing grants made by the United States Fish and Wildlife Service there may be established in accordance with this title, on property owned or held in trust by the Brownsville Navigation District at the Port of Brownsville, Texas, a wetlands policy center which shall be known as the ``Brownsville Wetlands Policy Center at the Port of Brownsville, Texas'' (in this title referred to as the ``Center''). The Center shall be operated and maintained by the Port of Brownsville with programs to be administered by the University of Texas at Brownsville. (b) Mission of the Center.--The primary mission of the Center shall be to utilize the unique wetlands property at the Port of Brownsville and adjacent waters of South Texas to focus on wetland matters for the purposes of protecting, restoring, and maintaining the Lagoon Ecosystems of the Western Gulf of Mexico Region. (c) Board of Directors.--The Center shall be governed by a Board of Directors to oversee the management and financial affairs of the Center. The Board of Directors shall be cochaired by the Port of Brownsville, the University of Texas at Brownsville, and the designee of the Director of the Fish and Wildlife Service, and shall include as members other representatives considered appropriate by those cochairs. (d) Oversight of the Center.-- (1) Annual report.--The Board of Directors of the Center shall prepare an annual report and submit it through the Director of the United States Fish and Wildlife Service to the Congress. (2) Contents.--Annual reports under this subsection shall cover the programs, projects, activities, and accomplishments of the Center. The reports shall include a review of the budget of the Center, including all sources of funding received to carry out Center operations. (3) Availability of information.--The Board of Directors of the Center shall make available all pertinent information and records to allow preparation of annual reports under this subsection. (4) General accounting office.--The Comptroller General of the United States shall periodically submit to the Congress reports on the operations of the Center. SEC. 203. GRANTS. The Director of the United States Fish and Wildlife Service shall, subject to the availability of appropriations, make grants to the Center for use for carrying out activities of the Center. SEC. 204. LEASE. The Director of the United States Fish and Wildlife Service, subject to the availability of appropriations, may enter into a long- term lease with the Port of Brownsville for use by the Center of wetlands property owned by the Port of Brownsville. Terms of the lease shall be negotiated, and the lease shall be signed by both parties, prior to the disposal of any Federal funds pursuant to this title. The lease shall include a provision authorizing the Director to terminate the lease at any time. SEC. 205. OTHER REQUIREMENTS. As conditions of receiving assistance under this title-- (1) the University of Texas at Brownsville shall make available to the Center for fiscal years 1994, 1995, 1996, and 1997-- (A) administrative office space; (B) classroom space; and (C) other in-kind contributions for the Center, including overhead and personnel; and (2) the Port of Brownsville shall make available up to 7,000 acres of Port Property for the programs, projects, and activities of the Center. The Board of Directors of the Center shall include in their annual report under section 202(d) a statement of whether these conditions have been met. SEC. 206. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Director of the United States Fish and Wildlife Service $5,000,000 for fiscal year 1994, $4,000,000 for fiscal year 1995, $4,000,000 for fiscal year 1996; and such sums as may be necessary for fiscal year 1997, for making grants to the Center under section 203, including for use for the establishment, operation, maintenance, and management of the Center. SEC. 207. RELATIONSHIP OF CENTER WITH THE CENTER FOR ENVIRONMENTAL STUDIES AND SERVICES, CORPUS CHRISTI, TEXAS. None of the funds appropriated pursuant to this title may be used to relocate any of the administrative operations of the United States Fish and Wildlife Service from the Center for Environmental Studies and Services Building on the campus of Corpus Christi State University, to the Brownsville Wetlands Policy Center at the Port of Brownsville, Texas, established pursuant to this title. TITLE III--WALTER B. JONES CENTER FOR THE SOUNDS AT THE POCOSIN LAKES NATIONAL WILDLIFE REFUGE SEC. 301. FINDINGS. The Congress finds the following: (1) The Pocosin Lakes National Wildlife Refuge, located in northeastern North Carolina, provides unique opportunities for observing and interpreting the biological richness of the region's estuaries and wetlands. (2) Although there are 10 national wildlife refuges in eastern North Carolina, not one has an educational or interpretative center for visitors. (3) The State of North Carolina, Tyrrell County, the town of Columbia, the Conservation Fund, and private citizens have proposed to enter into a partnership with the United States Fish and Wildlife Service to establish an educational and interpretative facility to be known as the Center for the Sounds. (4) Establishment of the Center for the Sounds would bestow economic benefits upon Tyrrell County and the town of Columbia. (5) The Federal Government has designated the Albemarle- Pamlico estuary system of northeastern North Carolina as an estuary of national concern. (6) Throughout his congressional career, the Honorable Walter B. Jones was a strong supporter of the National Wildlife Refuge System. (7) During his years of service in the House of Representatives, Walter B. Jones supported the establishment and expansion of National Wildlife Refuges in eastern North Carolina; these include 6 new National Wildlife Refuges established in his district, including the Alligator River National Wildlife Refuge and the Pocosin Lakes National Wildlife Refuge, which are respectively the third largest and fifth largest National Wildlife Refuges east of the Mississippi River. (8) Walter B. Jones helped increase refuge acreage in his district by over 303,000 acres, thus ensuring the protection of these lands for wildlife habitat and public recreation. (9) Walter B. Jones' support for reintroducing endangered red wolves into the wild at Alligator River National Wildlife Refuge was a major factor in securing public acceptance of, and support for, this first successful effort to reintroduce endangered predators into formerly occupied habitat. (10) Walter B. Jones devoted much of his congressional career, including his years as Chairman of the Merchant Marine and Fisheries Committee, to the conservation of fish and wildlife, for the benefit of the Nation and the people of North Carolina. (11) Walter B. Jones should most appropriately be recognized for his work on behalf of fish and wildlife conservation by having the Center for the Sounds at the Pocosin Lakes National Wildlife Refuge System named in his honor. SEC. 302. AUTHORITY TO CONSTRUCT AND OPERATE FACILITY. The Secretary of the Interior may, subject to the availability of appropriations, construct and operate a facility at the Pocosin Lakes National Wildlife Refuge in Tyrrell County, North Carolina, which shall be known as the ``Walter B. Jones Center for the Sounds'', for the following purposes: (1) Providing public opportunities, facilities, and resources to study the natural history and natural resources of northeastern North Carolina. (2) Offering a variety of environmental educational programs and interpretive exhibits. (3) Fostering an awareness and understanding of the interactions among wildlife, estuarine and wetland ecosystems, and human activities. (4) Providing office space and facilities for refuge administration, research, education, and related activities. SEC. 303. DESIGN. The Secretary of the Interior shall ensure that the design, size, and location of a facility constructed under this title are consistent with the cultural and natural history of the area with which the facility will be concerned. SEC. 304. COST SHARING. The Secretary of the Interior may accept contributions of funds from non-Federal sources to pay the costs of operating and maintaining the facility authorized under this title, and shall take appropriate steps to seek to obtain such contributions. SEC. 305. REPORT. Not later than 6 months after the date of the enactment of this Act, the Secretary of the Interior shall submit a report to the Congress on progress made in designing and constructing a facility under this title, including steps taken under section 304 to obtain contributions and any such contributions that have been pledged to or received by the United States. Passed the House of Representatives November 3, 1993. Attest: DONNALD K. ANDERSON, Clerk. | TABLE OF CONTENTS: Title I: Amendments to National Fish and Wildlife Foundation Establishment Act Title II: Brownsville Wetlands Policy Center Title III: Walter B. Jones Center for the Sounds at the Pocosin Lakes National Wildlife Refuge Title I: Amendments to National Fish and Wildlife Foundation Establishment Act - National Fish and Wildlife Foundation Improvement Act of 1993 - Amends the National Fish and Wildlife Foundation Establishment Act to include as a purpose of the Foundation the encouragement, acceptance, and administration of private gifts of property for the benefit of the National Oceanic and Atmospheric Administration. (Sec. 103) Increases the membership of the Board of Directors of the Foundation and revises certain administrative functions. (Sec. 104) Authorizes appropriations for FY 1994 through 1998. (Sec. 105) Conveys to the State of Ohio, without reimbursement, the Senecaville National Fish Hatchery in Senecaville, Ohio, to be used for the Ohio fishery resources management program. Title II: Brownsville Wetlands Policy Center - Brownsville Wetlands Policy Act of 1993 - Authorizes the establishment, for using grants by the U.S. Fish and Wildlife Service, of the Brownsville Wetlands Policy Center at the Port of Brownsville, Texas. Requires that the Center be operated and maintained by the Port of Brownsville, with programs to be administered by the University of Texas at Brownsville, to protect, restore, and maintain the lagoon ecosystems of the western Gulf of Mexico region. Requires the Director of the U.S. Fish and Wildlife Service, subject to appropriations, to make grants to the Center and authorizes the Director to enter into a long-term lease with the Port for Center use of Port wetlands property. Requires the University to make in-kind contributions for the Center and the Port to make Port property available for Center use. Authorizes appropriations. Prohibits use of funds under this Act to relocate any administrative operations of the Service to the Center from Corpus Christi State University. Title III: Walter B. Jones Center for the Sounds at the Pocosin Lakes National Wildlife Refuge - Authorizes the Secretary of the Interior to construct and operate the Walter B. Jones Center for the Sounds at the Pocosin Lakes National Wildlife Refuge in Tyrrell County, North Carolina, to: (1) provide public opportunities, facilities, and resources to study the natural history and natural resources of northeastern North Carolina; (2) offer a variety of environmental educational programs and interpretive exhibits; (3) foster an awareness and understanding of the interactions among wildlife, estuarine and wetland ecosystems, and human activities; and (4) provide office space and facilities for refuge administration, research, education, and related activities. (Sec. 303) Directs the Secretary to ensure that the design, size, and location of a facility constructed under this Act are consistent with the cultural and natural history of the area with which the facility will be concerned. (Sec. 304) Authorizes the Secretary to accept contributions of funds from non-Federal sources to pay the costs of operating and maintaining the facility authorized under this Act. Directs the Secretary to take appropriate steps to obtain such contributions. (Sec. 305) Sets forth reporting requirements. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Teacher Retention Act of 2007''. SEC. 2. FINDINGS. Congress makes the following findings: (1) More than 8,000,000 children, representing 21 percent of all public school children in the United States, attend public schools in rural areas. (2) There are 24,123 public schools in rural areas of the United States, representing 31 percent of all public schools. (3) More than 400,000 educators, or 31 percent of all public school teachers, teach in rural schools. (4) Rural school teachers earn approximately 14 percent less than their counterparts in other regions. (5) Despite lower salaries, rural school teachers typically teach multiple subjects and perform their jobs with fewer resources than their counterparts in other regions. (6) One of the most critical challenges facing rural school districts is in attracting and retaining qualified teachers. (7) Rural school districts tend to have higher teacher turnover rates than school districts in other regions. (8) High teacher turnover has a negative impact on student performance, school district performance, and the ability of teachers to become highly qualified. SEC. 3. DEFINITIONS. In this Act: (1) Child with a disability.--The term ``child with a disability'' has the meaning given the term in section 602 of the Individuals with Disabilities Education Act (20 U.S.C. 1401). (2) Highly qualified.--Except as provided in paragraph (3), the term ``highly qualified'' when used with respect to a teacher, has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (3) Highly qualified special education teacher.--The term ``highly qualified'' when used with respect to a special education teacher, has the meaning given the term in section 602 of the Individuals with Disabilities Education Act. (4) Limited english proficient.--The term ``limited English proficient'' has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965. (5) Low-income student.--The term ``low-income student'' means a child eligible to be counted under section 1124(c)(1)(A) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333(c)(1)(A)). (6) Migratory child.--The term ``migratory child'' has the meaning given the term in section 1309 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6399). (7) Rural local educational agency.-- (A) In general.--Subject to subparagraph (B), the term ``rural local educational agency'' means a local educational agency that-- (i)(I) is described in section 6211(b), 6221(b)(1), or 9101(26)(C) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7345(b), 7351(b)(1), 7801(26)(C)); or (II) serves a high number or percentage of children who are Native Hawaiian as defined in section 7207(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7517(1)); and (ii) has experienced a teacher turnover rate of not less than 10 percent of all the teachers teaching in the schools served by the local educational agency in any of the 3 academic years preceding the date of enactment of this Act. (B) County rule.--If a local educational agency serves 2 or more counties in their entirety, then each county shall be treated as if such county were a separate local educational agency for purposes of determinations under subparagraph (A). (8) Secretary.--The term ``Secretary'' means the Secretary of Education. SEC. 4. PILOT PROGRAM AUTHORIZED. (a) Grants.--From amounts appropriated under section 6 for each fiscal year, the Secretary shall carry out a 5-year pilot program under which the Secretary awards grants, on a competitive basis, to not more than 10 States to enable the States to award salary bonuses to highly qualified teachers or highly qualified special education teachers who teach, or commit to teach, for at least 3 academic years, in an elementary school or secondary school served by the same rural local educational agency. (b) Award Basis.--The Secretary shall award grants under this section on the basis of the needs of rural local educational agencies within a State for recruiting and retaining highly qualified teachers or highly qualified special education teachers. (c) Consideration of Needs.--In determining the needs of rural local educational agencies for recruiting and retaining highly qualified teachers and highly qualified special education teachers under subsection (b), the Secretary shall consider 1 or more of the following: (1) The eligibility of a rural local educational agency for assistance under part B of title VI of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7341 et seq.). (2) The impact on a rural local educational agency of low- income students who are served by the rural local educational agency. (3) The impact on a rural local educational agency of limited English proficient students who are served by the rural local educational agency. (4) The impact on a rural local educational agency of migrant students who are served by the rural local educational agency. (5) The number or percentage of rural local educational agencies described in section 9101(26)(C) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(26)(C)). (6) The impact on a rural local educational agency of children with a disability who are served by the rural local educational agency. (7) The long-term plans of a State to improve the recruitment and retention of highly qualified teachers and highly qualified special education teachers in rural local educational agencies within the State. (d) Application.--A State that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. The application shall contain a plan for the proposed distribution and use of the grant funds among rural local educational agencies within the State. (e) Use of Funds.--Grant funds under this section shall be used to provide salary bonuses for highly qualified teachers or highly qualified special education teachers who teach, or commit to teach, for at least 3 academic years, in an elementary school or secondary school served by the same rural local educational agency. SEC. 5. STUDY AND REPORTS. (a) Study.-- (1) In general.--The Secretary shall carry out a study of each project that is funded under this Act. The study shall track and assess the implementation and effectiveness of each project. (2) Reservation of funds.--From the amount appropriated under section 6 for fiscal year 2008, the Secretary shall reserve not more than 1 percent or $500,000, whichever is greater, to carry out the study described in paragraph (1). (b) Reports.-- (1) Annual reports from states.--Each State receiving a grant under this Act shall submit an annual report to the Secretary regarding each project within the State that is funded under this Act. The report shall contain such information as the Secretary determines necessary to evaluate the project. (2) Report to congress.-- (A) In general.--The Secretary shall submit a report on the study described in subsection (a)(1) to the Committee on Health, Education, Labor, and Pensions of the Senate and to the Committee on Education and Labor of the House of Representatives not later than September 30, 2012. (B) Contents.--The report shall include-- (i) the number of rural local educational agencies assisted under this Act; (ii) the characteristics of such rural local educational agencies with respect to the considerations of needs described in section 4(c); (iii) the number and demographic characteristics of teachers receiving bonuses under this Act; (iv) the impact of the bonuses provided under this Act on the ability of rural local educational agencies assisted under this Act to recruit and retain highly qualified teachers and highly qualified special education teachers; and (v) such other information and analysis as the Secretary determines necessary to evaluate the projects. SEC. 6. AUTHORIZATION OF APPROPRIATION. There are authorized to be appropriated to carry out this Act $50,000,000 for fiscal year 2008 and such sums as may be necessary for each of the fiscal years 2009 through 2012. | Rural Teacher Retention Act of 2007 - Directs the Secretary of Education to establish a five-year pilot program awarding competitive grants to no more than 10 states to enable them to award salary bonuses to highly qualified teachers or highly qualified special education teachers who teach, or commit to teach, for at least three academic years, in an elementary or secondary school served by the same rural local educational agency (LEA), including one that serves a high number or percentage of children who are Native Hawaiian. Awards such grants on the basis of the needs of a state's rural LEAs for recruiting and retaining such teachers. Requires that, in determining such needs, the Secretary consider: (1) a rural LEA's eligibility for assistance under part B (Rural Education Initiative) of title IV of the Elementary and Secondary Education Act of 1965; (2) a rural LEA's service of low-income, limited English proficient, migrant, Indian, or disabled students; and (3) the state's long-term plans for recruiting and retaining such teachers in its rural LEAs. Requires the Secretary to track and assess the implementation and effectiveness of each project funded under this Act.. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Walter Scott Notification Act of 2015''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``law enforcement officer'' has the meaning given the term in section 3673 of title 18, United States Code; and (2) the term ``State'' has the meaning given the term in section 901(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3791(a)). SEC. 3. STATE INFORMATION REGARDING USE OF LETHAL FORCE BY LAW ENFORCEMENT OFFICERS. (a) In General.--For each fiscal year in which a State receives funds for a program described in subsection (c), the State shall report to the Attorney General, on an annual basis and pursuant to guidelines established by the Attorney General, information regarding any discharge of a firearm by a law enforcement officer which results in the death of a civilian. (b) Information Required.--The report required under subsection (a) shall contain information that, at a minimum, includes-- (1) the number of decedents and the number of law enforcement officers who discharged a firearm; (2) the age, sex, race, and ethnicity of each decedent; (3) any mental health issue of a decedent that was observed or reported; (4) the age, sex, race, and ethnicity of each law enforcement officer; (5) a brief description of the event; (6) the alleged criminal activity of each decedent prior to the use of force; (7) whether each decedent was armed and the type of weapon the decedent had; (8) a description of the weapon used by each law enforcement officer; (9) a brief description of any injury sustained by a law enforcement officer; (10) a brief description of the finding of the law enforcement agency as to whether the use of deadly force was justified or unjustified; and (11) the case disposition, including whether-- (A) the case was cleared by departmental review or referred to a prosecuting authority; (B) criminal charges were filed; (C) prosecution was declined; (D) a grand jury returned a No True Bill; or (E) a court entered an acquittal or a conviction. (c) Compliance.-- (1) Ineligibility for funds.--For any fiscal year beginning after the date of enactment of this Act, a State that fails to comply with subsection (a), shall be subject to a 10-percent reduction of the funds that would otherwise be allocated for that fiscal year to the State under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.), whether characterized as the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs, the Local Government Law Enforcement Block Grants Program, the Edward Byrne Memorial Justice Assistance Grant Program, or otherwise. (2) Reallocation.--Amounts not allocated under a program referred to in paragraph (1) to a State for failure to comply with subsection (a) shall be reallocated under the program to States that have complied with subsection (a). (d) Preferential Consideration.--Section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd) is amended by adding at the end the following: ``(l) Use of Force Reporting.-- ``(1) Preferential consideration.--For the first fiscal year beginning after the date of enactment of this subsection and the 3 fiscal years thereafter, the Attorney General may give preferential consideration, where feasible, to an application from an applicant in a State that is in full compliance with section 3(a) of the Walter Scott Notification Act of 2015. ``(2) Reduction of grant amounts.--Beginning in the fifth fiscal year beginning after the date of enactment of this subsection, a State that fails to comply with section 3(a) of the Walter Scott Notification Act of 2015 shall be subject to a 20-percent reduction of the funds that would otherwise be allocated for the fiscal year to the State under this part. ``(3) Reallocation.--Amounts not allocated under this part to a State for failure to comply with section 3(a) of the Walter Scott Notification Act of 2015 shall be reallocated to States that have complied with such section.''. (e) Independent Audit and Review.--Not later than 1 year after the date of enactment of this Act, and each year thereafter, the Attorney General shall conduct an audit and review of the information provided under subsection (a) to determine whether each State receiving funds under section 505(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755(a)) or under part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd et seq.) unless the State has ensured, to the satisfaction of the Attorney General, that the State is in substantial compliance with the requirements of this section. (f) Public Availability of Data.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, and each year thereafter, the Attorney General shall publish, and make available to the public, a report containing the data reported to the Attorney General under subsection (a). (2) Privacy protections.--Nothing in this subsection shall be construed to supersede the requirements or limitations under section 552a of title 5, United States Code (commonly known as the ``Privacy Act of 1974''). (g) Guidance.--Not later than 180 days after the date of enactment of this Act, the Attorney General, in coordination with the Director of the Federal Bureau of Investigation, shall issue guidance on best practices relating to establishing standard data collection systems that capture the information required to be reported under subsection (a), which shall include standard and consistent definitions for terms. | Walter Scott Notification Act of 2015 This bill requires a state that receives funding under the Edward Byrne Memorial Justice Assistance Grant (JAG) program to report certain data on deadly shootings by law enforcement officers. It reduces by 10% the JAG allocation of a state that fails to comply. Additionally, the bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to modify requirements under the Community Oriented Policing Services (COPS) program. During the four-year period following enactment, the Department of Justice (DOJ) may give preference to a COPS program grant applicant from a state that reports data on deadly shootings by law enforcement. Beginning in the fifth year, DOJ must reduce by 20% the COPS allocation of a state that fails to report such data. DOJ, in coordination with the Federal Bureau of Investigation, must issue guidance to standardize data collection on deadly shootings by law enforcement. DOJ must also audit and review data reports, determine compliance with requirements, and publish such data. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Childproof Handgun Act of 1999''. SEC. 2. HANDGUN SAFETY. (a) Definitions.--Section 921(a) of title 18, United States Code, is amended by adding at the end the following: ``(35)(A) The term `childproof' means, with respect to a firearm that is a handgun, a handgun that incorporates within its design and as part of its original manufacture technology that-- ``(i) automatically limits the operational use of the handgun; ``(ii) is not capable of being readily deactivated; and ``(iii) ensures that the handgun may only be fired by an authorized or recognized user. ``(B) The technology referred to in subparagraph (A) includes-- ``(i) radio tagging; ``(ii) touch memory; ``(iii) remote control; ``(iv) fingerprint; ``(v) magnetic encoding; and ``(vi) other automatic user identification systems that utilize biometrics, mechanical, or electronic systems. ``(36) The term `locking device' means-- ``(A) a device that, if installed on a firearm and secured by means of a key or a mechanically, electronically, or electromechanically operated combination lock, prevents the firearm from being discharged without first deactivating or removing the device by means of a key or mechanically, electronically, or electromechanically operated combination lock; or ``(B) a locking mechanism incorporated into the design of a firearm that prevents discharge of the firearm by any person who does not have access to the key or other device designed to unlock the mechanism and thereby allow discharge of the firearm.''. (b) Unlawful Acts.--Section 922 of title 18, United States Code, is amended by inserting after subsection (y) the following: ``(z) Childproof Handguns.-- ``(1) In general.--Except as provided in paragraph (2), beginning 3 years after the date of enactment of the Childproof Handgun Act of 1999, it shall be unlawful for any licensed manufacturer, licensed importer, or licensed dealer to sell, deliver, or transfer any handgun to any person other than a licensed manufacturer, licensed importer, or licensed dealer, unless the handgun is childproof. ``(2) Exceptions.--Paragraph (1) does not apply to-- ``(A) the-- ``(i) manufacture for, transfer to, or possession by, the United States or a State or a department or agency of the United States, or a State or a department, agency, or political subdivision of a State, of a handgun; or ``(ii) transfer to, or possession by, a law enforcement officer employed by an entity referred to in clause (i) of a handgun for law enforcement purposes (whether on or off-duty); or ``(B) the transfer to, or possession by, a rail police officer employed by a rail carrier and certified or commissioned as a police officer under the laws of a State, of a handgun for purposes of law enforcement (whether on or off-duty).''. ``(aa) Locking Devices and Warnings.-- ``(1) In general.--Except as provided in paragraph (2), beginning 90 days after the date of enactment of the Childproof Handgun Act of 1999, it shall be unlawful for any licensed manufacturer, licensed importer, or licensed dealer to sell, deliver, or transfer any handgun-- ``(A) to any person other than a licensed manufacturer, licensed importer, or licensed dealer, unless the transferee is provided with a locking device for that handgun; or ``(B) to any person, unless the handgun is accompanied by the following warning, which shall appear in conspicuous and legible type in capital letters, and which shall be printed on a label affixed to the gun and on a separate sheet of paper included within the packaging enclosing the handgun: ```THE USE OF A LOCKING DEVICE OR SAFETY LOCK IS ONLY ONE ASPECT OF RESPONSIBLE FIREARM STORAGE. FIREARMS SHOULD BE STORED UNLOADED AND LOCKED IN A LOCATION THAT IS BOTH SEPARATE FROM THEIR AMMUNITION AND INACCESSIBLE TO CHILDREN. `FAILURE TO PROPERLY LOCK AND STORE YOUR FIREARM MAY RESULT IN CIVIL OR CRIMINAL LIABILITY UNDER STATE LAW. IN ADDITION, FEDERAL LAW PROHIBITS THE POSSESSION OF A HANDGUN BY A MINOR IN MOST CIRCUMSTANCES.' ``(2) Exceptions.--Paragraph (1) does not apply to-- ``(A) the-- ``(i) manufacture for, transfer to, or possession by, the United States or a State or a department or agency of the United States, or a State or a department, agency, or political subdivision of a State, of a handgun; or ``(ii) transfer to, or possession by, a law enforcement officer employed by an entity referred to in clause (i) of a handgun for law enforcement purposes (whether on or off-duty); or ``(B) the transfer to, or possession by, a rail police officer employed by a rail carrier and certified or commissioned as a police officer under the laws of a State, of a handgun for purposes of law enforcement (whether on or off-duty).''. (c) Civil Penalties.--Section 924 of title 18, United States Code, is amended-- (1) in subsection (a)(1), by striking ``or (f)'' and inserting ``(f) or (p)''; and (2) by adding at the end the following: ``(p) Penalties Relating to Failure To Provide for Childproof Handguns or Locking Devices and Warnings.-- ``(1) In general.-- ``(A) Suspension or revocation of license; civil penalties.--With respect to each violation of subparagraph (A) or (B) of section 922(z)(1) or subparagraph (A) or (B) of section 922(aa)(1) by a licensee, the Secretary may, after notice and opportunity for hearing-- ``(i) suspend or revoke any license issued to the licensee under this chapter; or ``(ii) subject the licensee to a civil penalty in an amount equal to not more than $10,000. ``(B) Review.--An action of the Secretary under this paragraph may be reviewed only as provided in section 923(f). ``(2) Administrative remedies.--The suspension or revocation of a license or the imposition of a civil penalty under paragraph (1) does not preclude any administrative remedy that is otherwise available to the Secretary.''. SEC. 3. GRANTS TO IMPROVE GUN SAFETY. (a) In General.-- (1) Grants.--Subject to the availability of appropriations, the Attorney General, acting through the Director of the National Institute of Justice (referred to in this section as the ``Director''), shall make grants under this section for the purpose specified in paragraph (2) to applicants that submit an application that meets requirements that the Attorney General, acting through the Director, shall establish. (2) Purpose.--The purpose of a grant under this section shall be to reduce violence caused by firearms through the improvement of firearm safety technology, weapon detection technology, or other technology. (3) Consultation.--In making grants under this section, the Attorney General, acting through the Director, shall consult with appropriate employees of the National Institute of Justice with expertise in firearms and weapons technology. (b) Period of Grant.--A grant under this section shall be for a period of not to exceed 3 years. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Department of Justice to carry out this section $10,000,000 for each of fiscal years 2000 through 2002. | Childproof Handgun Act of 1999 - Amends the Brady Handgun Violence Prevention Act to prohibit a licensed manufacturer, importer, or dealer from selling, delivering, or transferring a handgun to anyone other than a licensed manufacturer, importer, or dealer, unless the handgun is childproof. Defines "childproof" as a handgun that incorporates within its design and as part of its original manufacture technology that: (1) automatically limits the operational use of the handgun; (2) is not capable of being readily deactivated; and (3) ensures that the handgun may only be fired by an authorized or recognized user. Makes exceptions for: (1) the manufacture for, transfer to, or possession by the United States, a State, or a Federal, State, or local government department or agency of a handgun or the transfer to, or possession by, a law enforcement officer of a handgun for law enforcement purposes (whether on or off-duty); and (2) the transfer to, or possession by, a certified or commissioned rail police officer of a handgun for law enforcement purposes. Prohibits a licensed manufacturer, importer, or dealer from selling, delivering, or transferring a handgun to any person: (1) other than a licensed manufacturer, importer, or dealer, unless the transferee is provided with a locking device for that handgun; and (2) unless the handgun is accompanied by a specified warning on a label affixed to the gun and on a separate sheet within the packaging, regarding proper locking and storage, penalties, and possession by minors, with the above exceptions. Sets penalties for failure to provide for childproof handguns and for locking devices and warnings. Directs the Attorney General to make grants to applicants that submit an application that meets specified requirements to reduce violence caused by firearms through the improvement of firearm safety technology, weapon detection technology, or other technology. Authorizes appropriations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Value-Added Development Act for American Agriculture''. SEC. 2. AGRICULTURE INNOVATION CENTER DEMONSTRATION PROGRAM. (a) Purposes.--The purposes of this section are to carry out a demonstration program under which agricultural producers are provided-- (1) technical assistance, including engineering services, applied research, scale production, and similar services to enable the producers to establish businesses for further processing of agricultural products; (2) marketing, market development, and business planning; (3) overall organizational, outreach, and development assistance to increase the viability, growth, and sustainability of value-added agricultural businesses. (b) Nature of Program.--The Secretary of Agriculture (in this section referred to as the ``Secretary'') shall-- (1) make grants to eligible applicants for the purposes of enabling the applicants to obtain the assistance described in subsection (a); and (2) provide assistance to eligible applicants through the research and technical services of the Department of Agriculture. (c) Eligibility Requirements.-- (1) In general.--An applicant shall be eligible for a grant and assistance described in subsection (b) to establish an Agriculture Innovation Center if-- (A) the applicant-- (i) has provided services similar to those described in subsection (a); or (ii) shows the capability of providing the services; (B) the application of the applicant for the grant and assistance sets forth a plan, in accordance with regulations which shall be prescribed by the Secretary, outlining support of the applicant in the agricultural community, the technical and other expertise of the applicant, and the goals of the applicant for increasing and improving the ability of local producers to develop markets and processes for value-added agricultural products; and (C) the applicant meets the requirement of paragraph (2). (2) Board of directors.--The requirement of this paragraph is that the applicant shall have a board of directors comprised of representatives of the following groups: (A) The 2 general agricultural organizations with the greatest number of members in the State in which the applicant is located. (B) The Department of Agriculture or similar State organization or department, for the State. (C) Organizations representing the 4 highest grossing commodities produced in the State, according to annual gross cash sales. (d) Grants and Assistance.-- (1) In general.--Subject to the availability of appropriations, the Secretary shall make annual grants to eligible applicants under this section, each of which grants shall not exceed $1,000,000. (2) Initial limitation.--In the first 3 years of the demonstration program under this section, the Secretary may make grants under this section, on a competitive basis, to not more than 10 eligible applicants, including those whose applications provide for the operation of an Agriculture Innovation Center in the following States: (A) Missouri. (B) Mississippi. (C) Ohio. (D) New Mexico. (E) South Dakota. (F) Texas. (G) Wisconsin. (3) Expansion of demonstration program.--In the second year of the demonstration program under this section, the Secretary may make grants under this section to not more than 10 eligible applicants, in addition to any entities to which grants are made under paragraph (2) for such year. (4) State limitation.--In the first 3 years of the demonstration program under this section, the Secretary shall not make a grant under this section to more than 1 entity in any State. (e) Use of Funds.--An entity to which a grant is made under this section may use the grant only for the following purposes: (1) Applied research. (2) Consulting services. (3) Office equipment. (4) Hiring of employees, at the discretion of the board of directors of the entity. (5) The making of matching grants, each of which shall be not more than $5,000, to agricultural producers, so long as the aggregate amount of all such matching grants shall be not more than $50,000. (f) Limitations on Authorization of Appropriations.--For grants and assistance under this section, there are authorized to be appropriated to the Secretary not more than-- (1) $10,000,000 for fiscal year 2001; (2) $15,000,000 for fiscal year 2002; and (3) $20,000,000 for fiscal year 2003. (g) Report on Best Practices.--Not later than 3 years after the first 10 grants are made under this section, the Secretary shall prepare and submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and to the Committee on Agriculture of the House of Representatives a written report on the effectiveness of the demonstration program conducted under this section at improving the production of value-added agricultural products and on the effects of the program on the economic viability of the producers, which shall include the best practices and innovations found at each of the Agriculture Innovation Centers established under the demonstration program under this section, and detail the number and type of agricultural projects assisted, and the type of assistance provided, under this section. | Authorizes up to ten initial grants during the demonstration project's first three years, including operation of a Center in: (1) Missouri; (2) Mississippi; (3) Ohio; (4) New Mexico; (5) South Dakota; (6) Texas; and (7) Wisconsin. Authorizes appropriations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Taxpayer Receipt Act of 2013''. SEC. 2. PROVISION OF TAXPAYER RECEIPT. (a) In General.--Chapter 77 of the Internal Revenue Code of 1986 (relating to miscellaneous provisions) is amended by adding at the end the following new section: ``SEC. 7529. TAXPAYER RECEIPT. ``(a) In General.--Not later than the end of the first fiscal quarter of the first fiscal year which begins after the 1-year period beginning on the date of the enactment of this section, and annually thereafter, the Secretary shall provide via United States mail a Tax Receipt to each taxpayer (other than a trust, estate, partnership, or corporation) who made a return with respect to income taxes under chapter 1 for the preceding taxable year and for whom a current mailing address can be determined through such methods as the Secretary determines to be appropriate. ``(b) Tax Receipt.--For purposes of this section, each Tax Receipt shall-- ``(1) state the amount of taxes paid by the filer (even if $0), the filer's filing status, earned income, and taxable income, the filer's tax bracket expressed as a percentage, the average amount of tax paid by taxpayers in the filer's tax bracket, and a summary of current tax brackets, ``(2) contain a table listing-- ``(A) each of the spending categories described in subsection (c), ``(B) with respect to each spending category described in subsection (c)-- ``(i) the total Federal outlays for the fiscal year ending in the preceding taxable year, the dollar amount of each such category, and each such category's percentage of the total Federal outlays, ``(ii) the ratio (expressed as a percentage) which bears the same percentage of the taxpayer's income tax liability for the preceding taxable year to such category as the ratio that such category bears to the total of the spending categories described in subsection (c) for the fiscal year ending in the preceding taxable year, ``(iii) the proportional amount (expressed in dollars) of the taxpayer's income tax liability spent on that category, and ``(iv) the percentage change the results under clauses (ii) and (iii) are from the preceding year (expressed in positives and negatives), ``(3) contain a table listing-- ``(A) the 10 most costly tax expenditures (determined for the fiscal year ending in the preceding taxable year), ``(B) the cost (expressed in dollars) of each such tax expenditure, and ``(C) a clear and brief description of each such tax expenditure that best enables the recipient to understand the tax expenditure's purpose and function, ``(4) include any additional information or summaries that will help the recipient best understand how their individual taxes are spent, providing context for the current government tax structure, and the budgetary situation of the United Sates, ``(5) contain the annual budget review described in subsection (e), and ``(6) be not more than 4 pages in length. ``(c) Spending Category.-- ``(1) In general.--A spending category referred to in this subsection is one of the following: ``(A) Administration of Justice. ``(B) Agriculture. ``(C) Allowances. ``(D) Commerce and Housing Credit. ``(E) Community and Regional Development. ``(F) Education, Training, Employment, and Social Services. ``(G) Energy. ``(H) General Government. ``(I) General Science, Space, and Technology. ``(J) Health. ``(K) Income Security. ``(L) International Affairs. ``(M) Medicare. ``(N) National Defense. ``(O) Natural Resources and Environment. ``(P) Net Interest. ``(Q) Social Security. ``(R) Transportation. ``(S) Undistributed Offsetting Receipts. ``(T) Veterans Benefits and Services. ``(2) Rules relating to appropriate spending categories.-- For purposes of paragraph (1)-- ``(A) the spending categories for the table described in subsection (b)(2) shall be listed in order of cost, with the greatest expense stated first, and ``(B) each spending category shall have a one sentence, general description of the programs, projects, and activities comprising that spending category. ``(d) Tax Expenditures.--For purposes of this section, the term `tax expenditure' shall have the meaning given such term by section 3(3) of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 621). ``(e) Annual Budget Review.--The annual budget review described in this subsection with respect to a fiscal year shall use the budget projections prepared by the Congressional Budget Office and shall include-- ``(1) an estimate of total Federal receipts, outlays, deficit, and debt for the current fiscal year, ``(2) actual Federal receipts, outlays, deficit, and debt for the preceding 5 fiscal years, ``(3) projections of Federal receipts, outlays, deficit, and debt for the succeeding 10 fiscal years, ``(4) level of Federal debt in total amount and as a percentage of gross domestic product for the fiscal year, the 10 preceding fiscal years, and the 10 succeeding fiscal years, and ``(5) additional information to help the recipient understand the Federal budget and government spending, including government spending on mandatory, defense discretionary, nondefense discretionary, and interest categories. ``(f) Rule Relating to Nonresident Aliens.--Subsection (a) shall not apply to an individual who is a nonresident alien (within the meaning of section 7701(b)(1)(B)).''. (b) 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. Taxpayer receipt.''. (c) Effective Date.--The amendments made by this section shall apply to returns for taxable years beginning after the date of the enactment of this Act. | Taxpayer Receipt Act of 2013 - Amends the Internal Revenue Code to require the Secretary of the Treasury to provide individual taxpayers via U.S. mail annual receipts for income taxes reported for the preceding taxable year. Requires such tax receipts to: (1) state the amount of taxes paid by the taxpayer, the taxpayer's filing status, earned income, taxable income, and other information; (2) contain tables listing expenditures in categories of the federal budget and the 10 most costly tax expenditures and related spending information; and (3) contain an annual budget review prepared by the Secretary, in consultation with the Congressional Budget Office (CBO), to assist taxpayers in understanding the federal budget and government spending. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``PEPFAR Accountability and Transparency Act''. SEC. 2. EVALUATION OF HIV/AIDS PROGRAMS. Subtitle A of title III of the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 7631 et seq.) is amended by adding at the end the following: ``SEC. 308. PROGRAM MONITORING, OPERATIONS RESEARCH, AND IMPACT EVALUATION RESEARCH. ``(a) Program Established.--The Coordinator of United States Government Activities to Combat HIV/AIDS Globally (referred to in this section as the `Coordinator') shall establish a mechanism to evaluate global HIV/AIDS programs financed by the United States Government in order to improve accountability, increase transparency, and ensure the delivery of evidence-based services. Such mechanism shall include program monitoring, operations research, and impact evaluation research. ``(b) Definitions.--In this subsection: ``(1) Impact evaluation research.--The term `impact evaluation research' means the application of research methods and statistical analysis to measure the extent to which a change in a population-based outcome can be attributed to program intervention instead of other environmental factors. ``(2) Operations research.--The term `operations research' means the application of social science research methods and statistical analysis to judge, compare, and improve policies and program outcomes, from the earliest stages of defining and designing programs through their development and implementation. ``(3) Program monitoring.--The term `program monitoring' means the collection, analysis, and use of routine program data to determine how well a program is carried out and how much the program costs. ``(4) Eligible entities.--The term `eligible entities' means public or private organizations, including academic institutions, that have documented experience in analyzing and evaluating the effectiveness of health, development, or other international aid programs. ``(c) Use of Funds.--The Coordinator shall use amounts provided under this section, either directly or indirectly through grants, contracts, or cooperative agreements to eligible entities, to conduct program monitoring, operations research, and impact evaluation research related to programs authorized under this Act. Such activities shall be conducted to-- ``(1) improve the coverage, efficiency, effectiveness, quality, and accessibility of services provided under this Act; ``(2) establish the cost-effectiveness of program models; ``(3) assess the population-level impact of programs implemented, including the impact of programs on women, children, and other at-risk or vulnerable populations; ``(4) ensure the transparency and accountability of services provided under this Act; ``(5) disseminate and promote the utilization of evaluation findings, lessons, and best practices in the implementation of the programs receiving financial assistance under this Act; ``(6) encourage and evaluate innovative service models and strategies to optimize the delivery of care, treatment, and prevention programs financed by the United States Government; and ``(7) strengthen ongoing program monitoring and enhance program quality through routine program evaluations, such as midterm and final program evaluations. ``(d) Report.--Not later than 90 days after the date of the enactment of the PEPFAR Accountability and Transparency Act, the Coordinator shall submit a report to Congress that describes the resources provided under this Act for program monitoring, operations research, and impact evaluation research during the 5-year period ending on September 30, 2008, that describes-- ``(1) the projects for which resources were obligated and the outcomes of those projects; ``(2) the program improvements, including cost or other resource savings, which have been made as a result of program monitoring, operations research, and impact evaluation research; ``(3) how program monitoring, operations research, and impact evaluation research priorities are determined and how input from external experts is incorporated; and ``(4) the process used to allocate funding for implementation of program monitoring, operations research, and impact evaluation research. ``(e) Strategic Plan.-- ``(1) In general.--Not later than 1 year after the date of the enactment of the PEPFAR Accountability and Transparency Act, the Coordinator shall develop a 5-year strategic plan for program monitoring, operations research, and impact evaluation research. ``(2) Plan elements.--The plan developed under this subsection shall include-- ``(A) the amount of funding provided for program monitoring, operations research, and impact evaluation research under this Act available through fiscal year 2009; ``(B) strategies to address the goals described in subsection (c); ``(C) priorities for program monitoring, operations research, and impact evaluation research and a time line for completion of activities associated with such priorities; and ``(D) other information that the Coordinator determines to be necessary. ``(3) Considerations.--In developing the plan under this subsection, the Coordinator shall consider a range of research priorities, including research in-- ``(A) preventing new HIV infections by reducing behavioral risks for HIV transmission, particularly in at-risk and vulnerable populations, including-- ``(i) delaying sexual debut; ``(ii) reducing the number of sexual partners; ``(iii) practicing abstinence, fidelity, and monogamy; ``(iv) using condoms, other effective protection methods that have been developed and are available, and female condoms; and ``(v) meeting the needs of discordant couples; ``(B) improving health care delivery systems and HIV/AIDS-related policies; ``(C) preventing mother-to-child transmission, improving early identification of infected children, and reducing the spread of HIV infections, particularly in women and girls; ``(D) reducing HIV-related mortality and morbidity of HIV; ``(E) treating adults and children infected by HIV more effectively, including establishing better approaches for increasing access to treatment and increasing and sustaining treatment adherence; ``(F) addressing the vulnerabilities of married and unmarried women and girls to HIV infection, including those who are victims of rape, sexual violence, and coercion; ``(G) integrating family planning into HIV/AIDS prevention, care, and treatment strategies and services; ``(H) encouraging men to be responsible for their sexual behavior and to respect women, including the reduction and elimination of sexual violence and coercion; ``(I) developing models for scaling up HIV counseling, testing with informed consent, and other approaches that promote risk reduction and access to care and treatment; ``(J) addressing risks associated with substance use; ``(K) promoting the most effective models for scaling up care and treatment access; ``(L) ensuring a safe blood supply; ``(M) improving injection safety, including eliminating unnecessary injections and promoting sterile injection practices and technologies; ``(N) improving health care workers' occupational health and safety; ``(O) strengthening hospice and palliative care; ``(P) scaling up the provision of prevention, care and treatment services to children, including those orphaned by HIV/AIDS; ``(Q) preventing HIV through male circumcision; and ``(R) other research that the Coordinator determines to be necessary. ``(4) Consultation.--In developing the strategic plan and implementing, disseminating, and promoting the use of program monitoring, operations research, and impact evaluation research, the Coordinator shall consult with representatives of-- ``(A) the National Institutes of Health; ``(B) the United States Agency for International Development; ``(C) the Centers for Disease Control and Prevention; ``(D) the Agency for Healthcare Research and Quality; ``(E) the Department of Health and Human Services; ``(F) the Department of Labor; ``(G) other Federal agencies engaged in global HIV/ AIDS programs; ``(H) multilateral structures, such as the United Nations and the Global Fund To Fight AIDS, Tuberculosis and Malaria; ``(I) national governments of foreign countries in which programs under this Act are administered; ``(J) organizations implementing programmatic activities under this Act; and ``(K) other organizations with expertise in monitoring and evaluating international HIV/AIDS programs. ``(5) Meeting and public comment.--The Coordinator shall-- ``(A) not later than 180 days after the date of the enactment of the PEPFAR Accountability and Transparency Act, hold a public meeting at which the public may present its views on the current needs and gaps in program monitoring, operations research, and impact evaluation research; ``(B) during the 30-day period following the public meeting held pursuant to subparagraph (A), collect written comments from the public; and ``(C) publish the comments received pursuant to subparagraph (B) on the Office of the Global AIDS Coordinator's Internet Web site. ``(6) Review of strategic plan.--The Coordinator shall-- ``(A) not later than 1 year after the date of the enactment of the PEPFAR Accountability and Transparency Act, present the strategic plan developed under this subsection to the appropriate congressional committees; ``(B) publish the strategic plan in the Federal Register and on the Office of the Global AIDS Coordinator's Internet Web site; ``(C) during the 60-day period following the publication of the plan under subparagraph (B), solicit written comments on the plan from the public; ``(D) hold a meeting at which the public is given an opportunity to present its views on the plan; and ``(E) after consideration of the views and comments received from the public, make any necessary revisions to the plan. ``(f) Best Practices Report.--The Coordinator shall annually publish a best practices report that highlights the programs that have the potential for translation, particularly at a low cost, across global AIDS programs, including those that focus on both generalized and localized epidemics, receiving financial assistance from the United States. ``(g) Dissemination of Findings.-- ``(1) In general.--The Coordinator shall disseminate the full findings of the multiple operations research and impact evaluation research and program level monitoring efforts on the Office of the Global AIDS Coordinator's Internet website in order to improve transparency and public availability of information about operations research and impact evaluation research. ``(2) Dissemination guidance.--The Coordinator shall develop guidance to ensure timely submission and dissemination of all impact evaluation research, operations research, and program monitoring findings. The time lines and processes included in such guidance shall take into account the publication process for peer-reviewed scientific or academic journals and the discussion of such research findings at a scientific meeting or any other public or private forum, so as to maintain the scientific process without unduly restricting dissemination of information. ``(h) Authorization of Appropriations.--In addition to funds made available under section 401(a), there are authorized to be appropriated such sums as may be necessary to carry out this section.''. | PEPFAR Accountability and Transparency Act - Amends the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 to direct the Coordinator of United States Government Activities to Combat HIV/AIDS Globally to: (1) establish a mechanism to evaluate global HIV/AIDS programs financed by the U.S. government in order to improve accountability, increase transparency, and ensure the delivery of evidence-based services; and (2) develop a five-year strategic plan for program monitoring, operations research, and impact evaluation research. |
SECTION 1. TREATMENT OF LIABILITY FOR CERTAIN MULTIPLE EMPLOYER PLANS. (a) In General.--In the case of an applicable pension plan-- (1) if an eligible employer elects the application of subsection (b), any liability of the employer with respect to the applicable pension plan shall be determined under subsection (b), and (2) if an eligible employer does not make such election, any liability of the employer with respect to the applicable pension plan shall be determined under subsection (c). (b) Election to Spin Off Liability.-- (1) In general.--If an eligible employer elects, within 180 days after the date of the enactment of this Act, to have this subsection apply, the applicable pension plan shall be treated as having, effective January 1, 2006, spun off such employer's allocable portion of the plan's assets and liabilities to an eligible spunoff plan and the employer's liability with respect to the applicable pension plan shall be determined by reference to the eligible spunoff plan in the manner provided under paragraph (2). The employer's liability, as so determined, shall be in lieu of any other liability to the Pension Benefit Guaranty Corporation or to the applicable pension plan with respect to the applicable pension plan. (2) Liability of employers electing spinoff.-- (A) Ongoing funding liability.-- (i) In general.--In the case of an eligible spunoff plan, the amendments made by section 401, and subtitles A and B of title I, of the Pension Protection Act of 2006 shall not apply to plan years beginning before the first plan year for which the plan ceases to be an eligible spunoff plan (or, if earlier, January 1, 2017), and except as provided in clause (ii), the employer maintaining such plan shall be liable for ongoing contributions to the eligible spunoff plan on the same terms and subject to the same conditions as under the provisions of the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code of 1986 as in effect before such amendments. Such liability shall be in lieu of any other liability to the Pension Benefit Guaranty Corporation or to the applicable pension plan with respect to the applicable pension plan. (ii) Interest rate.--In applying section 302(b)(5)(B) of the Employee Retirement Income Security Act of 1974 and section 412(b)(5)(B) of the Internal Revenue Code of 1986 (as in effect before the amendments made by subtitles A and B of title I of the Pension Protection Act of 2006) and in applying section 4006(a)(3)(E)(iii) of such Act (as in effect before the amendments made by section 401 of such Act) to an eligible spunoff plan for plan years beginning after December 31, 2007, and before the first plan year to which such amendments apply, the third segment rate determined under section 303(h)(2)(C)(iii) of such Act and section 430(h)(2)(C)(iii) of such Code (as added by such amendments) shall be used in lieu of the interest rate otherwise used. (B) Termination liability.--If an eligible spunoff plan terminates under title IV of the Employee Retirement Income Security Act of 1974 on or before December 31, 2010, the liability of the employer maintaining such plan resulting from such termination under section 4062 of the Employee Retirement Income Security Act of 1974 shall be determined in accordance with the assumptions and methods described in subsection (c)(2)(A). The employer's liability, as so determined, shall be in lien of any other liability to the Pension Benefit Guaranty Corporation or to the applicable pension plan with respect to the applicable pension plan. (c) Liability of Employers Not Electing Spinoff.-- (1) In general.--If an applicable pension plan is terminated under the Employee Retirement Income Security Act of 1974, an eligible employer which does not make the election described in subsection (b) shall be liable to the corporation with respect to the applicable pension plan (in lieu of any other liability to the Pension Benefit Guaranty Corporation or to the applicable pension plan with respect to the applicable pension plan ) in an amount equal to the fractional portion of the adjusted unfunded benefit liabilities of such plan as of December 31, 2005, determined without regard to any adjusted unfunded benefit liabilities to be transferred to an eligible spunoff plan pursuant to subsection (b). (2) Definitions.--For purposes of this subsection-- (A) Adjusted unfunded benefit liabilities.--The term ``adjusted unfunded benefit liabilities'' means the amount of unfunded benefit liabilities (as defined in section 4001(a)(18) of the Employee Retirement Income Security Act of 1974), except that the interest assumption shall be the rate of interest under section 302(b) of the Employee Retirement Income Security Act of 1974 and section 412(b) of the Internal Revenue Code of 1986, as in effect before the amendments made by the Pension Protection Act of 2006, for the most recent plan year for which such rate exists. (B) Fractional portion.--The term ``fractional portion'' means a fraction, the numerator of which is the amount required to be contributed to the applicable pension plan for the 5 plan years ending before December 31, 2005, by such employer, and the denominator of which is the amount required to be contributed to such plan for such plan years by all employers which do not make the election described in subsection (b). (d) Other Definitions.--For purposes of this section-- (1) Applicable pension plan.--The term ``applicable pension plan'' means a single employer plan which-- (A) was established in the State of Alaska on March 18, 1967, and (B) as of January 1, 2005, had 2 or more contributing sponsors at least 2 of which were not under common control. (2) Allocable portion.--The term ``allocable portion'' means, with respect to any eligible employer making an election under subsection (b), the portion of an applicable pension plan's liabilities and assets which bears the same ratio to all such liabilities and assets as such employer's share (determined under subsection (c) as if no eligible employer made an election under subsection (b)) of the excess (if any) of-- (A) the liabilities of the plan, valued in accordance with subsection (c), over (B) the assets of the plan, bears to the total amount of such excess. (3) Eligible employer.--An ``eligible employer'' is an employer which participated in an eligible multiple employer plan on or after January 1, 2000. | Allows an employer participating in an eligible multiple employer plan to elect to have the pension plan treated as having spun off such employer's allocable portion of the plan's assets and liabilities to an eligible spun off plan. Specifies the employer's liability with respect to the spun off plan, which shall be in lieu of any other liability to the Pension Benefit Guaranty Corporation (PBGC) or to the applicable pension plan. Excludes such spun off plan from the funding requirements of the Pension Protection Act of 2006 until at least January 1, 2017. Provides that the employer maintaining such plan is liable for ongoing contributions to the eligible spun off plan as required before amendments made by such Act. Applies the third segment rate (the rate of interest based on the corporate bond yield curve taking into account only bonds maturing after 20 years) to such plan in lieu of the interest rate otherwise used. Provides that the liability of the employer if such plan terminates shall be determined in accordance with the assumptions and methods described under this Act. Makes employers not making an election under this Act liable to the PBGC in an amount equal to the fractional portion of the adjusted unfunded benefit liabilities of such plan as of December 31, 2005, determined without regard to any adjusted unfunded benefit liabilities to be transferred to an eligible spun off plan. Applies this Act to a single employer pension plan that: (1) was established in the State of Alaska on March 18, 1967; and (2) as of January 2, 2005, had two or more contributing sponsors, at least two of which were not under common control. |
s.-- (1) Reported bills and joint resolutions.--For each bill or joint resolution of a public character reported by any committee of authorization of the House of Representatives or of the Senate, the Director shall prepare and submit to the committee a statement as follows: (A) Direct costs below threshold.--If the Director estimates that the direct costs of all Federal mandates in the bill or joint resolution will not equal or exceed $50,000,000 (adjusted annually for inflation by the Consumer Price Index) in the fiscal year in which it (as well as any necessary implementing regulation) is to be effective or in any of the 4 fiscal years following such fiscal year, the Director shall so state and shall briefly explain the basis of the estimate. (B) Direct costs above threshold.--If the Director estimates that the direct costs of all Federal mandates in the bill or joint resolution will equal or exceed $50,000,000 (adjusted annually for inflation by the Consumer Price Index) in the fiscal year in which it (as well as any necessary implementing regulation) is to be effective or in any of the 4 fiscal years following such fiscal year, the Director shall so state and shall briefly explain the basis of the estimate, and-- (i) shall include estimates (and shall briefly explain the basis of the estimates) of-- (I) the total amount of direct costs of complying with the Federal mandates in the bill or joint resolution; and (II) the amount, if any, of increase in authorization of appropriations under existing Federal financial assistance programs, or of authorization of appropriations for new Federal financial assistance, provided by the bill or joint resolution and usable by States, local governments, or tribal governments for activities subject to the Federal mandates; (ii) shall also include estimates, if and to the extent that the Director determines that such estimates are reasonably feasible, of-- (I) future costs of Federal mandates to the extent that they significantly differ from or extend beyond the time period of the estimate referred to in the first clause of this subparagraph (B); and (II) any disproportionate budgetary effects of Federal mandates and of any Federal financial assistance in the bill or joint resolution upon any particular regions of the country or particular States, local governments, tribal governments, or urban or rural or other types of communities; and (iii) shall also state any amounts appropriated in the prior fiscal year to fund the activities subject to the Federal mandate. (2) Amended bills and joint resolutions; conference reports.--If the Director has prepared a statement that includes the determination described in paragraph (1)(B) for a bill or joint resolution, and if that bill or joint resolution is passed in an amended form (including if passed by one House as an amendment in the nature of a substitute for the language of a bill or joint resolution from the other House) or is reported by a committee of conference in an amended form, the committee of conference shall ensure, to the greatest extent practicable, that the Director shall prepare a supplemental statement for the bill or joint resolution. The requirements of section 103 shall not apply to the publication of any supplemental statement prepared under this subsection. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Congressional Budget Office to carry out the provisions of this Act, and for no other purpose, $2,300,000 for each of the fiscal years 1995, 1996, 1997, 1998, and 1999. (e) Technical Amendment.--The State and Local Cost Estimate Act of 1981, Public Law 97-108, is hereby repealed. SEC. 103. POINT OF ORDER. (a) In General in the House of Representatives or Senate.--It shall not be in order in the House of Representatives or Senate to consider any bill or joint resolution that is reported by any committee of authorization unless (based upon a ruling of the presiding Officer in the case of the Senate)-- (1) a committee has published a statement of the Director in accordance with section 101(c) prior to such consideration; and (2) either-- (A) the direct costs of all Federal mandates in the bill or joint resolution are estimated not to equal or exceed $50,000,000 (adjusted annually for inflation by the Consumer Price Index) in the fiscal year in which it (as well as any necessary implementing regulation) is to be effective or in any of the 4 fiscal years following such fiscal year, or (B)(i) the increase in authorization of appropriations under existing Federal financial assistance programs, or of authorization of appropriations for new Federal financial assistance, provided by the bill or joint resolution and usable by States, local governments, or tribal governments for activities subject to the Federal mandates is at least equal to the estimated amount of direct costs of the Federal mandates; and (ii) the committee of jurisdiction has identified in the bill or joint resolution one or more of the following: a reduction in authorization of existing appropriations, a reduction in direct spending, or an increase in receipts (consistent with the amount identified in clause (i). (b) Amendment To Raise Authorization Level.--Notwithstanding the terms of subsection (a), it shall not be out of order pursuant to this section to consider a bill or joint to which an amendment is proposed and agreed to that would raise the amount of authorization of appropriations to a level sufficient to satisfy the requirements of subsections (a)(2)(B) and (a)(2)(C), nor shall it be out of order to consider such an amendment. SEC. 104. EXERCISE OF RULEMAKING POWERS. The provisions of sections 101, 102, and 103 are enacted by Congress-- (1) as an exercise of the rulemaking powers of the House of Representatives and the Senate, and as such they shall be considered as part of the rules of the House of Representatives and the Senate, respectively, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and (2) with full recognition of the constitutional right of the House of Representatives and the Senate to change such rules at any time, in the same manner, and to the same extent as in the case of any other rule of the House of Representatives or the Senate, respectively. SEC. 105. EFFECTIVE DATE. This title shall apply to bills and joint resolutions reported by a committee on or after October 1, 1995. TITLE II--REGULATORY ACCOUNTABILITY AND REFORM SEC. 201. REGULATORY PROCESS. (a) Each agency shall assess the effects of Federal regulations on States, local governments, and tribal governments, including specifically the availability of resources to carry out any mandates in those regulations, and seek to minimize those burdens that uniquely or significantly affect such governmental entities, consistent with achieving statutory and regulatory objectives. (b) Each agency shall develop an effective process to permit elected officials (including their designated representatives) and other representatives of States, local governments, and tribal governments to provide meaningful and timely input in the development of regulatory proposals containing significant Federal mandates. Such a process shall be consistent with all applicable laws. (c)(1) Before establishing any regulatory requirements that might significantly or uniquely affect small governments, agencies shall have developed a plan under which the agency shall-- (A) provide notice of the contemplated requirements to any potentially affected small governments, (B) seek the views of, and consult with, officials of affected small governments pursuant to subsection (b), and (C) inform, educate, and advise small governments on compliance with the requirements. (2) There are hereby authorized to be appropriated to each agency to carry out the provisions of this section, and for no other purpose, such sums as are necessary. SEC. 202. STATEMENTS TO ACCOMPANY SIGNIFICANT REGULATORY ACTIONS. (a) In General.--Before promulgating any final rule that includes any Federal mandates upon States, local governments, or tribal governments that may result in the expenditures by States, local governments, or tribal governments, in the aggregate, of $100,000,000 or more (annually adjusted by the Consumer Price Index) in any one year, and before promulgating any general notice of proposed rulemaking that is likely to result in promulgation of any such rule, the agency shall prepare a written statement containing-- (1) estimates by the agency, including the underlying analysis, of the anticipated costs to States, local governments, and tribal governments of complying with the mandate, and of the extent to which such costs may be paid with funds provided by the Federal Government or otherwise paid through Federal financial assistance; (2) estimates by the agency, if and to the extent that the agency determines that such estimates are reasonably feasible, of-- (A) the costs of mandates in the regulation that will be borne in various future time periods; and (B) any disproportionate budgetary effects of the mandates upon any particular regions of the country or particular States, local governments, tribal governments, or rural or other types of communities; (3) a qualitative, and if possible, a quantative assessment of costs and benefits anticipated from the Federal mandate (such as, but not limited to, the enhancement of health and safety and the protection of the natural environment); and (4)(A) a description of the extent of the agency's prior consultation with elected representatives (including their designated representatives) of the affected States, local governments, and tribal governments and of other affected parties, (B) a summary of the comments and concerns that were presented by States, local governments, or tribal governments either orally or in writing to the agency, (C) a summary of the agency's evaluation of those comments and concerns, and (D) the agency's position supporting the need to issue the regulation containing the mandate (considering, among other things, the extent to which costs may or may not be paid with funds provided by the Federal Government). (b) Promulgation.--In promulgating a general notice of proposed rulemaking or a final rule for which a statement under subsection (a) is required, the agency shall include in the promulgation a summary of the information contained in the statement. (c) Preparation in Conjunction With Other Statement.--Any agency may prepare any statement required by subsection (a) in conjunction with or as a part of any other statement or analysis, provided that the statement or analysis satisfies the provisions of subsection (a). SEC. 203. ASSISTANCE TO THE CONGRESSIONAL BUDGET OFFICE. (a) The Director of the Office of Management and Budget shall collect from agencies the statements prepared under section 202 and provide copies of them to the Director of the Congressional Budget Office promptly after promulgation of the general notice of proposed rulemaking or of the final rule for which the statement was prepared. (b) Each agency shall provide to the Director of the Congressional Budget Office such information and assistance as he may reasonably request to assist him in performing his responsibilities under this Act. SEC. 204. PILOT PROGRAM ON SMALL GOVERNMENT FLEXIBILITY. (a) The Director of the Office of Management and Budget, in consultation with Federal agencies, shall establish pilot programs in at least 2 agencies to test innovative, and more flexible regulatory approaches that-- (1) reduce reporting and compliance burdens on small governments; and (2) meet overall statutory goals and objectives. (b) The pilot program shall focus on rules in effect or proposed rules, or a combination thereof. TITLE III--JUDICIAL REVIEW SEC. 301. JUDICIAL REVIEW. Any statement or report prepared under this Act, any compliance or noncompliance with the provisions of this Act, and any determination concerning the applicability of the provisions of this act shall not be subject to judicial review. The provisions of this Act shall not create any right or benefit, substantive or procedural, enforceable by any person in any administrative or judicial action. No ruling or determination under this act shall be considered by any court in determining the intent of Congress or for any other purpose. TITLE IV--BASELINE STUDY SEC. 401. BASELINE STUDY OF COSTS AND BENEFITS. (a) No later than 6 months after the date of enactment of this Act, the Director of the Bureau of the Census, in consultation with the Director, shall begin a study to examine the measurement and definition issues involved in calculating the total costs and benefits to States, local governments, and tribal governments of compliance with Federal law. The study shall consider the feasibility of measuring indirect costs and benefits as well as direct costs and benefits of the Federal, State, local, and tribal relationship. The study shall consider how to measure both the direct and indirect benefits of Federal financial assistance and tax benefits to States, local governments, and tribal governments. (b) There are authorized to be appropriated to the Bureau of the Census to carry out the purposes of this title, $1,000,000 for fiscal year 1995 and $1,000,000 for fiscal year 1996. HR 4771 IH----2 HR 4771 IH----3 | TABLE OF CONTENTS: Title I: Legislative Accountability and Reform Title II: Regulatory Accountability and Reform Title III: Judicial Review Title IV: Baseline Study Federal Mandate Accountability and Reform Act of 1994 - Title I: Legislative Accountability and Reform - Requires each congressional committee of authorization to issue with every reported bill containing a Federal mandate an analysis of the fiscal impact of that mandate on State, local, and tribal governments, especially to the extent it: (1) imposes new enforceable duties; or (2) reduces or eliminates Federal financial assistance. (Sec. 102) Requires the Director of the Congressional Budget Office (CBO) to study and report on any proposed legislation establishing, amending, or reauthorizing any Federal program likely to have a significant budgetary impact on State, local, or tribal governments, especially any direct costs below or above $50 million threshold. Authorizes appropriations to CBO to conduct such studies. (Sec. 103) Provides for a point of order against any reported legislation unless it has a CBO Director report and either: (1) the direct costs of all Federal mandates in the legislation are estimated at less than $50 million in each of up to five fiscal years; or (2) the increase in authorization of appropriations under existing or for new Federal financial assistance programs provided by the legislation and usable by State, local, or tribal governments for mandate-subject activities is at least equal to the estimated direct costs of the mandates; and (3) the committee of jurisdiction has identified a reduction in authorization of existing appropriations, a reduction in direct spending, or an increase in receipts. Title II: Regulatory Accountability and Reform - Requires each agency to: (1) assess the effects of Federal regulations on State, local, and tribal governments, including the availability of resources to carry out any mandates in those regulations; and (2) seek to minimize those burdens that uniquely or significantly affect such governmental entities, consistent with achieving statutory and regulatory objectives. (Sec. 201) Directs each agency to develop an effective process to permit elected officials and other representatives of State, local, and tribal governments to provide meaningful and timely input in the development of regulatory proposals. Authorizes appropriations. (Sec. 202) Requires each agency to prepare a written statement of specified estimates before promulgating any notice of proposed rulemaking or final rule including Federal mandates that may result in aggregate State, local, or tribal expenditures of $100 million or more in any one year. (Sec. 203) Requires the Director of the Office of Management and Budget (OMB) to collect such statements and forward copies to the CBO Director. (Sec. 204) Requires the OMB Director to establish pilot programs in at least two agencies to test innovative and more flexible regulatory approaches that: (1) reduce reporting and compliance burdens on small governments; and (2) meet overall statutory goals and objectives. Title III: Judicial Review - Declares that any reports or statements prepared under this Act, any compliance or noncompliance with it, and any determination concerning its applicability shall not be subject to judicial review. Title IV: Baseline Study - Requires the Director of the Bureau of the Census to examine the measurement and definition issues involved in calculating the total costs and benefits to State, local, and tribal governments of compliance with Federal law. Requires such study to consider the feasibility of measuring indirect costs and benefits as well as the direct costs and benefits of the Federal, State, local, and tribal relationship. Authorizes appropriations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Methamphetamine Trafficking Prevention Act of 2006''. SEC. 2. FINDINGS AND PURPOSE. Congress finds-- (1) legislation has been enacted to curb domestic methamphetamine production; (2) according to the President's Synthetic Drug Control Strategy, border seizures of methamphetamine almost doubled between 2000 and 2004; (3) as much as 75 to 85 percent of the methamphetamine used in the United States is made from precursors in the international stream of commerce; (4) successful exchange programs between the Drug Enforcement Administration and Mexican law enforcement officials have helped aid in methamphetamine lab seizures and limiting methamphetamine production in Mexico; and (5) the goal of United States policy should be directed toward curbing the spread of methamphetamine abuse and manufacture. SEC. 3. METHAMPHETAMINE COLLECTION AND DETECTION. (a) Border Technology Grant Program.-- (1) In general.--Section 2996 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797cc) is amended by adding at the end the following: ``(b) Border Technology Grants Program.-- ``(1) In general.--The Attorney General, through the Bureau of Justice Assistance in the Office of Justice Programs, may make grants to States and eligible private entities to use technology or aerial surveillance to detect methamphetamine and its precursors on the border of the United States (in this part referred to as the `Border Technology Grants Program'). ``(2) Criteria.--A State or eligible private entity desiring a grant under the Border Technology Grants Program shall demonstrate that the project for which the State or eligible private entity seeks a grant incorporates a viable use of technology or aerial surveillance to detect methamphetamine and its precursors on the border of the United States. ``(3) Detection.--In awarding grants under the Border Technology Grants Program, the Director of the Bureau of Justice Assistance shall consider technologies that can detect active methamphetamine production sites on or near the border of the United States through the use of hyperspectral sensors. ``(4) Definition.--In this subsection, the term `eligible private entity' means an entity meeting such criteria as the Director of the Bureau of Justice Assistance, in consultation with the Commissioner for United States Customs and Border Protection, shall establish, focusing on entities using technology to identify methamphetamine or its precursors.''. (2) Authorization of appropriations.--Section 2997 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797cc-1) is amended-- (A) by striking ``There are authorized'' and inserting the following: ``(a) In General.--There are authorized''; and (B) by adding at the end the following: ``(b) Border Technology Grants Program.--There are authorized to be appropriated $15,000,000 for each of fiscal years 2007 through 2011, to carry out the Border Technology Grants Program.''. (b) Trace Chemical Detectors.--There are authorized to be appropriated to the Drug Enforcement Administration $5,000,000 for each of fiscal years 2007 through 2011, to deploy trace chemical detectors (used to detect narcotics and explosive devices) along the border of the United States. SEC. 4. COORDINATION OF ANTI-METHAMPHETAMINE ACTIVITIES WITH OTHER COUNTRIES. (a) Trade Negotiations.--It is the sense of Congress that the United States Trade Representative should consider ways to curb illicit use and shipment of pseudoephedrine, ephedrine, and similar chemicals in any multilateral or bilateral negotiations. (b) Exchanges Between the Drug Enforcement Administration and Foreign Law Enforcement.-- (1) In general.--The Administrator of the Drug Enforcement Administration shall select foreign law enforcement officers to participate in a special investigative program. (2) Criteria.--In selecting foreign law enforcement officers under paragraph (1) the Administrator-- (A) may select a police officer, prosecutor, or other law enforcement officer from a country that traffics methamphetamine or its precursors into the United States; and (B) shall select such officers in a manner that maximizes the education and training efforts of the United States. (c) Authorization of Appropriations.--There are authorized to be appropriated $2,000,000 to carry out this section. SEC. 5. REPORT TO CONGRESS ON METHAMPHETAMINE EFFORTS ON INDIAN RESERVATIONS. Not later than 180 days after the date of enactment of this Act, the Attorney General shall submit a report to Congress regarding problems faced by Indian reservations located on or near the border of the United States with respect to methamphetamine trafficking and abuse. | Methamphetamine Trafficking Prevention Act of 2006 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Attorney General to make grants to states and private entities to use technology or aerial surveillance to detect methamphetamine (and its chemical precursors) on the U.S. border (Border Technology Grants Program). Authorizes appropriations to the Drug Enforcement Administration (DEA) in FY2007-FY2011 to deploy trace chemical detectors for detecting narcotics and explosive devices along the U.S. border. Expresses the sense of Congress that the U.S. Trade Representative should consider ways to curb illicit use and shipment of pseudoephedrine, ephedrine, and similar chemicals in any multilateral or bilateral negotiations. Directs the DEA Administrator to establish an exchange program with foreign law enforcement officers from countries that traffic methamphetamine into the United States. Directs the Attorney General to report to Congress on methamphetamine trafficking and abuse on Indian reservations on or near the U.S. border. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``China-World Trade Organization Compliance Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) On November 15, 1999, the United States Trade Representative announced the completion of a bilateral agreement with the People's Republic of China regarding accession of the People's Republic of China to the World Trade Organization. (2) Congress must grant the People's Republic of China permanent normal trade relations status in order for the United States to receive all the benefits of China's accession to the World Trade Organization. (3) The People's Republic of China has been a centrally planned, nonmarket economy since its founding in 1949. (4) In 1978, the People's Republic of China initiated the first in a series of economic reforms and has made some meaningful and desirable progress in opening up its economy to imports, exports, and investment. (5) Granting permanent normal trade relations to China would help cement the economic reforms that have taken place thus far and would help those Chinese leaders who are committed to economic reform to institutionalize these reforms. (6) Despite these reforms, the People's Republic of China is still largely a nonmarket economy and the People's Republic of China is still a long way from meeting international standards of transparency, legal accountability, reliability of statistics, and uniform application of law. (7) The viability and credibility of the World Trade Organization and the health of the world trading system require that the People's Republic of China adheres fully to the bilateral and multilateral commitments it makes during the accession process. (8) Current trade monitoring and enforcement mechanisms within the United States Government and within the World Trade Organization are not designed to take account of the unique Chinese economic structure. (9) The General Accounting Office has reported that even simple recordkeeping of agreements in various executive agencies is inadequate and incomplete. (10) It is necessary to establish new mechanisms, both within the executive branch and within Congress, to ensure adequate and continual monitoring and enforcement of China's commitments at the World Trade Organization. (11) The opaque features of the Chinese economy, the nonuniform implementation of Chinese Government economic policies, the decentralized nature of Chinese Government economic management, and the new nature of Chinese Government commitments under the World Trade Organization, make it necessary to create a comprehensive, multiagency effort to monitor China's compliance with its commitments. (12) Various Federal agencies should be tasked with different aspects of monitoring China's compliance with its commitments. SEC. 3. MONITORING. (a) Plan.-- (1) In general.--Not later than 90 days after the date that the People's Republic of China accedes to the World Trade Organization, the President shall submit a detailed plan to Congress for monitoring the People's Republic of China's compliance with the commitments it makes as part of that accession. (2) Content of plan.--The plan described in paragraph (1) shall-- (A) include specific assignments to Federal agencies with respect to monitoring China's compliance; and (B) provide for a mechanism to assure public participation in evaluating China's compliance with its commitments. (3) Estimate of costs for monitoring activities.--The President shall submit to Congress, as part of the plan described in paragraph (1), an estimate of the cost for conducting the monitoring activities required under this Act. (4) Annual updates.--The President shall annually submit to Congress an updated and revised plan as part of the President's report to Congress described in section 4. (b) GAO Survey and Report.-- (1) In general.--In order to determine the degree to which the People's Republic of China is complying with its World Trade Organization commitments and to obtain information about any problems encountered by United States businesses, the Comptroller General of the United States shall survey annually the 50 United States companies doing the most business with the People's Republic of China in each of the following categories: (A) Exporting nonagricultural goods. (B) Exporting agricultural goods. (C) Exporting or providing services. (D) Investing. (E) Importing goods. (2) Report.--The Comptroller General shall submit a report to Congress on the results of the survey described in paragraph (1). (c) Report by ITC.--The International Trade Commission shall report annually to Congress on United States-China bilateral export and import statistics, including, to the extent practicable, reconciling any differences in United States-source and Chinese-source data. SEC. 4. REPORT ON COMPLIANCE. (a) In General.--Not later than 1 year after the People's Republic of China accedes to the World Trade Organization, and annually thereafter, the United States Trade Representative shall submit a report to Congress on China's compliance with its commitments made in connection with its accession to the World Trade Organization, including both multilateral commitments and any bilateral commitments made to the United States. (b) Public Participation.--In preparing the report described in subsection (a), the United States Trade Representative shall seek public participation by publishing a notice in the Federal Register and holding a public hearing. (c) Content.--The report described in subsection (a) shall include the results of monitoring China's compliance, and the specific conclusions reached by each Federal agency assigned responsibility for monitoring. SEC. 5. ACTION BY COMMITTEES. (a) Section 301 Action.-- (1) In general.--Notwithstanding any other provision of law, the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives, after considering the report described in section 4 and holding hearings on the report-- (A) may, by majority vote of either committee, instruct the United States Trade Representative to take appropriate action pursuant to title III of the Trade Act of 1974 (19 U.S.C. 2411 et seq.), after initiating an investigation under section 301 of such Act to determine under section 304(a)(1) of such Act if-- (i) the rights of the United States under any trade agreement are being denied; or (ii) an act, policy, or practice of the People's Republic of China-- (I) violates, or is inconsistent with, the provisions of, or otherwise denies benefits to the United States under, any trade agreement; or (II) is unjustifiable and burdens or restricts United States commerce; or (B) may, by majority vote of both committees, instruct the United States Trade Representative to initiate action before the Dispute Settlement Body (as defined in section 121(5) of the Uruguay Round Agreements Act). (2) Adverse inference.--Section 304(a) of the Trade Act of 1974 (19 U.S.C. 2414(a)) is amended by adding at the end the following new paragraph: ``(5) If the foreign country against which an investigation is initiated under this chapter fails or refuses to cooperate in the investigation, the Trade Representative may draw an inference adverse to the interests of the country for purposes of making an affirmative determination under paragraph (1).''. (b) Initiation of Other Action.-- (1) In general.--Upon completion of an investigation described in subsection (a)(1)(B), if the United States Trade Representative determines that an act, policy, or practice of the People's Republic of China) violates, or is inconsistent with, the provisions of, or otherwise denies benefits to the United States under, any trade agreement (including the commitments made by the People's Republic of China as part of its accession to the World Trade Organization), the United States Trade Representative shall initiate an action before the Dispute Settlement Body of the World Trade Organization, unless there exists another, more effective action. (2) Consultation with congress.--Before taking the action described in paragraph (1), the United States Trade Representative shall consult with Congress and provide Congress with the reasons for taking or not taking an action. SEC. 6. SPECIAL WORLD TRADE ORGANIZATION REVIEW OF CHINA. (a) In General.--It is the sense of Congress that there should be a special multilateral process at the World Trade Organization for conducting an annual review of the People's Republic of China's compliance with the commitments it makes as part of its accession to the World Trade Organization. (b) USTR To Propose Expanded WTO Review.--The United States Trade Representative is directed to propose that-- (1) as part of the Trade Policy Review Mechanism of the World Trade Organization, a thorough review of China's trade policies be conducted each year; (2) the Trade Policy Review Mechanism be significantly enhanced and expanded in connection with the review of the People's Republic of China; and (3) the Trade Policy Review Mechanism of the People's Republic of China include onsite visits and active participation by representatives of World Trade Organization members. SEC. 7. INSTITUTION-BUILDING IN CHINA. (a) In General.--Not later than 90 days after the People's Republic of China accedes to the World Trade Organization, the President shall submit to Congress a plan for providing assistance to China to build the institutions necessary to carry out the obligations China has made as part of its accession to the World Trade Organization. The plan shall include personnel and budget requirements needed to provide assistance. (b) Mechanisms for Providing Assistance.--It is the sense of Congress that the United States should provide the assistance described in subsection (a) through-- (1) bilateral mechanisms; including nongovernmental organizations under contract to the Federal Government; (2) if appropriate, multilateral mechanisms through the auspices of the World Trade Organization; and (3) because United States businesses will be a primary beneficiary of China's compliance, cost-sharing and other cooperative measures with the private sector. (c) Authorization of Appropriations.--There are authorized to be appropriated to carry out the provisions of this section, the lesser of-- (1) $5,000,000 for each fiscal year; or (2) an amount equal to one-tenth of one percent of the dollar value of the goods and services exported to the People's Republic of China during the fiscal year preceding the fiscal year for which the appropriation is made. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act other than section 7. | (Sec. 3) Directs the Comptroller General, in order to determine the degree to which China is complying with its WTO commitments and to obtain information about any problems encountered by U.S. businesses, to survey annually and report to Congress on the 50 U.S. companies doing the most business with China in exporting nonagricultural and agricultural goods, exporting or providing services, investing, or importing goods. Directs the International Trade Commission to report annually to Congress on United States-China bilateral export and import statistics, including, to the extent practicable, reconciling any differences in U.S.-source and Chinese-source data. (Sec. 4) Directs the United States Trade Representative (USTR), not later than one year after China accedes to the WTO, and annually thereafter, to report to Congress on China's compliance with its commitments under the WTO, including both multilateral commitments and any bilateral commitments made to the United States. (Sec. 5) Authorizes specified congressional committees to instruct the USTR to: (1) take appropriate trade relief action after initiating an investigation under the Trade Act of 1974 to determine if U.S. rights under any agreement are being denied, or an act, policy, or practice of China violates the provisions of, or otherwise denies benefits to the United States under, any trade agreement, or is unjustifiable and burdens or restricts U.S. commerce; or (2) initiate action before the Dispute Settlement Body of the WTO. Amends the Trade Act of 1974 to authorize the USTR, for purposes of making an affirmative determination with respect to an investigation, to draw an inference adverse to the interest of a country that fails or refuses to cooperate in the investigation. Directs the USTR, if he or she makes an affirmative determination with respect to China, to initiate an action before the Dispute Settlement Body, unless there exists another, more effective action. (Sec. 6) Expresses the sense of Congress that there should be a special multilateral process at the WTO for conducting an annual review of China's compliance with the commitments it makes as part of its accession to the WTO. Directs the USTR to propose that: (1) as part of the Trade Policy Review Mechanism of the WTO, a thorough review of China's trade policies be conducted each year; (2) the Trade Policy Review Mechanism be significantly enhanced and expanded in connection with the review of China; and (3) the Trade Policy Review Mechanism of China include onsite visits and active participation by representatives of WTO members. (Sec. 7) Directs the President to submit to Congress a plan for providing assistance to China to build the institutions necessary to carry out the obligations China has made as part of its accession to the WTO. Authorizes appropriations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Newsprint Recycling Incentives Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Of the total United States waste-stream of 145 million metric tons per year, paper and related products compose 64 million metric tons, or 40 percent of the total. (2) Ninety percent of old newspaper waste in the United States is not recycled and ends up in the waste-stream. (3) State and local newspaper recycling programs have helped create a growing surplus of old newspaper waste and have helped to bring about a collapse of the market for recycled newsprint. (4) The current glut of old newspaper waste has caused the market for old newspaper waste to decline from a price of $30 per ton to a cost or loss of $10 per ton. (5) The price of new newsprint does not reflect the increasing cost to communities of disposal and landfilling of old newspaper waste. Such cost currently is between $20 and $60 per ton, on average. (6) The cost of recycling old newspaper waste is substantially less than the cost of disposal. (7) The demand for old newspaper waste needs to be increased to provide both an outlet for the rapidly increasing glut of old newspaper waste and stable markets for recyclers to invest in de-inking facilities. (8) A minimum recycling requirement can be used to create a market which accurately reflects the societal costs of old newspaper waste. (9) The creation of an efficient market for recycled newsprint requires that the cost of disposal be included in the cost of unrecycled products. (10) The Administrator of the Environmental Protection Agency requires additional statutory authority to increase recycling of old newspaper waste and to stimulate demand. SEC. 3. REQUIREMENTS TO RECYCLE NEWSPRINT. (a) In General.--Subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.) is amended by adding at the end thereof the following: ``SEC. 4011. NEWSPRINT RECYCLING REQUIREMENTS. ``(a) General Requirement.--(1) Beginning not later than 18 months after the date of the enactment of the Newsprint Recycling Incentives Act, a producer or importer of newsprint each year shall recycle, using a method described in paragraph (2), an amount of newsprint equal to at least that amount of newsprint determined by-- ``(A) multiplying the newsprint produced or imported that year by such person, by ``(B) the recycling percentage established by the Administrator under subsection (b). ``(2) A producer or importer of newsprint may comply with this subsection-- ``(A) by recycling, through de-inking, newsprint for purposes of producing recycled newsprint; ``(B) by purchasing recycled newsprint for purposes of combining with shipments of virgin newsprint; or ``(C) by purchasing recycling credits under the recycling credit system established pursuant to subsection (c). ``(b) Recycling Percentage.--The Administrator each year shall establish a recycling percentage for use under subsection (a). The percentage applicable during the first year that the requirement established by subsection (a) is in effect shall be not less than 20 percent. For each of the ten years thereafter, the recycling percentage shall be an additional 2 percentage points higher than the percentage of the previous year. ``(c) Credit System for Recycling Newsprint.--(1) Not later than 18 months after the date of the enactment of the Newsprint Recycling Incentives Act, the Administrator shall promulgate regulations to establish a system under which (A) producers or importers of recycled newsprint may create credits for used newsprint recycling, and (B) producers or importers of newsprint (virgin or recycled) may purchase such recycling credits from such recyclers, for purposes of complying with subsection (a). The regulations shall include a mechanism or mechanisms (including an auction) for any allocation of credits that may be necessary. No person may create such credits, and no producer or importer of newsprint may purchase such credits, except in accordance with this subsection and the regulations promulgated under this subsection. ``(2) At a minimum, the regulations under subsection (c) shall include the following requirements: ``(A) The producer or importer of recycled newsprint shall maintain records of the receipt of old newsprint and other paper products for de-inking and subsequent recycling. Such records shall be maintained for at least 2 years. ``(B) The producer of recycled newsprint shall notify the Environmental Protection Agency of the producer's capacity to recycle old newsprint. Such notification shall state the overall newsprint capacity and that portion dedicated to de- inking and recycling. ``(C) The importer of recycled newsprint shall notify the United States Customs Service of the amount of newsprint being imported by the importer. Such notice shall be accompanied by a certification verifying the accuracy of the notice. The certification shall be made by the official responsible for negotiating trade agreements of the country from which the importer is shipping newsprint to the United States. ``(D) Producers or importers of newsprint shall maintain records of sales of virgin and recycled newsprint, including quantities and prices of recycled newsprint and sales or other disposition of such recycling credits as may be used to demonstrate compliance with the requirements of this section. Such records shall be maintained for at least 2 years. ``(E) Producers and importers of newsprint shall report to the Administrator of the Environmental Protection Agency annually and on an interim quarterly basis-- ``(i) the amount of recycled content newsprint produced or imported each year; ``(ii) the number of credits purchased or otherwise acquired from other producers or importers; and ``(iii) the number of credits sold or otherwise distributed to other producers or importers. ``(3) The Administrator may include such other requirements in the regulations under paragraph (1) with respect to qualifications for recyclers, importers, and producers; methods for auditing compliance with the system; and enforcement of the system; as the Administrator considers necessary or appropriate for administering the recycling credit system established under this subsection. ``(4) For purposes of this section, the term `recycling credit' means a legal record of a recycling activity undertaken in accordance with this subsection that represents an amount of newsprint recycled through de-inking for purposes of complying with this section. ``(d) Reports.--(1) Not later than 6 years after the date of the enactment of the Newsprint Recycling Incentives Act, the Administrator shall submit to Congress an interim report on the implementation of this section. The report shall include, at a minimum-- ``(A) a discussion of the effects of the requirements of this section on the newsprint and newspaper industry and on the environment; and ``(B) an evaluation of the level of the recycling percentage under subsection (b) and recommendations on whether, and at what rate, the percentage should be increased in future years above the percentage applicable under subsection (b). ``(2) Not later than 10 years after such date, the Administrator shall submit to Congress a final report on the implementation of this section. The report shall include an updated version of the discussion and evaluation required in the interim report, as well as such other findings and recommendations with respect to the implementation of this section as the Administrator considers appropriate. ``(e) Applicability.--This section applies to any person who produces or imports more than 10 tons of newsprint a year. ``(f) Regulations.--The Administrator shall promulgate regulations to implement this section not later than 18 months after the date of the enactment of the Newsprint Recycling Incentives Act. If the Administrator fails to promulgate such regulations by that date, the recycling percentage under subsection (b) shall be 20 percent until such time as the regulations are promulgated. ``(g) Civil Penalty.-- ``(1) Whoever violates this section shall be liable to the United States for a civil penalty in an amount not to exceed $2,500 for each such violation. Such civil penalty shall be assessed by the Administrator of the Environmental Protection Agency by an order made on the record after opportunity for a hearing in accordance with section 554 of title 5, United States Code. Before issuing such an order, the Administrator shall give written notice to the person to be assessed a civil penalty and provide such person an opportunity to request, within 15 days of the date the notice is received by such person, a hearing on the order. ``(2) In determining the amount of a civil penalty, the Administrator shall take into account the nature, circumstances, extent, and gravity of the violation or violations and, with respect to the violator, ability to pay, effect on ability to continue to do business, any history of prior violations under this section, the degree of culpability, and such other matters as justice may require. ``(3) The Administrator may compromise, modify, or remit, with or without conditions, any civil penalty which may be imposed under this subsection. The amount of such penalty, when finally determined, or the amount agreed upon in compromise, may be deducted from any sums owing by the United States to the person charged. ``(4) Any person who requested in accordance with this subsection a hearing respecting the assessment of a civil penalty and who is aggrieved by an order assessing a civil penalty may file a petition for judicial review of such order with the United States Court of Appeals for the District of Columbia Circuit or for any other circuit in which such person resides or transacts business. Such a petition may only be filed within the 30-day period beginning on the date the order making such assessment was issued. ``(5) If any person fails to pay an assessment of a civil penalty-- ``(A) after the order making the assessment has become a final order and if such person does not file a petition for judicial review of the order in accordance with this section, or ``(B) after a court in an action brought under this section has entered a final judgment in favor of the Administrator, the Attorney General shall recover the amount assessed (plus interest at currently prevailing rates from the date of the expiration of the 30-day period referred to in paragraph (4) or the date of such final judgment, as the case may be) in an action brought in any appropriate district court of the United States. In such an action, the validity, amount, and appropriateness of such penalty shall not be subject to review. ``(h) High Grade Paper Recycling.--(1) Not later than three years after the date of the enactment of the Newsprint Recycling Incentives Act, the Administrator shall submit to Congress a plan, based on the experience with the implementation of this section, for the recycling of post-consumer high grade paper. The plan shall discuss the desirability and feasibility, in terms of environmental impacts resulting from reduced volume and economic impacts, of requiring the recycling of such paper, and the specific manner in which such recycling could be accomplished if the Administrator concludes that such recycling is feasible. The plan also shall include an incentive- based method or methods for accomplishing the recycling, such as a credit system (as established under subsection (c)). ``(2) Not later than one year after the plan is submitted under paragraph (1), the Administrator shall begin to implement the plan. For purposes of implementing the plan, the Administrator is authorized to carry out any of the methods for accomplishing the recycling of the paper that are included in the plan. ``(3) For purposes of this subsection, the term `high grade paper', means printed or unprinted sheets, shavings, guillotined books, quire waste, and cuttings of sulphite or sulphate ledger, bond, and writing paper (and all other papers which have a similar fiber and filler content). (b) Technical Amendment.--The table of contents for subtitle D of the Solid Waste Disposal Act (contained in section 1001 of such Act) is amended by adding at the end thereof the following: ``Sec. 4011. Newsprint recycling requirements.''. SEC. 5. AUTHORIZATION. There is authorized to be appropriated to the Administrator of the Environmental Protection Agency $1,200,000 to carry out section 4011 of the Solid Waste Disposal Act (as added by section 3). Such funds shall be used to hire the equivalent of at least six additional full-time employees to carry out such provisions. Such funds shall remain available until expended. | Newsprint Recycling Incentives Act - Amends the Solid Waste Disposal Act to require producers or importers of newsprint to recycle an amount of newsprint equal to the amount determined by multiplying the amount of newsprint produced or imported annually by the recycling percentage established by the Administrator of the Environmental Protection Agency (EPA). Authorizes compliance with this Act by: (1) recycling (through deinking) newsprint; (2) purchasing recycled newsprint to combine with shipments of virgin newsprint; or (3) purchasing recycling credits under this Act. Requires the recycling percentage to be at least 20 percent. Provides for increases in such percentage of two points annually for the next ten years. Requires the Administrator to promulgate regulations to allow newsprint producers or importers to create or purchase recycling credits. Applies recycling requirements to persons who produce or import more than ten tons of newsprint annually. Sets the recycling percentage at 20 percent if the Administrator fails to promulgate such regulations. Prescribes civil penalties for violations of this Act. Directs the Administrator to submit to the Congress and implement a plan for the recycling of post-consumer high grade paper. Authorizes appropriations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Award Program Reauthorization Act of 2009''. SEC. 2. CONGRESSIONAL AWARD PROGRAM. (a) Implementation and Presentation.--Section 102 of the Congressional Award Act (2 U.S.C. 802) is amended-- (1) in the matter following subsection (b)(5), by striking ``under paragraph (3)''; and (2) in subsection (c), in the second sentence, by striking ``during'' and inserting ``in connection with''. (b) Terms of Appointment and Reappointments.--Section 103 of the Congressional Award Act (2 U.S.C. 803) is amended by striking subsection (b) and inserting the following: ``(b) Terms of Appointed Members; Reappointment.-- ``(1) Appointed members of the Board shall continue to serve at the pleasure of the officer by whom they are appointed, and (unless reappointed under paragraph (2)) shall serve for a term of 4 years. ``(2)(A) Subject to the limitations in subparagraph (B), members of the Board may be reappointed, except that no member may serve more than 2 full consecutive terms. Members may be reappointed to 2 full consecutive terms after being appointed to fill a vacancy on the Board. ``(B) Members of the Board shall not be subject to the limitation on reappointment in subparagraph (A) during their period of service as Chairman of the Board and may be reappointed to an additional full term after termination of such Chairmanship. ``(3)(A) Notwithstanding paragraph (1) or (2), the term of each member of the Board shall begin on October 1 of the even numbered year which would otherwise apply with one-half of the Board positions having terms which begin in each even numbered year. ``(B) Subparagraph (A) shall apply to appointments made to the Board on or after the date of enactment of the Congressional Award Program Reauthorization Act of 2009.''. (c) Requirements Regarding Financial Operations.--Section 104(c) of the Congressional Award Act (2 U.S.C. 804(c)) is amended-- (1) in paragraph (1), in the third sentence, by striking ``, in any calendar year,'' and inserting ``in any fiscal year''; and (2) by striking paragraph (2) and inserting the following: ``(2)(A) The Comptroller General of the United States shall determine for each fiscal year whether the Director has substantially complied with paragraph (1). The findings made by the Comptroller General under the preceding sentence shall be included in the reports submitted under section 107(b). ``(B) If the Director fails to substantially comply with paragraph (1), the Board shall instruct the Director to take such actions as may be necessary to correct such deficiencies, and shall remove and replace the Director if such deficiencies are not promptly corrected.''. (d) Funding and Expenditures.--Section 106(a) of the Congressional Award Act (2 U.S.C. 806(a)) is amended by striking paragraph (1) and inserting the following: ``(1) the Board shall carry out its functions and make expenditures with-- ``(A) such resources as are available to the Board from sources other than the Federal Government; and ``(B) funds awarded in any grant program administered by a Federal agency in accordance with the law establishing that grant program.''. (e) Statewide Congressional Award Councils.--Section 106(c) of the Congressional Award Act (2 U.S.C. 806(c)) is amended by striking paragraph (4) and inserting the following: ``(4) Each Statewide Council established under this section may receive contributions, and use such contributions for the purposes of the Program. The Board shall adopt appropriate financial management methods in order to ensure the proper accounting of these funds. Each Statewide Council shall comply with subsections (a), (d), (e), and (h) governing the Board.''. (f) Contracting and Use of Funds for Scholarships.--Section 106 of the Congressional Award Act (2 U.S.C. 806) is amended-- (1) in subsection (d), by inserting ``to be'' after ``expenditure is''; and (2) in subsection (e)(1)(A), by inserting ``or for scholarships'' after ``local program''. (g) Nonprofit Corporation.--Section 106 of the Congressional Award Act (2 U.S.C. 806) is amended by striking subsection (i) and inserting the following: ``(i)(1) The Board shall provide for the incorporation of a nonprofit corporation to be known as the Congressional Award Foundation (together with any subsidiary nonprofit corporations determined desirable by the Board, collectively referred to in this title as the `Corporation') for the sole purpose of assisting the Board to carry out the Congressional Award Program, and shall delegate to the Corporation such duties as it considers appropriate, including the employment of personnel, expenditure of funds, and the incurrence of financial or other contractual obligations. ``(2) The articles of incorporation of the Congressional Award Foundation shall provide that-- ``(A) the members of the Board of Directors of the Foundation shall be the members of the Board, with up to 24 additional voting members appointed by the Board, and the Director who shall serve as a nonvoting member; and ``(B) the extent of the authority of the Foundation shall be the same as that of the Board. ``(3) No director, officer, or employee of any corporation established under this subsection may receive compensation, travel expenses, or benefits from both the Corporation and the Board.''. (h) Termination.-- (1) In general.--Section 108 of the Congressional Award Act (2 U.S.C. 808) is amended by striking ``October 1, 2009'' and inserting ``October 1, 2013''. (2) Effective date.--This subsection shall take effect as of October 1, 2009. Speaker of the House of Representatives. Vice President of the United States and President of the Senate. | Congressional Award Program Reauthorization Act of 2009 - (Sec. 2) Amends the Congressional Award Act to revise requirements for appointment and reappointment of members of the Congressional Award Board, especially the limitation of service on the Board to two consecutive terms. Exempts a member from the two-term limit during a period of service as Board Chairman. Permits reappointment of such individual to an additional full term after termination of such Chairmanship. Requires a Board member's term to begin on October 1 of the even numbered year, with one-half of the Board positions having terms which begin in each even numbered year. Changes from calendar to fiscal year the annual period for which the Director is required to ensure that the Board's liabilities do not exceed its assets. Requires the Board, if the Comptroller General finds that the Director has not substantially complied with such duty, to: (1) instruct the Director to take such necessary actions to correct any deficiencies (as under current law); and (2) remove and replace the Director if they are not promptly corrected. Repeals the requirement that, upon a Director's failure to correct such deficiencies, the Board take necessary action to prepare for the orderly cessation of Board activities. Allows the Board to accept funds to carry out its functions and make expenditures that are awarded in any grant program administered by a federal agency. (Currently the Board is prohibited from using federal resources.) Repeals the limitation on contributions to Statewide Congressional Award Councils to public monetary and in-kind contributions for Program purposes (thus allowing private contributions as well). Allows the donation of funds or other resources to restrict their use to scholarships. Names the nonprofit corporation the Board is required to establish to assist it in carrying out the Program the Congressional Award Foundation. Repeals the requirement that the corporation be private. Treats the Foundation together with any subsidiary nonprofit corporations as the collective Corporation to which appropriate duties shall be delegated, including the employment of personnel, expenditure of funds, and the incurrence of financial or other contractual obligations. Allows the Congressional Award Board (which as under current law shall be members of the Board of Directors of the Foundation) to appoint up to 24 additional voting members to the Foundation Board. Makes the Congressional Award Program Director serve as a nonvoting member of the Foundation Board. Extends the Congressional Award Board until October 1, 2013. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``General Aviation Small Business Relief Act of 2001''. SEC. 2. SMALL BUSINESS ASSISTANCE. (a) In General.--Section 7(b) of the Small Business Act (15 U.S.C. 636(b)) is amended by adding after paragraph (3) the following: ``(4) General aviation small business relief.-- ``(A) Grant and loan authority.--Notwithstanding any other provision of law, the Administration-- ``(i) shall, upon application, make grants to general aviation small business concerns in an amount equal to the amount of direct losses incurred by each such small business concern beginning on September 11, 2001, as a result of any Federal ground stop order issued by the Secretary of Transportation or any subsequent order which continues or renews such a stoppage related to the terrorist attacks occurring on September 11, 2001, with respect to general aviation small business concerns; ``(ii) may make such loans (either directly or in cooperation with banks or other lending institutions through agreements to participate on an immediate or deferred basis) to assist a small business concern that-- ``(I) is a general aviation small business concern; and ``(II) has suffered or that is likely to suffer as a result of the terrorist attacks perpetrated against the United States on September 11, 2001, substantial economic injury that is not incidental to the revenue of that small business concern and is not compensated for by insurance or otherwise. ``(B) Terms.--With respect to a loan under this paragraph-- ``(i) no interest rate shall apply to the loan, and no interest shall accrue on the loan, during the 1-year period beginning on the date on which the loan is issued; and ``(ii) after the 1-year period described in clause (i), the applicable interest rate and other terms and conditions shall be the same as the interest rate and other terms and conditions as are applicable to economic injury loans under paragraph (2). ``(D) No effect on loan limits.--A grant or loan under this paragraph shall be in addition to any other grant or loan made under this Act, notwithstanding any limitation on the amounts of such grants or loans under this Act. ``(E) No disaster declaration required.--For purposes of assistance under this paragraph, no declaration of a disaster area shall be required. ``(F) Definitions.--In this paragraph-- ``(i) the term `general aviation small business concern' means a small business concern that is a regular provider of general aviation services, including aircraft rentals and flight training instruction; and ``(ii) the term `substantial economic injury' means an economic harm to a small business concern that results in the inability of the small business concern-- ``(I) to meet its obligations as they mature; ``(II) to pay its ordinary and necessary operating expenses; or ``(III) to market, produce, or provide a product or service ordinarily marketed, produced, or provided by the business concern.''. (b) Conforming Amendments.--Section 7(b) of the Small Business Act (15 U.S.C. 636(b)) is amended-- (1) in the second undesignated paragraph following paragraph (4), as added by this section, by striking ``paragraphs (1), (2), and (4)'' and inserting ``paragraphs (1) and (2)''; and (2) in subparagraph (E) of such undesignated paragraph, by striking ``paragraph (1), (2), or (4)'' and inserting ``paragraph (1) or (2)''. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Small Business Administration, such sums as may be necessary to carry out section 7(b)(4) of the Small Business Act, as added by this section, including administrative expenses, to remain available until expended. SEC. 3. DEFERMENT OF SMALL BUSINESS LOAN PAYMENTS. (a) In General.--Notwithstanding any other provision of law, payments on any loan issued to a general aviation small business concern by the Small Business Administration shall be deferred with respect to principal and interest, and no interest shall accrue with respect to such loan, during the 1-year period following the date of enactment of this Act. (b) Resumption of Payments.--At the end of the 1-year period described in subsection (a), the payment of periodic installments of principal and interest shall be required with respect to loans described in subsection (a), in the same manner and subject to the same terms and conditions as would otherwise be applicable to such loan. (c) Definition.--In this section, the term ``general aviation small business concern'' has the same meaning as in section 7(b)(4) of the Small Business Act, as added by section 2 of this Act. SEC. 4. EXTENSION OF DUE DATE FOR EXCISE TAX DEPOSITS. (a) Extension of Due Date for Excise Tax Deposits.--In the case of a general aviation small business concern, any airline-related deposit required under section 6302 of the Internal Revenue Code of 1986 to be made after September 10, 2001, and before November 15, 2001, shall be treated for purposes of such Code as timely made if such deposit is made on or before November 15, 2001. If the Secretary of the Treasury so prescribes, the preceding sentence shall be applied by substituting for ``November 15, 2001'' each place it appears-- (1) ``January 15, 2002''; or (2) such earlier date after November 15, 2001, as the Secretary of the Treasury may prescribe. (b) Definitions.--In this section-- (1) the term ``general aviation small business concern'' has the same meaning as in section 7(b)(4) of the Small Business Act, as added by section 2 of this Act; and (2) the term ``airline-related deposit'' means any deposit of taxes imposed by subchapter C of chapter 33 of the Internal Revenue Code of 1986 (relating to transportation by air). | General Aviation Small Business Relief Act of 2001 - Amends the Small Business Act to direct the Small Business Administration to make grants to general aviation small business concerns in amounts equal to direct losses sustained since September 11, 2001, as a result of any Federal ground stop order(s) related to the terrorist attacks. Authorizes loans to assist such a business that has suffered, as a result of such attacks, substantial economic injury that is not incidental to the business's revenue and that is not compensated for by insurance or otherwise.Extends the due date for excise tax deposits for general aviation small business concerns. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Buy American Carbon Incentives Program Act of 2009''. SEC. 2. DEFINITIONS. In this Act: (1) Avoided conversion agreement.--The term ``avoided conversion agreement'' means a permanent conservation easement covering eligible land enrolled under a climate mitigation contract providing that the eligible land covered will not be converted for development. Avoided conversion agreements shall be consistent with the guidelines of the Farm and Ranchland Protection Program, Forest Legacy Program, or any other program approved by the Secretary for use under this section to provide consistency with Federal legal requirements for permanent conservation easements. (2) Climate mitigation contract.--The term ``climate mitigation contract'' or ``contract'' means a contract of not less than 15 years specifying the eligible practices that will be undertaken, the acreage of eligible land upon which the practices will be undertaken, the agreed rate of compensation per acre, and a schedule to verify that the terms of the contract have been fulfilled. (3) Eligible lands.--The term ``eligible lands'' means agricultural and forestland in the United States that is privately owned at the time of initiation of a climate mitigation contract. (4) Eligible practice.--The term ``eligible practice'' means an agricultural practice or forestry practice determined by the Secretary to provide measurable increases in carbon sequestration and storage on eligible lands beyond customary practices on comparable lands. (5) Program.--The term ``program'' means the carbon incentives program required by this Act. (6) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. SEC. 3. SUPPLEMENTAL GREENHOUSE GAS EMISSIONS REDUCTIONS IN THE UNITED STATES. (a) Establishment and Purpose.--The Secretary of Agriculture shall establish a carbon incentives program to achieve supplemental greenhouse gas emissions reductions on private agricultural and forestland of the United States. (b) Financial Incentive Payments.--The Secretary shall provide financial incentive payments under the program for activities that-- (1) measurably increase carbon sequestration and storage over a designated contract period through management activities on eligible lands; and (2) maintain carbon sequestration and storage and avoid future emissions through permanent avoided conversion agreements on eligible lands. SEC. 4. PROGRAM REQUIREMENTS. (a) Contract Required.--To participate in the program, owners of eligible lands shall enter into a climate mitigation contract with the Secretary. (b) Program Components.--In establishing the program, the Secretary shall further provide that-- (1) funds distributed under this section shall not be substituted for, or otherwise used as a basis for reducing, funding authorized or appropriated under other programs to compensate owners of eligible lands for activities that are not covered under a climate mitigation contract; (2) emissions reductions achieved through a climate mitigation contract shall not be eligible for crediting under any federally established offset program; and (3) compensation for activities under this program shall be set at such a rate so as not to exceed the net estimated benefit an owner of eligible land would receive for the same practices through crediting under any federally established carbon offset program. SEC. 5. INCENTIVE PAYMENTS. (a) Regulations.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish regulations specifying eligible practices and related compensation rates, standards, and guidelines as the basis for developing climate mitigation contracts with owners of eligible lands. (b) Set-Aside of Funds for Certain Purposes.--Not less than 35 percent of program funds shall be used to provide further incentives for owners of eligible lands willing to undertake activities and enter into agreements that protect carbon reductions and otherwise enhance environmental benefits achieved under a climate mitigation contract, which shall include-- (1) 10 percent to provide incentive payments for additional management activities that increase the adaptive capacity of lands under a climate mitigation contract, including but not limited to activities that increase forest resilience to reversal of stored carbon; and (2) 25 percent to make funds available on a competitive basis to compensate owners for entering avoided conversion agreements on lands subject to a climate mitigation contract. SEC. 6. PERFORMANCE OF SUPPLEMENTAL REDUCTIONS. In carrying out the program, the Secretary shall strive to achieve and report on progress toward reaching the following levels of carbon sequestration and storage through climate mitigation contracts: (1) 100,000,000 tons of cumulative reductions by 2020. (2) 200,000,000 tons of additional cumulative reductions by 2030. SEC. 7. PROGRAM MEASUREMENT, MONITORING, VERIFICATION, AND REPORTING. (a) Measurement, Monitoring, and Verification.--The Secretary shall establish and implement protocols that provide reasonable monitoring and verification of compliance with climate mitigation contracts, to include field sampling of actual performance to develop annual estimates of emissions reductions achieved under the program. Eligible practices and compensation rates may be adjusted for future climate mitigation contracts based on results of these measures. (b) Reporting Requirement.--At least once every 18 months, the Secretary shall submit to Congress a report containing-- (1) an estimate of annual and cumulative reductions generated through the program, determined using standardized measures including economic efficiency; and (2) a summary of any changes to the program that will be made as a result of program measurement, monitoring, and verification. (c) Availability of Report.--Each report required by subsection (b) shall be available to the public through the official website of the Department of Agriculture. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as shall be necessary to carry out the purposes of this section. | Buy American Carbon Incentives Program Act of 2009 - Directs the Secretary of Agriculture to: (1) establish a carbon incentives program to achieve supplemental greenhouse gas emissions reductions on private agricultural and forestland; (2) provide financial incentive payments for activities that increase carbon sequestration and storage over a designated contract period, and maintain carbon sequestration and storage and avoid future emissions through permanent avoided conversion agreements; and (3) establish monitoring and compliance protocols. Requires participating owners to enter into a climate mitigation contract with the Secretary. Obligates specified funds for further incentives for activities and agreements that protect carbon reductions and otherwise enhance environmental benefits achieved under a climate mitigation contract. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Employee Ownership Act of 1999''. SEC. 2. OWNERSHIP POLICY FOR THE UNITED STATES. (a) Findings.--The Congress finds that-- (1) there is considerable evidence that employee-owned and employee-controlled corporations are more productive and provide more wealth to their employees than corporations not so owned, and (2) the workplace experience of employee-owned and employee-controlled corporations is proven to foster greater appreciation of the economic system of the United States that relies on ownership of private property and capitalism. (b) Policy.--It is the policy of the United States that by the year 2010, 30 percent of all United States corporations are owned and controlled by employees of the corporations. SEC. 3. TAX INCENTIVES RELATING TO EMPLOYEE-OWNED AND EMPLOYEE- CONTROLLED CORPORATIONS. (a) Trust of Employee-Owned and Employee-Controlled Corporation Exempt From Taxation.-- (1) In general.--Section 501(c) of the Internal Revenue Code of 1986 (relating to list of exempt organizations) is amended by adding at the end the following new paragraph: ``(28)(A) employee-owned and employee-controlled corporation trust. ``(B) For purposes of subparagraph (A), the term `employee- owned and employee-controlled corporation trust' means a trust which has as its primary assets the employer securities (within the meaning of section 409(l)) of an employee-owned and employee-controlled corporation. (2) Employee-owned and employee-controlled corporation defined.--Subsection (a) of section 7701 of such Code (relating to definitions) is amended by adding at the end the following new paragraph: ``(47) Employee-owned and employee-controlled corporation.--The term `employee-owned and employee-controlled corporation' means a corporation in which-- ``(A) more than 50 percent of the voting stock of such corporation is held by a trust for the benefit of the employees of that corporation, ``(B) in all matters requiring the vote of stock, including the election of the board of directors of the corporation, the trustee of such trust is obligated to vote the stock held in trust and allocated to participants in the trust in the manner in which the participants direct, on the basis of 1-employee 1-vote, and to vote any stock not so allocated as if it were so allocated, ``(C) at least 25 employees of such corporation are participants in and beneficiaries of such trust, ``(D) a minimum of 90 percent of the employees who work at least 1,000 hours annually for such corporation are participants in such trust, and ``(E) the trustee administers such trust for the benefit of the employees of such corporation and complies with all requirements of this title relating to employee stock ownership plans (as defined in section 4975(e)(7)) pertaining to independent appraisal of shares not readily tradable and distribution of those shares.''. (b) No Tax on Corporate Income of Employee-Owned and Employee- Controlled Corporation.--Subsection (a) of section 11 of such Code (relating to corporations in general) is amended by inserting before the period at the end the following: ``(other than any employee-owned and employee-controlled corporation)''. (c) Exclusion of Income From Sale of Employee-Owned and Employee- Controlled Corporation Stock by Employee Owner.-- (1) In general.--Part III of subchapter B of chapter 1 of such Code (relating to items specifically excluded from gross income) is amended by redesignating section 139 as section 140 and by inserting after section 138 the following new section: ``SEC. 139. INCOME FROM EMPLOYEE OWNER SALE OF EMPLOYER SECURITIES DISTRIBUTED FROM EMPLOYEE-OWNED AND EMPLOYEE-CONTROLLED CORPORATION TRUST. ``(a) In General.--In the case of an individual, gross income shall not include any proceeds from the qualified sale of employer securities. ``(b) Qualified Sale of Employer Securities.--The term `qualified sale of employer securities' means the sale of employer securities (as defined in section 409(l)) which were distributed to a participant in the employee-owned and employee-controlled corporation trust to-- ``(1) an employee of the employee-owned and employee- controlled corporation which issued such securities, ``(2) such corporation, or ``(3) such trust.''. (2) Clerical amendment.--The table of sections for part III of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 139 and inserting after the item relating to section 138 the following new items: ``Sec. 139. Income from employee owner sale of employer securities distributed from employee-owned and employee-controlled corporation trust. ``Sec. 140. Cross references to other Acts.''. (d) Receipt of Stock in an Employee Owned and Controlled Corporation During 3-Year Transition Period.--Section 83 of such Code (relating to property transferred in connection with performance of services) is amended by adding at the end the following new subsection: ``(i) Receipt of Stock in an Employee Owned and Controlled Corporation During 3-Year Transition Period.-- ``(1) In general.--In the case of an employee, this section shall not apply to the transfer in lieu of compensation of employer securities in an employer owned and controlled corporation during the 3-year period beginning on the effective date of the election of a corporation to become an employee owned and controlled corporation. ``(2) Exception.--If, on the day after the end of the 3- year period referred to in paragraph (1), such corporation is not an employee owned and controlled corporation, paragraph (1) shall not apply and the following sum shall be included in the gross income of such employee: ``(A) an amount equal to the fair market value of all of such securities at the time of transfer (determined without regard to any restriction other than a restriction which by its terms will never lapse) to the employee in lieu of compensation for such period, plus ``(B) an amount equal to 10 percent of the amount determined under subparagraph (A).''. (e) No Tax on Gain on Sales or Transfers to Employee-Owned and Employee-Controlled Corporation Trust.-- (1) In general.--Part III of subchapter O of chapter 1 of such Code (relating to common nontaxable exchanges) is amended by adding at the end the following new section: ``SEC. 1046. SALE OF SECURITIES TO EMPLOYEE-OWNED AND EMPLOYEE- CONTROLLED CORPORATION TRUST. ``(a) Nonrecognition of Gain.--If the taxpayer elects the application of this section, in the case of the sale or transfer of employer securities (as defined in section 409(l)) to an employee-owned and employee-controlled corporation trust, gain on such sale or transfer shall not be recognized if the requirements of subsection (b) are met. ``(b) Requirements.-- ``(1) In general.--The requirements of this subsection are that-- ``(A) the employee-owned and employee-controlled corporation trust acquiring such securities from the taxpayer agrees-- ``(i) to hold such securities for the 3- year period beginning on the date of such transfer or sale, and ``(ii) to notify the taxpayer upon the transfer of such securities before the end of such period, and ``(B) the taxpayer agrees to the provisions of subsection (b). ``(2) Exceptions.--Paragraph (1) shall not apply-- ``(A) in a case where such securities are securities of an employee-owned and employee-controlled corporation which are distributed within such 3-year period to an employee of such corporation, and ``(B) in the case of the sale or transfer of stock of an employee-owned and employee-controlled corporation in connection with the sale or reorganization of such corporation, if such sale or reorganization is approved by the employees of such corporation in a vote held on a 1-employee 1-vote basis. ``(c) Recapture of Tax.--If, during any year within the 3-year period referred to in subsection (b)(1), securities subject to subsection (a) are sold or transferred in a manner that does not meet the requirements of subsection (b), then gain on the sale or transfer described in subsection (a) shall be recognized for the year in which such requirements are not met.''. (2) Clerical amendment.--The table of sections for part III of subchapter O of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 1046. Sale of securities to employee-owned and employee- controlled corporation trust.''. (f) Credit For Transfer of Stock From Estate to Employee-Owned and Employee-Controlled Corporation.-- (1) In general.--Part II of subchapter A of chapter 11 of such Code (relating to credits against tax) is amended by redesignating section 2016 as section 2017 and by inserting after section 2015 the following new section: ``SEC. 2016. CREDIT FOR TRANSFER OF EMPLOYEE SECURITIES FROM ESTATE TO EMPLOYEE-OWNED AND EMPLOYEE-CONTROLLED CORPORATION TRUST. ``(a) General Rule.--The tax imposed by section 2001 shall be credited with the amount of employer securities considered to have been acquired from or to have passed from the decedent to an employee-owned and employee-controlled corporation trust. ``(b) Limitation.--Such credit may not exceed the tax imposed by section 2001, reduced under this part (other than by this section). ``(c) Value of Stock Not Readily Tradable.--No credit shall be allowed under subsection (a) in the case of employer securities which are not readily tradable on an established securities market unless the value of such employer securities is established by an independent appraiser. For purposes of the preceding sentence, the term `independent appraiser' means any appraiser meeting requirements similar to the requirements of the regulations prescribed under section 170(a)(1). ``(d) Definitions.--For purposes of subsection (a)-- ``(1) Acquired from or passed from a decedent.--Employer securities shall be considered to have been acquired from or to have passed from a decedent if the basis of such property in the hands of the employee-owned and employee-controlled corporation trust is determined under section 1014 by reference to paragraph (1), (2), (4), or (9) of subsection (b) of such section. ``(2) Employer securities.--The term `employer securities' has the meaning given such term by section 409(l)), except that such term shall not include any security which is not voting common stock.''. (2) Clerical amendment.--The table of sections for part II of subchapter A of chapter 11 of such Code (relating to credits against tax) is amended by striking the item relating to section 2016 and adding at the end the following new items: ``Sec. 2016. Credit for transfer of employee securities from estate to employee-owned and employee- controlled corporation trust. ``Sec. 2017. Recovery of taxes claimed as credit.''. (g) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. (2) Credit for transfer of stock from estate to employee- owned and employee-controlled corporation.--The amendments made subsection (f) shall apply to estates of decedents dying after the date of the enactment of this Act. SEC. 4. STUDY OF GOVERNMENT POLICIES AFFECTING EMPLOYEE-OWNED AND EMPLOYEE-CONTROLLED CORPORATIONS. The Comptroller General of the United States shall-- (1) conduct a study of all Federal Government regulations and policies that might impact the creation and operation of an employee-owned and employee-controlled corporation as defined in section 7701(a)(47) of the Internal Revenue Code of 1986, (2) identify those regulations and policies that are barriers to employee ownership and control of such a corporation, and (3) not later than one year after the date of the enactment of this Act, submit a report on the findings of such study, together with such recommendations as the Comptroller General determines appropriate, to the Congress. SEC. 5. PRESIDENTIAL COMMISSION ON EMPLOYEE OWNERSHIP. (a) Establishment.--Not later than one year after the date of the enactment of this Act, the President shall establish a commission to be known as the ``Presidential Commission on Employee Ownership'' (hereafter in this section referred to as the ``Commission''). (b) Duties and Report.--The Commission shall-- (1) conduct a study concerning all issues that affect ownership of businesses in the United States, with a primary focus on the issues that affect employee ownership of such businesses, and (2) not later than two years after the date of its establishment, submit a final report to the President and the Congress which includes the findings and recommendations of the Commission. (c) Membership.--The Commission shall be composed of 15 members appointed by the President as follows: (1) Three individuals, each of whom is an employee of a corporation that has at least 50 percent of its voting stock in a trust for the benefit of employees and who is not an officer or senior manager of that corporation. (2) Three individuals, each of whom is an employee of a corporation that has at least 50 percent of its voting stock in a trust for the benefit of employees and who is an officer or senior manager of that corporation. (3) Three individuals, each of whom is a professor employed by an institution of higher learning. (4) Three individuals, each of whom is employed by a not- for-profit entity that has as its primary mission issues arising from employee ownership of businesses. (5) The Secretary of Labor, or his designee, the Secretary of the Treasury, or his designee, and the Director of the Office of Management and Budget, or his designee. (d) Staff.--The Commission shall have such number of staff as the President shall determine, except that such staff shall include not less than five full-time employees. (e) Gifts and Bequests.--The Commission may accept, use, and dispose of gifts or bequests or services or personal property for the purpose of aiding or facilitating the work of the Commission. Gifts or bequests of money and proceeds from sales of other property received as gifts or bequests shall be deposited in the Treasury and shall be available for disbursement upon order of the Commission. | (Sec. 3) Amends the Internal Revenue Code to provide for tax-exempt employee-owned and employee-controlled corporation (EOECC) trusts whose primary assets consist of the employer securities of an EOECC in which: (1) more than 50 percent of the voting stock is held by a trust for the benefit of the corporation's employees; (2) in all matters requiring the vote of stock, including the election of the corporate board of directors, the trustee of such trust is obligated to vote the stock held in trust and allocated to participants in the trust in the manner in which the participants direct, on the basis of one-employee one-vote (and vote any stock not so allocated as if it were so allocated); (3) at least 25 employees of such corporation are participants in and beneficiaries of such trust; (4) a minimum of 90 percent of the employees who work at least 1,000 hours annually for such corporation are participants in such trust; and (5) the trustee administers the trust for the benefit of the corporation's employees, complying with all Code requirements for employee stock ownership plans which pertain to independent appraisal of shares not readily tradable, and distribution of those shares. Declares that: (1) there shall be no tax on the corporate income of an EOECC; and (2) the gross income of an employee owner shall not include any proceeds from the qualified sale of EOECC securities. Exempts from inclusion in gross income of property transferred in connection with performance of services any transfer (in lieu of compensation) of EOECC securities during the three years following a corporation's election to become an EOECC. Mandates nonrecognition of gain in the case of the sale or transfer of EOECC securities to an EOECC trust. Establishes a credit against the estate tax for the amount of EOECC securities considered to have been acquired from or to have passed from a decedent to an EOECC trust. (Sec. 4) Directs the Comptroller General to study and report to Congress on Federal regulations and policies affecting EOECCs. (Sec. 5) Directs the President to establish a Presidential Commission on Employee Ownership to study and report on all issues that affect ownership of businesses in the United States, with a primary focus on the issues that affect employee ownership of such businesses. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Guard and Reserve Readiness and Retention Act of 2005''. SEC. 2. ELIGIBILITY FOR RETIRED PAY FOR NON-REGULAR SERVICE. (a) Age and Service Requirements.--Subsection (a) of section 12731 of title 10, United States Code, is amended to read as follows: ``(a)(1) Except as provided in subsection (c), a person is entitled, upon application, to retired pay computed under section 12739 of this title, if the person-- ``(A) satisfies one of the combinations of requirements for minimum age and minimum number of years of service (computed under section 12732 of this title) that are specified in the table in paragraph (2); ``(B) performed the last six years of qualifying service while a member of any category named in section 12732(a)(1) of this title, but not while a member of a regular component, the Fleet Reserve, or the Fleet Marine Corps Reserve, except that in the case of a person who completed 20 years of service computed under section 12732 of this title before October 5, 1994, the number of years of qualifying service under this subparagraph shall be eight; and ``(C) is not entitled, under any other provision of law, to retired pay from an armed force or retainer pay as a member of the Fleet Reserve or the Fleet Marine Corps Reserve. ``(2) The combinations of minimum age and minimum years of service required of a person under subparagraph (A) of paragraph (1) for entitlement to retired pay as provided in such paragraph are as follows: The minimum years of service required for that Age, in years, is at least: age is: 53..................................................... 34 54..................................................... 32 55..................................................... 30 56..................................................... 28 57..................................................... 26 58..................................................... 24 59..................................................... 22 60..................................................... 20''. (b) 20-Year Letter.--Subsection (d) of such section is amended by striking ``the years of service required for eligibility for retired pay under this chapter'' in the first sentence and inserting ``20 years of service computed under section 12732 of this title.''. (c) Effective Date.--This section and the amendments made by this subsection (a) shall take effect on the first day of the first month beginning on or after the date of the enactment of this Act and shall apply with respect to retired pay payable for that month and subsequent months. SEC. 3. EXPANDED ELIGIBILITY OF SELECTED RESERVE MEMBERS UNDER TRICARE PROGRAM. (a) General Eligibility.--Subsection (a) of section 1076d of title 10, United States Code, is amended-- (1) by striking ``(a) Eligibility.--A member'' and inserting ``(a) Eligibility.--(1) Except as provided in paragraph (2), a member''; (2) by striking ``after the member completes'' and all that follows through ``one or more whole years following such date''; and (3) by adding at the end the following new paragraph: ``(2) Paragraph (1) does not apply to a member who is enrolled, or is eligible to enroll, in a health benefits plan under chapter 89 of title 5.''. (b) Condition for Termination of Eligibility.--Subsection (b) of such section is amended by striking ``(b) Period of Coverage.--(1) TRICARE Standard'' and all that follows through ``(3) Eligibility'' and inserting ``(b) Termination of Eligibility Upon Termination of Service.--Eligibility''. (c) Conforming Amendments.-- (1) Such section is further amended-- (A) by striking subsection (e); and (B) by redesignating subsection (g) as subsection (e) and transferring such subsection within such section so as to appear following subsection (d). (2) The heading for such section is amended to read as follows: ``Sec. 1076d. TRICARE program: TRICARE standard coverage for members of the selected reserve''. (d) Repeal of Obsolete Provision.--Section 1076b of title 10, United States Code, is repealed. (e) Clerical Amendments.--The table of sections at the beginning of chapter 55 of title 10, United States Code, is amended-- (1) by striking the item relating to section 1076b; and (2) by striking the item relating to section 1076d and inserting the following: ``1076d. TRICARE program: TRICARE Standard coverage for members of the Selected Reserve.''. (f) Savings Provision.--Enrollments in TRICARE Standard that are in effect on the day before the date of the enactment of this Act under section 1076d of title 10, United States Code, as in effect on such day, shall be continued until terminated after such day under such section 1076d as amended by this section. | Guard and Reserve Readiness and Retention Act of 2005 - Makes an individual eligible for retired pay for non-regular (reserve) military service if such individual: (1) satisfies one of specified combinations of minimum age (between 53 and 60) and years of service (between 20 and 34); (2) performed the last six years of qualifying service in currently authorized categories of military service, but not while a member of a regular component, the Fleet Reserve, or the Fleet Marine Corps Reserve; and (3) is not entitled to any other retirement pay from an armed force or as a member of the Fleet Reserve or Fleet Marine Corps Reserve. Authorizes a member of the Selected Reserve to enroll for self or self and family coverage under the TRICARE program (a Department of Defense managed health care program). |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Stewardship Education, Recreation, and Volunteers for the Environment Act of 1999''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings, purposes, and definitions. Sec. 3. Use of volunteers to perform services to benefit Federal lands. Sec. 4. Recognition of volunteers. Sec. 5. Cooperative agreements for stewardship of Federal lands. Sec. 6. Educational outreach. Sec. 7. Reports and accountability. Sec. 8. Authorization of appropriations. SEC. 2. FINDINGS, PURPOSES, AND DEFINITIONS. (a) Findings.--The Congress finds the following: (1) Lands owned by the United States and managed by the Federal land management agencies encompass extensive natural, cultural, educational, scientific, ecological, wilderness, recreational and other resources and values. (2) Proper stewardship of these resources and values is an important national priority. (3) Individual volunteers and organizations, working in partnership with Federal land management agencies, play an invaluable role in the stewardship of these resources and values. (4) It is in the national interest to encourage and properly recognize the contributions of these volunteers and organizations. (b) Purposes.--The purposes of this Act are-- (1) to encourage individual volunteers and partnership organizations to assist the Secretary of the Interior and the Secretary of Agriculture in implementing programs for the stewardship of the resources, values, and facilities of the Federal lands managed by the Federal land management agencies; and (2) to authorize appropriate recognition for the role of volunteers and partnership organizations in providing such assistance. (c) Definitions.--In this Act: (1) Federal lands.--The term ``Federal lands'' means-- (A) lands owned by the United States and managed by Forest Service of the Department of Agriculture; and (B) lands owned by the United States and managed by a Federal land management agency of the Department of the Interior. (2) Federal land management agency.--The term ``Federal land management agency'' means the Bureau of Land Management, the United States Fish and Wildlife Service, the National Park Service, the Bureau of Reclamation, and the Forest Service. (3) Partnership organization.--the term ``partnership organization'' means an organization that-- (A) draws its membership from private individuals, organizations, corporations, academic institutions, or State and local governments; (B) is established to promote the understanding and conservation of the natural, recreational, and cultural resources of Federal lands and to promote education relating to these natural and cultural resources; and (C) is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of that Code. (4) Secretary concerned.--The term ``Secretary concerned'' means the Secretary of the Interior with respect to the Federal lands described in paragraph (1)(B) and the Secretary of Agriculture with respect to the Federal lands described in paragraph (1)(A). (5) Volunteer.--The term ``volunteer'' means an individual or member of a partnership organization who performs volunteer services pursuant to section 3(a). SEC. 3. USE OF VOLUNTEERS TO PERFORM SERVICES TO BENEFIT FEDERAL LANDS. (a) Authority To Use Volunteers.--The Secretary concerned may recruit, train, and accept the services of individuals and partnership organizations, without compensation, as volunteers to supplement the work of employees of each Federal land management agency in performing activities for the benefit of Federal lands. The Secretary concerned may recruit, train, and accept volunteers without regard to-- (1) the provisions of title 5, United States Code, relating to appointments in the competitive service; or (2) chapter 51 or subchapter III of chapter 53 of title 5, United States Code, relating to classification and General Schedule pay rates for employees. (b) General Status of Volunteers Under Federal Employment Law.-- Except as provided in subsection (c), a volunteer shall not-- (1) be considered to be a Federal employee; and (2) be subject to the provisions of law relating to Federal employment, including provisions relating to hours of work, rates of compensation, leave, unemployment compensation, and Federal employee benefits. (c) Limited Status of Volunteers as Federal Employees.-- (1) Federal tort claims act.--For purposes of chapter 171 of title 28, United States Code, a volunteer (and the partnership organization, if any, that provided the volunteer) shall be considered to be an employee of the Government (as defined in section 2671 of that title) while performing volunteer services pursuant to subsection (a). (2) Compensation for work injuries.--For purposes of subchapter I of chapter 81 of title 5, United States Code, a volunteer shall be considered to be an employee (as defined in section 8101 of title 5, United States Code). SEC. 4. RECOGNITION OF VOLUNTEERS. (a) Volunteer Passports Program.--The Secretary of the Interior and the Secretary of Agriculture, acting jointly, shall establish a program to be known as the ``Volunteer Passports Program'', to appropriately recognize the contributions of volunteers who complete specified hours of volunteer service for a Federal land management agency. (b) Uniformity.--The Volunteer Passports Program shall apply uniformly to each Federal land management agency. (c) Classes of Passports.-- (1) Award and purpose.--The Volunteer Passports Program shall provide for the award of various classes of Volunteer Passports to volunteers. The passport shall entitle the volunteer to exemption, for a specified period of time, from one or more fees charged for access to or use of facilities on lands managed by one or more Federal land management agencies in one or more States. (2) Classes and benefits based on hours of volunteer services.--The award of a particular class of Volunteer Passport to a volunteer shall reflect completion by the volunteer of a specified number of hours of volunteer service, so that completion of additional hours shall result in exemption from additional fees. (d) Progress Report.--Not later than one year after the date of the enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture shall submit to Congress a report concerning the steps taken to implement this section and any steps remaining to be taken to complete its implementation. SEC. 5. COOPERATIVE AGREEMENTS FOR STEWARDSHIP OF FEDERAL LANDS. (a) Authority to Enter Into Agreements.--The Secretary concerned may enter into cooperative agreements (within the meaning of chapter 63 of title 31, United States Code) with any partnership organization, academic institution, or State or local government agency to carry out one or more projects or programs of cooperation with a Federal land management agency in accordance with this section. (b) Authorized Projects and Programs.--Subject to subsection (c), the Secretary concerned may carry out the following types of projects and programs for the Federal lands using a cooperative agreement under subsection (a): (1) Projects and programs that promote the stewardship of resources of Federal lands by volunteers. (2) Projects and programs that support the programs of a Federal land management agency through constructing, operating, maintaining, or improving educational and recreational facilities and services. (3) Projects and programs that increase awareness and understanding of Federal lands through the development, publication, or distribution of educational materials and products. (4) Projects and programs that advance education concerning the Federal lands and the missions of the Federal land management agencies through the use of the Federal lands as outdoor classrooms and development of other educational programs. (5) Projects and programs that contribute financial resources to the Federal lands, under terms that require that the net revenues be used exclusively for volunteer or educational programs at a particular field office, program, site, or project. (c) Conditions on Use of Authority.--The Secretary concerned may use a cooperative agreement under subsection (a) to carry out a project or program for the Federal lands only if the project or program-- (1) complies with all Federal laws and all Federal rules, regulations, and policies; (2) is consistent with the applicable management plan for the Federal lands involved; and (3) satisfies such other terms and conditions as the Secretary concerned determines to be appropriate. (d) Federal Funding and Ownership.-- (1) Matching.--Subject to the availability of appropriations and the requirements of applicable laws, the Secretary concerned may provide funds to match non-Federal funds (and the value of services or materials) donated under a cooperative agreement under this section. With respect to each project, program, or site, the amount of funds provided by a Secretary may not exceed the amount of the non-Federal donations. (2) Use of federal funds.--Any Federal funds used to fund a project or program under a cooperative agreement may be used only for expenses directly related to the project or program and may not be used for operation or administration of any non- Federal entity. (3) Ownership of facilities.--Any new facility, improvement to an existing facility, or other permanent improvement to a Federal lands site or project constructed under this section shall be the property of the United States. (e) Treasury Account.--Amounts received by the Secretary concerned for use in connection with projects and programs conducted under the authority of this section shall be deposited in a separate account in the Treasury and shall be available for such use without further congressional action. Amounts in the account that are attributable to activities at a particular field office or site shall be available to pay the costs of incidental expenses related to volunteer or educational activities and to carry out cooperative agreements for that office or site. SEC. 6. EDUCATIONAL OUTREACH. In implementing this Act and other applicable laws, each Federal land management agency shall seek to cooperate with States, local school districts, and other entities-- (1) to promote participation by students and other young people in volunteer programs of the Federal land management agencies; (2) to promote greater understanding by students and other young people of the resources and values of Federal lands and the importance of proper stewardship of those resources and values; and (3) to provide information and assistance to students and other young people with an interest in careers with a Federal land management agency or other organizations concerned with the management of natural or cultural resources. SEC. 7. REPORTS AND ACCOUNTABILITY. After submission of the report required by section 4(d), the progress and results of all programs and activities authorized under this Act shall be reported through existing agency mechanisms, including budget-related documents. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are hereby authorized to be appropriated such sums as may be necessary to carry out this Act during fiscal years 2001 through 2005. | Directs such Secretaries to jointly establish the Volunteer Passports Program to recognize the contributions of volunteers who complete specified hours of such volunteer service. Exempts volunteers receiving a passport under the Program from certain land or facility access or use fees charged by Federal land management agencies. Requires an implementation report from the Secretaries. Authorizes the Secretary concerned to enter into cooperative agreements with any partnership organization, academic institution, or State or local government agency to carry out cooperative projects or programs with a Federal land management agency for the stewardship of resources of Federal lands. Provides for the promotion of participation of students and other young people in the volunteer programs. Authorizes appropriations for FY 2001 through 2005. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Millennium Challenge Reauthorization Act of 2006''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Purposes. Sec. 3. Establishment and management of Millennium Challenge Corporation. Sec. 4. Authorization of assistance. Sec. 5. Millennium Challenge Compact. Sec. 6. Congressional and public notification of Compact. Sec. 7. Annual report. Sec. 8. Powers of the Corporation; related provisions. Sec. 9. Assistance to certain candidate countries. Sec. 10. Authorization of appropriations. SEC. 2. PURPOSES. Section 602(2) of the Millennium Challenge Act of 2003 (22 U.S.C. 7701(2)) is amended by striking ``economic growth'' and all that follows and inserting the following: ``the reduction of poverty through sustainable, broad-based economic growth, including by strengthening good governance, promoting economic opportunities, and investing in people, as needed.''. SEC. 3. ESTABLISHMENT AND MANAGEMENT OF MILLENNIUM CHALLENGE CORPORATION. Section 604(b)(2) of the Millennium Challenge Act of 2003 (22 U.S.C. 7703(b)(2)) is amended-- (1) by striking ``Appointment'' and all that follows through ``the Chief Executive Officer shall be appointed'' and inserting the following: ``Appointment.--The Chief Executive Officer shall be appointed''; and (2) by striking subparagraph (B). SEC. 4. AUTHORIZATION OF ASSISTANCE. (a) Assistance.--Section 605(a) of the Millennium Challenge Act of 2003 (22 U.S.C. 7704(a)) is amended by striking ``in achieving lasting economic growth and poverty reduction'' and inserting ``in reducing poverty through sustainable, broad-based economic growth, including by strengthening good governance, promoting economic opportunities, and investing in people, as needed,''. (b) Limitations.--Section 605(e)(4) of the Millennium Challenge Act of 2003 (22 U.S.C. 7704(e)(4)) is amended in the second sentence-- (1) by striking ``eleventh and fourteenth provisos'' and inserting ``eighth and twelfth provisos''; (2) by striking ``division E of Public Law 108-7 (117 Stat. 162)'' and inserting ``Public Law 109-102 (119 Stat. 2174- 2176)''; and (3) by striking ``2004'' and inserting ``2007''. SEC. 5. MILLENNIUM CHALLENGE COMPACT. (a) Elements.--Section 609(b)(1) of the Millennium Challenge Act of 2003 (22 U.S.C. 7708(b)(1)) is amended-- (1) in subparagraph (D), by adding at the end before the semicolon the following: ``, and an analysis of how the intended beneficiaries will participate in, or be impacted by, each project''; (2) in subparagraph (J), by striking ``and'' at the end; (3) in subparagraph (K), by striking the period at the end and inserting ``; and'' ; and (4) by adding at the end the following new subparagraph: ``(L) an analysis of the extent to which each project carried out under the Compact will contribute to reducing poverty through sustainable, broad-based economic growth, including by strengthening good governance, promoting economic opportunities, and investing in people, as needed.''. (b) Local Input.--Section 609(d) of the Millennium Challenge Act of 2003 (22 U.S.C. 7708(d)) is amended-- (1) in paragraph (1), by striking ``and'' at the end; (2) by redesignating paragraph (2) as paragraph (3); and (3) by inserting after paragraph (1) the following new paragraph: ``(2) consults with the national legislature of the eligible country; and''. (c) Duration of Compact.--Section 609(j) of the Millennium Challenge Act of 2003 (22 U.S.C. 7708(j)) is amended-- (1) by striking ``The duration'' and inserting the following: ``(1) In general.--Except as provided in paragraph (2), the duration''; and (2) by adding at the end the following new paragraph: ``(2) Exception.-- ``(A) In general.--A Compact shall not include a project with a duration of more than 5 years unless the Board-- ``(i) determines that the project cannot be completed in 5 years or less; and ``(ii) approves a duration for the project of not more than 10 years. ``(B) Congressional notification.--Not later than 15 days after the Board approves a duration for a project pursuant to subparagraph (A)(ii), the Board, acting through the Chief Executive Officer, shall submit to the appropriate congressional committees a notification of such approval, including a detailed explanation for the determination and approval.''. (d) Concurrent and Subsequent Compacts.--Section 609 of the Millennium Challenge Act of 2003 (22 U.S.C. 7708) is amended-- (1) by striking subsection (k); and (2) by inserting at the end the following new subsection: ``(k) Concurrent and Subsequent Compacts.-- ``(1) In general.--Subject to the requirements of paragraph (2), and in accordance with the requirements of this title, an eligible country and the United States-- ``(A) may enter into and have in effect not more than two Compacts at any given time under this section; and ``(B) may enter into subsequent Compacts after the expiration of the existing Compact or Compacts. ``(2) Requirements.-- ``(A) Concurrent compacts.--An eligible country and the United States may enter into a concurrent Compact only if the Board determines that the country is making considerable and demonstrable progress in implementing the terms of its existing Compact and supplementary agreements thereto. ``(B) Subsequent compacts.--An eligible country and the United States may enter into subsequent Compacts if the Board determines that the country substantially met the objectives of prior Compacts between the country and the United States and supplementary agreements thereto.''. (e) Effective Dates.-- (1) Amendments relating to entry into compact.--The amendments made by subsections (a) and (b) apply with respect to Compacts entered into between the United States and an eligible country under the Millennium Challenge Act of 2003 (22 U.S.C. 7701 et seq.) on or after October 1, 2006, or the date of the enactment of this Act, whichever occurs later. (2) Amendments relating to duration and type of compact.-- The amendments made by subsections (c) and (d) apply with respect to Compacts entered into between the United States and an eligible country under the Millennium Challenge Act of 2003 (22 U.S.C. 7701 et seq.) before, on, or after the date of the enactment of this Act. SEC. 6. CONGRESSIONAL AND PUBLIC NOTIFICATION OF COMPACT. (a) Congressional Notification Prior to Signing a Compact.--Section 610 of the Millennium Challenge Act of 2003 (22 U.S.C. 7709(a)) is amended-- (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following new subsection: ``(b) Congressional Notification Prior to Signing a Compact.--Not later than 15 days prior to signing a Compact with an eligible country, the Board, acting through the Chief Executive Officer, shall provide notification of the proposed Compact, including a detailed summary of the Compact and a copy of the text of the Compact, to the appropriate congressional committees in accordance with the procedures applicable to reprogramming notifications under section 634A of the Foreign Assistance Act of 1961.''. (b) Public Notification After Entering Into a Compact.--Section 610(c) of the Millennium Challenge Act of 2003 (as redesignated by subsection (a)(1) of this section) is amended by striking ``Chief Executive Officer'' and all that follows and inserting ``Chief Executive Officer shall publish such detailed summary of the Compact in the Federal Register and shall publish such detailed summary and the text of the Compact (including a copy of any annexes or supplementary agreements thereto) on the Internet website of the Corporation.''. (c) Effective Date.--The amendments made by subsections (a) and (b) apply with respect to Compacts approved pursuant to section 609(h) of the Millennium Challenge Act of 2003 (22 U.S.C. 7708(h)) on or after the date of the enactment of this Act. SEC. 7. ANNUAL REPORT. (a) Amendment.--Section 613(b) of the Millennium Challenge Act of 2003 (22 U.S.C. 7712(b)) is amended by adding at the end the following new paragraphs: ``(6) A description of recruitment and employment of members of minority groups at the Corporation, including, to the maximum extent practicable, the numbers and percentages of members of all minority groups who have been recruited by and employed at the Corporation during the prior fiscal year. ``(7) A description of the extent to which the requirement of section 614(h) has been met for the prior fiscal year, including, to the maximum extent practicable, information on-- ``(A) the numbers and percentages of small, minority-owned, or disadvantaged business enterprises that provide goods and services that are financed with funds made available under section 609(g), section 614(g), and section 616 during such prior fiscal year; ``(B) the total number of contracts with such business enterprises for such purposes during such prior fiscal year; ``(C) the total dollar value of such contracts; and ``(D) the percentage value represented by such contracts proportionate to the total value of all contracts held by the Corporation that are financed with funds made available under section 609(g), section 614(g), and section 616 during such prior fiscal year.''. (b) Effective Date.--The amendment made by subsection (a) applies with respect to the report required to be submitted to Congress under section 613 of the Millennium Challenge Act of 2003 (22 U.S.C. 7712) for fiscal year 2007 and each subsequent fiscal year. SEC. 8. POWERS OF THE CORPORATION; RELATED PROVISIONS. (a) Amendment.--Section 614 of the Millennium Challenge Act of 2003 (22 U.S.C. 7713) is amended by adding at the end the following new subsection: ``(h) Participation of Certain United States Businesses.--To the maximum extent practicable, the President, acting through the Chief Executive Officer, shall ensure that United States small, minority- owned, and disadvantaged business enterprises fully participate in the provision of goods and services that are financed with funds made available under section 609(g), subsection (g) of this section, and section 616.''. (b) Effective Date.--The amendment made by subsection (a) applies with respect to funds made available under the Millennium Challenge Act of 2003 (22 U.S.C. 7701 et seq.) for fiscal year 2007 and each subsequent fiscal year. SEC. 9. ASSISTANCE TO CERTAIN CANDIDATE COUNTRIES. Section 616(d) of the Millennium Challenge Act of 2003 (22 U.S.C. 7715(d)) is amended by striking ``for fiscal year 2004'' and inserting ``for a fiscal year''. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. (a) Amendment.--Section 619(a) of the Millennium Challenge Act of 2003 (22 U.S.C. 7718(a)) is amended by striking ``fiscal years 2004 and 2005'' and inserting ``fiscal years 2007 through 2009''. (b) Rule of Construction.--The amendment made by subsection (a) shall not be construed to affect the availability of funds appropriated pursuant to the authorization of appropriations under section 619 of the Millennium Challenge Act of 2003 (22 U.S.C. 7718(a)) before the date of the enactment of this Act. | Millennium Challenge Reauthorization Act of 2006 - (Sec. 3) Amends the Millennium Challenge Act of 2003 to eliminate the provision allowing appointment of an interim Chief Executive Officer of the Millennium Challenge Corporation (MCC). (Sec. 4) Extends the prohibition on funding related to abortions and involuntary sterilizations through FY2007. (Sec. 5) Revises Millennium Challenge Compact provisions to: (1) require an analysis of how the intended beneficiaries will participate in, or be impacted by, each project, and an analysis how each project will contribute to poverty reduction; (2) provide for consultation with a country's national legislature; (3) allow Compact duration to extend beyond five years (but not beyond ten) subject to a Board determination and congressional notification; and (4) allow concurrent Compacts subject to Board determination of demonstrable progress, and subsequent Compacts subject to Board determination of substantial meeting of prior Compact objectives. (Sec. 6) Requires the Board: (1) not later than 15 days prior to signing a Compact with an eligible country to provide the appropriate congressional committees with the text and a detailed summary of the Compact; and (2) to publish such summary in the Federal Register and make it and the text available on the Board website. (Sec. 7) Provides that information regarding minority staffing and minority and disadvantaged representation in procurement contracts shall be included in the annual report. (Sec. 8) Provides for minority and disadvantaged representation in the provision of MCC goods and services. (Sec. 9) Makes the funding obligation for assistance to certain candidate countries permanent. (Sec. 10) Authorizes appropriations through FY2009. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Servicemembers Health Protection Act of 2001''. TITLE I--NATIONAL CENTER FOR MILITARY DEPLOYMENT HEALTH RESEARCH SEC. 101. ESTABLISHMENT OF NATIONAL CENTER FOR MILITARY DEPLOYMENT HEALTH RESEARCH. (a) Establishment.-- (1) In general.--There is established in the Department of Health and Human Services a center to be known as the National Center for Military Deployment Health Research (hereinafter in this Act referred to as the ``Center''). (2) Director.--The Center shall be headed by a Director, who shall be appointed by the Secretary of Health and Human Services. (3) Purpose.--The Center shall, in accordance with this Act, conduct research on deployment-related health issues of members of the Armed Forces, veterans, and their families and serve as the national center for coordination of private and public research on those issues. (b) Deployment-Related Health Issues Defined.--For purposes of this Act, the term ``deployment-related health issues'' includes the following: (1) Issues relating to injuries, diseases, disorders, or other health conditions of members of the Armed Forces arising or incurred during deployment and resulting from combat, training, infectious diseases, and environmental exposures. (2) Conditions that emerge during or following deployment, including-- (A) diagnosable conditions; (B) medically unexplained symptoms (both physical and mental); (C) effects on health-related quality of life; (D) family impacts; and (E) sequelae of combat injuries. (3) Conditions arising from inoculations before deployment that are intended to provide protection from conditions that could be encountered during deployment. SEC. 102. FUNCTIONS. (a) In General.--The functions of the Center shall be as follows: (1) Development of a coordinated research plan for deployment-related health issues. (2) Conducting and supporting research relating to deployment-related health issues. (3) Creation of policies for conducting and supporting such research and making the results of such research available to the public and guidelines for the conduct and dissemination of research by other Federal entities and by non-Federal entities, in matters relating to deployment-related health issues of members of the Armed Forces, veterans, and their families, including policies to minimize research duplication. (4) Evaluation of the results of research described in paragraph (3). (5) Development of policy recommendations that emerge from that research. (6) Communication of the results of the research described in paragraph (3) to the medical community and persons with deployment-related health issues. (b) Core Functions.--The Center shall carry out the following core functions: (1) Research coordination and setting of priorities. (2) Synthesis of research for the purpose of developing policy recommendations. (3) Review and analysis of longitudinal monitoring of deployment-related health of veterans. (4) Facilitating the use of national data resources for research activities relating to deployment-related health issues. (5) Communication of the results of such research activities to the medical community and persons with deployment-related health issues. (c) Consultation.--The Director of the Center shall consult closely with the Advisory Committee on Military Deployment Health Research established under section 104 on all aspects of the activities of the Center. SEC. 103. RESEARCH NETWORK. (a) In General.--The Center shall coordinate and conduct research activities relating to deployment-related health issues of members of the Armed Forces, veterans, and their families. The Center's research activities shall include (1) activities with respect to research programs by other Federal departments and agencies, and (2) research activities initiated by the Center. (b) Federal Research Programs.-- (1) Inventory of federal research programs.--The Center shall develop and maintain an inventory of research programs relating to deployment-related health issues carried out by the Secretary of Defense, the Secretary of Veterans Affairs, the Secretary of Health and Human Services, and other Federal officials. (2) Consultation.--The Center shall consult with, and seek the advice of, other federally sponsored researchers in developing the Center's research agenda. (c) Center-Initiated Research.-- (1) In general.--The Center shall conduct a broad-based research program into deployment-related health issues. As part of that program, the Center may, from funds appropriated for that purpose, make grants for research into deployment-related health issues. Any such grant shall be made based upon issuance of a request for applications or a request for proposals. Applications and proposals shall be assessed through a peer- review process, which shall, to the extent possible, be carried out by the National Institutes of Health. (2) Solicitation of proposals.--In conducting such research, the Center shall solicit proposals from other Federal agencies, from universities, and from other research entities. (3) Research network.--In awarding contracts for research, the Center shall seek to establish a network of research sites at academic medical centers, university-wide research facilities, and other appropriate sources. (d) Core Research Principles.--Center-initiated research shall be conducted using the following core set of principles: (1) Use of a scientific peer-review process for all research. (2) Dissemination of research results to the scientific community through conventional venues of scientific communication. (3) Encouragement of interagency, interdepartmental, and Federal-academic collaboration. SEC. 104. ADVISORY COMMITTEE. (a) Establishment of Advisory Committee.--The Center shall have an Advisory Committee on Military Deployment Health Research. The Advisory Committee shall advise the Secretary of Health and Human Services and the Director of the Center on all aspects of the activities of the Center. (b) Membership.--The Advisory Committee shall consist of 21 members, appointed as follows: (1) 12 members appointed by the President, of whom-- (A) 6 shall be appointed from persons who, by reason of training, experience, and education, have qualifications in the fields of research to be conducted by the Center; and (B) 6 shall be appointed from the general population, including persons representing the interests of veterans and their families and the general public. (2) 3 members appointed by the Secretary of Veterans Affairs from officers and employees of the Department of Veterans Affairs. (3) 3 members appointed by the Secretary of Defense from officers and employees of the Department of Defense and members of the Armed Forces. (4) 3 members appointed by the Secretary of Health and Human Services from officers and employees of the Department of Health and Human Services. (c) Recommendations by Independent Scientific Entity.--The President shall designate an independent scientific entity to make recommendations for appointments under paragraph (1) of subsection (b). When making such recommendations, the entity shall recommend twice the number of candidates as there are positions available. (d) Terms.--Persons appointed to the Advisory Committee under paragraph (1) of subsection (b) shall serve for a term of three years, except that-- (1) of the persons initially appointed pursuant to subsection (b)(1)(A), two shall be appointed for a term of one year and two shall be appointed for a term of two years; and (2) of the persons initially appointed pursuant to subsection (b)(1)(B), two shall be appointed for a term of one year and two shall be appointed for a term of two years. (e) Pay and Travel Expenses.-- (1) Pay.--Persons appointed to the Advisory Committee under paragraph (1) of subsection (b) shall receive pay at the daily equivalent of the rate of basic pay payable for level V of the Executive Schedule for each day engaged in functions for the Advisory Committee. Persons appointed to the Advisory Committee under paragraph (2), (3), or (4) of subsection (b) shall receive no additional compensation by reason of service on the Advisory Committee. (2) Travel expenses.--Members of the Advisory Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (f) Chair.--The President shall designate one of the members of the Advisory Committee to chair the Advisory Committee. (g) Meetings.--The Advisory Committee shall meet on the call of the chair or a majority of the members of the Advisory Board. (h) Federal Advisory Committee Act.--Section 14 of the Federal Advisory Committee Act shall not apply to the Advisory Committee. SEC. 105. ANNUAL REPORT. The Secretary of Health and Human Services shall submit to Congress an annual report on the activities of the Center. The report shall include-- (1) a description of the activities of the Center during the preceding fiscal year and (2) a detailed description of the proposed budget for the Center for the next fiscal year. SEC. 106. BUDGET. In the President's budget for any fiscal year submitted to Congress under section 1105 of title 31, United States Code, amounts requested for the activities of the Center shall be set forth separately and distinctly, with amounts requested for the core functions of the Center and for Center-initiated research identified individually. TITLE II--CENTERS FOR RESEARCH ON POST-DEPLOYMENT ILLNESSES IN DEPARTMENT OF VETERANS AFFAIRS SEC. 201. ESTABLISHMENT OF CENTERS. (a) In General.--Subchapter II of chapter 73 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 7324. Centers for research on post-deployment illnesses ``(a)(1) The Secretary shall establish and operate centers for research, education, and clinical activities related to post-deployment illnesses. Such centers shall be known as `National Centers for Military Post-Deployment Illness Research'. Such centers shall be established and operated by collaborating Department facilities as provided in subsection (c)(1). ``(2) For purposes of this section, term `post-deployment illness' means any health condition being currently studied or that will be studied that has (or that may have) an association to or relation to a military deployment mission, including a peacekeeping mission. ``(3) Each such center shall function as a center for-- ``(A) research on post-deployment illnesses; ``(B) the use by the Department of specific models for furnishing services to treat post-deployment illnesses; ``(C) education and training of health-care professionals of the Department; and ``(D) the development and implementation of innovative clinical activities and systems of care with respect to the delivery of such services by the Department. ``(4) The Secretary shall provide for the research conducted by such centers to be compiled and transmitted to a centrally located coordinating center. ``(b)(1) The Secretary shall, upon the recommendation of the Under Secretary for Health, the Secretary of Defense, and the Secretary of Health and Human Services, designate not more than 25 centers under this section. In making such designations, the Secretary shall ensure that the centers designated are located in various geographic regions of the United States. ``(2) The authority of the Secretary to establish and operate centers under this section is subject to the appropriation of funds for that purpose. ``(c) The Secretary may not designate a health-care facility as a location for a center under subsection (a) unless the peer review panel established under subsection (d) has determined under that subsection that the proposal submitted by such facility as a location for a new center under subsection (a) is among those proposals which have met the highest competitive standards of scientific and clinical merit, and the Secretary (upon the recommendation of the Under Secretary for Health) determines that the facility has (or may reasonably be anticipated to develop) each of the following: ``(1) An arrangement with an accredited medical school which provides education and training in post-deployment illnesses and with which such facility is affiliated under which residents receive education and training in post- deployment illnesses. ``(2) An arrangement under which nursing or allied health personnel receive training and education in post-deployment illnesses. ``(3) The ability to attract the participation of scientists who are capable of ingenuity and creativity in health-care research efforts. ``(4) A policymaking advisory committee composed of appropriate health-care and research representatives of the facility and of the affiliated school or schools to advise the directors of such facility and such center on policy matters pertaining to the activities of such center during the period of the operation of such center. ``(5) The capability to conduct effectively evaluations of the activities of such center. ``(d)(1) In order to provide advice to assist the Secretary and the Under Secretary for Health in carrying out their responsibilities under this section, the Under Secretary shall establish a panel to assess the scientific and clinical merit of proposals that are submitted to the Secretary for the establishment of new centers under this section. ``(2) The membership of the panel shall consist of experts in the fields of post-deployment illnesses research, education, and clinical care. Members of the panel shall serve as consultants to the Department for a period of no longer than six months. ``(3) The panel shall review each proposal submitted to the panel by the Under Secretary and shall submit its views on the relative scientific and clinical merit of each such proposal to the Under Secretary. ``(4) The panel shall not be subject to the Federal Advisory Committee Act. ``(e) There are authorized to be appropriated such sums as may be necessary for the support of the research, treatment, and education activities of the centers established pursuant to subsection (a). The Under Secretary for Health shall allocate to such centers from other funds appropriated generally for the Department medical care account and medical and prosthetics research account, as appropriate, such amounts as the Under Secretary for Health determines appropriate. ``(f) Activities of clinical and scientific investigation at each center established under subsection (a) shall be eligible to compete for the award of funding from funds appropriated for the Department medical and prosthetics research account and shall receive priority in the award of funding from such account insofar as funds are awarded to projects for research in post-deployment illnesses.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 7323 the following new item: ``7324. Centers for research on post-deployment illnesses.''. | Servicemembers Health Protection Act of 2001 - Establishes in the Department of Health and Human Services the National Center for Military Deployment Health Research, headed by a Director, to: (1) conduct research on deployment-related health issues of members of the armed forces, veterans, and their families; and (2) serve as the national center for coordination of private and public research on those issues. Requires the Center to have an Advisory Committee on Military Deployment Health Research to advise the Secretary of Health and Human Services and the Center Director on all aspects of Center activities.Directs the Secretary of Veterans Affairs to establish and operate centers for research, education, and clinical activities related to post-deployment illnesses, designating such centers as National Centers for Military Post-Deployment Illness Research. Allows the designation of no more than 25 centers and requires geographical diversity of such centers. Requires the Under Secretary for Health of the Department of Veterans Affairs to establish a panel to assess the scientific and clinical merit of proposals submitted for center designation. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``CBRN Intelligence and Information Sharing Act of 2015''. SEC. 2. CHEMICAL, BIOLOGICAL, RADIOLOGICAL, AND NUCLEAR INTELLIGENCE AND INFORMATION SHARING. (a) In General.--Subtitle A of title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) is amended by adding at the end the following: ``SEC. 210G. CHEMICAL, BIOLOGICAL, RADIOLOGICAL, AND NUCLEAR INTELLIGENCE AND INFORMATION SHARING. ``(a) In General.--The Office of Intelligence and Analysis of the Department of Homeland Security shall-- ``(1) support homeland security-focused intelligence analysis of terrorist actors, their claims, and their plans to conduct attacks involving chemical, biological, radiological, and nuclear materials against the Nation; ``(2) support homeland security-focused intelligence analysis of global infectious disease, public health, food, agricultural, and veterinary issues; ``(3) support homeland security-focused risk analysis and risk assessments of the homeland security hazards described in paragraphs (1) and (2), including the transportation of chemical, biological, nuclear, and radiological materials, by providing relevant quantitative and nonquantitative threat information; ``(4) leverage existing and emerging homeland security intelligence capabilities and structures to enhance prevention, protection, response, and recovery efforts with respect to a chemical, biological, radiological, or nuclear attack; ``(5) share information and provide tailored analytical support on these threats to State, local, and tribal authorities as well as other national biosecurity and biodefense stakeholders and other Federal agencies, as appropriate; and ``(6) perform other responsibilities, as assigned by the Secretary. ``(b) Coordination.--Where appropriate, the Office of Intelligence and Analysis shall coordinate with other relevant Department components, including the National Biosurveillance Integration Center, others in the Intelligence Community, including the National Counter Proliferation Center, and other Federal, State, local, and tribal authorities, including officials from high-threat areas, State and major urban area fusion centers, and local public health departments, as appropriate, and enable such entities to provide recommendations on optimal information sharing mechanisms, including expeditious sharing of classified information, and on how they can provide information to the Department. ``(c) Definitions.--In this section: ``(1) The term `appropriate congressional committees' means the Committee on Homeland Security of the House of Representatives and any committee of the House of Representatives or the Senate having legislative jurisdiction under the rules of the House of Representatives or Senate, respectively, over the matter concerned. ``(2) 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) The term `national biosecurity and biodefense stakeholders' means officials from the Federal, State, local, and tribal authorities and individuals from the private sector who are involved in efforts to prevent, protect against, respond to, and recover from a biological attack or other phenomena that may have serious health consequences for the United States, including infectious disease outbreaks.''. (b) Clerical Amendment.--The table of contents in section 1(b) of such Act is amended by adding at the end of the items relating to such subtitle the following: ``Sec. 210G. Chemical, biological, radiological, and nuclear intelligence and information sharing.''. (c) Report.-- (1) In general.--Not later than 1 year after the date of the enactment of this Act and annually thereafter, the Secretary of Homeland Security shall report to the appropriate congressional committees on-- (A) the intelligence and information sharing activities under subsection (a) and of all relevant entities within the Department of Homeland Security to counter the threat from attacks using chemical, biological, radiological, and nuclear materials; and (B) the Department's activities in accordance with relevant intelligence strategies. (2) Assessment of implementation.--The report shall include-- (A) a description of methods established to assess progress of the Office of Intelligence and Analysis in implementing the amendment made by subsection (a); and (B) such assessment. (3) Termination.--This subsection shall have no force or effect after the end of the 5-year period beginning on the date of the enactment of this Act. SEC. 3. DISSEMINATION OF INFORMATION ANALYZED BY THE DEPARTMENT TO STATE, LOCAL, TRIBAL, AND PRIVATE ENTITIES WITH RESPONSIBILITIES RELATING TO HOMELAND SECURITY. Section 201(d)(8) of the Homeland Security Act of 2002 (6 U.S.C. 121(d)(8)) is amended by striking ``and to agencies of State'' and all that follows and inserting ``to State, local, tribal, and private entities with such responsibilities, and, as appropriate, to the public, in order to assist in preventing, deterring, or responding to acts of terrorism against the United States.''. Passed the House of Representatives June 25, 2015. Attest: KAREN L. HAAS, Clerk. | (This measure has not been amended since it was reported to the House on June 17, 2015. CBRN Intelligence and Information Sharing Act of 2015 (Sec. 2) Amends the Homeland Security Act of 2002 to direct the Office of Intelligence and Analysis of the Department of Homeland Security (DHS) to: (1) support homeland security-focused intelligence analysis of terrorist actors, their claims, and their plans to conduct attacks involving chemical, biological, radiological, and nuclear materials against the nation and of global infectious disease, public health, food, agricultural, and veterinary issues; (2) support homeland security-focused risk analysis and risk assessments of such homeland security hazards, including the transportation of chemical, biological, nuclear, and radiological materials, by providing relevant quantitative and nonquantitative threat information; (3) leverage homeland security intelligence capabilities and structures to enhance prevention, protection, response, and recovery efforts with respect to a chemical, biological, radiological, or nuclear attack; and (4) share information and provide tailored analytical support on these threats to state, local, and tribal authorities as well as other national biosecurity and biodefense stakeholders and other federal agencies, as appropriate. Requires the Office to coordinate with other DHS components, the Intelligence Community, and federal, state, local, and tribal authorities, including officials from high-threat areas, state and major urban area fusion centers, and local public health departments where appropriate, and enable such entities to provide recommendations on optimal information sharing mechanisms and on how they can provide information to DHS. Directs DHS to report annually on: (1) intelligence and information sharing activities to counter the threat from attacks using chemical, biological, radiological, and nuclear materials, and (2) DHS's activities in accordance with relevant intelligence strategies. Terminates this reporting requirement after the end of the five-year period beginning on this Act's enactment. (Sec. 3) Requires DHS to ensure that homeland security information analyzed by it concerning terrorist threats is provided to state, local, tribal, and private entities and the public. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Health Access and Improvement Act of 2009''. SEC. 2. GRANTS TO PROMOTE HOSPITAL HEALTH INFORMATION TECHNOLOGY. Section 3013 of the Public Health Service Act (42 U.S.C. 300jj-33) is amended by adding at the end the following: ``(j) Priority.--In awarding a grant under this section, the Secretary shall give priority to qualified State-designated entities that are critical access hospitals, as defined in section 1861(mm) of the Social Security Act.''. SEC. 3. EXPANDED PARTICIPATION IN SECTION 340B PROGRAM. Section 340B(a)(4) of the Public Health Service Act (42 U.S.C. 256b(a)(4)) is amended by adding at the end the following: ``(M) A children's hospital excluded from the Medicare prospective payment system pursuant to section 1886(d)(1)(B)(iii) of the Social Security Act, or a free-standing cancer hospital excluded from the Medicare prospective payment system pursuant to section 1886(d)(1)(B)(v) of the Social Security Act, that would meet the requirements of subparagraph (L), including the disproportionate share adjustment percentage requirement under clause (ii) of such subparagraph, if the hospital were a subsection (d) hospital as defined by section 1886(d)(1)(B) of the Social Security Act. ``(N) An entity that is a critical access hospital (as determined under section 1820(c)(2) of the Social Security Act), and that meets the requirements of subparagraph (L)(i). ``(O) An entity that is a rural referral center, as defined in section 1886(d)(5)(C)(i) of the Social Security Act, or a sole community hospital, as defined by section 1886(d)(5)(C)(iii) of such Act, and that both meets the requirements of subparagraph (L)(i) and has a disproportionate share adjustment percentage equal to or greater than 8 percent. ``(P) An entity that is a rural health clinic, as defined in section 1861(aa)(2) of the Social Security Act.''. SEC. 4. GAO STUDY AND REPORT ON DISPENSING FEES. (a) Study.--The Comptroller General of the United States shall conduct a study of the cost in each State of dispensing prescription drugs under the Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396a et seq.), which shall consider-- (1) any reasonable costs associated with pharmacists-- (A) checking for information regarding Medicaid coverage of individuals; and (B) performing necessary clinical review and quality assurance activities, such as-- (i) activities to identify and reduce the frequency of patterns of fraud, abuse, gross overuse, and inappropriate or medically unnecessary care among physicians, pharmacists, and patients; (ii) activities associated with specific drugs or groups of drugs, including potential and actual severe adverse reactions to drugs, including education on therapeutic appropriateness, over-utilization and under- utilization of drugs, appropriate use of generic products, therapeutic duplication, drug-disease contraindications, drug interactions, incorrect drug dosage or duration of drug treatment, drug-allergy interactions, and clinical abuse or misuse; and (iii) any other clinical review and quality assurance activities required under Federal or State law; (2) the costs incurred by a pharmacy that are associated with-- (A) the measurement or mixing of a drug covered by Medicaid; (B) filling the container for such a drug; (C) physically transferring the prescription to the patient, including any costs of delivering the medication to the home of such patient; (D) special packaging of drugs; (E) overhead costs of the pharmacy, or the section of the facility that is devoted to a pharmacy, and maintenance of the pharmacy or section of the facility (including the equipment necessary to operate such pharmacy or such section and the salaries of pharmacists and other pharmacy workers); (F) geographic factors that impact operational costs; (G) compounding such prescription if necessary; and (H) uncollectability of Medicaid prescription copayments; (3) the variation in costs described in paragraph (2) based on-- (A) whether a product dispensed is a rural or urban pharmacy; (B) whether the product dispensed is a specialty pharmacy product; and (C) whether the pharmacy is located in, or contracts with, a long-term care facility; and (4) the increase in dispensing fees, including the costs described in paragraphs (1), (2), and (3), that would be sufficient to create an incentive for a pharmacist to promote the substitution of covered general alternative therapies. (b) Report.--Not later than December 1, 2010, the Comptroller General of the United States shall submit to the Secretary of Health and Human Services and to each State a report describing the study conducted under subsection (a). The report shall include-- (1) the average cost in each State of dispensing a prescription drug under Medicaid; (2) the findings of the study conducted under subsection (a) with respect to-- (A) the variation in costs studied under subparagraphs (A) and (B) of paragraph (3) of such subsection; and (B) the increase in dispensing fees described in paragraph (4) of such subsection. (c) Use of Study.--Each State shall use the report described in subsection (b) to assess the adequacy of Medicaid pharmacy dispensing fees. The Secretary of Health and Human Services shall use such report to approve State plan amendments for States that submit such amendments for the purposes of increasing Medicaid pharmacy dispensing fees. SEC. 5. STATE OFFICES OF RURAL HEALTH. Section 338J of the Public Health Service Act (42 U.S.C. 254r) is amended by striking subsection (k). | Rural Health Access and Improvement Act of 2009 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to give priority to critical access hospitals in awarding grants to facilitate and expand the electronic movement and use of health information among organizations according to nationally recognized standards. Expands the 340B drug discount program to allow participation as a covered entity by certain children's hospitals, critical access hospitals, rural referral centers, sole community hospitals, and rural health clinics. Directs the Comptroller General to study and report on the cost in each state of dispensing prescription drugs under the Medicaid program. Requires states to use the report to assess the adequacy of Medicaid pharmacy dispensing fees. Repeals provisions terminating the grant program for the operation of state offices of rural health. |
That this Act may be cited as the ``Federal Employees' Benefits Equity Act of 2001''. civil service retirement system Sec. 2. (a) Section 8339 of title 5, United States Code, is amended-- (1) in subsection (d)(1)-- (A) by striking ``(d)(1)'' and inserting ``(d)(1)(A)''; (B) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; and (C) by adding at the end the following new subparagraph: ``(B) If, at any age and after completing 20 years of service as a law enforcement officer, firefighter, nuclear materials courier, or member of the Supreme Court Police, or any combination of such service totaling at least 20 years, an employee retires under section 8336(d)(1), or 8337, the annuity of such employee shall be computed under subparagraph (A).''; (2) in subsection (e)-- (A) by striking ``(e)'' and inserting ``(e)(1)''; and (B) by adding at the end the following new paragraph: ``(2) If, at any age and after completing 20 years of service as an air traffic controller, an employee retires under section 8336(d)(1) or 8337, paragraph (1) shall be applied in computing the annuity of such employee.''; and (3) in subsection (q)-- (A) by striking ``(q)'' and inserting ``(q)(1)''; (B) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; and (C) by adding at the end the following new paragraph: ``(2) If, at any age and after completing 20 years of service as a member of the Capitol Police or as a law enforcement officer (or any combination of such service totaling at least 20 years), a member or former member of the Capitol Police retires under section 8336(d)(1) or 8337, the annuity of such member or former member shall be computed under paragraph (1).''. (b) Section 8341(d) of title 5, United States Code, is amended-- (1) by inserting the following immediately after the first sentence: ``For purposes of the preceding sentence, subsections (b)-(e), (q) and (r) of section 8339 shall be considered as applying with respect to the employee or Member only if the employee or Member satisfied the age and service requirements for application of such subsections to the employee or Member at the date of death. For this purpose, the decedent shall be deemed to have been disabled for purposes of retirement under section 8337 at the time of death.''; and (2) by striking ``Notwithstanding the preceding sentence'' and inserting ``Notwithstanding the first sentence of this subsection''. (c) Section 8342 of title 5, United States Code, is amended by adding at the end the following new subsection: ``(k) When an employee-- ``(1) has service as a law enforcement officer, firefighter, nuclear materials courier, or member of the Capitol Police or Supreme Court Police for which retirement deductions were withheld under section 8334(a) or deposited under section 8334(c) at a higher percentage rate than that applicable to employees generally; and ``(2)(A) begins to receive an annuity which is not computed under section 8339(d) or (q) and, in the case of a member or former member of the Capitol Police, also does not have his or her service as a member of the Capitol Police credited in the computation of an annuity under section 8339(b) or (c); or ``(B) dies before retiring under this subchapter but leaves a survivor entitled to an annuity under section 8341 based on the deceased employee's service, provided that-- ``(i) such survivor annuity is not based on an employee annuity computed under section 8339(d) or (q); and ``(ii) where the decedent was a member or former member of the Capitol Police, such survivor annuity is not based on an annuity computed under section 8339(b) or (c) which includes credit for service as a member of the Capitol Police-- the difference between the employee deductions for such service at the higher percentage rate and the employee deductions that would have been withheld at the rate applicable to employees generally under section 8334(a)(1), together with interest computed in accordance with paragraphs (2) and (3) of section 8334(e) and applicable regulations prescribed by the Office, shall be paid to the annuitant or, in the case of a deceased employee, to the individual entitled to a lump-sum benefit under subsection (c).''. federal employees' retirement system Sec. 3. (a) Section 8415(d) of title 5, United States Code, is amended to read as follows: ``(d)(1) The annuity of an employee retiring under subsection (d) or (e) of section 8412 or under subsection (a), (b), (c), or (d) of section 8425 is-- ``(A) 1\7/10\ percent of that individual's average pay multiplied by so much of such individual's total service as a law enforcement officer, firefighter, member of the Capitol Police or Supreme Court Police, nuclear materials courier, or air traffic controller as does not exceed 20 years; plus ``(B) 1 percent of that individual's average pay multiplied by the remainder of such individual's total service. ``(2) If, at any age and after completing 20 years of service as a law enforcement officer, firefighter, member of the Capitol Police or Supreme Court Police, or nuclear materials courier, or any combination of such service totaling at least 20 years, an employee retires under section 8414(b)(1)(A) or 8451, the annuity of such employee shall be computed under paragraph (1). ``(3) If, at any age and after completing 20 years of service as an air traffic controller, an employee retires under section 8414(b)(1)(A) or 8451, the annuity of such employee shall be computed under paragraph (1).''. (b) Section 8424 of title 5, United States Code, is amended by adding at the end of the following new subsection: ``(i) When an employee-- ``(1) has service as a law enforcement officer, firefighter, member of the Capitol Police or Supreme Court Police, air traffic controller, or nuclear materials courier for which retirement deductions were withheld under section 8422(a) at a higher percentage rate than that applicable to employees generally; and ``(2)(A) begins to receive an annuity which is not computed under section 8415(d) and, in the case of a member or former member of the Capitol Police, also does not have his or her service as a member of the Capitol Police credited in the computation of an annuity under section 8415(b) or (c); or ``(B) dies before having retired under this chapter but leaves a survivor entitled to an annuity under subchapter IV based on the deceased employee's service, provided that-- ``(i) such survivor annuity is not based on an employee annuity computed under section 8415(d); and ``(ii) where the decedent was a member or former member of the Capitol Police, such survivor annuity is not based on an annuity computed under section 8415(b) or (c) which includes service as a member of the Capitol Police-- the difference between the employee deductions for such service at the higher percentage rate and the employee deductions that would have been withheld at the rate applicable to employees generally under section 8422(a)(2), together with interest computed in accordance with paragraphs (2) and (3) of section 8334(e) and applicable regulations prescribed by the Office, shall be paid to the annuitant or, in the case of a deceased employee, to the individual entitled to a lump-sum benefit under subsection (d).''. (c) Section 8442 of title 5, United States Code, is amended-- (1) in subsection (b)(1) by adding at the end the following: ``For purposes of the preceding sentence, section 8415(b)-(d) and (g) shall be considered as applying with respect to the employee or Member only if the employee or Member satisfied the age and service requirements for application of such subsections to the employee or Member at the date of death. For this purpose, the decedent shall be deemed to have been disabled for purposes of retirement under section 8451 at the time of death.''; and (2) in subsection (c)(2)(A)(i) by striking ``section 8415'' and inserting ``section 8415, but without regard to subsection (d) of such section,''. effective date Sec. 4. The amendments made by this Act shall take effect on the date of enactment of this Act and shall apply only with respect to individuals who, on or after such date of enactment, separate from employment subject to subchapter III of chapter 83, or chapter 84, of title 5, United States Code. | Federal Employees' Benefits Equity Act of 2001 - Sets forth provisions governing the computation of annuities under the Civil Service Retirement System and the Federal Employees' Retirement System for certain law enforcement officers, firefighters, air traffic controllers, nuclear materials couriers, members of the Supreme Court Police and the Capitol Police, and their survivors. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``California Catastrophic Wildfire Prevention and Community Protection Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. Sec. 4. Project authority consistent with community wildfire protection plan. Sec. 5. Elements of eligible projects. Sec. 6. Environmental analysis. Sec. 7. Administrative and judicial review. Sec. 8. Acceptance and use of funds or in-kind services. Sec. 9. Report. SEC. 2. FINDINGS. Congress makes the following findings: (1) Forested lands under the jurisdiction of the Forest Service and Bureau of Land Management in California have grown into a state of unnatural density and structure. (2) Overgrown forest conditions, in combination with continued drought and other climatic circumstances, have left these forests at extreme risk to insects, disease, and catastrophic wildfire. (3) The risk of catastrophic wildfire presents a very real threat to the health and safety of individuals and communities in the wildland-urban interface as well as to the property of adjacent private landowners. (4) The catastrophic, stand-replacing fires that are occurring with increasing frequency as a result of the forest conditions described in paragraph (2), pose a threat to the health of lands, watersheds, wildlife, air quality and the environment. (5) Local communities and interests are willing to work collaboratively to assure seamless protection from catastrophic wildfire and to improve forest health across public and private lands. (6) The Federal Government, particularly the Forest Service and Bureau of Land Management, must address these conditions at the appropriate annual pace and scale needed across the landscape to have a substantial impact in reducing natural disturbances. SEC. 3. DEFINITIONS. In this Act: (1) At-risk community.--The term ``at-risk community'' has the meaning given that term in Section 101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511). (2) At-risk watershed.--The term ``at-risk watershed'' means a watershed-- (A) where there exists a high risk of losing key ecosystem, wildlife, and watershed components to severe fire, including post-fire disturbances, as documented by the Secretary concerned; and (B) where there are-- (i) Federal lands in condition class II or III, as developed by the Forest Service Rocky Mountain Research Station in the general technical report titled ``Development of Coarse-Scale Spatial Data for Wildland Fire and Fuel Management'' (RMRS-87) and dated April 2000 (including any subsequent revision to the report); or (ii) private lands that are located in a ``Very High Fire Hazard Severity Zone'', as determined by the California State Fire Marshal. (3) Community wildfire protection plan.--The term ``community wildfire protection plan'' has the meaning given that term in Section 101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511). (4) County fire plan.--The term ``county fire plan'' means a plan developed similarly to a community wildfire protection plan with an annual mitigation strategy developed through a collaborative effort and formally adopted by the Board of Supervisors of the county in which the forest lands covered by the plan are located. (5) Covered forest lands.-- (A) Included lands.--The term ``covered forest lands'' means-- (i) National Forest System lands in California; and (ii) Public land in California administered by the Secretary of the Interior through the Bureau of Land Management. (B) Excluded land.--The term does not include land that is a component of the National Wilderness Preservation System or other Federal land (other than inventoried roadless areas and wilderness study areas) in which the removal of vegetation is specifically prohibited by Federal law. (6) Eligible project.--The term ``eligible project'' means the measures and methods included in a project carried out on covered forest lands by the Secretary concerned for hazardous fuels reduction, forest health, and forest restoration. (7) Secretary concerned.--The term ``Secretary concerned'' means-- (A) The Secretary of Agriculture, in the case of National Forest System lands; and (B) The Secretary of the Interior, in the case of public land administered by the Secretary of the Interior through the Bureau of Land Management. SEC. 4. PROJECT AUTHORITY CONSISTENT WITH COMMUNITY WILDFIRE PROTECTION PLAN. The Secretary concerned shall carry out eligible projects on covered forest lands that are within or adjacent to an at-risk community or an at-risk watershed if the eligible project is consistent with the applicable community wildfire protection plan or county fire plan. SEC. 5. ELEMENTS OF ELIGIBLE PROJECTS. Eligible projects on covered forest lands shall be carried out in a cost-effective manner that-- (1) focuses on surface, ladder, and canopy fuels reduction activities; or (2) implements forest restoration activities in response to severe fire, insect, or disease infestation, windthrow, or other extreme weather events or natural disasters. SEC. 6. ENVIRONMENTAL ANALYSIS. (a) General Rule of Proposed Action and No Action Alternative.--The Secretary concerned shall prepare an environmental assessment or an environmental impact statement pursuant to section 102(2) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)) for each proposed eligible project. The Secretary concerned shall study, develop, and describe the proposed action and the alternative of no action. Except as provided in subsection (b), the Secretary concerned is not required to study, develop, or describe any alternative actions to the proposed agency action. (b) Consideration of Alternative Recommendation.--The Secretary concerned shall evaluate and consider an alternative recommendation submitted by the county in which a proposed eligible project is to be carried out if the county determines that the proposed eligible project is or may be inconsistent with its community wildfire protection plan. The Secretary shall publish the evaluation and consideration of the alternative recommendation in the environmental assessment or environmental impact statement prepared pursuant to section 102(2) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)) for the proposed eligible project. (c) Effect of County Emergency.-- (1) Council on environmental quality.--Pursuant to Section 1506.11 of title 40, Code of Federal Regulations, the Secretary concerned shall request the Council on Environmental Quality to develop and approve alternative arrangements for a proposed eligible project if the county in which the proposed eligible project is to be carried out, in consultation with the Director of the California Department of Forestry and Fire Protection, declares-- (A) a state of emergency; or (B) the existence of a dangerous nuisance to public safety, welfare, infrastructure, watersheds, wildlife habitat, or other vital assets due to the accumulation of forest fuels and the associated risk of extreme fire on covered forest lands. (2) Mandatory information.--When requesting alternative arrangements under paragraph (1), the Secretary concerned shall transmit to the Council on Environmental Quality the following information: (A) A description of the proposed eligible project. (B) The condition of forest fuels within or near the proposed eligible project. (C) The threat to public safety, welfare, infrastructure, watersheds, wildlife habitat, or other vital assets due to the accumulation of forest fuels and the associated risk of extreme fire that the proposed eligible project is to relieve. (D) The degree to which delaying the implementation of the proposed eligible project will increase the risk of serious harm to public safety, welfare, infrastructure, watersheds, wildlife habitat, or other vital assets due to the accumulation of forest fuels and the associated risk of extreme fire. (E) Any other information the Secretary concerned determines relevant. (3) Further information.--At the request of either the county in which the eligible project is to be carried out or the Director of the California Department of Forestry and Fire Protection, the Secretary concerned shall transmit to the Council on Environmental Quality information provided to the Secretary concerned by the State or county concerning the threat to public safety, welfare, infrastructure, watersheds, wildlife habitat, or other vital assets due to the accumulation of forest fuels and the associated risk of extreme fire that the proposed eligible project is to relieve. (4) Deadline for alternative arrangements.--Not later than 15 days after receipt of a request under paragraph (1) for approval of alternative arrangements for a proposed eligible project, the Council on Environmental Quality shall submit to the Secretary concerned either the alternative arrangements for the eligible project or a statement explaining why the alternative arrangements are denied. If the Council on Environmental Quality fails to comply with such deadline or denies alternative arrangements, the Secretary concerned shall proceed immediately and to completion on the proposed eligible project notwithstanding any other provision of law including, but not limited to, the National Environmental Policy Act and the National Forest Management Act (16 U.S.C. 1601 et seq.). Such actions shall also not be subject to the notice, comment, and appeal requirements of the Appeals Reform Act, (16 U.S.C. 1612 (note), Pub. Law No. 102-381 Sec. 322). Any action authorized by this subsection shall not be subject to judicial review by any court of the United States. SEC. 7. ADMINISTRATIVE AND JUDICIAL REVIEW. (a) Administrative Review.--Administrative review of eligible projects shall occur in accordance with the special administrative review process established under section 105 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6515). (b) Judicial Review.--Judicial review of eligible projects shall occur in accordance with section 106 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6516). SEC. 8. ACCEPTANCE AND USE OF FUNDS OR IN-KIND SERVICES. The Secretary concerned may accept and use funds or in-kind services from any public or private entity to assist carrying out eligible projects under this Act. SEC. 9. REPORT. The Secretary concerned shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate an annual report describing all eligible projects conducted under this Act. | California Catastrophic Wildfire Prevention and Community Protection Act - Directs the Secretaries of Agriculture and the Interior to carry out eligible projects on National Forest System lands and public lands, respectively, in California which are within or adjacent to at-risk communities or watersheds if the project is consistent with the applicable community wildfire protection plan or county fire plan. Requires eligible projects on such lands to be carried out in a cost-effective manner that focuses on surface, ladder, and canopy fuels reduction activities or implements forest restoration activities in response to extreme weather events or natural disasters. Requires the Secretaries to: (1) prepare an environmental assessment or an environmental impact statement pursuant to the National Environmental Policy Act of 1969 for each proposed eligible project; and (2) evaluate and consider an alternative recommendation if a project is or may be inconsistent with its community wildfire protection plan. Requires administrative and judicial review of eligible projects in accordance with the Healthy Forests Restoration Act of 2003. |
SECTION 1. SHORT TITLE AND PURPOSE. (a) Short Title.--This Act may be cited as the ``Rocky Mountain National Park Wilderness Act''. (b) Purpose.--The purpose of this Act is to designate as wilderness certain land within the Rocky Mountain National Park, Colorado, in order to protect-- (1) the enduring scenic and historic wilderness character and unique wildlife values of the land; and (2) the scientific, educational, inspirational, and recreational resources, values, and opportunities of the land. SEC. 2. DESIGNATION OF ROCKY MOUNTAIN NATIONAL PARK WILDERNESS. (a) Designation.--Certain land within the Rocky Mountain National Park, Colorado, which comprises approximately 249,339 acres, as generally depicted on the map titled ``Rocky Mountain National Park, Colorado Wilderness Boundaries'' and dated February 2006, is hereby designated as wilderness. The designated land shall be known as the ``Rocky Mountain National Park Wilderness'' (referred to in this Act as the ``Wilderness''). (b) Map and Description.-- (1) Preparation and submission.--As soon as practicable after the date of enactment of this Act, the Secretary of the Interior (referred to in this Act as the ``Secretary'') shall-- (A) prepare a map and a boundary description of the Wilderness; and (B) file the map and boundary description prepared under subparagraph (A) with the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. (2) Availability.--The map and boundary description prepared under paragraph (1)(A) shall be on file and available for public inspection in the Office of the Director of the National Park Service, Department of the Interior. (3) Force and effect.--The map and boundary description prepared under paragraph (1)(A) shall have the same force and effect as if included in this Act. (4) Correction of errors.--The Secretary may correct clerical and typographical errors in the map and boundary description. (c) Exclusion of Certain Land.--The boundaries of the Wilderness specifically exclude the following: (1) The Grand River Ditch (as used in this Act, the ``Grand River Ditch'' includes the main canal of the Grand River Ditch and a branch thereof known as the Specimen Ditch, their appurtenances and right-of-way, access roads, improvements, structures, buildings, camps, and work sites associated with the Grand River Ditch and the Specimen Ditch that were in existence as of June 1, 1998); land 200 feet on each side of the marginal limits of the Grand River Ditch, where the 200 foot exclusion on each side of the Grand River Ditch shall not follow the topography of the land, but rather, shall be measured by a horizontal, level projection from the marginal limits of the Grand River Ditch; and the land down-slope from the Grand River Ditch upon which rock, debris, and other materials have been deposited during the construction, improvement, maintenance, and repair of the Grand River Ditch. (2) Land owned by the St. Vrain & Left Hand Water Conservancy District, including Copeland Reservoir and the Inlet Ditch to such reservoir from the North St. Vrain Creek, amounting to approximately 35.38 acres. (3) Land owned by the Wincentsen-Harms Trust, amounting to approximately 2.75 acres. (4) Land within the area depicted as ``East Shore Trail Area'' on the map described in subsection (b). (d) East Shore Trail Area.-- (1) Alignment line and trail.-- (A) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary shall establish an alignment line for a trail, to be known as the ``East Shore Trail'', located within the East Shore Trail Area, to maximize the opportunity for sustained use of the trail without harm to affected resources. (B) Boundaries.--After establishing the alignment line under subparagraph (A), the Secretary shall identify the boundaries of the trail, but the trail shall not extend more than 25 feet east of the alignment line or be located within the Wilderness. (C) Effect.--Nothing in this Act shall be construed to-- (i) require the construction of a trail along the alignment line established pursuant to this paragraph; or (ii) limit the extent to which any otherwise applicable laws or policies shall apply with respect to any decision regarding construction of the trail. (2) Map adjustment.--After establishing the alignment line of the East Shore Trail, the Secretary shall adjust the map of the Wilderness so that the western boundary of the wilderness is 50 feet east of the alignment line. (3) Other adjustments.--To the extent necessary to protect National Park resources, the Secretary from time to time may adjust the boundaries of the East Shore Trail without reducing the size of the trail, but no adjustment shall have the effect of placing any portion of such trail within the boundary of the Wilderness. (e) Relation to Land Outside Wilderness.-- (1) Use of land.--Except as provided in this subsection, nothing in this Act shall affect the management or use of any land not included within the boundaries of the Wilderness. (2) Use of motorized vehicles.--No use of motorized vehicles or other motorized machinery not permitted on March 1, 2006, shall be allowed in the East Shore Trail Area, except as may be necessary for constructing or maintaining the East Shore Trail, if such construction is authorized by the Secretary. SEC. 3. MANAGEMENT OF ROCKY MOUNTAIN NATIONAL PARK WILDERNESS. (a) In General.--Subject to valid existing rights, land designated as wilderness by section 2(a) or subsequently included in the Wilderness shall be managed by the Secretary in a manner that preserves the wilderness character of the land, in accordance with this Act. (b) Water Rights.-- (1) Findings.--Congress finds the following: (A) According to decisions of the courts of the State of Colorado, the United States has existing rights to water within the Rocky Mountain National Park. (B) Those rights are sufficient for the purposes of the Wilderness as designated by section 2. (C) In light of the findings in subparagraphs (A) and (B), there is no need for this Act to effect a reservation by the United States of any additional water rights to fulfill the purposes for which the Wilderness is designated. (2) No reservation.--Nothing in this Act or any action taken pursuant to this Act shall constitute either an express or implied reservation of water or water rights for any purpose. (3) No exemption from state water laws.--Nothing in this Act constitutes an express or implied claim or denial on the part of the Federal Government as to exemption from State water laws. (c) Colorado-Big Thompson Project.-- (1) Current activities.--Activities on, under, or affecting the Wilderness relating to the monitoring, operation, maintenance, repair, replacement, and use of the Colorado-Big Thompson Project and its facilities which were allowed as of June 1, 1998, shall be allowed to continue and shall not be affected by the designation of the land as wilderness. (2) New activities.--In addition to the activities described in paragraph (1), any other activities on, under, or affecting the Wilderness that because of emergencies or catastrophic events become necessary for the operation, maintenance, repair, replacement, and continued use of the Colorado-Big Thompson Project and its facilities shall be allowed, subject only to reasonable restrictions which are established by the Secretary to protect the wilderness values of the land. In implementing this paragraph, the Secretary shall not establish any restrictions on the activities that would prevent the occurrence of such necessary activities or that would reduce the water supply provided by the Colorado-Big Thompson Project or the Windy Gap Project. (3) Relation to authority in act establishing park.-- Nothing in the first section of the Act of January 26, 1915 (16 U.S.C. 191), shall be construed to allow development within the Wilderness of any reclamation project not in existence as of the date of enactment of this Act. (d) No Buffer Zones.--Congress does not intend that the designation by this Act of the Wilderness creates or implies the creation of protective perimeters or buffer zones around the Wilderness. The fact that nonwilderness activities or uses can be seen or heard from within the Wilderness shall not, of itself, preclude such activities or uses up to the boundary of the Wilderness. (e) Trails.--The Secretary may upgrade trails or construct new trails in the Wilderness, including primitive, unpaved, and wheelchair- accessible trails. (f) Prohibition of Certain Uses.-- (1) In general.--Except as specifically provided for in this Act, and subject to existing private rights-- (A) no commercial enterprises or permanent roads shall be allowed within the Wilderness; and (B) except as provided in paragraph (2) and as necessary to meet minimum requirements for the administration of the Wilderness for the purpose of this Act (including measures required in emergencies involving the health and safety of persons within the Wilderness), the following shall be prohibited within the Wilderness: (i) Temporary roads. (ii) The use of motor vehicles, motorized equipment, or motorboats. (iii) The landing of aircraft. (iv) Any other form of mechanical transport. (v) Structures or installations. (2) Exceptions.-- (A) Fire, insect, and disease management activities.--The Secretary may take such measures in the Wilderness as are necessary to control fire, insects, and diseases, including the use of mechanized equipment, aircraft, and motorboats. (B) Aircraft; other vehicles.-- (i) In general.--The Secretary may allow the use of aircraft or other vehicles for emergency events, such as search and rescue, within the Wilderness. (ii) Existing uses.--The use of aircraft or motorboats in areas of the Wilderness in which the uses have already become established may be permitted to continue, subject to any restrictions that the Secretary determines to be appropriate. (g) Mineral Resources.-- (1) In general.--Nothing in this Act shall prevent within the Wilderness the conduct of any activity, including prospecting, for the purpose of gathering information about mineral or other resources, if the activity is carried on in a manner compatible with the preservation of the Wilderness environment. (2) Surveys.--In accordance with any program that the Secretary develops and conducts in consultation with the Secretary of Agriculture-- (A) areas within the Wilderness shall be surveyed on a planned, recurring basis consistent with the concept of wilderness preservation by the United States Geological Survey and the United States Bureau of Mines to determine the mineral values, if any, that may be present in the Wilderness; and (B) the results of such surveys shall be-- (i) made available to the public; and (ii) submitted to the President and Congress. (h) Commercial Services.--Commercial services may be performed within the Wilderness to the extent necessary for activities that are proper for realizing the recreational or other wilderness purposes of the Wilderness. (i) State and Private Land Within the Wilderness.-- (1) In general.--In any case in which State or private land is completely surrounded by the Wilderness-- (A) the State or private landowner shall be given any rights that may be necessary to ensure adequate access to the State or private land by the State or private landowner and any successors in interest; or (B) subject to paragraph (2), the State land or private land shall be exchanged for Federal land in the State of approximately equal value under authorities available to the Secretary. (2) Limitation.--The United States shall not transfer to the State or private landowner under paragraph (1)(B) any mineral interests unless the State or private landowner relinquishes or causes to be relinquished to the United States the mineral interest in the surrounded land. (j) Acquisition of Land.--Subject to the availability of appropriations, the Secretary may acquire private land within the perimeter of the Wilderness if the owner consents to the acquisition. (k) Gifts, Bequests and Contributions.-- (1) Gifts or bequests of land.-- (A) In general.--The Secretary may accept gifts or bequests of land within the Wilderness for inclusion in the Wilderness. (B) Inclusion in wilderness.--Any land accepted by the Secretary under subparagraph (A) shall become part of the Wilderness. (C) Regulations.--Regulations with regard to any land accepted under subparagraph (B) may be in accordance with such agreements, consistent with the policy of this Act, as are made at the time of such gift, or such conditions, consistent with such policy, as may be included in, and accepted with, the bequest. (2) Other gifts and contributions.--The Secretary may accept private contributions and gifts to be used to further the purposes of this Act. (l) Liability for Water Infrastructure.--The owner or operator of any water infrastructure located in the Wilderness on the date of enactment of this Act shall not be subject to Public Law 101-337 (16 U.S.C. 19jj et seq.), except in a case in which the destruction of, loss of, or injuries to a park system resource are caused by the negligence of the owner or operator of the water infrastructure. SEC. 4. WATER PROJECT DEVELOPMENT. If authorized by the Secretary or the President, water projects may be developed and maintained in the Wilderness, including projects that involve the construction and use of roads in the Wilderness. SEC. 5. GRAND RIVER DITCH OPERATIONS. (a) Findings.--Congress finds that-- (1) the Grand River Ditch was structured before the establishment of the Park; (2) portions of the Grand River Ditch are located within and outside the boundaries of the Park; and (3) the Grand River Ditch has been operated in accordance with Federal and State laws. (b) Liability.--Notwithstanding any other provision of law, on and after the date of enactment of this Act, no entity or person who owns, controls, or operates the Grand River Ditch shall be held liable for any personal injury or property damage resulting from any cause or event (including, but not limited to, water escaping from the Grand River Ditch by overflow or as a result of the failure or partial failure of the Grand River Ditch) unless the same has been proximately caused by the negligence of that entity or person. To the extent that any previous or existing law imposes liability other than as set forth above in this section, such law shall be, retroactively as of the date of enactment of this Act, and on and after that date, of no force and effect as to the Grand River Ditch, or upon or as to any entity or person that owns, controls, or operates the Grand River Ditch. Any provision in any stipulation concerning the Grand River Ditch, that imposes or seeks to impose liability other than as set forth above in this section on such entity or person, including specifically paragraphs (5) and (6) of the stipulation executed by the Water Supply and Storage Company on March 21, 1907, and approved June 28, 1907, by the United States Department of Agriculture, Forest Service, shall be, as of the date of enactment of this Act, and on and after that date, waived by the United States and not claimed or enforced by it. (c) Activities on Wilderness Land Related to Grand River Ditch.-- Activities on, under, or affecting the land designated as wilderness by section 2, or potential wilderness land, or those excluded land recited in section 2(c)(1), relating to the monitoring, operation, maintenance, repair, replacement, improvement, and use of the Grand River Ditch, including activities that become necessary because of emergencies or catastrophic events, shall be authorized and allowed and not be affected by this Act. SEC. 6. AUTHORITY TO LEASE LEIFFER PROPERTY. Section 3(k) of Public Law 91-383 (16 U.S.C. 1a-2(k)) shall apply to the tract of land near the eastern boundary of Rocky Mountain National Park in Larimer County, Colorado, administered by the National Park Service and known as the ``Leiffer tract'' to the same extent as if such property was part of the National Park System. | Rocky Mountain National Park Wilderness Act - Designates certain lands in Rocky Mountain National Park, Colorado, as the Rocky Mountain National Park Wilderness. Directs the Secretary of the Interior to establish an alignment line and identify the boundaries for the East Shore Trail within the East Shore Trail Area. Authorizes necessary adjustments in such boundaries, except any that would place any portion of the Trail in such Wilderness. Sets forth provisions concerning permitted and prohibited activities, water rights, and mineral resources within such Wilderness. Permits the Secretary to acquire private land within the Wilderness with the owner's consent. Allows water project development if authorized by the Secretary or President. Sets forth provisions governing continued operations at the Grand River Ditch. Applies provisions governing leases of National Park System buildings and property to property known as the Leiffer tract near the Park's eastern boundary in Larimer County, Colorado, as if such property was part of the Park. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Tax Refund Protection Act of 2014''. SEC. 2. REGULATION OF REFUND ANTICIPATION PAYMENT INSTRUMENTS AND TAX RETURN PREPARERS. (a) In General.--Subtitle B of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5481 et seq.) is amended by adding at the end the following new section: ``SEC. 1029B. REGULATION OF REFUND ANTICIPATION PAYMENT ARRANGEMENTS AND TAX RETURN PREPARERS. ``(a) In General.--The Bureau shall-- ``(1) regulate refund anticipation payment arrangements; ``(2) establish a program to license or certify tax return preparers subject to this section; ``(3) regulate such tax return preparers; and ``(4) before licensing or certifying a person as a tax return preparer subject to this section, require that the person demonstrate-- ``(A) good character; ``(B) good reputation; ``(C) necessary qualifications to enable the person to provide to persons valuable service as a tax return preparer; and ``(D) competency to perform the functions of a tax return preparer. ``(b) Authority To Impose a Fee.--The Bureau shall require tax return preparers subject to this section to pay a reasonable fee for licensing or certification under this section. ``(c) Disclosure Requirements.--The Bureau shall, by rule, require tax return preparers subject to this section to provide a disclosure statement to a consumer that shall contain statements-- ``(1) identifying the amount of fees such tax return preparer charges for preparing a Federal income tax return, filing a Federal income tax return, or executing a refund anticipation payment arrangement; ``(2) identifying the average amount of time in which an individual who files a Federal income tax return electronically can expect to receive a refund by mail, according to information provided by the Internal Revenue Service; ``(3) describing, in the case of a refund anticipation payment arrangement involving a depository account not controlled by the consumer, the difference in days between the average amount of time by which a consumer receives the tax refund (in whole or in part) from a refund anticipation payment arrangement and the average amount of time by which a consumer who files a Federal income tax return electronically receives the tax refund deposited directly to that consumer's deposit account by the taxing authority; ``(4) that a refund anticipation payment arrangement is not necessary to receive a tax refund; and ``(5) that, if a consumer does not receive a tax refund or the amount of the tax refund is less than the amount anticipated under the refund anticipation payment arrangement, the consumer may be responsible for paying any fees and interest associated with a refund anticipation payment arrangement. ``(d) Requirements Under TILA.--The Bureau shall issue regulations that, to the extent practicable, require tax return preparers that enter into a refund anticipation payment arrangement to comply with section 128 of the Truth in Lending Act (15 U.S.C. 1638) to the same extent as a creditor making a consumer credit transaction other than under an open end credit plan. ``(e) Disciplinary Procedures.--After notice and opportunity for a hearing, the Bureau may take any enforcement action against a tax return preparer subject to this section who-- ``(1) is incompetent; ``(2) is disreputable; ``(3) violates regulations prescribed under this section; or ``(4) with intent to defraud, willfully and knowingly misleads or threatens a consumer. ``(f) Definitions.--For purposes of this section, the following definitions shall apply: ``(1) Tax return preparer.--The term `tax return preparer subject to this section' means a tax return preparer (as defined in section 7701(a)(36) of the Internal Revenue Code of 1986) who is not subject to regulation under section 330 of title 31, United States Code. ``(2) Refund anticipation payment arrangement.--The term `refund anticipation payment arrangement' means an arrangement under which, in exchange for Federal income tax preparation services, a consumer agrees to pay a fee or interest upon receipt of the consumer's tax refund to a tax return preparer, lender, or other affiliated lender by-- ``(A) requesting the Federal Government to deposit such tax refund, in whole or in part, directly into a depository account designated by either the consumer or the tax return preparer, lender, or other affiliated lender; or ``(B) directly paying the fee or interest to the tax return preparer, lender, or other affiliated lender.''. (b) Clerical Amendment.--The table of contents of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5301 et seq.) is amended by inserting after the item related to section 1029A the following new item: ``Sec. 1029B. Regulation of refund anticipation payment arrangements and tax return preparers.''. (c) Exclusion for Certain Tax Preparers.-- (1) In general.--Section 1027(d)(1) of such Act is amended by striking subparagraph (B). (2) Conforming amendments.--Section 1027(d) of such Act is further amended-- (A) in paragraph (1)-- (i) in the heading, by striking ``and Tax Preparers''; (ii) by striking subparagraph (B); (iii) by striking ``authority over'' and all that follows through ``any person'' and inserting ``authority over any person''; (iv) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and by moving such subparagraphs 2 ems to the left; (v) by redesignating subclauses (I) and (II) as clauses (i) and (ii), respectively, and by moving such clauses 2 ems to the left; (vi) in subparagraph (A) (as redesignated), by inserting ``(except as related to tax return preparers pursuant to section 1029B)'' after ``tax''; and (vii) in clause (ii) (as redesignated), by striking ``; or'' and inserting a period; and (B) in paragraph (2)-- (i) in subparagraph (A)-- (I) by striking ``paragraph (1)(A) or (1)(B)'' and inserting ``such paragraph''; and (II) by striking ``paragraph (1)(A)'' each place it appears and inserting ``paragraph (1)''; (ii) in subparagraph (C)-- (I) by striking ``For purposes of subparagraphs (A) and (B), a person described in paragraph (1)(A)'' and inserting ``A person described in paragraph (1)''; and (II) by striking ``clause (i) or (ii) of paragraph (1)(A)'' and inserting ``subparagraph (A) or (B) of paragraph (1)''; and (iii) in subparagraph (D), by striking ``described in paragraph (1)(A) or (1)(B)''. SEC. 3. SPLIT REFUNDS MAY INCLUDE TAX RETURN PREPARER. (a) In General.--Section 6402 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(m) Split Refunds.--An income tax refund requested on a return of Federal income tax prepared by an income tax preparer may be split between the preparer and the taxpayer in accordance with the split requested by the taxpayer on the return. A split of an individual income tax return under this subsection shall not be treated as disreputable conduct merely because the taxpayer requested such split.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to returns for taxable years ending after the date of the enactment of this Act. | Tax Refund Protection Act of 2014 - Amends the Consumer Financial Protection Act of 2010 to require the Consumer Financial Protection Bureau (CFPB) to: (1) regulate refund anticipation payment arrangements, (2) establish a licensing or certification program governing tax return preparers subject to this Act, (3) regulate such preparers, and (4) require applicants to demonstrate qualifications and competency to perform tax return preparation sevices. Authorizes the CFPB to impose a licensing or certification fee. Directs the CFPB to require such preparers to make prescribed disclosures to a consumer, including: (1) a fee schedule for preparing or filing a federal income tax return, or executing a refund anticipation payment arrangement; and (2) the consumer's responsibility to pay any fees and interest associated with a refund anticipation payment arrangement even if the consumer does not receive a tax refund or the refund's amount is less than anticipated under the arrangement. Empowers the CFPB to take enforcement action against a preparer for specified violations. Amends the Internal Revenue Code to permit a federal income tax refund, on taxpayer request, to be split between the taxpayer and the preparer. Prohibits treatment of such a split as disreputable conduct merely because the taxpayer requested the split. |
SECTION 1. ASSESSMENT OF ACHIEVEMENT BY THE GOVERNMENT OF IRAQ OF BENCHMARKS FOR POLITICAL SETTLEMENT AND NATIONAL RECONCILIATION IN IRAQ. (a) Findings.--Congress makes the following findings: (1) Iraq is experiencing a deteriorating and ever-widening problem of sectarian and intra-sectarian violence based upon political distrust and cultural differences between some Sunni and Shia Muslims, concentrated primarily in Baghdad. (2) Iraqis must reach political settlements in order to achieve reconciliation, and the failure of the Iraqis to reach such settlements to support a truly unified government greatly contributes to the increasing violence in Iraq. (3) The responsibility for internal security and halting sectarian violence in Iraq must rest primarily with the Government of Iraq, relying on the Iraqi Security Forces (ISF). (4) On January 10, 2007, President George W. Bush announced a new strategy for Iraq, which consists of three basic elements: diplomatic, economic, and military. The central component of the military element is an augmentation of the present level of United States military forces in Iraq with more than 20,000 additional United States military forces to ``work alongside Iraqi units and be embedded in their formations. Our troops will have a well-defined mission: to help Iraqis clear and secure neighborhoods, to help them protect the local population, and to help ensure that the Iraqi forces left behind are capable of providing the security that Baghdad needs''. (5) President George W. Bush said on January 10, 2007, that ``I've made it clear to the Prime Minister and Iraq's other leaders that America's commitment is not open-ended'' so as to dispel the contrary impression that exists. (6) The Commander, Multi-National Forces-Iraq, General David Petraeus, stated during his confirmation hearing before the Committee on Armed Services of the Senate, on January 23, 2007, that it is ``very important'' for Iraqis to understand that they need to reach the political settlements which are essential to resolve the sectarian violence and to defeat insurgents. (7) General Petraeus acknowledged during his confirmation hearing before the Committee on Armed Services of the Senate, on January 23, 2007, that political settlement and political settlement alone by the Iraqis is our ultimate way of providing security and success in Iraq. (8) General Petraeus stated on March 8, 2007 that ``[a] political resolution of various differences, of this legislation, of various senses that people do not have a stake in the success of the new Iraq, and so forth, that is crucial. That is what will determine in the long run the success of this effort''. In an April 26, 2007, news conference, General Petraeus said that the situation in Iraq remains ``exceedingly difficult''. (9) General Petraeus, as principal author of Army Field Manual 3-24 (MCWP 3-33.5), Counterinsurgency, released in December 2006, and therefore possessing the unique understanding and experience regarding the principles and fundamentals of pursuing a counterinsurgency strategy, states that ``[i]n the end, the host nation has to win on its own. Achieving this requires development of viable local leaders and institutions. U.S. forces and agencies can help, but [Host Nation] elements must accept responsibilities to achieve real victory''. (10) United States military operations in Iraq should be conducted alongside a comprehensive diplomatic, political, and economic strategy that includes sustained engagement with Iraq's neighbors and the international community for the purpose of working collectively to bring stability to Iraq. (11) United States military personnel are currently serving in Iraq with the bravery and professionalism consistent with the finest traditions of the United States Armed Forces. Many have lost their lives, and many more have been wounded. They have and deserve the support of all Americans, and the American people will always honor their sacrifices and honor their families. (12) United States strategy in Iraq should be conditioned on the meeting by the Government of Iraq of specific benchmarks, as laid out by the President and in consultation with Congress, and reflected in the commitments of the Government of Iraq to the international community. (13) The meeting of these benchmarks by the Government of Iraq should be viewed as the condition for continued United States military and economic involvement in Iraq. (b) Sense of Congress.--It is the sense of Congress that Congress should not take any action, including the elimination or reduction of funds, that will impair the mission of the United States military forces in the field, undermine their safety or harm their effectiveness in pursuing their assigned missions. (c) Report on Achievement of Benchmarks.-- (1) Report.--Not later than 120 days after the date of the enactment of this Act, the Commander, Multi-National Forces- Iraq, having consulted with relevant United States and Iraqi officials, shall submit to Congress an independent report setting forth the status of the achievement of the benchmarks specified in paragraph (2) and stating the Commander's assessment whether or not each such benchmark has been met. The Commander shall prepare and submit the report in coordination with the Director of National Intelligence. (2) Benchmarks.--The benchmarks specified in this paragraph are as follows: (A) The assumption by Iraq of control of its military. (B) The enactment and implementation of a Militia Law to disarm and demobilize militias and to ensure that Iraqi security forces are accountable only to the central government and loyal to the constitution of Iraq. (C) The completion of the review of the constitution of Iraq and the holding of a referendum on special amendments to the constitution of Iraq to ensure equitable participation in the Government of Iraq without regard to religious sect or ethnicity. (D) The completion of a provincial election law and the commencement and specific preparation for the conduct of provincial elections that ensures equitable constitution of provincial representative bodies without regard to religious sect or ethnicity. (E) The enactment and implementation of legislation to ensure that the energy resources of Iraq benefit Sunni Arabs, Shia Arabs, Kurds, and other Iraqi citizens in an equitable manner. (F) The enactment and implementation of legislation that equitably reforms the de-Ba'athification process in Iraq. (3) Testimony before congress.--Not later than 14 days after the submittal to Congress of the report required by paragraph (1), the Commander, Multi-National Forces-Iraq shall appear before each of the appropriate committees of Congress to testify with respect to the success or failure of the Government of Iraq in meeting the benchmarks specified in paragraph (2). If, in the Commander's assessment as set forth in the report, the Government of Iraq has failed to meet any such benchmarks, the Commander shall also submit in his testimony each of the following: (A) Plans for the phased redeployment of United States forces currently deployed to Iraq in support of the Baghdad Security Plan as outlined by the President. (B) Subject to paragraph (4), plans for changing the mission of the remaining United States forces in Iraq to-- (i) training and equipping Iraqi forces; (ii) assisting deployed Iraqi brigades with intelligence, transportation, air support, and logistics support; (iii) protecting United States and coalition personnel and infrastructure; and (iv) maintaining rapid-reaction teams and special operations teams to undertake strike missions against al Qaeda in Iraq, and for other missions considered vital by the United States commander in Iraq. (4) The Commander, Multi-National Forces-Iraq shall devise the plans described in paragraph (3)(B) with the objective of successfully accomplishing the change in mission within six months of the date of his testimony before Congress. The Commander shall further indicate the number of troops needed to successfully complete the changed mission and the estimated duration of that mission. (5) Appropriate committees of congress defined.--In this subsection, the term ``appropriate committees of Congress'' means-- (A) the Committee on Armed Services of the Senate; and (B) the Committee on Armed Services of the House of Representatives. (d) Comptroller General Assessment.--Not later than 120 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress an independent report setting forth-- (1) the status of the achievement of the benchmarks specified in subsection (c)(2); and (2) the Comptroller General's assessment whether or not each such benchmark has been met. | Expresses the sense of Congress against any congressional action, including the elimination or reduction of funds, that will impair the mission of the U.S. military forces in the field, undermine their safety, or harm their effectiveness. Directs the Commander, Multi-National Forces-Iraq to report to Congress within 120 days respecting the status of the achievement of specified benchmarks and the Commander's assessment whether or not each such benchmark has been met. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Private Disaster Loans Act of 2007''. SEC. 2. PRIVATE DISASTER LOANS. (a) In General.--Section 7 of the Small Business Act (15 U.S.C. 636) is amended-- (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (2) by inserting after subsection (b) the following: ``(c) Private Disaster Loans.-- ``(1) Definitions.--In this subsection-- ``(A) the term `disaster area' means a county, parish, or similar unit of general local government in which a disaster was declared under subsection (b); ``(B) the term `eligible small business concern' means a business concern that is-- ``(i) a small business concern, as defined in this Act; or ``(ii) a small business concern, as defined in section 103 of the Small Business Investment Act of 1958; and ``(C) the term `qualified private lender' means any privately-owned bank or other lending institution that the Administrator determines meets the criteria established under paragraph (9). ``(2) Authorization.--The Administrator may guarantee timely payment of principal and interest, as scheduled on any loan issued by a qualified private lender to an eligible small business concern located in a disaster area. ``(3) Use of loans.--A loan guaranteed by the Administrator under this subsection may be used for any purpose authorized under subsection (b). ``(4) Online applications.-- ``(A) Establishment.--The Administrator may establish, directly or through an agreement with another entity, an online application process for loans guaranteed under this subsection. ``(B) Other federal assistance.--The Administrator may coordinate with the head of any other appropriate Federal agency so that any application submitted through an online application process established under this paragraph may be considered for any other Federal assistance program for disaster relief. ``(C) Consultation.--In establishing an online application process under this paragraph, the Administrator shall consult with appropriate persons from the public and private sectors, including private lenders. ``(5) Maximum amounts.-- ``(A) Guarantee percentage.--The Administrator may guarantee not more than 85 percent of a loan under this subsection. ``(B) Loan amounts.--The maximum amount of a loan guaranteed under this subsection shall be $2,000,000. ``(6) Loan term.--The longest term of a loan for a loan guaranteed under this subsection shall be-- ``(A) 15 years for any loan that is issued without collateral; and ``(B) 25 years for any loan that is issued with collateral. ``(7) Fees.-- ``(A) In general.--The Administrator may not collect a guarantee fee under this subsection. ``(B) Origination fee.--The Administrator may pay a qualified private lender an origination fee for a loan guaranteed under this subsection in an amount agreed upon in advance between the qualified private lender and the Administrator. ``(8) Documentation.--A qualified private lender may use its own loan documentation for a loan guaranteed by the Administrator, to the extent authorized by the Administrator. The ability of a lender to use its own loan documentation for a loan offered under this subsection shall not be considered part of the criteria for becoming a qualified private lender under the regulations promulgated under paragraph (9). ``(9) Implementation regulations.-- ``(A) In general.--Not later than 1 year after the date of enactment of the Private Disaster Loans Act of 2007, the Administrator shall issue final regulations establishing permanent criteria for qualified private lenders. ``(B) Report to congress.--Not later than 6 months after the date of enactment of the Private Disaster Loans Act of 2007, the Administrator shall submit a report on the progress of the regulations required by subparagraph (A) to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives. ``(10) Authorization of appropriations.-- ``(A) In general.--Amounts necessary to carry out this subsection shall be made available from amounts appropriated to the Administration under subsection (b). ``(B) Authority to reduce interest rates.--Funds appropriated to the Administration to carry out this subsection, may be used by the Administrator, to the extent available, to reduce the applicable rate of interest for a loan guaranteed under this subsection by not more than 3 percentage points.''. (b) Effective Date.--The amendments made by this section shall apply to disasters declared under section 7(b)(2) of the Small Business Act (631 U.S.C. 636(b)(2)) before, on, or after the date of enactment of this Act. SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS. The Small Business Act (15 U.S.C. 631 et seq.) is amended-- (1) in section 4(c)-- (A) in paragraph (1), by striking ``7(c)(2)'' and inserting ``7(d)(2)''; and (B) in paragraph (2)-- (i) by striking ``7(c)(2)'' and inserting ``7(d)(2)''; and (ii) by striking ``7(e),''; and (2) in section 7(b), in the undesignated matter following paragraph (3)-- (A) by striking ``That the provisions of paragraph (1) of subsection (c)'' and inserting ``That the provisions of paragraph (1) of subsection (d)''; and (B) by striking ``Notwithstanding the provisions of any other law the interest rate on the Administration's share of any loan made under subsection (b) except as provided in subsection (c),'' and inserting ``Notwithstanding any other provision of law, and except as provided in subsection (d), the interest rate on the Administration's share of any loan made under subsection (b)''. | Private Disaster Loans Act of 2007 - Amends the Small Business Act to authorize the Administrator of the Small Business Administration (SBA) to guarantee timely payment of principal and interest on any loan issued by a qualified private lender to an eligible small business located in a disaster area. Authorizes the Administrator to establish an online application process for such loans. Authorizes the Administrator to guarantee up to 85 percent of such a loan. Sets the maximum amount of such a loan at $2 million. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Liability Insurance in Event of Spill Act'' or the ``LINES Act''. SEC. 2. DEFINITIONS. Section 1001 of the Oil Pollution Act of 1990 (33 U.S.C. 2701) is amended-- (1) by redesignating paragraphs (9), (10), (11), (12) through (15), (16) through (24), (25), (26), (27), (28), (29), (30), (31), (32), (33), (34) through (37), (38), (39), (40), (41), (42), (43), and (44) as paragraphs (10), (13), (14), (17) through (20), (22) through (30), (32), (33), (36), (35), (37), (39), (38), (40), (41), (43) through (46), (34), (9), (11), (12), (21), (31), and (42), respectively; and (2) by inserting after paragraph (14) (as redesignated) the following: ``(15) Great lakes pipeline.--The term `Great Lakes pipeline' means any pipeline that crosses the navigable waters of the Great Lakes system. ``(16) Great lakes system.--The term `Great Lakes system' means-- ``(A) Lake Ontario, Lake Erie, Lake Huron (including Lake St. Clair), Lake Michigan, and Lake Superior, and the connecting channels (Saint Mary's River, Saint Clair River, Detroit River, Niagara River, and Saint Lawrence River to the Canadian border); and ``(B) any tributary of a lake or connecting channel described in subparagraph (A).''. SEC. 3. LIABILITY FOR GREAT LAKES PIPELINES. Section 1004(a) of the Oil Pollution Act of 1990 (33 U.S.C. 2704(a)) is amended-- (1) in paragraph (3), by striking ``and'' at the end; (2) in paragraph (4), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(5) for a Great Lakes pipeline, the total of all removal costs plus $75,000,000.''. SEC. 4. FINANCIAL RESPONSIBILITY REQUIREMENT FOR GREAT LAKES PIPELINES. Section 1016(c) of the Oil Pollution Act of 1990 (33 U.S.C. 2716(c)) is amended-- (1) in the subsection heading, by inserting ``and Great Lakes Pipelines'' after ``Facilities''; and (2) by adding at the end the following: ``(3) Great lakes pipelines.--A responsible party with respect to a Great Lakes pipeline shall establish and maintain evidence of financial responsibility in the same manner as described in paragraph (1).''. SEC. 5. EMERGENCY ORDER AUTHORITY. Section 60117(o) of title 49, United States Code, is amended-- (1) by amending paragraph (1) to read as follows: ``(1) In general.--The Secretary may issue an emergency order described in paragraph (3) to impose emergency restrictions, prohibitions, and safety measures on owners and operators of hazardous liquid pipeline facilities, without prior notice or an opportunity for a hearing, to the extent necessary to abate an imminent hazard described in subparagraph (A), comply with the conditions referred to in subparagraph (B), or acquire the necessary insurance or other resources needed to respond to an oil spill referred to in subparagraph (C) if the Secretary-- ``(A) determines that an unsafe condition or practice, or a combination of unsafe conditions and practices, constitutes or is causing an imminent hazard; ``(B) discovers reliable evidence that the pipeline is violating conditions required for its operation that were previously agreed upon between the responsible party and a State, tribal, or local government; or ``(C) after consultation with the Administrator of the Environmental Protection Agency and the Commandant of the Coast Guard, determines that-- ``(i) inadequate resources are available to respond to and clean up an oil spill during seasonal conditions or conditions expected or caused by an extreme weather event; or ``(ii) the responsible party cannot demonstrate, through any of the methods described in section 1016(e) of the Oil Pollution Act of 1990 (33 U.S.C. 2716(e)) that it has sufficient financial resources to satisfy the liability limits described in section 1004 of such Act (33 U.S.C. 2704) in the event of an oil spill incident.''; and (2) in paragraph (3)-- (A) in subparagraph (A)-- (i) by inserting ``(i)'' before ``the violation''; and (ii) by adding at the end the following: ``(ii) evidence that the pipeline is violating required operating conditions; or ``(iii) the reasons that responsible party's existing resources are inadequate to remedy either of the situations described in paragraph (1)(C);''; and (B) in subparagraph (E)-- (i) by inserting ``(i)'' before ``how the order''; and (ii) by striking ``and'' at the end and inserting the following: ``(ii) what the responsible party shall be required to do to ensure that the pipeline complies with applicable operating conditions; or ``(iii) the resources that the responsible party shall be required to acquire to remedy either of the situations described in paragraph (1)(C); and''. | Liability Insurance in Event of Spill Act or the LINES Act This bill amends the Oil Pollution Act of 1990 to cap the liability of parties that are responsible for oil discharges from a Great Lakes pipeline (any pipeline that crosses the navigable waters of the Great Lakes system) to the total of all removal costs plus $75 million. A responsible party with respect to a Great Lakes pipeline must establish and maintain evidence of financial responsibility (e.g., evidence of insurance or a bond) in a certain amount. Under current law, the Department of Transportation (DOT) may issue an emergency order to impose restrictions, prohibitions, and safety measures on owners and operators of gas or hazardous liquid pipeline facilities without prior notice or an opportunity for a hearing if they are necessary to abate an imminent hazard. This bill eliminates DOT's emergency order authority with respect to gas pipeline facilities. The bill expands DOT's emergency order authority with respect to hazardous liquid pipeline facilities, including by allowing DOT to impose restrictions, prohibitions, and safety measures if it: (1) discovers reliable evidence that the pipeline is violating conditions required for its operation that were previously agreed upon between the responsible party and a state, tribal, or local government; or (2) determines, after consultation with the Environmental Protection Agency and the U.S. Coast Guard, that inadequate resources are available to respond to and clean up an oil spill during seasonal conditions or conditions expected or caused by an extreme weather event, or the responsible party cannot demonstrate that it has sufficient financial resources to satisfy the liability limits in the event of an oil spill incident. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Residential Solar Energy Tax Credit Act''. SEC. 2. CREDIT FOR RESIDENTIAL SOLAR ENERGY PROPERTY. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25A the following new section: ``SEC. 25B. RESIDENTIAL SOLAR ENERGY PROPERTY. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of-- ``(1) 15 percent of the qualified photovoltaic property expenditures made by the taxpayer during such year, and ``(2) 15 percent of the qualified solar water heating property expenditures made by the taxpayer during the taxable year. ``(b) Limitations.-- ``(1) Maximum credit.--The credit allowed under subsection (a) shall not exceed-- ``(A) $2,000 for each system of property described in subsection (c)(1), and ``(B) $2,000 for each system of property described in subsection (c)(2). ``(2) Type of property.--No expenditure may be taken into account under this section unless such expenditure is made by the taxpayer for property installed on or in connection with a dwelling unit which is located in the United States and which is used as a residence. ``(3) Safety certifications.--No credit shall be allowed under this section for an item of property unless-- ``(A) in the case of solar water heating equipment, such equipment is certified for performance and safety by the non-profit Solar Rating Certification Corporation or a comparable entity endorsed by the government of the State in which such property is installed, and ``(B) in the case of a photovoltaic system, such system meets appropriate fire and electric code requirements. ``(c) Definitions.--For purposes of this section-- ``(1) Qualified solar water heating property expenditure.-- The term `qualified solar water heating property expenditure' means an expenditure for property that uses solar energy to heat water for use in a dwelling unit with respect to which a majority of the energy is derived from the sun. ``(2) Qualified photovoltaic property expenditure.--The term `qualified photovoltaic property expenditure' means an expenditure for property that uses solar energy to generate electricity for use in a dwelling unit. ``(3) Solar panels.--No expenditure relating to a solar panel or other property installed as a roof (or portion thereof) shall fail to be treated as property described in paragraph (1) or (2) solely because it constitutes a structural component of the structure on which it is installed. ``(4) Labor costs.--Expenditures for labor costs properly allocable to the onsite preparation, assembly, or original installation of the property described in paragraph (1) or (2) and for piping or wiring to interconnect such property to the dwelling unit shall be taken into account for purposes of this section. ``(5) Swimming pools, etc., used as storage medium.-- Expenditures which are properly allocable to a swimming pool, hot tub, or any other energy storage medium which has a function other than the function of such storage shall not be taken into account for purposes of this section. ``(d) Special Rules.--For purposes of this section-- ``(1) Dollar amounts 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 2 or more individuals the following shall apply: ``(A) The amount of the credit allowable under subsection (a) by reason of expenditures (as the case may be) made during such calendar year by any of such individuals with respect to such dwelling unit shall be determined by treating all of such individuals as 1 taxpayer whose taxable year is such calendar year. ``(B) There shall be allowable with respect to such expenditures to each of such individuals, a credit under subsection (a) for the taxable year in which such calendar year ends in an amount which bears the same ratio to the amount determined under subparagraph (A) as the amount of such expenditures made by such individual during such calendar year bears to the aggregate of such expenditures made by all of such individuals during such calendar year. ``(2) Tenant-stockholder in cooperative housing corporation.--In the case of an individual who is a tenant- stockholder (as defined in section 216) in a cooperative housing corporation (as defined in such section), such individual shall be treated as having made his tenant- stockholder's proportionate share (as defined in section 216(b)(3)) of any expenditures of such corporation. ``(3) Condominiums.-- ``(A) In general.--In the case of an individual who is a member of a condominium management association with respect to a condominium which he owns, such individual shall be treated as having made his proportionate share of any expenditures of such association. ``(B) Condominium management association.--For purposes of this paragraph, the term `condominium management association' means an organization which meets the requirements of paragraph (1) of section 528(c) (other than subparagraph (E) thereof) with respect to a condominium project substantially all of the units of which are used as residences. ``(4) Joint ownership of items of solar energy property.-- ``(A) In general.--Any expenditure otherwise qualifying as an expenditure described in paragraph (1) or (2) of subsection (c) shall not be treated as failing to so qualify merely because such expenditure was made with respect to 2 or more dwelling units. ``(B) Limits applied separately.--In the case of any expenditure described in subparagraph (A), the amount of the credit allowable under subsection (a) shall (subject to paragraph (1)) be computed separately with respect to the amount of the expenditure made for each dwelling unit. ``(5) Allocation in certain cases.--If less than 80 percent of the use of an item is for nonbusiness residential purposes, only that portion of the expenditures for such item which is properly allocable to use for nonbusiness residential purposes shall be taken into account. For purposes of this paragraph, use for a swimming pool shall be treated as use which is not for residential purposes. ``(6) When expenditure made; amount of expenditure.-- ``(A) In general.--Except as provided in subparagraph (B), an expenditure with respect to an item shall be treated as made when the original installation of the item is completed. ``(B) Expenditures part of building construction.-- In the case of an expenditure in connection with the construction or reconstruction of a structure, such expenditure shall be treated as made when the original use of the constructed or reconstructed structure by the taxpayer begins. ``(C) Amount.--The amount of any expenditure shall be the cost thereof. ``(e) Basis Adjustments.--For purposes of this subtitle, if a credit is allowed under this section for any expenditure with respect to any property, the increase in the basis of such property which would (but for this subsection) result from such expenditure shall be reduced by the amount of the credit so allowed. ``(f) Termination.--The credit allowed under this section shall not apply to taxable years beginning after December 31, 2006.''. (b) Conforming Amendments.-- (1) Subsection (a) of section 1016 of such Code is amended by striking ``and'' at the end of paragraph (26), by striking the period at the end of paragraph (27) and inserting ``; and'', and by adding at the end the following new paragraph: ``(28) to the extent provided in section 25B(e), in the case of amounts with respect to which a credit has been allowed under section 25B.''. (2) The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25A the following new item: ``Sec. 25B. Residential solar energy property.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after December 31, 2001. | Residential Solar Energy Tax Credit Act - Amends the Internal Revenue Code to allow a limited tax credit through tax year 2006 for residential solar energy property equal to the sum of: (1) 15 percent of the taxpayer's qualified photovoltaic property expenditures during the taxable year; and (2) 15 percent of the taxpayer's qualified solar water heating property expenditures during the same year. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Internet Investment, Innovation, and Competition Preservation Act''. SEC. 2. REQUIREMENTS FOR REGULATING INFORMATION SERVICES OR INTERNET ACCESS SERVICES. Title I of the Communications Act of 1934 (47 U.S.C. 151 et seq.) is amended by adding at the end the following: ``SEC. 12. REQUIREMENTS FOR REGULATING INFORMATION SERVICES OR INTERNET ACCESS SERVICES. ``(a) Market and Cost-benefit Analysis Required.-- ``(1) In general.--To the extent that the Commission has the authority to regulate the rates, terms, conditions, provisioning, or use of an information service or an Internet access service, the Commission shall not regulate such rates, terms, conditions, provisioning, or use unless-- ``(A) the Commission first transmits a report to Congress concluding that-- ``(i) there is a market failure in the provision of such information service or Internet access service; ``(ii) there is substantial evidence that the market failure is causing specific, identified harm to consumers by preventing a substantial number of consumers nationwide from accessing a substantial amount of lawful Internet content, applications, and services of their choice on a continuing basis; and ``(iii) regulations are necessary to ameliorate the specific, identified harm to consumers resulting from the market failure; ``(B) in a notice of proposed rulemaking commenced after the transmission of such report, the Commission-- ``(i) proposes the specific text of the regulation to be adopted to ameliorate such specific, identified harm to consumers; ``(ii) conducts a cost-benefit analysis determining that the benefit of such regulation exceeds its costs; and ``(iii) explains how imposing such regulation would not hinder ubiquitous broadband availability consistent with the national broadband plan that section 6001(k) of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) requires the Commission to issue; ``(C) in an order issued after such notice of proposed rulemaking, the Commission publishes in the Federal Register the specific language of a rule codifying such regulation; and ``(D) the Commission complies with the transparency requirements under subsection (d). ``(2) Consideration.--In conducting the cost-benefit analysis under paragraph (1)(B)(ii), the Commission shall consider the impacts of the regulation, including-- ``(A) any cost of enforcement; ``(B) any disincentive to investment; ``(C) any detriment to innovation; ``(D) any harm to competition, such as to the ability of providers of content, services, or applications to differentiate their content, services, or applications based on quality, offerings, or other factors; and ``(E) any harm to efficiency, such as restricting the ability of broadband network providers, service providers, application providers, or content providers to optimize their offering. ``(3) Required findings.--The Commission, in making the determination under paragraph (1)(A) and in conducting the cost-benefit analysis under paragraph (1)(B)(ii), shall-- ``(A) define the relevant product market; ``(B) determine whether any entity has market power in the relevant product market, taking into account competition among and between broadband network providers (including such providers using wireline, cable, wireless, satellite, and broadband over power line technologies), service providers, application providers, and content providers; ``(C) conduct an economic analysis of whether any such entity has the incentive and ability to exercise such market power in a way that harms consumers and that such entity could continue to profitably exercise that market power; and ``(D) consider-- ``(i) the available data on broadband availability, including the broadband maps and other information generated pursuant to the Broadband Data Improvement Act (Public Law 110- 385) and the American Recovery and Reinvestment Act of 2009 (Public Law 111-5); ``(ii) the impact of the broadband stimulus loans and grants issued pursuant to the American Recovery and Reinvestment Act of 2009; ``(iii) the availability of access to the information service or Internet access service from 1 or more sources; and ``(iv) the ease of entry into the relevant product market. ``(b) Least Restrictive Regulation Required; Network Management Permitted.--If the Commission decides to regulate the rates, terms, conditions, provisioning, or use of an information service or Internet access service after meeting its obligation under subsection (a), the Commission shall adopt a regulation that-- ``(1) shall be the least restrictive necessary to address the market failure and specific harm to consumers identified under such subsection; and ``(2) shall not prohibit managed services, network management to address congestion and quality of service, or measures designed to prevent or deter unauthorized or illegal activity, including copyright infringement. ``(c) Periodic Re-Evaluation Required.-- ``(1) In general.--If the Commission regulates the rates, terms, conditions, provisioning, or use of an information service or Internet access service, the Commission shall complete a proceeding in which the Commission shall reexamine the regulation and shall determine whether-- ``(A) the market failure identified in the report under subsection (a)(1)(A) still exists; ``(B) the regulation is effectively ameliorating the specific harm to consumers identified in such report; ``(C) absent continuation of such regulation, such specific, identified harm to consumers will return; and ``(D) the benefit of such regulation continues to exceed its costs. ``(2) Deadline.--The Commission shall complete a proceeding under paragraph (1) by the date that is 2 years after the effective date of the regulation and not less than every 2 years thereafter for as long as such regulation remains in effect. ``(3) Sunset.--Any regulation adopted pursuant to this section shall be deemed to be repealed if the Commission fails to determine that all of the conditions in subparagraphs (A) through (D) of paragraph (1) still exist within the proceeding deadline under paragraph (2). ``(d) Transparency Required.--The Commission shall not regulate the rates, terms, conditions, provisioning, or use of an information service or Internet access service unless the Commission complies with the following: ``(1) Before transmitting a final report to Congress under subsection (a)(1)(A), the Commission shall commence a notice of inquiry to examine the issues required to be addressed in such report and provide-- ``(A) notice and an opportunity for comment on such notice of inquiry to the public for a period of at least 30 days; ``(B) public access to comments received under subparagraph (A) on the Commission's Web site and a period of at least 30 days for replies to such comments; ``(C) to all Commissioners not less than 30 days after the receipt of such replies under subparagraph (B) to consider the record before the Commission provides a draft of the report required under subsection (a)(1)(A) to all Commissioners; and ``(D) at least 30 days to all Commissioners to consider such draft report before the deadline for a vote. ``(2) Before issuing an order under subsection (a)(1)(C), the Commission shall provide-- ``(A) notice and an opportunity for comment to the public for a period of at least 30 days on the notice of proposed rulemaking required under subsection (a)(1)(B); ``(B) public access to comments received under subparagraph (A) on the Commission's Web site and a period of at least 30 days for replies to such comments; ``(C) to all Commissioners, not less than 30 days after the receipt of such replies under subparagraph (B), a draft of the order to be issued pursuant to the notice of proposed rulemaking; and ``(D) at least 30 days to Commissioners to consider such draft before the deadline for a vote. ``(3) Before completing the proceeding required under subsection (c), the Commission shall provide-- ``(A) notice and an opportunity for comment to the public for a period of at least 30 days on the determinations made under the proceeding required by such subsection; ``(B) public access to comments received under subparagraph (A) on the Commission's Web site and a period of at least 30 days for replies to such comments; ``(C) to all Commissioners, not less than 30 days after the receipt of such replies under subparagraph (B), a draft of such determinations; and ``(D) at least 30 days to Commissioners to consider such draft before the deadline for a vote. ``(e) Neutral Network Neutrality.--The Commission shall apply and enforce any regulation governing the rates, terms, conditions, provisioning, or use of an information service (including any transmission component of an information service whether or not the transmission component is offered for a fee directly to the public or to such class of users as to be effectively available directly to the public regardless of the facilities used) or an Internet access service on a nondiscriminatory basis between and among broadband network providers, service providers, application providers, and content providers. ``(f) Enforcement.--If the Commission regulates the rates, terms, conditions, provisioning, or use of an information service or an Internet access service, such regulation may only be enforced against an entity if the Commission determines, pursuant to a complaint filed by a consumer, that the entity has engaged in conduct in violation of that regulation and such conduct caused a specific and substantial harm to that consumer. ``(g) Rules of Construction.--Nothing in this section shall be construed to-- ``(1) grant the Commission the authority to regulate information services or Internet access services; ``(2) supersede, repeal, or negate any regulations regarding information services or Internet access services that were in effect on January 1, 2010, including any regulations established pursuant to the Communications Assistance for Law Enforcement Act (Public Law 103-414); ``(3) prohibit the Commission from adopting any regulation it deems necessary to prevent damage to national security or public safety or to assist or facilitate any actions taken by a Federal or State law enforcement agency; or ``(4) mean that an Internet access service is not an information service.''. | Internet Investment, Innovation, and Competition Preservation Act - Amends the Communications Act of 1934 to prohibit the Federal Communications Commission (FCC) from regulating the rates, terms, conditions, provisioning, or use of an information service or an Internet access service unless: (1) there is a market failure in the provision of such service; (2) there is substantial evidence such failure is preventing a substantial number of consumers nationwide from accessing a substantial amount of lawful Internet content, applications, and services of their choice on a continuing basis; (3) regulations are necessary to ameliorate such consumer harm; and (4) the FCC has performed a cost-benefit analysis determining that the benefit of such regulation exceeds its costs. Requires any FCC regulation to: (1) be the least restrictive necessary to address market failure and consumer harm; and (2) not prohibit network management from addressing quality of service or measures to prevent unauthorized or illegal activity, including copyright infringement. Requires the FCC to enforce any such regulation on a nondiscriminatory basis between and among broadband network providers, service providers, application providers, and content providers. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Internet Radio Equality Act''. SEC. 2. NULLIFICATION OF DECISION OF COPYRIGHT ROYALTY JUDGES. The March 2, 2007, Determination of Rates and Terms of the United States Copyright Royalty Judges regarding rates and terms for the digital performance of sound recordings and ephemeral recordings, including that determination as modified by the April 17, 2007, Order Denying Motions for Rehearing and any subsequent modification to that determination by the Copyright Royalty Judges that is published in the Federal Register, is not effective, and shall be deemed never to have been effective. SEC. 3. COMPUTATION OF ROYALTY FEES FOR COMMERCIAL INTERNET RADIO SERVICES OFFERING DIGITAL PERFORMANCES OF SOUND RECORDINGS. (a) Standard for Determining Rates and Terms.--Section 114(f)(2)(B) of title 17, United States Code, is amended by striking ``Such rates and terms shall distinguish'' and all that follows through the end of clause (ii) and inserting the following: ``The Copyright Royalty Judges shall establish rates and terms in accordance with the objectives set forth in section 801(b)(1). Such rates and terms may include a minimum annual royalty of not more than $500 for each provider of services that are subject to such rates and terms, which shall be the only minimum royalty fee and shall be assessed only once annually to that provider.''. (b) Transition Rule.--Except for services covered by section 118 of title 17, United States Code, each provider of digital audio transmissions that otherwise would have been subject to the rates and terms of the determination of the Copyright Royalty Judges made ineffective by section 2 of this Act shall instead pay royalties for each year of the 5-year period beginning on January 1, 2006, at one of the following rates, as selected by the provider for that year: (1) 0.33 cents per hour of sound recordings transmitted to a single listener. (2) 7.5 percent of the revenues received by the provider during that year that are directly related to the provider's digital transmissions of sound recordings. SEC. 4. COMPUTATION OF ROYALTY FEES FOR NONCOMMERCIAL STATIONS OFFERING DIGITAL PERFORMANCES OF SOUND RECORDINGS. (a) Amendments to Section 118 of Title 17, United States Code.-- Section 118 of title 17, United States Code, is amended-- (1) in subsection (b), in the matter preceding paragraph (1), by striking ``and published pictorial'' and inserting ``, sound recordings, and published pictorial''; (2) in subsection (c)-- (A) in the matter preceding paragraph (1), by striking ``and published pictorial'' and inserting ``, sound recordings, and published pictorial''; and (B) in paragraph (1), by inserting ``or nonprofit institution or organization'' after ``broadcast station''; and (3) in subsection (f), by striking ``paragraph (2)'' and inserting ``paragraph (1) or (2)''. (b) Transition Rule.--For each calendar year (or portion thereof) beginning after December 31, 2004, until an applicable voluntary license agreement is filed with the Copyright Royalty Judges pursuant to section 118 of title 17, United States Code (as amended by subsection (a) of this section) or an applicable determination is issued by the Copyright Royalty Judges pursuant to section 118 of such title (as so amended), the annual royalty that a public broadcasting entity shall pay to owners of copyrights in sound recordings for the uses provided under section 118(c) of such title (as so amended) shall be an amount equal to the 1.5 times the total fees paid by that entity (or in the case of a group of related entities, the fees paid by such group) pursuant to section 114(f)(2) of title 17, United States Code, for such uses during the calendar year ending December 31, 2004. SEC. 5. REPORT BY THE NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION. Upon the publication in the Federal Register under section 803(b)(1) of title 17, United States Code, of the commencement of proceedings of the Copyright Royalty Judges under section 114(f) or 118 of title 17, United States Code, to determine rates and terms for Internet radio service providers under the statutory license provided under section 114(d)(2) or 118 (as the case may be), the Assistant Secretary of Commerce for Communications and Information, after consulting with representatives of copyright owners, nonprofit educational institutions, and commercial and noncommercial Internet radio providers, shall submit to the Copyright Royalty Judges a report on the competitiveness of the Internet radio marketplace and the effect on Internet radio providers of proposed rate determinations in the proceedings. The Assistant Secretary shall submit the report to the Copyright Royalty Judges in a timely manner before the conclusion of the proceedings. SEC. 6. REPORT BY THE FEDERAL COMMUNICATIONS COMMISSION. Upon the publication in the Federal Register under section 803(b)(1) of title 17, United States Code, of the commencement of proceedings of the Copyright Royalty Judges under section 114(f) or 118 of title 17, United States Code, to determine rates and terms for Internet radio service providers under the statutory license provided under section 114(d)(2) or 118 (as the case may be), the Federal Communications Commission shall submit to the Copyright Royalty Judges a report on the effect of proposed rate determinations in the proceedings on localism, diversity, and competition in the Internet radio marketplace. The report shall include the Commission's views on the effects of the proposed rate determinations on-- (1) localism, diversity, and competition in rural areas; (2) diversity of programming, including foreign language programming; and (3) competitive barriers to entry into the Internet radio market. The Commission shall submit the report to the Copyright Royalty Judges in a timely manner before the conclusion of the proceedings. SEC. 7. REPORT BY CORPORATION FOR PUBLIC BROADCASTING. Upon the publication in the Federal Register under section 803(b)(1) of title 17, United States Code, of the commencement of proceedings of the Copyright Royalty Judges under section 114(f) or 118 of title 17, United States Code, to determine rates and terms for Internet radio service providers under the statutory license provided under section 114(d)(2) or 118 (as the case may be), Corporation for Public Broadcasting, in consultation with public radio licensees or permittees, or their designated representatives, shall submit to the Congress a report on the effect of the proposed rate determinations on such licensees and permittees. The Corporation shall submit the report to the Copyright Royalty Judges in a timely manner before the conclusion of the proceedings. | Internet Radio Equality Act - Declares to be ineffective: (1) the March 2, 2007, Determination of Rates and Terms of the U.S. Copyright Royalty Judges regarding rates and terms for the digital performance of sound recordings and ephemeral recordings; (2) the April 17, 2007, modification of that determination by an order denying motions for rehearing; and (3) any subsequent modification by the Copyright Royalty Judges published in the Federal Register. Replaces standards for determining reasonable rates and terms of royalty payments for public performances of sound recordings by means of eligible nonsubscription transmission services and new subscription services with a requirement that such rates and terms be established in accordance with stated objectives of the Copyright Royalty Judges. (Currently, rates and terms are required to distinguish among different types of eligible nonsubscription transmission services and include a minimum fee for each type.) Allows a minimum annual royalty for each provider subject to such rates and terms. Provides a transition rule for payment of royalties by providers of digital audio transmissions that would have been subject to the rates and terms nullified by this Act. Revises royalty payment provisions concerning the use of certain works in noncommercial broadcasting to include: (1) sound recordings; and (2) performance or display by nonprofit organizations and public broadcasting entities. Provides a transition rule for the payment by a public broadcasting entity to owners of copyrights in sound recordings. Requires a report to the Copyright Royalty Judges by the Assistant Secretary of Commerce for Communications and Information on the competitiveness of the Internet radio marketplace and the effect on Internet radio providers of proposed rate determinations in proceedings concerning: (1) public performances of sound recordings by means of the services described above; or (2) the use of certain works in noncommercial broadcasting. Requires the Federal Communications Commission (FCC), upon publication of the commencement of proceedings of the Copyright Royalty Judges to determine rates and terms under the statutory license described in this Act, to report on the effect of such proposals on localism, diversity, and competition in the Internet radio marketplace (including in rural areas). Requires a report to Congress and the Copyright Royalty Judges by the Corporation for Public Broadcasting (CPB) on the effect of such proposals upon public broadcasting licensees and permittees. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Mobility for Work Act of 1993''. SEC. 2. PURPOSE. The purpose of this Act is to-- (1) improve the employment rates and earnings of residents of central cities by improving the access of the residents to areas of high job growth; (2) meet the labor needs of employers in suburban locations during periods of economic growth and build permanent attachments between workers and jobs; and (3) test differing approaches to achieving the purposes described in paragraphs (1) and (2) and determine the effects of the approaches. SEC. 3. MOBILITY FOR WORK DEMONSTRATION GRANTS. (a) Definitions.--As used in this section: (1) Area of high job growth.--The term ``area of high job growth'' means an area, within a Primary Metropolitan Statistical Area, that has averaged, during the 3 years preceding the date on which the determination regarding the area is made, a higher percentage increase in the number of jobs, as measured by the Bureau of Labor Statistics or a comparable State agency, than the Primary Metropolitan Statistical Area as a whole. (2) Central city.--The term ``central city'' means a central city, as defined by the Bureau of the Census as of the date of enactment of this Act. (3) Community-based organization.--The term ``community- based organization'' means an entity described in section 4(5) of the Job Training Partnership Act (29 U.S.C. 1503(5)). (4) Eligible metropolitan area.--The term ``eligible metropolitan area'' means an area-- (A) that is a Primary Metropolitan Statistical Area; and (B) in which the job growth outside of central cities accounted for 75 percent or more of total job growth in the Primary Metropolitan Statistical Area over the most recent 10-year period for which data are available. (5) Primary metropolitan statistical area.--The term ``Primary Metropolitan Statistical Area'' means a Primary Metropolitan Statistical Area, as defined by the Bureau of the Census as of the date of enactment of this Act. (6) Suburban job location.--The term ``suburban job location'' means a job location that-- (A) is in an area of high job growth; and (B) is not in a central city. (b) Establishment of Program.-- (1) In general.--The Secretary of Labor, in consultation with the Secretary of Transportation and the Secretary of Housing and Urban Development, shall establish a Mobility for Work Demonstration Program to evaluate the effects of assisting residents of a central city within an eligible metropolitan area to commute to job locations, especially suburban job locations, within the metropolitan area. (2) Grants authorized.--The Secretary of Labor, in consultation with the Secretary of Transportation and the Secretary of Housing and Urban Development, shall make grants through the Mobility for Work Demonstration Program to not more than six entities to carry out demonstration projects in eligible metropolitan areas, utilizing the program models described in subsection (d). (3) Peer review panel.-- (A) In general.--The Secretary of Labor, in consultation with the Secretary of Transportation and the Secretary of Housing and Urban Development, shall establish a peer review panel. (B) Experience.--The panel shall be comprised of individuals with experience in designing or implementing successful programs to improve mobility for work. (C) Composition.--The panel shall include at least one representative from each of the following: (i) A local or regional transportation authority. (ii) A community-based organization that has organized such a program. (iii) A local or regional government. (iv) A nonprofit organization that has helped design or evaluate such a program. (D) Duties.--The panel shall conduct an initial review of, and make recommendations to the Secretary of Labor regarding, applications submitted under subsection (c). The panel shall recommend to the Secretary of Labor and the Secretary of Transportation a design for the evaluation described in subsection (e). (c) Application and Approval Criteria.--To be eligible to receive a grant under this section to carry out a demonstration project, an entity shall submit an application to the Secretary of Labor at such time, in such manner, and containing such information as the Secretary of Labor, in consultation with the Secretary of Transportation and the Secretary of Housing and Urban Development, may require, including information demonstrating that-- (1) the applicant will use one of the three program models described in subsection (d) to carry out the project; (2) the applicant will establish data collection procedures that will be sufficient to enable the Secretary of Labor, in consultation with the Secretary of Transportation, to conduct an evaluation in accordance with subsection (e); and (3) the applicant has the capability to carry out the project adequately and to meet such other criteria as the Secretary of Labor may prescribe. (d) Program Models.--In making grants to entities to carry out demonstration projects under this section, the Secretary of Labor, in consultation with the Secretary of Transportation and the Secretary of Housing and Urban Development shall make grants to entities that agree to use one of the program models described in paragraphs (1), (2), and (3), and shall make at least one grant to an entity that agrees to use each of the following program models: (1) Adding transportation services to existing job training and placement programs.--Under this model an entity shall supplement job training and placement programs that are in existence on the date of the submission of the applicable application by increasing the access of residents of a central city in an eligible metropolitan area to job locations in areas of high job growth in the metropolitan area. The entity shall increase such access through the establishment of new transportation services that are designed to-- (A) transport the residents to the locations, such as van service provided between-- (i) the central city; and (ii) business parks or major employers in such locations, by a public agency, a private entity, or a community- based organization; (B) provide transportation counseling and assistance (such as services to promote the creation of carpools or provide education on public transit routes) to the residents to supplement counseling on job search and workplace conduct provided through the job training and placement programs; or (C) provide a direct subsidy of public transit fares or private automobile expenses for low-income residents of central cities. (2) Improving public transit systems to facilitate access to areas of high job growth.-- (A) In general.--Under this model an entity shall-- (i) work with the relevant public transit operator or agency to modify public transit routes and schedules, in order to increase the access of residents described in paragraph (1) to job locations described in paragraph (1), through public transit services such as-- (I) express bus service to business parks in such locations at times coinciding with shift changes; or (II) new connecting services to fill gaps in transportation service that impede commuting from central cities to such job locations; or (ii) reimburse public transit operators for the costs of providing reduced fare programs to increase such access. (B) Employer contributions.--An entity carrying out a demonstration project in accordance with subparagraph (A)(i) may request that employers of the residents described in such subparagraph contribute to the costs of implementing the transit services described in such subparagraph. (3) Establishing regional coalitions to improve central city access to jobs.-- (A) Coalition.--Under this model an entity shall establish a regional coalition, which may include neighborhood organizations, employers, employer associations, transportation providers, and similar entities, to implement comprehensive strategies to improve the access of low-income residents of a central city in an eligible metropolitan area to job locations within the metropolitan area. (B) Services.--The entity shall identify transportation barriers between central cities and such job locations and shall address the barriers through-- (i) modifications in job training and placement services; (ii) the provision of support services such as child care; and (iii) the provision of transportation services. (C) Area.--The entity shall attempt to link job training and placement program participants with job opportunities throughout as much of the eligible metropolitan area as is practicable. (e) Evaluation.--The Secretary of Labor, in consultation with the Secretary of Transportation, shall conduct a thorough evaluation of the demonstration projects established under this section, which evaluation shall include an assessment-- (1) with respect to entities establishing transportation services to supplement job training and placement programs in accordance with subsection (d)(1), the effect of the addition of such transportation services on employment rates, job retention, and earnings among residents of the area in which the demonstration project is conducted; (2) with respect to entities improving public transit systems in accordance with subsection (d)(2), the effect of the improvements on such employment rates, job retention, and earnings; and (3) with respect to entities establishing regional coalitions and implementing comprehensive strategies in accordance with subsection (d)(3), the effects of such strategies on such employment rates, job retention, and earnings. (f) Other Funding Sources.--Nothing in this section shall be construed to prevent an entity that receives a grant under this section to carry out a demonstration project from receiving funds to carry out the project from other sources to supplement the funds made available through the grant. (g) Authorization of Funds.--There are authorized to be appropriated to carry out this section $15,000,000 for fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995 through 1998. | Mobility for Work Act of 1993 - Directs the Secretary of Labor to establish a Mobility for Work Demonstration Program to evaluate the effects of assisting residents of central cities to commute to job locations, especially in the suburbs, within the metropolitan area. Authorizes grants to up to six entities through such Program to carry out demonstration projects in eligible metropolitan areas, using specified program models. Requires a peer review panel to review applications. Authorizes appropriations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Aligning Incentives for Better Patient Care Act of 2011''. SEC. 2. PERMITTING CERTAIN INCENTIVE PAYMENTS THAT PROMOTE QUALITY AND EFFICIENCY. (a) In General.--Section 1877(e) of the Social Security Act (42 U.S.C. 1395nn(e)) is amended by adding at the end the following new paragraph: ``(9) Incentive payments that promote quality and efficiency.--Any remuneration made, directly or indirectly, to a physician by a qualified hospital (as such term is defined in subsection (j)(2)) under the terms of a quality incentive agreement that meets the requirements of subsection (j)(1), for purposes of sharing cost savings generated for the hospital through the physician's voluntary participation in quality improvement activities under such agreement.''. (b) Requirements for Incentive Payments.--Section 1877 of the Social Security Act (42 U.S.C. 1395nn) is amended by adding at the end the following new subsection: ``(j) Requirements for Exception for Incentive Payments That Promote Quality and Efficiency.-- ``(1) Quality incentive agreement.-- ``(A) In general.--A quality incentive agreement that meets the requirements of this paragraph is an agreement between a physician and a qualified hospital that meets the following requirements: ``(i) Quality improvement activities.--The agreement lists the quality improvement activities under the hospital's quality improvement program that the physician agrees to participate in under the agreement. ``(ii) Determination of remuneration.--The agreement specifies that remuneration will be made to the physician by the hospital for cost savings achieved through the physician's participation in the quality improvement activities under clause (i), and includes the methodology that will be used to determine-- ``(I) the cost savings achieved through the physician's participation in such activities; and ``(II) subject to any limitation under paragraph (3)(A), the amount of any remuneration made to the physician under such agreement. ``(iii) Records.--The agreement contains a requirement that the physician and the hospital retain records related to the agreement, including records related to any remuneration made under the agreement, for a period determined by the Secretary. At the request of the Secretary, the physician and the hospital shall make such records available to the Secretary for purposes of an audit conducted by the Secretary under paragraph (3)(B). ``(B) Limitation on basis of payment.--The quality incentive agreement under subparagraph (A) may not allow remuneration to be made on the basis of-- ``(i) the volume of referrals made by the physician to the hospital; ``(ii) the value of referrals made by the physician to the hospital; ``(iii) cost savings achieved through limiting or denying a beneficiary's access to items or services solely on the basis that such services are new or improved; or ``(iv) cost savings achieved through directly or indirectly reducing or restricting the provision of items and services which the physician involved determines to be medically necessary or medically appropriate. ``(2) Qualified hospital.-- ``(A) In general.--For purposes of this subsection, the term `qualified hospital' means a hospital that-- ``(i) has established and maintains a quality improvement program that contains a list of quality improvement activities that meet the requirements of subparagraph (B) that the hospital seeks to encourage physicians to participate in; ``(ii) makes payments to the Secretary under subparagraph (C); ``(iii) provides notice to beneficiaries that meet the requirements under subparagraph (D); ``(iv) complies with the requirements of subparagraph (E), related to physician independence; and ``(v) submits the annual report required under subparagraph (F). ``(B) Quality improvement activities.-- ``(i) In general.--With respect to a quality improvement program of a hospital under subparagraph (A)(i), a quality improvement activity is an activity-- ``(I) that is designed by the hospital to-- ``(aa) improve the quality of inpatient hospital care (including improvements in patient safety); and ``(bb) generate cost savings for the hospital; and ``(II) does not jeopardize patient health or safety. ``(ii) Flexibility.--A quality improvement activity may be designed to-- ``(I) be clinical or non-clinical in nature; ``(II) increase communication and coordination between physicians and other providers; ``(III) improve admission planning, discharge planning, operating room utilization, timely documentation of the medical record, or appropriate transfer of patients within departments of a hospital; ``(IV) reduce the rate of avoidable re-operations; ``(V) reduce avoidable readmissions; ``(VI) appropriately reduce the average length of stay for patients in a hospital; or ``(VII) make other appropriate quality improvements, based on quality improvement measures recommended by physician specialty societies, the National Quality Forum, the National Committee for Quality Assurance, and the Physician Consortium for Performance Improvement. ``(iii) Other requirements.-- ``(I) Quality and cost benchmarks.--The hospital shall include the quality and cost benchmarks that the hospital uses to determine if an activity is a quality improvement activity in the quality improvement program under subparagraph (A)(i). ``(II) Limitation.--A quality improvement program may not include incentives to encourage the hospital or a physician to avoid taking on difficult or complex cases, which, but for the remuneration permitted under subsection (e)(9), the hospital or provider would have taken on. ``(C) Shared savings with medicare.--For each year (except for the first such year) that a hospital makes remuneration under subsection (e)(9), the hospital shall make, at such time and in such manner as the Secretary may require, a payment to the Secretary in an amount that is determined by the Secretary, but exceeds one percent of cost savings generated in such year as a result of physician participation in quality improvement activities through a quality incentive agreement under paragraph (1). Any payments made by a hospital to the Secretary under this subparagraph shall be deposited in the Federal hospital insurance trust fund. ``(D) Notice requirements.-- ``(i) In general.--A hospital that is a party to a quality incentive agreement under paragraph (1) shall, during the period of such agreement-- ``(I) provide notice to each beneficiary who receives inpatient hospital services in such hospital that the hospital provides remuneration to physicians who voluntarily participate in such agreement; and ``(II) disclose and prominently display on the public Internet website of the hospital information about the hospital's participation in such agreement and the remuneration made under such agreement. ``(ii) Timing.--To the extent that is feasible, without compromising patient safety, the notice under clause (i)(I) shall be provided to a beneficiary before such beneficiary receives inpatient hospital services through the hospital. ``(E) Protection of physician independence.--A qualified hospital may not-- ``(i) require that any physician who works for the hospital (as an employee, an independent contractor, or in any other status) to enter into a quality incentive agreement under paragraph (1); or ``(ii) penalize such physician (except through a denial of remuneration under subsection (e)(9), subject to the terms of the agreement under paragraph (1)) for the failure of such physician to participate in the quality improvement activities under the hospital's quality improvement program. ``(F) Annual report.--A hospital shall submit to the Secretary an annual report that includes-- ``(i) a copy of the hospital's quality improvement program; ``(ii) a list of the major quality improvement activities for which remuneration was made under any quality incentive agreement to which the hospital is a party during the previous year; ``(iii) the amount of cost savings generated for the hospital by such quality improvement activities during such year; and ``(iv) the quality improvement activities that generated the most cost savings for the hospital. ``(3) Responsibilities of the secretary.-- ``(A) Authority to set limits to prevent misuse of incentive payments.--The Secretary may set a limit to the amount of remuneration that a hospital may make to a physician under an agreement under paragraph (1) for the purpose of the types of remuneration prohibited under clauses (i) or (ii) of paragraph (1)(B). ``(B) Audits.--The Secretary, may, in such time and manner as the Secretary may specify, audit a hospital or physician with respect to remuneration made pursuant to a quality incentive agreement under paragraph (1). ``(C) Public disclosure of participating hospitals on website.--The Secretary shall maintain and publish a list of hospitals that have quality incentive agreements under paragraph (1) on the Medicare.gov Internet website of the Centers for Medicare & Medicaid Services.''. (c) Quality Incentive Ombudsman.--Section 1808(c) of such Act (42 U.S.C. 1395b-9(c)) is amended by adding at the end the following new paragraph: ``(4) Quality incentive ombudsman.-- ``(A) In general.--The Secretary shall provide a quality incentive ombudsman with Centers for Medicare & Medicaid Services, who shall respond to complaints and inquiries made by individuals described under paragraph (2)(A), hospitals, and physicians relating to the remuneration permitted under section 1877(e)(9). ``(B) Office and report.--The quality incentive ombudsman may be within the office of the Medicare Beneficiary Ombudsman appointed under paragraph (1), and the activities of the quality incentive ombudsman shall be included in the report under paragraph (2)(C).''. (d) Regulations.-- (1) In general.--Not later than January 1, 2014, the Secretary of Health and Human Services shall promulgate regulations to implement subsections (e)(9) and (j) of section 1887 of the Social Security Act, as added by subsection (a). Such regulations may include model quality incentive agreements and quality improvement programs. (2) Consultation.--In developing the regulations under paragraph (1), the Secretary of Health and Human Services shall consult with physician specialty societies, hospitals, and individuals entitled to benefits under part A or enrolled under part B of title XVIII of the Social Security Act. (3) Federal trade commission and department of justice.-- Not later than January 1, 2014, to the extent that quality incentive agreements under section 1877(j) of the Social Security Act may implicate anti-trust laws and regulations, the Federal Trade Commission and the Attorney General shall review such laws and regulations and shall issue regulations or guidance that includes examples of quality incentive agreements (as such term is used in section 1877(j) of the Social Security Act) that are permitted under such laws and regulations, and examples of such agreements that are not permitted under such laws and regulations. (e) Effective Date.--The amendments made by this section shall apply to remuneration made on or after January 1, 2014. SEC. 3. EXCEPTION TO CIVIL MONETARY PENALTIES FOR CERTAIN INCENTIVE PAYMENTS. Section 1128A(b)(1) of the Social Security Act (42 U.S.C. 1320a- 7a(b)(1)) is amended, in the matter preceding subparagraph (A), by inserting ``(except for remuneration made pursuant to section 1877(e)(9))'' after ``makes a payment''. SEC. 4. ESTABLISHMENT OF A SAFE HARBOR FROM CERTAIN CRIMINAL PENALTIES TO PROVIDE FOR USE OF INCENTIVE PAYMENT PROGRAMS BETWEEN PHYSICIANS AND HOSPITALS. Section 1128B(b)(3) of the Social Security Act (42 U.S.C. 1320a- 7b(b)(3)) is amended-- (1) in subparagraph (I), by striking ``and'' at the end; (2) in subparagraph (J), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(K) any remuneration between a hospital and a physician made pursuant to section 1877(e)(9).''. | Aligning Incentives for Better Patient Care Act of 2011 [sic] - Amends title XVIII (Medicare) of the Social Security Act to: (1) except from the prohibition against certain physician referrals and other compensation any incentive payments promoting quality and efficiency that are made under a quality incentive agreement between a physician and a qualified hospital, (2) prescribe requirements for such agreements, and (3) direct the Secretary of Health and Human Services (HHS) to provide a quality incentive ombudsman with the Centers for Medicare & Medicaid Services. Amends SSA title XI to exempt such incentive payments from certain civil money penalties as well as from criminal penalites for illegal remunerations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Integrity in Banking and Money Laundering Prevention Act of 1999''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds as follows: (1) Money laundering is a serious problem: between $100,000,000,000 and $300,000,000,000 in United States currency is ``laundered'' each year and the total dollar amount involved in international money laundering likely exceeds $500,000,000,000. (2) Money laundering is critical to the survival of the illicit drug trade, which has annual worldwide revenues of more than $400,000,000,000, more than 8 percent of the total value of international trade. (3) Money laundering affords drug dealers, terrorists, arms dealers, and other criminals the opportunity to erode the integrity of our financial institutions. (4) Through money laundering, criminals are able to hide profits from narcotics sales, tax fraud, terrorism, and arms smuggling. (5) Money laundering by international criminal enterprises challenges the legitimate authority of national governments, corrupts government institutions, endangers the financial and economic stability of nations, and routinely violates legal norms, property rights, and human rights. (6) United States financial institutions are a critical link in our efforts to combat money laundering. (7) The high profitability, intense competition, high level of confidentiality, and close relationships of trust developed between private bankers and their clients make private banking vulnerable to money laundering, and it is estimated that private banking services have banking assets ranging from $200,000,000,000 to $300,000,000,000. (8) As private banking grows, and competition for high net worth individuals as customers increases, anti-money laundering legislation should be extended to reach all financial institutions, including such entities as securities brokers and dealers. (b) Purposes.--The purposes of this Act are as follows: (1) To ensure that United States financial institutions make combating money laundering the highest of priorities. (2) To close the existing gaps in law that allow money laundering to flourish in the private banking system. (3) To designate foreign high-intensity money laundering areas for the purpose of targeting areas of concentrated money laundering activities. (4) To establish a comprehensive report on the extent of private banking by banks and other financial institutions operating within the United States. (5) To prevent the abuse of concentration, omnibus, or suspense accounts by money launderers and drug traffickers. (6) To enhance the ability of law enforcement officials to reconstruct an audit trail in the course of a criminal investigation by requiring United States financial institutions to maintain documentation of offshore accounts. (7) To subject securities brokers and dealers to the suspicious activities reporting requirements to which depository institutions are subject. SEC. 3. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Beneficial owner.--The term ``beneficial owner'', with respect to an account at a financial institution, any person or group which controls the account or for whose benefit the account is maintained. (2) Concentration account.--The term ``concentration account'' means a business account maintained by a financial institution in which funds from various sources are commingled. (3) Financial institution.--The term ``financial institution'' has the meaning given to such term in section 5312(a)(2) of title 31, United States Code. (4) High net worth individual.--The term ``high net worth individual'' means any individual-- (A) whose individual net worth, or, in the case of a married individual, whose joint net worth (with such individual's spouse), exceeds $1,000,000; or (B) who had-- (i) individual gross income in excess $400,000 in each of the 2 preceding calendar years; or (ii) who had joint gross income (with such individuals spouse) in excess of $600,000 in each of the 2 preceding calendar years, and who has a reasonable expectation of achieving gross income in the current calendar year in excess of the amount described in clause (i) or (ii), as the case may be. (5) Money laundering.--The term ``money laundering'' means any action or process whereby the existence, illegal source, or illegal application or expenditure of income is concealed or disguised so as to give income the appearance of legitimacy. (6) Private banking.--The term ``private banking'' means, with respect to a financial institution, the personal delivery of financial products and services to high net worth individuals, which may include the acceptance of deposits, lending, investing in investment companies, personal trust and estate administration, fund transfer services, establishing payable through accounts, the establishment of accounts in foreign banks, and other services which are not provided generally to all clients of the financial institution. SEC. 4. REPORT ON PRIVATE BANKING ACTIVITIES. (a) In General.--Before the end of the 18-month period beginning on the date of the enactment of this Act, the Secretary of the Treasury, in consultation with the Securities and Exchange Commission and the Federal banking agencies (as defined in section 3(z) of the Federal Deposit Insurance Act) shall submit a report on private banking activities in the United States to the Committee on Banking and Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate. (b) Contents of Report.--The report required under subsection (a) shall include information on the following: (1) The nature and extent of private banking in the United States. (2) Regulatory efforts to monitor private banking and ensure that such private banking operations are conducted in compliance with subchapter II of chapter 53 of title 31, United States Code, and section 21 of the Federal Deposit Insurance Act. (3) The policies and procedures of financial institutions that are designed to ensure compliance by such institutions with the requirements of subchapter II of chapter 53 of title 31, United States Code, and section 21 of the Federal Deposit Insurance Act. SEC. 5. REQUIRE THAT ANTI-MONEY LAUNDERING PROGRAMS PROHIBIT MONEY LAUNDERING THROUGH CONCENTRATION ACCOUNTS AT FINANCIAL INSTITUTIONS BY REQUIRING PROPER MAINTENANCE OF SUCH ACCOUNTS. Section 5318(h) of title 31, United States Code, is amended by adding at the end the following new paragraph: ``(3) Availability of certain account information.--The Secretary of the Treasury shall prescribe regulations under this subsection which require financial institutions to maintain all accounts in such a way as to ensure that the name of the account holder and the number of the account are associated with all account activity of the account holder.'' SEC. 6. DESIGNATION OF FOREIGN HIGH-INTENSITY MONEY LAUNDERING AREAS. (a) In General.--Subchapter III of chapter 53 of title 31, United States Code (as added by the Money Laundering and Financial Crimes Strategy Act of 1998) is amended by adding at the end the following new part: ``Part 3--International Money Laundering and Related Financial Crimes ``Sec. 5361. Designation of foreign high-intensity money laundering areas ``(a) In General.--The Secretary, in consultation with the Attorney General and the Federal banking agencies, shall develop criteria for identifying areas outside the United States in which money laundering activities are concentrated. ``(b) Designation.--The Secretary shall designate as a high- intensity money laundering area any foreign country in which there is an area identified, in accordance with the criteria developed pursuant to subsection (a), as an area in which money laundering activities are concentrated. ``(c) Notice and Warning.--Upon the designation, under subsection (b), of a country as a high-intensity money laundering area, the Secretary shall provide-- ``(1) a written notice to each financial institution of the identity of the country designated; and ``(2) a written warning that there is a concentration of money laundering activity in such country.''. (b) Clerical Amendment.--The table of subchapters for chapter 53 of title 31, United States Code, is amended by adding at the end the following item: ``Part 3--International Money Laundering and Related Financial Crimes ``5361. Designation of foreign high-intensity money laundering areas.''. SEC. 7. DOUBLE THE CRIMINAL PENALTIES FOR VIOLATIONS INVOLVING HIGH- INTENSITY MONEY LAUNDERING AREAS. (a) In General.--Section 5322 of title 31, United States Code, is amended by adding at the end the following new subsection: ``(d) Doubled Penalty.--The court may double the sentence of fine or imprisonment, or both, that could otherwise be imposed on any person for a violation described in subsection (a) or (b) if the person commits the violation with respect to a transaction involving a person in, a relationship maintained for a person in, or a transport of a monetary instrument involving a foreign country, knowing that a designation of the foreign country as a high-intensity money laundering area under section 5361 was in effect at the time of the violation.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to any violation committed on or after the date of the enactment of this Act. SEC. 8. ENHANCED ABILITY TO IDENTIFY PROPERLY THE BENEFICIAL OWNER OF OFFSHORE ACCOUNT. Section 5318 of title 31, United States Code, is amended by adding at the end the following new subsection: ``(i) Requirements Relating to Effective Enforcement of Subchapter.-- ``(1) In general.--In an effort to assist law enforcement in tracing funds identifying beneficial owners of accounts set up by financial institutions in the United States, the Secretary of the Treasury shall require any domestic financial institution making a transaction for any person or maintaining a relation for any person with a foreign financial institution or a foreign financial agency, including a foreign branch or subsidiary of the domestic financial institution, to keep and maintain records within the United States of the beneficial owner of any accounts outside the United States to which funds of that person are transferred by the domestic financial institution or at a place-- ``(A) where a summons under this section to produce such records is legally effective; and ``(B) from which the records are capable of being delivered to the place designated in accordance with subsection (c)(1) within 48 hours of the receipt of the summons. ``(2) Information in records.--The records required under paragraph (1) shall contain the following information in the manner and to the extent that the Secretary prescribes in regulations, and subject to such exemptions as the Secretary determines to be appropriate: ``(A) The identity and address of participants in a transaction or relationship. ``(B) The legal capacity in which a participant is acting. ``(C) The identity of the real parties in interest.''. SEC. 9. REGULATIONS RELATING TO SUSPICIOUS ACTIVITY REPORTS BY BROKERS AND DEALERS. Before the end of the 1-year period beginning on the date of the enactment of this Act, the Secretary of the Treasury, in consultation with the Securities and Exchange Commission, shall prescribe regulations in final form under section 5318(g) of title 31, United States Code, requiring brokers and dealers registered with the Securities and Exchange Commission under the Securities Exchange Act of 1934 to report, in accordance with such section 5318(g), any suspicious transaction relevant to a possible violation of law or regulation. | Instructs the Secretary to: (1) prescribe regulations which require financial institutions to maintain all accounts in such a way as to ensure that the name of the account holder and the number of the account are associated with all of the owner's account activity; and (2) develop criteria for identifying foreign high-intensity money laundering areas. Authorizes courts to double criminal penalties for violations involving high-intensity money laundering areas. Directs the Secretary to: (1) require domestic financial institutions to maintain records within the United States which accurately identify the parties for whom such institutions conduct transactions with foreign counterparts; and (2) promulgate final regulations requiring registered brokers and dealers to report suspicious transactions in accordance with specified banking law. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Unrecognized Southeast Alaska Native Communities Recognition Act''. SEC. 2. ESTABLISHMENT OF ADDITIONAL NATIVE CORPORATIONS IN SOUTHEAST ALASKA. Section 16 of the Alaska Native Claims Settlement Act (43 U.S.C. 1615) is amended by adding at the end the following new subsection: ``(e)(1) The Native residents of each of the Native villages of Haines, Ketchikan, Petersburg, and Wrangell, Alaska, may organize as an Urban Corporation. ``(2) The Native residents of the Native village of Tenakee, Alaska, may organize as a Group Corporation. ``(3) Nothing in this subsection shall affect any entitlement to land of any Native Corporation pursuant to this Act or any other provision of law.''. SEC. 3. SHAREHOLDER ELIGIBILITY. Section 8 of the Alaska Native Claims Settlement Act (43 U.S.C. 1607) is amended by adding at the end the following new subsection: ``(d)(1) The Secretary shall enroll to each of the Urban Corporations for Haines, Ketchikan, Petersburg, or Wrangell those individual Natives who enrolled under this Act to Haines, Ketchikan, Petersburg, or Wrangell, and shall enroll to the Group Corporation for Tenakee those individual Natives who enrolled under this Act to Tenakee. ``(2) Those Natives who, pursuant to paragraph (1), are enrolled to an Urban Corporation for Haines, Ketchikan, Petersburg, or Wrangell, or to a Group Corporation for Tenakee, and who were enrolled as shareholders of the Regional Corporation for southeast Alaska on or before March 30, 1973, shall receive 100 shares of Settlement Common Stock in such Urban or Group Corporation. ``(3) A Native who has received shares of stock in the Regional Corporation for southeast Alaska through inheritance from a decedent Native who originally enrolled to Haines, Ketchikan, Petersburg, Tenakee, or Wrangell, which decedent Native was not a shareholder in a Village, Group or Urban Corporation, shall receive the identical number of shares of Settlement Common Stock in the Urban Corporation for Haines, Ketchikan, Petersburg, or Wrangell, or in the Group Corporation for Tenakee, as the number of shares inherited by that Native from the decedent Native who would have been eligible to be enrolled to such Urban or Group Corporation. ``(4) Nothing in this subsection shall affect entitlement to land of any Regional Corporation pursuant to section 12(b) or section 14(h)(8).''. SEC. 4. DISTRIBUTION RIGHTS. Section 7 of the Alaska Native Claims Settlement Act (43 U.S.C. 1606) is amended-- (1) in subsection (j), by adding at the end the following new sentence: ``Native members of the communities of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell who become shareholders in an Urban or Group Corporation for such a community shall continue to be eligible to receive distributions under this subsection as at-large shareholders of Sealaska Corporation.''; and (2) by adding at the end the following new subsection: ``(r) No provision of the Unrecognized Southeast Alaska Native Communities Recognition Act shall affect the ratio for determination of distribution of revenues among Native Corporations under this section of the Act and the 1982 Section 7(i) Settlement Agreement among the Regional Corporations or among Village Corporations under subsection (j).''. SEC. 5. REPORT TO CONGRESS. Not later than December 31, 1998, the Secretary of the Interior, in consultation with the Secretary of Agriculture, representatives of the Urban and Group Corporations established pursuant to section 16 of the Alaska Native Claims Settlement Act (as added by section 2 of this Act), and the Sealaska Corporation, shall submit to the Senate Committee on Energy and Natural Resources and the House Committee on Resources a report making recommendations to the Congress regarding lands and other appropriate compensation to be provided to such Urban and Group Corporations, including-- (1) local areas of historical, cultural, and traditional importance to Alaska Natives from the villages of Haines, Ketchikan, Petersburg, Tenakee, or Wrangell, that should be conveyed to such Urban or Group Corporation, together with any recommended limitations or stipulations regarding the use of such lands, including possible restrictions on the harvest of timber from such lands; and (2) such additional forms of compensation as the Secretary may recommend. SEC. 6. MISCELLANEOUS. (a) Planning Grants.--There are authorized to be appropriated such sums as are necessary to provide the Native Corporations for the communities of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell with grants in the amount of $250,000 each, to be used only for planning, development, and other purposes for which Native Corporations are organized under the Alaska Native Claims Settlement Act. (b) No Inference on Creation of Entitlement to Lands.-- Notwithstanding any provision of the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), nothing in this Act or the amendments made by this Act shall be construed to create any entitlement to Federal lands for an Urban or Group Corporation established pursuant to section 16 of the Alaska Native Claims Settlement Act (as added by section 2 of this Act) without an Act of Congress enacted after the date of the enactment of this Act. | Unrecognized Southeast Alaska Native Communities Recognition Act - Amends the Alaska Native Claims Settlement Act to permit the Native villages of: (1) Haines, Ketchikan, Petersburg, and Wrangell, Alaska to organize as an Urban Corporation; and (2) Tenakee, Alaska to organize as a Group Corporation. Mandates a specified report. Authorizes appropriations of such sums as are necessary to provide the Native Corporations with planning grants. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Better Oil Spill Response Plan Act of 2010''. SEC. 2. WORST CASE DISCHARGES. Section 311(d) of the Federal Water Pollution Control Act (33 U.S.C. 1321(d)) is amended by adding at the end the following: ``(5) Worst case discharges.--Not later than 180 days after the date of enactment of this paragraph, and every 5 years thereafter, the President shall publish and provide to each Area Committee established under subsection (j)(4) an estimate of the worst case discharges, including subsurface discharges, that are possible in each area described in an Area Contingency Plan under subsection (j)(4)(C)(ii), based on the oil and gas exploration, development, and production activities that are being conducted or are planned to be conducted at various locations and depths in each area.''. SEC. 3. REVISION OF NATIONAL CONTINGENCY PLAN. (a) In General.--Not later than 270 days after the date of enactment of this Act, the President shall revise the National Contingency Plan prepared under section 311(d) of the Federal Water Pollution Control Act (33 U.S.C. 1321(d)) and, as necessary, the regulations required under section 311(j) of such Act (33 U.S.C. 1321(j)). Such revisions shall take into account the following: (1) The adequacy of the National Contingency Plan in place at the time of the explosion involving the mobile offshore drilling unit Deepwater Horizon to respond to the volume, source, and duration of the discharge caused by that explosion. (2) Any findings and options related to the National Contingency Plan made by the National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling established by the President by Executive Order 13543 (75 Fed. Reg. 29397). (3) The estimate of the worst case discharges published under section 311(d)(5) of such Act (as added by section 2 of this Act). (b) Revisions and Amendments.--Section 311(d)(3) of such Act (33 U.S.C. 1321(d)(3)) is amended to read as follows: ``(3) Revisions and amendments.--The President-- ``(A) shall revise or otherwise amend the National Contingency Plan whenever the estimate of the worst case discharges published under paragraph (5) materially changes; and ``(B) may, as the President deems advisable, revise or otherwise amend the National Contingency Plan at any time.''. SEC. 4. REVISION OF AREA CONTINENCY PLANS. (a) Updating of Worst Case Discharge.--Section 311(j)(4)(C)(i) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)(4)(C)(i)) is amended to read as follows: ``(i) when implemented in conjunction with the National Contingency Plan, be adequate to mitigate or remove a worst case discharge, as estimated under subsection (d)(5), and to mitigate or prevent a substantial threat of such a discharge, from a vessel, offshore facility, or onshore facility operating in or near the area;''. (b) Area Contingency Plan Revision.--Not later than 18 months after the date of enactment of this Act, each Area Committee shall revise its Area Contingency Plan established under section 311(j) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)) and submit such revisions to the President for review. Such revisions shall take into account: (1) The adequacy of the Area Contingency Plan in place at the time of the explosion involving the mobile offshore drilling unit Deepwater Horizon to respond to the volume, source, and duration of the discharge caused by that explosion. (2) Revisions made to the National Contingency Plan pursuant to section 3 of this Act. (3) Any findings and options related to the National Contingency Plan made by the National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling established by the President by Executive Order 13543 (75 Fed. Reg. 29397). (4) The estimate of the worst case discharges provided to the Area Committee by the President under section 311(d)(5) of such Act (as added by section 2 of this Act). (c) Presidential Review.--Not later than 180 days after the date on which an Area Contingency Plan is submitted to the President under subsection (b), the President shall-- (1) review the plan; (2) require amendments to the plan if the plan does not meet the requirements of section 311(j)(4) of such Act (33 U.S.C. 1321(j)(4)); and (3) approve the plan if the plan meets the requirements of that section. (d) Consistency With National Contingency Plan Dispersant Schedule.--Section 311(j)(4)(C)(iv) of such Act (33 U.S.C. 1321(j)(4)(C)(iv)) is amended by inserting after ``dispersants or other mitigating substances and devices'' the following: ``(consistent with the schedule prepared under subsection (d)(2)(G))''. (e) Periodic Revision of Area Contingency Plan.--Section 311(j)(4)(C)(viii) of such Act (33 U.S.C. 1321(j)(4)(C)(viii)) is amended to read as follows: ``(viii) be updated periodically by the Area Committee, including at any time that the estimate of the worst case discharges published under section 311(d)(5) is materially changed for the area or the National Contingency Plan is materially revised.''. SEC. 5. TANK VESSEL, NONTANK VESSEL, AND FACILITY RESPONSE PLANS. (a) In General.--Not later than 180 days after the date of enactment of this Act, the President shall revise the regulations issued under section 311(j)(5) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)(5)) to ensure that each response plan required under that section-- (1) is based on a realistic assessment of worst case discharge scenarios, drawing from the estimate of the worst case discharges provided under section 311(d)(5) of such Act (as added by section 2 of this Act), for each tank vessel, nontank vessel, or facility, including a deep subsurface wellhead discharge associated with such tank vessel, nontank vessel, or facility; (2) is based on an accurate assessment of the physical and ecological characteristics of the area in which the vessel, nontank vessel, or facility is operating, drawing from the portion of the Area Contingency Plan prepared under section 311(j)(4)(C)(ii) of such Act (33 U.S.C. 1321(j)(4)(C)(ii)) that describes the area; (3) includes a demonstration and supporting certification by the owner or operator of a tank vessel, nontank vessel, or facility of such owner's or operator's capacity to fully implement the plan; and (4) meets such other requirements as the President may prescribe. (b) Approval of Response Plan Required.-- (1) In general.--Section 311(j)(5) of such Act (33 U.S.C. 1321(j)(5)) is amended-- (A) by striking subparagraph (G); and (B) by redesignating subparagraphs (H) and (I) as subparagraphs (G) and (H), respectively. (2) Applicability.--The amendment made under paragraph (1)(A) shall not be construed to affect any waiver issued under section 311(j)(5)(G) of such Act (33 U.S.C. 1321(j)(5)(G)) before the date of enactment of this Act. (c) Capacity To Implement Response Plans.--Section 311(j)(6) of such Act (33 U.S.C. 1321(j)(6)) is amended to read as follows: ``(6) Capacity to implement response plans.-- ``(A) Equipment requirements and inspection.--The President may require-- ``(i) periodic inspection of containment booms, skimmers, vessels, and other major equipment used to mitigate or remove discharges; and ``(ii) vessels operating on navigable waters and carrying oil or a hazardous substance in bulk as cargo, and nontank vessels carrying oil of any kind as fuel for main propulsion, to carry appropriate removal equipment that employs the best technology economically feasible and that is compatible with the safe operation of the vessel. ``(B) Demonstration of capacity to respond.--The President shall require the owner or operator of a vessel or facility required to submit a response plan under this subsection to demonstrate, not less frequently than once each year, that such owner or operator has the capacity, including the necessary equipment, personnel, or logistical capacity, to implement the response plan. ``(C) Effect of failure to demonstrate capacity to respond.--If the President determines that an owner or operator of a vessel or facility has failed to demonstrate the capacity to implement the response plan, and such owner or operator does not remedy such failure within such reasonable time period as the President may prescribe, the President shall revoke the approval of the response plan required under paragraph (5). ``(D) Regulations.--Not later than 180 days after the date of enactment of the Better Oil Spill Response Plan Act of 2010, the President shall issue regulations to implement subparagraphs (B) and (C).''. SEC. 6. SAFE DISPERSANTS. (a) Approval of Dispersants, Other Chemicals, and Other Spill Mitigating Devices and Substances.--Section 311(d)(2)(G) of the Federal Water Pollution Control Act (33 U.S.C. 1321(d)(2)(G)) is amended to read as follows: ``(G) A schedule, prepared in cooperation with the States, identifying-- ``(i) dispersants, other chemicals, and other spill mitigating devices and substances, if any, that may be used in carrying out the Plan, using criteria for the evaluation of safety and efficacy of the dispersants, other chemicals, and other spill mitigating devices and substances, ensuring that-- ``(I) in selecting dispersants, other chemicals, and other spill mitigating substances to place on the schedule, the President shall require a manufacturer of a dispersant, other chemical, or other spill mitigating substance to submit data on such dispersant, other chemical, or other spill mitigating substance, prepared by a laboratory approved by the President, regarding-- ``(aa) efficacy on particular types of oil; ``(bb) safety for known and reasonably anticipated uses; ``(cc) the chronic effects of sustained use on marine, coastal, estuarine, and freshwater environments; ``(dd) the effects on selected aquatic species that represent life at various ocean depths, including effects on benthic-dwelling organisms and coral reefs; ``(ee) the effects on marine life resulting from subsurface application; ``(ff) the effects on early life stages of aquatic organisms, including eggs and larvae; ``(gg) a list of all constituent ingredients; and ``(hh) material safety data sheets that describe the potential acute health impacts on humans who are involved in application activities and who may reasonably be exposed during such activities; ``(II) in selecting dispersants, other chemicals, and other spill mitigating substances to place on the schedule, the President may place restrictions on the authorized quantities and conditions of use of any such dispersant, other chemical, or other spill mitigating substance; ``(ii) the waters in which such dispersants, other chemicals, and other spill mitigating devices and substances may be used safely; and ``(iii) the quantities of such dispersants, other chemicals, or other spill mitigating devices and substances which can be used safely in such waters, which schedule shall provide in the case of any dispersant, other chemical, other spill mitigating device or substance, or waters not specifically identified in such schedule that the President, or his designee, may, on a case-by-case basis, identify the dispersants, other chemicals, and other spill mitigating devices and substances which may be used, the waters in which they may be used, and the quantities in which they can be used safely in such waters.''. (b) Disclosure of Chemical Constituents.--The President shall not place a dispersant, other chemical, or other spill mitigating substance on the schedule prepared under section 311(d)(2)(G) of such Act (33 U.S.C. 1321(d)(2)(G)) unless the President receives assurances satisfactory to the President that the manufacturer of such dispersant, other chemical, or other spill mitigating substance will publicly disclose, upon a declaration that a discharge is classified as a spill of national significance, the constituent ingredients of such dispersant, other chemical, or other spill mitigating substance that will be used to carry out a National Contingency Plan, Area Contingency Plan, or response plan for a tank vessel, nontank vessel, or facility in response to such discharge. SEC. 7. ENFORCEMENT OF OIL SPILL RESPONSE PLANS FOR OFFSHORE FACILITIES. Section 5(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1334(5)(a)) is amended as follows: (1) In paragraph (7) by striking ``; and'' and inserting a semicolon. (2) In paragraph (8) by striking the period and inserting ``; and''. (3) By adding at the end the following: ``(9) requiring compliance with the response plan requirements of section 311(j) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)).''. | Better Oil Spill Response Plan Act of 2010 - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to require the President, every five years, to publish and provide to each Area Committee an estimate of the worst case discharges that are possible in each area described in an Area Contingency Plan based on the oil and gas exploration, development, and production activities that are planned or being conducted at various locations and depths in each area. Requires the President to revise the National Contingency Plan and the regulations concerning the National Response System to take into account: (1) the adequacy of the Plan to respond to the volume, source, and duration of the discharge caused by the explosion involving the mobile offshore drilling unit Deepwater Horizon; (2) any findings and options related to the Plan made by the National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling; and (3) the estimate of the worst case discharges. Requires the President to revise the Plan whenever the estimate of the worst case discharges materially changes. Requires Area Contingency Plans to be adequate to mitigate or remove (currently, to remove) a worst case discharge. Sets forth provisions concerning revision and presidential review of: (1) Area Contingency Plans; and (2) tank vessel, nontank vessel, and facility response plans to discharges of oil or hazardous substances. Repeals provisions authorizing the President to permit a vessel or facility to operate without an approved response plan if the owner or operator certifies the availability of private personnel and equipment to respond to a worst case discharge or substantial threat of such a discharge. Directs the President to require owners or operators of vessels or facilities that are required to submit response plans to demonstrate annually their capacity to implement such plans. Requires a dispersant schedule prepared under the National Contingency Plan to include specified information regarding the safety and efficacy of the dispersants, other chemicals, and other spill mitigating devices and substances. Prohibits the President from placing such a substance on such schedule unless the President receives satisfactory assurances that the manufacturer will publicly disclose the ingredients of any such substance that will be used to carry out a National Contingency Plan, Area Contingency Plan, or vessel or facility response plan in response to a discharge declared to be a spill of national significance. Amends the Outer Continental Shelf Lands Act to require compliance with the Clean Water Act's response plan requirements. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Smithsonian American Women's History Museum Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Since its founding, the United States has greatly benefitted from the contributions of women. (2) Historical accounts, monuments, memorials, and museums disproportionately represent men's achievements and contributions and often neglect those of women. For example-- (A) a study of 18 American history textbooks concluded that 10 percent of the material documented contributions of women; (B) 9 statues out of 91 in the United States Capitol's National Statuary Hall Collection depict women; and (C) only 1 of the 44 monuments operated by the National Park Service specifically honors the achievements of women after the 2016 designation of the Belmont-Paul Women's Equality National Monument. (3) There exists no national museum in the United States that is devoted to the documentation of women's contributions throughout the Nation's history. (4) On December 19, 2014, Congress created a Congressional Commission to study the potential for an American museum of women's history. The bipartisan Commission unanimously concluded that the United States needs and deserves a physical national museum dedicated to showcasing the historical experiences and impact of women in the United States. (5) Establishing a comprehensive women's history museum representing a diverse range of viewpoints, experience, and backgrounds is necessary to more accurately depict the history of the United States and would add value to the Smithsonian Institution. SEC. 3. ESTABLISHMENT OF MUSEUM. (a) Establishment.--There is established within the Smithsonian Institution a comprehensive American women's history museum, to be named by the Board of Regents in consultation with the council established under section 4. (b) Purpose.--The purpose of the museum established under this section shall be to provide for-- (1) the collection, study, and establishment of programs relating to women's contributions to various fields and throughout different periods of history that have influenced the direction of the United States; (2) collaboration with other Smithsonian Institution museums and facilities, outside museums, and educational institutions; and (3) the creation of exhibitions and programs that recognize diverse perspectives on women's history and contributions. SEC. 4. COUNCIL. (a) Establishment.--There is established within the Smithsonian Institution a council to carry out the duties set forth under subsection (b) and other provisions of this Act (referred to in this Act as the ``council''). (b) Duties.-- (1) In general.--The council shall-- (A) make recommendations to the Board of Regents concerning the planning, design, and construction of the museum established under section 3; (B) advise and assist the Board of Regents on all matters relating to the administration, operation, maintenance, and preservation of the museum; (C) recommend annual operating budgets for the museum to the Board of Regents; (D) report annually to the Board of Regents on the acquisition, disposition, and display of objects relating to women's art, history, and culture; and (E) adopt bylaws for the operation of the council. (2) Principal responsibilities.--The council, subject to the general policies of the Board of Regents, shall have sole authority to-- (A) purchase, accept, borrow, and otherwise acquire artifacts for addition to the collections of the museum; (B) loan, exchange, sell, and otherwise dispose of any part of the collections of the museum, but only if the funds generated by that disposition are used for additions to the collections of the museum; or (C) specify criteria with respect to the use of the collections and resources of the museum, including policies on programming, education, exhibitions, and research with respect to-- (i) the life, art, history, and culture of women; (ii) the role of women in the history of the United States; and (iii) the contributions of women to society. (3) Other responsibilities.--The council, subject to the general policies of the Board of Regents, shall have authority to-- (A) provide for preservation, restoration, and maintenance of the collections of the museum; and (B) solicit, accept, use, and dispose of gifts, bequests, and devises of personal property for the purpose of aiding and facilitating the work of the museum. (c) Composition and Appointment.-- (1) In general.--The council shall be composed of 25 voting members, as provided under paragraph (2). (2) Voting members.--The council shall include the following voting members: (A) The Secretary of the Smithsonian Institution. (B) One member of the Board of Regents, appointed by the Board of Regents. (C) Twenty-three individuals appointed by the Board or Regents. In appointing members under this subparagraph, the Board of Regents should give special consideration to appointing-- (i) members of the Congressional Commission; (ii) board members of the National Women's History Museum, a nonprofit, educational organization described in section 501(c)(3) of the Internal Revenue Code of 1986 that was incorporated in 1996 in the District of Columbia and that is dedicated for the purpose of establishing a women's history museum; and (iii) scholars and representatives of organizations that are committed to the study of women's history. (3) Initial appointments.--The Board of Regents shall make initial appointments to the council under paragraph (2) not later than 180 days after the date of the enactment of this Act. (d) Terms.-- (1) In general.--Except as provided in this subsection, each appointed member of the council shall be appointed for a term of 3 years. (2) Initial appointees.--As designated by the Board of Regents at the time of appointment, of the voting members first appointed under subparagraph (C) of subsection (c)(2)-- (A) 8 members shall be appointed for a term of 1 year; (B) 8 members shall be appointed for a term of 2 years; and (C) 7 members shall be appointed for a term of 3 years. (3) Reappointment.--A member of the council may be reappointed, except that no individual may serve on the council for a total of more than 2 terms. For purposes of this paragraph, the number of terms an individual serves on the council shall not include any portion of a term for which an individual is appointed to fill a vacancy under paragraph (4)(B). (4) Vacancies.-- (A) In general.--A vacancy on the council-- (i) shall not affect the powers of the council; and (ii) shall be filled in the same manner as the original appointment was made. (B) Term.--Any member of the council appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed for the remainder of that term. (e) Compensation.-- (1) In general.--Except as provided in paragraph (2), a member of the council shall serve without pay. (2) Travel expenses.--A member of the council shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the council. (f) Chairperson.--By a majority vote of its voting members, the council shall elect a chairperson from its members. (g) Meetings.-- (1) In general.--The council shall meet at the call of the chairperson or on the written request of a majority of the voting members of the council, but not fewer than twice each year. (2) Initial meetings.--Notwithstanding paragraph (1), during the 1-year period beginning on the date of the first meeting of the council, the council shall meet not fewer than 4 times for the purpose of carrying out the duties of the council under this Act. (h) Quorum.--A majority of the voting members of the council holding office shall constitute a quorum for the purpose of conducting business, but a lesser number may receive information on behalf of the council. SEC. 5. DIRECTOR AND STAFF OF THE MUSEUM. (a) Director.-- (1) In general.--The museum established under section 3 shall have a Director who shall be appointed by the Secretary, taking into consideration individuals recommended by the council. (2) Duties.--The Director shall manage the museum subject to the policies of the Board of Regents. (b) Staff.--The Secretary may appoint 2 additional employees to serve under the Director, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service. (c) Pay.--The Secretary may fix the compensation of the employees appointed by the Secretary under subsection (b) without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates. SEC. 6. EDUCATIONAL AND LIAISON PROGRAMS. (a) Programs Authorized.--The Director of the museum established under section 3 may carry out educational and liaison programs in support of the goals of the museum. (b) Collaboration With Schools.--In carrying out this section, the Director shall carry out educational programs in collaboration with elementary schools, secondary schools, and postsecondary educational institutions. SEC. 7. BUILDING. (a) In General.-- (1) Location.-- (A) In general.--Not later than 180 days after the date of enactment of this Act, the Board of Regents shall designate a site for the museum established under section 3. (B) Sites for consideration.--In designating a site under subparagraph (A), the Board of Regents shall select from among the following sites in the District of Columbia: (i) The site known as the ``South Monument site'', located on the National Mall and bordered by 14th Street Northwest, Jefferson Drive Southwest, Raoul Wallenberg Place Southwest, and Independence Ave Southwest. (ii) The Northwest United States Capitol site, bordered by 3rd Street Northwest, Constitution Avenue Northwest, 1st Street Northwest, and Pennsylvania Ave Northwest. (iii) Any other appropriate location as identified by the Board of Regents in consultation with the council. (C) Availability of site.-- (i) In general.--The sites described in clauses (i) and (ii) of subparagraph (B) shall remain available until the date on which the Board of Regents designates a site for the museum under subparagraph (A). (ii) Transfer to smithsonian institution.-- If the site designated for the museum is in an area that is under the administrative jurisdiction of a Federal agency, as soon as practicable after the date on which the designation is made, the head of the Federal agency shall transfer to the Smithsonian Institution administrative jurisdiction over the area. (D) Factors considered.--In designating a site under subparagraph (A), the Board of Regents shall take into consideration each of the following factors: (i) An estimate of the costs associated with each potential site. (ii) An assessment of the suitability of the space of each potential site, including size, proximity to other buildings and transportation, and other external environmental conditions, as appropriate. (iii) The recommendations of the Congressional Commission. (E) Consultation.--The Board of Regents shall carry out its duties under this paragraph in consultation with each of the following: (i) The Chair of the National Capital Planning Commission. (ii) The Chairperson of the Commission on Fine Arts. (iii) The Chairperson of the Congressional Commission. (iv) The chair and ranking minority member of the Committees on Appropriations and Rules and Administration of the Senate. (v) The chair and ranking minority member of the Committees on Appropriations, House Administration, and Transportation and Infrastructure of the House of Representatives. (b) Construction of Building.--The Board of Regents, in consultation with the council, may plan, design, and construct a building for the museum, which shall be located at the site designated by the Board of Regents under subsection (a). (c) Nonapplicability of Provisions Relating to Monuments and Commemorative Works.--Chapter 89 of title 40, United States Code, shall not apply with respect to the museum. (d) Use of Private Funds for Construction.--The Board of Regents shall construct the building for the museum with funds provided from non-Federal sources. SEC. 8. DEFINITIONS. In this Act: (1) Board of regents.--The term ``Board of Regents'' means the Board of Regents of the Smithsonian Institution. (2) Congressional commission.--The term ``Congressional Commission'' means the Commission to Study the Potential Creation of a National Women's History Museum, established under section 3056 of the Military Construction Authorization Act for Fiscal Year 2015 (Public Law 113-291; 128 Stat. 3810). (3) Secretary.--The term ``Secretary'' means the Secretary of the Smithsonian Institution. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to the Smithsonian Institution to carry out this Act, including the planning, design, and operation of the museum established under section 3, such sums as may be necessary for fiscal year 2018 and each succeeding fiscal year. (b) Availability.--Amounts appropriated pursuant to the authorization under this section shall remain available until expended. (c) Use of Funds for Fundraising.--Amounts appropriated pursuant to the authorization under this section may be used to conduct fundraising in support of the museum established under section 3 from private sources. | Smithsonian American Women's History Museum Act This bill establishes a comprehensive American women's history museum within the Smithsonian Institution in Washington, DC, to provide for: (1) the collection, study, and establishment of programs related to women's contributions that have influenced the direction of the United States; (2) collaboration with other Smithsonian museums and facilities, outside museums, and educational institutions; and (3) the creation of exhibitions and programs that recognize diverse perspectives on women's history and contributions. The bill establishes a council within the Smithsonian Institution to: (1) make recommendations to the Smithsonian's Board of Regents for the construction of the museum; (2) advise and assist the board on the administration and preservation of the museum; (3) recommend annual operating budgets for the museum; and (4) report annually to the board on the acquisition, disposition, and display of objects related to women's art, history, and culture. The council shall have sole authority to: (1) acquire artifacts for the museum's collections, (2) dispose of any part of the collections but only if funds generated are used for additions to the collections, (3) specify criteria for the use of the museum's collections and resources, and (4) preserve and maintain the collections. The museum's director may carry out educational and liaison programs in support of its goals. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Flood Mitigation Expense Relief Act of 2013''. SEC. 2. CREDIT FOR CERTAIN QUALIFIED FLOOD MITIGATION EXPENSES. (a) In General.--Subpart B 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. 30E. QUALIFIED FLOOD MITIGATION EXPENSES. ``(a) In General.--In the case of a qualified taxpayer, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the qualified flood mitigation expenses paid or incurred by the taxpayer for the taxable year. ``(b) Limitations.--The amount allowed as a credit under subsection (a) for a taxable year shall not exceed $5,000. ``(c) Qualified Taxpayer.-- ``(1) In general.--For purposes of this section, the term `qualified taxpayer' means taxpayer who-- ``(A) is the holder of a policy for flood insurance coverage under the national flood insurance program under the National Flood Insurance Act of 1968 (42 U.S.C. 4011 et seq.), and ``(B) owns property-- ``(i) which is covered by such policy for flood insurance coverage under which the chargeable premium rate as of the date of the enactment of the Biggert-Waters Flood Insurance Reform Act of 2012 (title II of division F of Public Law 112-141) is less than the applicable estimated risk premium rate under section 1307(a)(1) of the National Flood Insurance Act of 1968 (42 U.S.C. 4014(a)(1)) for the area (or subdivision thereof) in which the property is located, ``(ii) for which such chargeable premium rate was increased or will increase, as a result of any provision of the Biggert-Waters Flood Insurance Reform Act of 2012, to the applicable estimated risk premium rate under such section 1307(a)(1) for such area (or subdivision), and ``(iii) which-- ``(I) has an elevation lower than the base flood elevation, as determined by the applicable flood insurance rate map, or ``(II) is located in an area that, after the date of the enactment of the Biggert-Waters Flood Insurance Reform Act of 2012, has been designated as having a higher flood risk than the flood risk designated for the area as of such date of enactment. ``(2) Business employers must be small.-- ``(A) In general.--In the case of a taxpayer which is a trade or business, for purposes of this section the term `qualified taxpayer' shall not include any taxpayer which employed an average of more than 50 employees on business days during such taxable year. ``(B) Controlled groups.--For purposes of subparagraph (A), all persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414 shall be treated as a single employer. ``(d) Qualified Flood Mitigation Expenses.--The term `qualified flood mitigation expenses' shall have the meaning given such term by the Administrator of the Federal Emergency Management Agency. ``(e) Partnership, S Corporations, and Other Pass-Thru Entities.-- In the case of a partnership, trust, S corporation, or other pass-thru entity, the credit and limitations contained in this section shall be determined at the entity level. ``(f) Application With Other Credits.-- ``(1) Business credit treated as part of general business credit.--So much of the credit which would be allowed under subsection (a) for any taxable year (determined without regard to this subsection) that is determined with respect to property of a character subject to an allowance for depreciation shall be treated as a credit listed in section 38(b) for such taxable year (and not allowed under subsection (a)). ``(2) Personal credit.--For purposes of this title, the credit allowed under subsection (a) for any taxable year (determined after application of paragraph (1)) shall be treated as a credit allowable under subpart C for such taxable year. ``(g) Termination.--Subsection (a) shall not apply to any amount paid or incurred after December 31, 2022.''. (b) Conforming Amendments.-- (1) 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 section (36) and inserting ``, plus'', and by inserting after paragraph (36) the following new paragraph: ``(37) the portion of the credit for qualified flood mitigation expenses to which section 30E(f)(1) applies.''. (2) Section 1324(b)(2) of title 31, United States Code, is amended by inserting ``30E(f)(2),'' after ``25A,''. (3) The table of sections for subpart B 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. 30E. Qualified flood mitigation expenses.''. (c) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after December 31, 2012. SEC. 3. INCREASED FUNDING FOR MITIGATION PROGRAMS. (a) Authorization of Appropriations.--There are authorized to be appropriated to the Administrator of the Federal Emergency Management Agency-- (1) $100,000,000 for carrying out the predisaster hazard mitigation program authorized by section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133); and (2) $100,000,000 for carrying out the flood mitigation assistance program authorized by section 1366 of the National Flood Insurance Act of 1969 (42 U.S.C. 4104c), which shall remain available until expended. (b) Use of Funds.--In carrying out the programs specified in subsection (a) using the amounts made available to the Administrator under this section, the Administrator shall ensure that such amounts are used as follows: (1) Activities.--Such amounts may be used only for-- (A) mitigation activities under such programs for properties eligible pursuant to paragraph (2); and (B) acquisition by States and communities of properties eligible pursuant to paragraph (2). (2) Properties.--Such amounts may be used only with respect to properties that-- (A) are located in an area for which revised flood insurance rate maps under the national flood insurance program take effect after the date of the enactment of the Biggert-Waters Flood Insurance Reform Act of 2012 (subtitle A of title II of division F of Public Law 112-141; 126 Stat. 916); and (B)(i) have an elevation that is lower than the base flood elevation for the area in which the property is located, as determined by the applicable such flood insurance rate map; or (ii) are located in an area that, after the date of the enactment of the Biggert-Waters Flood Insurance Reform Act of 2012, has been designated as having a higher flood risk than the flood risk designated for the area as of such date of enactment. SEC. 4. REPEAL OF ENERGY STAR PROGRAM. The Energy Star program of the United States Department of Energy and the United States Environmental Protection Agency is hereby terminated and any appropriation or amount otherwise made available for such program which is not obligated or expended as of the date of the enactment of this Act is hereby rescinded. | Flood Mitigation Expense Relief Act of 2013 - Amends the Internal Revenue Code to allow qualified taxpayers a tax credit, up to $5,000 in a taxable year, for flood mitigation expenses. Defines "qualified taxpayer" as: (1) a taxpayer who is the holder of a flood insurance policy under the National Flood Insurance Act of 1968 and who owns insured property for which the chargeable premium rate under such policy was increased or will increase and which has an elevation lower than the base flood elevation or is located in an area designated as having a higher flood risk, and (2) a small business with 50 or fewer employees. Terminates such credit after 2022. Authorizes appropriations to the Administrator of the Federal Emergency Management Agency (FEMA) to carry out: (1) the predisaster hazard mitigation program authorized by the Robert T. Stafford Disaster Relief and Emergency Assistance Act, and (2) the flood mitigation assistance program authorized by the National Flood Insurance Act of 1969. Specifies that such funds may be used only for mitigation activities and acquisition by states and communities of properties located in higher flood risk areas. Terminates the Energy Star program of the Department of Energy (DOE) and the Environmental Protection Agency (EPA) and rescinds any amounts not obligated or expended for such program. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Liberian Peace and Democracy Act''. SEC. 2. FINDINGS AND STATEMENT OF POLICY. (a) Findings.--The Congress of the United States makes the following findings: (1) An estimated 150,000 people have died from war-related causes in the Liberian civil war begun in 1989, while an estimated 1,000,000 Liberians have been forced to flee to neighboring countries and many others displaced internally. (2) War crimes have been committed by all factions, including rape, torture, summary executions of innocent civilians, ritual murder, and cannibalism, with the goal of terrorizing the Liberian civilian population. (3) The Abuja Accord signed by Liberia's warring factions in August 1995 led to the creation of a Transitional Government after several years of fighting and political instability in Liberia. (4) The peace process has been derailed and the transitional arrangement disrupted when factional fighting erupted once again in the Liberian capital, Monrovia, in early April 1996. (5) The Economic Community Monitoring Group (ECOMOG), a West African peacekeeping force, originally intervened in August 1990 to stabilize the situation in Liberia. (6) ECOMOG forces have provided relative peace and stability intermittently to the capital, Monrovia, despite financial and logistical difficulties in a very hostile peacekeeping environment. (7) The United States Government has provided an estimated $5,000,000 in support of the ECOMOG's peacekeeping efforts over the past several years, $15 of which arrived in early February and has made commitments for additional $30,000,000. (8) The United States has provided over $100,000,000 in humanitarian and development assistance to Liberia since 1994. (9) The factional fighting that again erupted in the capital of Liberia in April 1996, has forced thousands to flee the capital to neighboring countries. (10) ECOMOG's failure to contain the April violence has been widely criticized by the international community, including the United States. (11) The United States evacuated an estimated 2,300 American and foreign nationals to neighboring countries during April's factional fighting in the Liberian capital. (12) United States troops entered Liberia on April 11, 1996, equipped for combat for the purpose of evacuating American citizens and to protect American embassy personnel and property. (13) An estimated 2,500 American troops are currently deployed in and near Liberia. (14) The governments of Cote d'Ivore, Burkina Faso, and Guinea have contributed to the political instability and violence in Liberia by providing financial, political, and material support to the Liberian factions since the war erupted in 1989. (15) The behavior of the above mentioned governments has directly contributed to the death, torture, and displacement of hundreds of thousands of innocent civilians. (16) The governments of the above mentioned countries have ignored pleas from the international community and the United States to cease their destructive activities. (17) The war crimes committed by all factions in Liberia are of such an egregious nature as to warrant total and complete isolation of those responsible for these crimes. (18) The United States and the international community should bring those responsible for war crimes to justice and prevent these individuals and their associates from holding positions of responsibility in government. (b) Statement of Policy.--It shall be the policy of the United States to help bring about lasting peace and stability in Liberia and to work toward establishing a just and democratic society. SEC. 3 REMOVING OBSTACLES TO PEACE AND STABILITY. (a) Policy Statement.--The governments of Cote d'Ivore, Burkina Faso, and Guinea have contributed to the continuing violence in Liberia by providing financial, political, and other types of assistance to Liberia's factions since the civil war erupted in 1989. (b) Authorization.--Not later than 45 days after the date of the enactment of this Act, the President shall take the following measures against Cote d'Ivore, Burkina Faso, and Guinea: (1) Visa restrictions.--The Secretary of State shall deny a visa to, and the Attorney General shall exclude from the United States, any alien who the Secretary of State determines is a senior official, or a spouse, minor child, or agent of a senior official of such countries. (2) Denial of loans.--The President shall instruct the United States executive directors of international financial institutions to vote against any loans or grants for such countries. (3) Prohibition.--The President shall prohibit exporting or otherwise providing (by sale, lease or loan, grant, or other means), directly or indirectly, any defense articles or services, or licensing of defense articles or services under the Arms Export Control Act to such countries. (c) Waiver.--The President may waive any of the above mentioned measures if the President certifies to Congress that Cote d'Ivore, Burkina Faso, and Guinea have halted their assistance to Liberian factions, or upon an explicit finding that such measures would not be in the national interest of the United States. (d) Reporting Requirement.--Not later than 90 days after the date of the enactment of this Act, the President shall submit a report to the appropriate congressional committees detailing the activities of the governments of Cote d'Ivore, Burkina Faso, and Guinea and the status of the Liberian civil war. SEC. 4. ENDING THE CIVIL WAR AND BRINGING WAR CRIMINALS TO JUSTICE. (a) Policy Statement.--It is the policy of the United States to help bring lasting peace to Liberia by-- (1) continuing financial, logistical, and technical support for peacekeeping purposes; (2) continuing humanitarian and development assistance through private and indigenous groups; (3) encouraging regional actors to become more actively engaged in Liberia to bring lasting peace; and (4) identifying and providing material assistance to groups in Liberia which are genuinely committed to restoring governance and effective rule of law. (b) Authority.--The President should use any measures necessary to bring to justice Liberian war criminals and their associates. (c) Request for Investigation.--The President should request the United Nations Security Council to investigate war crimes committed by any Liberian faction leaders (and their associates) who may be responsible for the eruption of violence and the continuation of the civil war. (d) Enforcement of United States Laws.--The President shall instruct all United States Government officials who engage in official contracts with the governments of Cote d'Ivore, Burkina Faso, or Guinea, to raise on a regular basis the extradition of or rendering to the United States all persons residing in such countries who are sought by the United States Department of Justice for crimes committed in the United States. (e) Blocking of Assets.--The President shall block all transactions in the United States of persons suspected to have committed war crimes in Cote d'Ivore, Burkina Faso, and Guinea. The President shall seek the cooperation of other countries in blocking the assets of such individuals. SEC. 5 SENSE OF THE CONGRESS LAYING THE FOUNDATION FOR A DEMOCRATIC LIBERIA. It is the sense of the Congress that-- (1) The scheduled upcoming elections in Liberia should be postponed until demobilization disarmament of all faction leaders has occurred and a commitment to work with the democratic process. (2) The faction leaders should recommit themselves to the Abuja Accords. (3) The elections should be free and fair without violence and interference and intimidation. (4) The United States should provide technical assistance to Liberia in the areas of good governance, formation of a broad-based civilian led transitional government. (5) The international community should assist and aid Liberia to effectuate democratic reforms and institute elections at the appropriate time. | Liberian Peace and Democracy Act - Declares that the governments of Cote d'Ivoire, Burkina Faso, and Guinea have, through the provision of assistance to Liberian factions, contributed to the violence in Liberia since the civil war erupted there in 1989. Imposes certain visa, economic, and defense export sanctions against such countries. Authorizes the President to waive such sanctions if such countries halt their assistance to Liberian factions, or such measures would not be in the U.S. national interest. Urges the President to take certain measures to bring Liberian war criminals to justice. Directs the President to instruct all U.S. Government officials engaged in official contacts with the governments of Cote d'Ivoire, Burkina Faso, and Guinea to raise on a regular basis the issue of extraditing to the United States all persons in such countries sought by the Department of Justice for crimes committed in the United States. Expresses the sense of the Congress with respect to the institution of democracy in Liberia. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``International Renewable Energy Agency (IRENA) Act of 2008''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Renewable energy technology will be critical for the United States and the world in overcoming dependence on oil and reducing levels of dangerous global warming pollution. (2) The institutional support for renewable energy technology needs to be strengthened to match this growing level of importance to the United States and the world. (3) International agencies have been formed on two occasions to address the unique problems and geopolitical dynamics associated with different energy sources: the International Atomic Energy Agency (IAEA) and the International Energy Agency (IEA). (4) The IAEA, formed in 1957, represents the culmination of President Eisenhower's ``Atoms for Peace'' proposal, emphasizing safe, secure, and peaceful use of nuclear technologies. Under the guidance and oversight of the IAEA, nuclear power has grown from supplying almost none of the world's electricity at the IAEA's founding to nearly 16 percent in 2004. (5) The IEA, formed during the 1973-74 Arab oil embargo, enhances energy security among oil consuming countries through an oil reserve and sharing program triggered in the event of an actual or potentially severe oil supply disruption. With IEA helping to counterbalance the Organization of Petroleum Exporting Countries, global oil consumption has surged 47 percent over IEA's lifetime. (6) Renewable generating capacity grew 26 gigawatts in 2005, expanding worldwide nonhydro renewable capacity to over 182 gigawatts. However, nearly two-thirds of this capacity lies in just six countries. Meeting the world's energy demands in the coming century while simultaneously reducing heat-trapping emissions and growing the global economy will require actions across nations to reform policy, expand markets for renewable energy technologies, and gather and disseminate information and best practices regarding renewable energy resources, and appropriate technologies. (7) From 1970 to 2005, the direct cost to the United States of dependence on foreign oil was $7,000,000,000,000 (in constant 2000 dollars). (8) Oil dependence harms the economy and consumers, entangles the military in foreign conflicts, and endangers public health and the environment through the threat of global warming. (9) Significant public health, national security, and environmental costs are associated with the emission of greenhouse gases from the burning of fossil fuels. In the United States and many other countries, these costs are not currently paid by the polluters--a failure of competitive markets which leads to the overuse of carbon-emitting energy and the under-production of carbon-free energy. (10) Annual revenue of solar, wind, and biofuel energy companies increased to $55,000,000,000 in 2006, a 39 percent increase over 2005. Venture capital directed towards energy technology has grown from less than $50,000,000 a year in 1996 to over $2,400,000,000 in 2006, representing nearly 10 percent of total venture capital investment in the United States. (11) In the United States alone, over a billion tons of greenhouse gas emissions could be eliminated each year at a profit through energy efficiency measures by 2030, avoiding the construction of hundreds of power plants. (12) Renewable energy tends to have higher construction and maintenance costs and low or zero fuel costs, while fossil energy has an opposite cost structure. This results in a higher number of jobs per unit of energy generated from renewable energy than conventional fossil fuels. The construction, manufacturing, installation, operation and maintenance jobs produced by a megawatt of photovoltaic solar, for example, is 7 to 11 times greater than the jobs generated by an equivalent amount of coal or gas generated electricity. (13) The Intergovernmental Panel on Climate Change has stated that to stabilize greenhouse gases at CO<INF>2</INF> equivalent concentrations of roughly 450-500 parts per million--where global temperature rise could be limited to 3.6- 4.3F and sea-level rise due to thermal expansion limited to 4.6 feet--global emissions would need to peak by 2015 and decline to as little as 15 percent of 2000 levels by the year 2050. (14) In 2004, carbon dioxide emissions from Organization for Economic Co-operation and Development (OECD) countries were surpassed for the first time by emissions from non-OECD countries. Carbon dioxide emissions from developing countries are projected to account for over 75 percent of global emissions growth by 2030. Encouraging growth of renewable energy in developing countries reduces the extent and likelihood that these economies will follow a carbon-intensive, fossil energy development path. (15) At least $20,000,000,000,000 of investment in energy generation and infrastructure will be needed worldwide in order to meet the world's energy needs in 2030 (in constant 2005 dollars). Energy generation and infrastructure typically turns over every 40 years, making near-term energy investment decisions instrumental in determining future emissions of greenhouse gases. SEC. 3. ESTABLISHMENT OF AN INTERNATIONAL RENEWABLE ENERGY AGENCY. (a) Establishment.--The President, acting through the Secretary of State and in coordination with the Secretary of Energy, shall immediately seek to establish an international renewable energy agency to be known as the International Renewable Energy Agency (IRENA). In addition, the President shall direct the United States Permanent Representative to the United Nations to use the voice and vote of the United States to seek to establish such an international renewable energy agency. (b) Duties.--The agency described in paragraph (1) should-- (1) support governments in establishing policies and programs that promote renewable energy and energy efficiency measures; (2) assist in conducting country studies that analyze the potential of renewable energy; (3) provide a global status report for renewable energy and review progress on the implementation of renewable energy programs and projects; (4) provide long-term projections and scenarios in order to identify market potential, barriers to deployment, and failures in markets and policies, as well as plan for future demand for renewable energy; (5) organize training programs, information campaigns, and courses relating to renewable energy for civil servants, scientists, businesses, and nongovernment organizations; (6) assist in developing and supplying curriculum relating to renewable energy for schools and universities, including post-graduate education programs; (7) cooperate with financing institutions to develop and support innovative financing mechanisms to promote renewable energy and energy efficiency measures; (8) facilitate the transfer of knowledge and best practices gained from successful renewable energy programs to interested member parties; (9) develop common, nondiscriminatory international norms and quality standards including certification relating to renewable energy; and (10) draft and disseminate statistics, technology information, reports on project implementation, and progress of legislation and policy programs relating to renewable energy. (c) Membership.--The President shall seek to include in the membership of the agency described in paragraph (1) interested member states of the United Nations. SEC. 4. REPORT. Not later than 1 year after the date of the enactment of this Act, the President shall transmit to Congress a report on the implementation of this Act. SEC. 5. DEFINITIONS. In this Act: (1) Energy efficiency measure.--The term ``energy efficiency measure'' means an improvement in process or technology that-- (A) reduces energy inputs for an identical level of service; or (B) increases or enhances services for an identical amount of energy inputs. (2) Greenhouse gas.--The term ``greenhouse gas'' means-- (A) carbon dioxide; (B) methane; (C) nitrous oxide; (D) hydrofluorocarbons; (E) perfluorocarbons; or (F) sulfur hexafluoride. (3) Renewable energy.--The term ``renewable energy'' means an energy supply based on-- (A) solar radiation, (B) solar heat, (C) wind power, (D) tidal or wave power, (E) biomass, (F) geothermal energy, (G) small hydropower, or (H) large hydropower, if the energy supply is operated in accordance with the recommendations of the United Nations Dams and Development Project. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. To carry out this Act, there is authorized to be appropriated to the President $1,500,000 for fiscal year 2008. | International Renewable Energy Agency (IRENA) Act of 2008 - Requires the President: (1) acting through the Secretary of State and in coordination with the Secretary of Energy, to seek to establish an International Renewable Energy Agency; and (2) to direct the United States Permanent Representative to the United Nations to use the voice and vote of the United States to seek to establish such an agency. Provides that such agency should: (1) support governments in establishing policies and programs that promote renewable energy and energy efficiency measures; (2) assist in conducting country studies of the potential of renewable energy; (3) provide a global status report for renewable energy; (4) provide long-term projections and scenarios to identify market potential, barriers to deployment, and failures in markets and policies, as well as plan for future demand for renewable energy; (5) organize training programs, information campaigns, and courses relating to renewable energy for civil servants, scientists, businesses, and nongovernment organizations; (6) assist in developing and supplying curricula relating to renewable energy for schools and universities; (7) cooperate with financing institutions to develop and support innovative financing mechanisms to promote renewable energy and energy efficiency measures; (8) facilitate the transfer of knowledge and best practices gained from successful renewable energy programs; (9) develop common, nondiscriminatory international norms and quality standards including certification relating to renewable energy; and (10) draft and disseminate statistics, technology information, reports on project implementation, and progress of legislation and policy programs relating to renewable energy. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Benefits Protection Act of 2000''. SEC. 2. ENTITLEMENT TO BENEFITS FOR MONTH OF BENEFICIARY'S DEATH. (a) Old-Age Insurance Benefits.--Section 202(a)(3) of the Social Security Act (42 U.S.C. 402(a)(3)) is amended by striking ``the month preceding'' in the matter following subparagraph (B). (b) Wife's Insurance Benefits.-- (1) In general.--Section 202(b)(1) of such Act (42 U.S.C. 402(b)(1)) is amended-- (A) by striking ``and ending with the month'' in the matter immediately following clause (ii) and inserting ``and ending with the month in which she dies or (if earlier) with the month''; (B) by striking subparagraph (E); and (C) by redesignating subparagraphs (F) through (K) as subparagraphs (E) through (J), respectively. (2) Conforming amendment.--Section 202(b)(5)(B) of the Social Security Act (42 U.S.C. 402(b)(5)(B)) is amended by striking ``(E), (F), (H), or (J)'' and inserting ``(E), (G), or (I)''. (c) Husband's Insurance Benefits.-- (1) In general.--Section 202(c)(1) of the Social Security Act (42 U.S.C. 402(c)(1)) is amended-- (A) by striking ``and ending with the month'' in the matter immediately following clause (ii) and inserting ``and ending with the month in which he dies or (if earlier) with the month''; (B) by striking subparagraph (E); and (C) by redesignating subparagraphs (F) through (K) as subparagraphs (E) through (J), respectively. (2) Conforming amendment.--Section 202(c)(5)(B) of the Social Security Act (42 U.S.C. 402(c)(5)(B)) is amended by striking ``(E), (F), (H), or (J)'' and inserting ``(E), (G), or (I)''. (d) Child's Insurance Benefits.--Section 202(d)(1) of the Social Security Act (42 U.S.C. 402(d)(1)) is amended-- (1) by striking ``and ending with the month'' in the matter immediately preceding subparagraph (D) and inserting ``and ending with the month in which such child dies or (if earlier) with the month''; and (2) by striking ``dies, or'' in subparagraph (D). (e) Widow's Insurance Benefits.--Section 202(e)(1) of the Social Security Act (42 U.S.C. 402(e)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: she remarries, dies,'' in the matter following subparagraph (F) and inserting ``ending with the month in which she dies or (if earlier) with the month preceding the first month in which any of the following occurs: she remarries, or''. (f) Widower's Insurance Benefits.--Section 202(f)(1) of the Social Security Act (42 U.S.C. 402(f)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: he remarries, dies,'' in the matter following subparagraph (F) and inserting ``ending with the month in which he dies or (if earlier) with the month preceding the first month in which any of the following occurs: he remarries,''. (g) Mother's and Father's Insurance Benefits.--Section 202(g)(1) of the Social Security Act (42 U.S.C. 402(g)(1)) is amended, in the matter following subparagraph (F)-- (1) by inserting ``with the month in which he or she dies or (if earlier)'' after ``and ending''; and (2) by striking ``he or she remarries, or he or she dies'' and inserting ``or he or she remarries''. (h) Parent's Insurance Benefits.--Section 202(h)(1) of the Social Security Act (42 U.S.C. 402(h)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: such parent dies, marries,'' in the matter following subparagraph (E) and inserting ``ending with the month in which such parent dies or (if earlier) with the month preceding the first month in which any of the following occurs: such parent marries,''. (i) Disability Insurance Benefits.--Section 223(a)(1) of the Social Security Act (42 U.S.C. 423(a)(1)) is amended by striking ``ending with the month preceding whichever of the following months is the earliest: the month in which he dies,'' in the matter following subparagraph (D) and inserting the following: ``ending with the month in which he dies or (if earlier) with whichever of the following months is the earliest:''. (j) Benefits at Age 72 for Certain Uninsured Individuals.--Section 228(a) of the Social Security Act (42 U.S.C. 428(a)) is amended by striking ``the month preceding'' in the matter following paragraph (4). (k) Exemption From Maximum Benefit Cap.--Section 203 of the Social Security Act (42 U.S.C. 403) is amended by adding at the end the following: ``Exemption From Maximum Benefit Cap ``(m) Notwithstanding any other provision of this section, the application of this section shall be made without regard to monthly benefits received under section 202, 223, or 228 for the month referred to in section 202(z), 223(j), or 228(i), respectively.''. SEC. 3. LIMITATION ON PAYMENT OF LAST MONTHLY PAYMENT. (a) Old-Age and Survivors Insurance Benefits.--Section 202 of the Social Security Act (42 U.S.C. 402) is amended by adding at the end the following: ``Last Payment of Monthly Insurance Benefit Terminated by Death ``(z)(1) Notwithstanding the preceding provisions of this section, an individual's monthly insurance benefit under this section otherwise payable for the month in which the individual dies shall be payable only if such individual's date of death occurs after the first 15 days of such month. ``(2) Any benefit payment under this section for the month referred to in paragraph (1) shall be made in accordance with section 204(d).''. (b) Disability Insurance Benefits.--Section 223 of the Social Security Act (42 U.S.C. 423) is amended by adding at the end the following: ``Last Payment of Benefit Terminated by Death ``(j)(1) Notwithstanding the preceding provisions of this section, an individual's monthly insurance benefit under this section otherwise payable for the month in which the individual dies shall be payable only if such individual's date of death occurs after the first 15 days of such month. ``(2) Any benefit payment under this section for the month referred to in paragraph (1) shall be made in accordance with section 204(d).''. (c) Benefits at Age 72 for Certain Uninsured Individuals.--Section 228 of the Social Security Act (42 U.S.C. 428) is amended by adding at the end the following: ``Last Payment of Benefit Terminated by Death ``(i)(1) Notwithstanding the preceding provisions of this section, an individual's monthly insurance benefit under this section otherwise payable for the month in which the individual dies shall be payable only if such individual's date of death occurs after the first 15 days of such month. ``(2) Any benefit payment under this section for the month referred to in paragraph (1) shall be made in accordance with section 204(d).''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to deaths occurring after the month in which this Act is enacted. | Disregards monthly benefits received for the month in which the individual dies for purposes of maximum benefit provisions. Provides that the monthly benefit otherwise payable for the month in which the individual dies shall be payable only if the date of death occurs after the first 15 days of the month. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Haskell Indian Nations University and Southwestern Indian Polytechnic Institute Administrative Systems Act of 1998''. SEC. 2. FINDINGS. The Congress finds that-- (1) the provision of culturally sensitive curricula for higher education programs at Haskell Indian Nations University and the Southwestern Indian Polytechnic Institute is consistent with the commitment of the Federal Government to the fulfillment of treaty obligations to Indian tribes through the principle of self- determination and the use of Federal resources; and (2) giving a greater degree of autonomy to those institutions, while maintaining them as an integral part of the Bureau of Indian Affairs, will facilitate-- (A) the transition of Haskell Indian Nations University to a 4-year university; and (B) the administration and improvement of the academic program of the Southwestern Indian Polytechnic Institute. SEC. 3. DEFINITIONS; APPLICABILITY. (a) Definitions.--For purposes of this Act: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (2) Employee.--The term ``employee'', with respect to an institution named in subsection (b), means an individual employed in or under such institution. (3) Eligible.--The term ``eligible'' means an individual who has qualified for appointment in the institution involved and whose name has been entered on the appropriate register or list of eligibles. (4) Demonstration project.--The term ``demonstration project'' means a project conducted by or under the supervision of an institution named in subsection (b) to determine whether specified changes in personnel management policies or procedures would result in improved personnel management. (b) Applicability.--This Act applies to-- (1) Haskell Indian Nations University, located in Lawrence, Kansas; and (2) Southwestern Indian Polytechnic Institute, located in Albuquerque, New Mexico. SEC. 4. AUTHORITY. (a) In General.--Each institution named in section 3(b) may conduct a demonstration project in accordance with the provisions of this Act. The conducting of any such demonstration project shall not be limited by any lack of specific authority under title 5, United States Code, to take the action contemplated, or by any provision of such title or any rule or regulation prescribed under such title which is inconsistent with the action, including any provision of law, rule, or regulation relating to-- (1) the methods of establishing qualification requirements for, recruitment for, and appointment to positions; (2) the methods of classifying positions and compensating employees; (3) the methods of assigning, reassigning, or promoting employees; (4) the methods of disciplining employees; (5) the methods of providing incentives to employees, including the provision of group or individual incentive bonuses or pay; (6) the hours of work per day or per week; (7) the methods of involving employees, labor organizations, and employee organizations in personnel decisions; and (8) the methods of reducing overall staff and grade levels. (b) Consultation and Other Requirements.--Before commencing a demonstration project under this Act, the president of the institution involved shall-- (1) in consultation with the board of regents of the institution and such other persons or representative bodies as the president considers appropriate, develop a plan for such project which identifies-- (A) the purposes of the project; (B) the types of employees or eligibles to be included (categorized by occupational series, grade, or organizational unit); (C) the number of employees or eligibles to be included (in the aggregate and by category); (D) the methodology; (E) the duration; (F) the training to be provided; (G) the anticipated costs; (H) the methodology and criteria for evaluation, consistent with subsection (f); (I) a specific description of any aspect of the project for which there is a lack of specific authority; and (J) a specific citation to any provision of law, rule, or regulation which, if not waived, would prohibit the conducting of the project, or any part of the project as proposed; (2) publish the plan in the Federal Register; (3) submit the plan so published to public hearing; (4) at least 180 days before the date on which the proposed project is to commence, provide notification of such project to-- (A) employees likely to be affected by the project; and (B) each House of Congress; (5) at least 90 days before the date on which the proposed project is to commence, provide each House of Congress with a report setting forth the final version of the plan; and (6) at least 60 days before the date on which the proposed project is to commence, inform all employees as to the final version of the plan, including all information relevant to the making of an election under subsection (h)(2)(A). (c) Limitations.--No demonstration project under this Act may-- (1) provide for a waiver of-- (A) any provision of law, rule, or regulation providing for-- (i) equal employment opportunity; (ii) Indian preference; or (iii) veterans' preference; (B) any provision of chapter 23 of title 5, United States Code, or any other provision of such title relating to merit system principles or prohibited personnel practices, or any rule or regulation prescribed under authority of any such provision; or (C) any provision of subchapter II or III of chapter 73 of title 5, United States Code, or any rule or regulation prescribed under authority of any such provision; (2) impose any duty to engage in collective bargaining with respect to-- (A) classification of positions; or (B) pay, benefits, or any other form of compensation; or (3) provide that any employee be required to pay dues or fees of any kind to a labor organization as a condition of employment. (d) Commencement and Termination Dates.--Each demonstration project under this Act-- (1) shall commence within 2 years after the date of enactment of this Act; and (2) shall terminate by the end of the 5-year period beginning on the date on which such project commences, except that the project may continue beyond the end of such 5-year period-- (A) to the extent necessary to validate the results of the project; and (B) to the extent provided for under subsection (h)(2)(B). (e) Discretionary Authority To Terminate.--A demonstration project under this Act may be terminated by the Secretary or the president of the institution involved if either determines that the project creates a substantial hardship on, or is not in the best interests of, the institution and its educational goals. (f) Evaluation.-- (1) In general.--The Secretary shall provide for an evaluation of the results of each demonstration project under this Act and its impact on improving public management. (2) Information.--Upon request of the Secretary, an institution named in section 3(b) shall cooperate with and assist the Secretary, to the extent practicable, in any evaluation undertaken under this subsection and provide the Secretary with requested information and reports relating to the conducting of its demonstration project. (g) Role of the Office of Personnel Management.--Upon request of the Secretary or the president of an institution named in section 3(b), the Office of Personnel Management shall furnish information or technical advice on the design, operation, or evaluation, or any other aspect of a demonstration project under this Act. (h) Applicability.-- (1) In general.--Except as otherwise provided in this subsection, all applicants for employment with, all eligibles and employees of, and all positions in or under an institution named in section 3(b) shall be subject to inclusion in a demonstration project under this Act. (2) Provisions relating to certain benefits.-- (A) Option for certain individuals to remain under current law governing certain benefits.-- (i) Eligible individuals.--This subparagraph applies in the case of any individual who, as of the day before the date on which a demonstration project under this Act is to commence at an institution-- (I) is an employee of such institution; and (II) if benefits under subchapter III of chapter 83 or chapter 84 of title 5, United States Code, are to be affected, has completed at least 1 year of Government service (whether with such institution or otherwise), but taking into account only civilian service creditable under subchapter III of chapter 83 or chapter 84 of such title. (ii) Option.--If a demonstration project is to include changes to any benefits under subpart G of part III of title 5, United States Code, an employee described in clause (i) shall be afforded an election not to become subject to such demonstration project, to the extent those benefits are involved (and to instead remain subject to the provisions of such subpart G as if this Act had not been enacted). (B) Continuation of certain alternative benefit systems after demonstration project terminates for persons becoming subject thereto under the project.--Notwithstanding any other provision of this Act, the termination of a demonstration project shall not, in the case of any employee who becomes subject to a system of alternative benefits under this Act (in lieu ofbenefits that would otherwise be determined under subpart G of part III of title 5, United States Code), have the effect of terminating-- (i) any rights accrued by that individual under the system of alternative benefits involved; or (ii) the system under which those alternative benefits are afforded, to the extent continuation of such system beyond the termination date is provided for under the terms of the demonstration project (as in effect on the termination date). (3) Transition provisions.-- (A) Retention of annual and sick leave accrued before becoming subject to demonstration project.--Any individual becoming subject to a demonstration project under this Act shall, in a manner consistent with the requirements of section 6308 of title 5, United States Code, be credited with any annual leave and any sick leave standing to such individual's credit immediately before becoming subject to the project. (B) Provisions relating to credit for leave upon separating while the demonstration project is still ongoing.--Any demonstration project under this Act shall include provisions consistent with the following: (i) Lump-sum credit for annual leave.--In the case of any individual who, at the time of becoming subject to the demonstration project, has any leave for which a lump-sum payment might be paid under subchapter VI of chapter 55 of title 5, United States Code, such individual shall, if such individual separates from service (in the circumstances described in section 5551 or 5552 of such title 5, as applicable) while the demonstration project is still ongoing, be entitled to a lump-sum payment under such section 5551 or 5552 (as applicable) based on the amount of leave standing to such individual's credit at the time such individual became subject to the demonstration project or the amount of leave standing to such individual's credit at the time of separation, whichever is less. (ii) Retirement credit for sick leave.--In the case of any individual who, at the time of becoming subject to the demonstration project, has any sick leave which would be creditable under section 8339(m) of title 5, United States Code (had such individual then separated from service), any sick leave standing to such individual's credit at the time of separation shall, if separation occurs while the demonstration project is still ongoing, be so creditable, but only to the extent that it does not exceed the amount of creditable sick leave that stood to such individual's credit at the time such individual became subject to the demonstration project. (C) Transfer of leave remaining upon transfer to another agency.--In the case of any employee who becomes subject to the demonstration project and is subsequently transferred or otherwise appointed (without a break in service of 3 days or longer) to another position in the Federal Government or the government of the District of Columbia under a different leave system (whether while the project is still ongoing or otherwise), any leave remaining to the credit of that individual which was earned or credited under the demonstration project shall be transferred to such individual's credit in the new employing agency on an adjusted basis under regulations prescribed under section 6308 of title 5, United States Code. Any such regulations shall be prescribed taking into account the provisions of subparagraph (B). (D) Collective-bargaining agreements.--Any collective- bargaining agreement in effect on the day before a demonstration project under this Act commences shall continue to be recognized by the institution involved until the earlier of-- (i) the date occurring 3 years after the commencement date of the project; (ii) the date as of which the agreement is scheduled to expire (disregarding any option to renew); or (iii) such date as may be determined by mutual agreement of the parties. SEC. 5. DELEGATION OF PROCUREMENT AUTHORITY. The Secretary shall, to the maximum extent consistent with applicable law and subject to the availability of appropriations therefor, delegate to the presidents of the respective institutions named in section 3(b) procurement and contracting authority with respect to the conduct of the administrative functions of such institution. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated, for fiscal year 1999, and each fiscal year thereafter, to each of the respective institutions named in section 3(b)-- (1) the amount of funds made available by appropriations as operations funding for the administration of such institution for fiscal year 1998; and (2) such additional sums as may be necessary for the operation of such institution pursuant to this Act. SEC. 7. REGULATIONS. The president of each institution named in section 3(b) may, in consultation with the appropriate entities (referred to in section 4(b)(1)), prescribe any regulations necessary to carry out this Act. SEC. 8. LEGISLATION TO MAKE CHANGES PERMANENT. Not later than 6 months before the date on which a demonstration project under this Act is scheduled to expire, the institution conducting such demonstration project shall submit to each House of Congress-- (1) recommendations as to whether or not the changes under such project should be continued or made permanent; and (2) proposed legislation for any changes in law necessary to carry out any such recommendations. Speaker of the House of Representatives. Vice President of the United States and President of the Senate. | Haskell Indian Nations University and Southwestern Indian Polytechnic Institute Administrative Systems Act of 1998 - Allows the Haskell Indian Nations University in Lawrence, Kansas, and the Southwestern Indian Polytechnic Institute in Albuquerque, New Mexico, to each conduct a five-year demonstration project to determine whether specified changes in personnel management policies or procedures would result in improved personnel management. Provides that actions under the project shall not be limited by any lack of specific authority under title 5 of the U.S. Code or by any provision, rule, or regulation that is inconsistent which such action, with specified exceptions. Permits employees whose retirement benefits are to be affected and who have completed at least one year of Government service to elect not to become subject to the project. Sets forth transition provisions with respect to annual and sick leave. Authorizes as appropriations. Requires such an institution conducting a demonstration project, not later than six months before it is scheduled to expire, to submit to each House of the Congress: (1) recommendations as to whether or not the changes under such project should be continued or made permanent; and (2) proposed legislation for any changes in law necessary to carry out any such recommendations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Price-Anderson Amendments Act of 2000''. SEC. 2. INDEMNIFICATION AUTHORITY. (a) Indemnification of NRC Licensees.--Section 170 c. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(c)) is amended by striking ``August 1, 2002'' each place it appears and inserting ``August 1, 2012''. (b) Indemnification of DOE Contractors.--Section 170 d.(1)(A) of the Atomic Energy Act of 1954 (42 U.S.C. 2210(d)(1)(A)) is amended by striking ``, until August 1, 2002,''. (c) Indemnification of Nonprofit Educational Institutions.--Section 170 k. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(k)) is amended by striking ``August 1, 2002'' each place it appears and inserting ``August 1, 2012''. SEC. 3. MAXIMUM ASSESSMENT. Section 170 b.(1) of the Atomic Energy Act of 1954 (42 U.S.C. 2210(b)(1)) is amended by striking ``$10,000,000'' and inserting ``$20,000,000''. SEC. 4. DOE LIABILITY LIMIT. (a) Aggregate Liability Limit.--Section 170 d. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(d)) is amended by striking subsection (2) and inserting the following: ``(2) In agreements of indemnification entered into under paragraph (1), the Secretary-- ``(A) may require the contractor to provide and maintain financial protection of such a type and in such amounts as the Secretary shall determine to be appropriate to cover public liability arising out of or in connection with the contractual activity, and ``(B) shall indemnify the persons indemnified against such claims above the amount of the financial protection required, in the amount of $10,000,000,000 (subject to adjustment for inflation under subsection t.), in the aggregate, for all persons indemnified in connection with such contract and for each nuclear incident, including such legal costs of the contractor as are approved by the Secretary. (b) Contract Amendments.--Section 170 d. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(d)) is further amended by striking subsection (3) and inserting the following: ``(3) All agreements of indemnification under which the Department of Energy (or its precedessor agencies) may be required to indemnify any person, shall be deemed to be amended, on the date of the enactment of the Price-Anderson Amendments Act of 1999, to reflect the amount of indemnity for public liability and any applicable financial protection required of the contractor under this subsection on such date.''. SEC. 5. INCIDENTS OUTSIDE THE UNITED STATES. (a) Amount of Indemnification.--Section 170 d.(5) of the Atomic Energy Act of 1954 (42 U.S.C. 2210(d)(5)) is amended by striking ``$100,000,000'' and inserting ``$500,000,000''. (b) Liability Limit.--Section 170e.(4) of the Atomic Energy Act of 1954 (42 U.S.C. 2210(e)(4)) is amended by striking ``$100,000,000'' and inserting ``$500,000,000''. SEC. 6. REPORTS. Section 170 p. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(p)) is amended by striking ``August 1, 1998'' and inserting ``August 1, 2008''. SEC. 7. INFLATION ADJUSTMENT. Section 170 t. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(t)) is amended-- (1) by renumbering paragraph (2) as paragraph (3); and (2) by adding after paragraph (1) the following new paragraph: ``(2) The Secretary shall adjust the amount of indemnification provided under an agreement of indemnification under subsection d. not less than once during each 5-year period following the date of the enactment of the Price- Anderson Amendments Act of 1999, in accordance with the aggregate percentage change in the Consumer Price Index since-- ``(A) such date of enactment, in the case of the first adjustment under this subsection; or ``(B) the previous adjustment under this subsection.''. SEC. 8. CIVIL PENALTIES. (a) Repeal of Automatic Remission.--Section 234A b.(2) of the Atomic Energy of 1954 (42 U.S.C. 2282a(b)(2)) is amended by striking the last sentence. (b) Limitation for Nonprofit Institutions.--Section 234A of the Atomic Energy Act of 1954 (42 U.S.C. 2282a) is further amended by striking subsection d. and inserting the following: ``d. Notwithstanding subsection a., no contractor, subcontractor, or supplier considered to be nonprofit under the Internal Revenue Code of 1954 shall be subject to a civil penalty under this section in excess of the amount of any performance fee paid by the Secretary to such contractor, subcontractor, or supplier under the contract under which the violation or violations; occur.''. SEC. 9. EFFECTIVE DATE. (a) In General.--The amendments made by this Act shall become effective on the date of the enactment of this Act. (b) Indemnification Provisions.--The amendments made by sections 3, 4, and 5 shall not apply to any nuclear incident occurring before the date of the enactment of this Act. (c) Civil Penalty Provisions.--The amendments made by section 8 to section 234A of the Atomic Energy Act of 1954 (42 U.S.C. 2282a(b)(2)) shall not apply to any violation occurring under a contract entered into before the date of the enactment of this Act. | (Sec. 3) Increases from $10 million to $20 million the maximum amount of standard deferred premium that may be charged a licensee following a nuclear incident in any one year for each facility for which the licensee is required to maintain the maximum amount of primary financial protection. (Sec. 4) Sets a $10 billion ceiling upon the aggregate DOE liability limit pursuant to DOE indemnification agreements and for each nuclear incident. Provides that all agreements which obligate DOE to indemnify a person are deemed to be amended to reflect the indemnification amount for both public liability and any applicable financial protection required of the contractor as of the date of enactment of this Act. (Sec. 5) Increases from $100 million to $500 million the indemnification amount and the aggregate public liability limitation due from DOE for incidents outside the United States. (Sec. 7) Directs the Secretary of Energy to adjust the indemnification agreement amount in accordance with the aggregate percentage change in the Consumer Price Index at least once during each five-year period. (Sec. 8) Repeals the directive to the Secretary to determine whether a nonprofit educational institution should receive an automatic remission of any penalties for violations of DOE regulations. Shields a nonprofit contractor, subcontractor, or supplier from a civil penalty in excess of any performance fee paid by the Secretary. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Land Asset Inventory Reform Act of 2014''. SEC. 2. CADASTRE OF FEDERAL LAND. (a) In General.--The Secretary shall develop and maintain a current and accurate a multipurpose cadastre of Federal real property to support Federal land management activities, including, but not limited to: resource development and conservation, agricultural use, active forest management, environmental protection, and use of real property. (b) Cost-Sharing.--The Secretary may enter into cost-sharing agreements with States to include any non-Federal lands in a State in the cadastre. The Federal share of any such cost agreement shall not exceed 50 percent of the total cost to a State for the development of the cadastre of non-Federal lands in the State. (c) Consolidation and Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate on-- (1) the existing real property inventories or any components of any cadastre currently authorized by law or conducted by the Department of the Interior, the statutory authorization for such, and the amount expended by the Federal Government for each such activity in fiscal year 2012; (2) the existing real property inventories or any components of any cadastre currently authorized by law or conducted by the Department of the Interior that will be eliminated or consolidated into the multipurpose cadastre authorized by this Act; (3) the existing real property inventories or any components of a cadastre currently authorized by law or conducted by the Department of the Interior that will not be eliminated or consolidated into the multipurpose cadastre authorized by this Act, together with a justification for not terminating or consolidating such in the multipurpose cadastre authorized by this Act; (4) the use of existing real property inventories or any components of any cadastre currently conducted by any unit of State or local government that can be used to identify Federal real property within such unit of government; (5) the cost-savings that will be achieved by eliminating or consolidating duplicative or unneeded real property inventories or any components of a cadastre currently authorized by law or conducted by the Department of the Interior that will become part of the multipurpose cadastre authorized by this Act; (6) in consultation with the Director of the Office of Management and Budget, the Administrator of the General Services Administration, and the Comptroller General of the United States, conduct the assessment required by paragraphs (1) through (5) of this subsection with regard to all cadastres and inventories authorized, operated or maintained by all other Executive agencies of the Federal Government; and (7) recommendations for any legislation necessary to increase the cost-savings and enhance the effectiveness and efficiency of replacing, eliminating, or consolidating real property inventories or any components of a cadastre currently authorized by law or conducted by the Department of the Interior. (d) Coordination.-- (1) In general.--In carrying out this section, the Secretary shall-- (A) participate, pursuant to section 216 of Public Law 107-347, in the establishment of such standards and common protocols as are necessary to assure the interoperability of geospatial information pertaining to the cadastre for all users of such information; (B) coordinate with, seek assistance and cooperation of, and provide liaison to the Federal Geographic Data Committee pursuant to Office of Management and Budget Circular A-16 and Executive Order 12906 for the implementation of and compliance with such standards as may be applicable to the cadastre; (C) make the cadastre interoperable with the Federal Real Property Profile established pursuant to Executive Order 13327; (D) integrate with and leverage to the maximum extent practicable current cadastre activities of units of State and local government; and (E) use contracts with the private sector, to the maximum extent practicable, to provide such products and services as are necessary to develop the cadastre. (2) Contracts considered surveying and mapping.--Contracts entered into under paragraph (1)(E) shall be considered ``surveying and mapping'' services as such term is used and as such contracts are awarded in accordance with the selection procedures in title IX of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 1101 et seq.). SEC. 3. DEFINITIONS. As used in this Act, the following definitions apply: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (2) Cadastre.--The term ``cadastre'' means an inventory of real property of the Federal Government developed through collecting, storing, retrieving, or disseminating graphical or digital data depicting natural or man-made physical features, phenomena, or boundaries of the earth and any information related thereto, including surveys, maps, charts, satellite and airborne remote sensing data, images, and services, with services performed by professionals such as surveyors, photogrammetrists, hydrographers, geodesists, cartographers, and other such services of an architectural or engineering nature including the following data layers: (A) A reference frame consisting of a current geodetic network. (B) A series of current, accurate large scale maps. (C) An existing cadastral boundary overlay delineating all cadastral parcels. (D) A system for indexing and identifying each cadastral parcel. (E) A series of land data files, each including the parcel identifier, which can be used to retrieve information and cross reference between and among other data files, which contains information about the use, assets and infrastructure of each parcel, and shall also designate any parcels that the Secretary determines can be better managed through ownership by a non-Federal entity including but not limited to State government, local government, Tribal government, nonprofit organizations, or the private sector. (3) Real property.--The term ``real property'' means real estate consisting of land, buildings, crops, forests, or other resources still attached to or within the land or improvements or fixtures permanently attached to the land or a structure on it, including any interest, benefit, right, or privilege in such property. SEC. 4. TRANSPARENCY AND PUBLIC ACCESS. The Secretary shall-- (1) make the cadastre publically available on the internet in a graphically geo-enabled and searchable format; (2) ensure that the inventory referred to in section 2 includes the identification of all lands and parcels suitable for disposal by Resource Management Plans conducted for pursuant to the Federal Land Policy and Management Act of 1976 (FLPMA, 43 U.S.C. 1711 et. seq.); and (3) in consultation with the Secretary of Defense and the Secretary of Homeland Security, prevent the disclosure of any parcel or parcels of land, and buildings or facilities thereon, or information related thereto, if such disclosure would impair or jeopardize the national security or homeland defense of the United States. SEC. 5. RIGHT OF ACTION. Nothing in this Act shall create any substantive or procedural right or benefit. | Federal Land Asset Inventory Reform Act of 2014 - (Sec. 2) Directs the Secretary of the Interior to develop and maintain a current, accurate multipurpose cadastre of federal real property (an inventory of real property of the federal government) to assist with federal land management activities, including, but not limited to, resource development and conservation, travel management, agricultural use, active forest management, environmental protection, and use of real property. Authorizes the Secretary to enter into cost-sharing agreements with states to include any non-federal lands in a state in such cadastre. Limits the federal share of any such agreement to 50% of the total cost to a state for the development of the cadastre of the non-federal lands in the state. Requires Interior to submit a report, covering all cadastres and inventories authorized, operated, or maintained by all executive agencies, on: (1) existing real property inventories or any components of any cadastre, (2) consolidation of inventories and components, (3) the use of existing inventories and components of any cadastre, (4) cost savings that will be achieved, and (5) recommendations for legislation. (Sec. 4) Requires Interior to: (1) make the cadastre available on the Internet in a graphically geo-enabled and searchable format; (2) ensure that the inventory required by this Act includes the identification of all lands and parcels suitable for disposal by Resource Management Plans conducted pursuant to the Federal Land Policy and Management Act of 1976; and (3) prevent the disclosure of any parcels of land, buildings or facilities thereon, or related information, if this would impair or jeopardize national security or homeland defense. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Saving Homeowners from Onerous Rate Escalations Act of 2013'' or the ``SHORE Act of 2013''. SEC. 2. EXTENSION OF PHASE-IN OF ACTUARIAL RATES FOR FLOOD INSURANCE FOR CERTAIN PROPERTIES. (a) New Policies and Lapsed Policies.--Section 1307(g) of the National Flood Insurance Act of 1968 (42 U.S.C. 4014(g)) is amended-- (1) in paragraph (4)-- (A) in subparagraph (B), by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and adjusting the margins accordingly; and (B) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and adjusting the margins accordingly; (2) by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively, and adjusting the margins accordingly; (3) in the matter preceding subparagraph (A), as redesignated, by striking ``The Administrator'' and inserting the following: ``(1) In general.--The Administrator''; and (4) by adding at the end the following: ``(2) Phase-in of actuarial rates.-- ``(A) In general.--Any increase in the risk premium rate charged for flood insurance for a property or policy described in subparagraph (A), (B), or (C) of paragraph (1) that is a result of the prohibition set forth under such paragraph shall be phased in over an 8-year period at the rate of-- ``(i) 5 percent for each of the first 5 years after the applicable effective date established under subparagraph (B) of this paragraph; and ``(ii) 25 percent for each of the subsequent 3 years. ``(B) Effective date of phase-in.--The applicable effective date under this subparagraph is the later of-- ``(i) the date of enactment of the SHORE Act of 2013; or ``(ii) the date on which-- ``(I) a property described in paragraph (1)(A) becomes insured by the national flood insurance program; ``(II) a property described in paragraph (1)(B) is purchased; or ``(III) coverage for a policy described in paragraph (1)(C) is renewed.''. (b) Certain Other Properties.--Section 1308(e)(2) of the National Flood Insurance Act of 1968 (42 U.S.C. 4015(e)(2)) is amended by striking ``by 25 percent each year, until'' and inserting the following: ``by 5 percent each year for 5 years and by 25 percent each year thereafter, until''. (c) Premium Adjustments To Reflect Current Risk of Flood.-- (1) In general.--Section 1308(h) of the National Flood Insurance Act of 1968 (42 U.S.C. 4015(h)) is amended-- (A) in the second sentence, by striking ``over a 5- year period, at the rate of 20 percent for each year following such effective date.'' and inserting the following: ``over a 10-year period, at the rate of 5 percent for each of the first 5 years after such effective date and 15 percent for each of the 5 years thereafter.''; and (B) in the third sentence, by striking ``over a 5- year period, at the rate of 20 percent for each year following the effective date of such issuance, revision, updating, or change.'' and inserting the following: ``over a 10-year period, at the rate of 5 percent for each of the first 5 years following the effective date of such issuance, revision, updating, or change, and 15 percent for each of the 5 years thereafter.''. (2) Applicability.--For purposes of determining the amounts and schedule for phasing in any increase in the risk premium rate charged for flood insurance under the National Flood Insurance Program under section 1308(h) of the National Flood Insurance Act of 1968 (42 U.S.C. 4015(h)), as amended by paragraph (1), based on the issuance, revision, updating, or other change with respect to a flood insurance map that took effect during the period beginning on July 6, 2012 and ending on the date of enactment of this Act, the effective date of the issuance, revision, updating, or other change shall be deemed to be the date of enactment of this Act. | Saving Homeowners from Onerous Rate Escalations Act of 2013 or SHORE Act of 2013 - Amends the National Flood Insurance Act of 1968 to direct the Administrator of the Federal Emergency Management Agency (FEMA) to phase in, over an eight-year period, any increase in the flood insurance risk premium rate caused by the prohibition against extending subsidies to new or lapsed policies. Extends from a 5-year to a 10-year period the phase-in period for premium adjustment increases in the flood insurance risk rate. Prescribes a phase-in rate of: (1) 5% for each of the first 5 years after the effective date of an update, and 15% for each of the 5 ensuing years; and (2) 5% for each of the first 5 years following the effective date of designation as a special flood area of any area not previously so designated, and 15% for each of the 5 ensuing years. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Pathway to Job Creation through a Simpler, Fairer Tax Code Act of 2012''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that the following problems exist with the Internal Revenue Code of 1986 (in this section referred to as the ``tax code''): (1) The tax code is unfair, containing hundreds of provisions that only benefit certain special interests, resulting in a system of winners and losers. (2) The tax code violates the fundamental principle of equal justice by subjecting families in similar circumstances to significantly different tax bills. (3)(A) Many tax preferences, sometimes referred to as ``tax expenditures,'' are similar to government spending--instead of markets directing economic resources to their most efficient uses, the Government directs resources to other uses, creating a drag on economic growth and job creation. (B) The exclusions, deductions, credits, and special rules that make up such tax expenditures amount to over $1 trillion per year, nearly matching the total amount of annual revenue that is generated from the income tax itself. (C) In some cases, tax subsidies can literally take the form of spending through the tax code, redistributing taxes paid by some Americans to individuals and businesses who do not pay any income taxes at all. (4) The failure to adopt a permanent tax code with stable statutory tax policy has created greater economic uncertainty. Tax rates have been scheduled to increase sharply in 3 of the last 5 years, requiring the enactment of repeated temporary extensions. Additionally, approximately 70 other, more targeted tax provisions expired in 2011 or are currently scheduled to expire by the end of 2012. (5) Since 2001, there have been nearly 4,500 changes made to the tax code, averaging more than one each day over the past decade. (6) The tax code's complexity leads nearly nine out of ten families either to hire tax preparers (60 percent) or purchase software (29 percent) to file their taxes, while 71 percent of unincorporated businesses are forced to pay someone else to prepare their taxes. (7) The cost of complying with the tax code is too burdensome, forcing individuals, families, and employers to spend over six billion hours and over $160 billion per year trying to comply with the law and pay the actual tax owed. (8) Compliance with the current tax code is a financial hardship for employers that falls disproportionately on small businesses, which spend an average of $74 per hour on tax- related compliance, making it the most expensive paperwork burden they encounter. (9) Small businesses have been responsible for two-thirds of the jobs created in the United States over the past 15 years, and approximately half of small-business profits are taxed at the current top 2 individual rates. (10) The historic range for tax revenues collected by the Federal government has averaged 18 to 19 percent of Gross Domestic Product (GDP), but will rise to 21.2 percent of GDP under current law--a level never reached, let alone sustained, in the Nation's history. (11) The current tax code is highly punitive, with a top Federal individual income tax rate of 35 percent (which is set to climb to over 40 percent in 2013 when taking into account certain hidden rates), meaning some Americans could face a combined local, State and Federal tax rate of 50 percent. (12) The tax code contains harmful provisions, such as the Alternative Minimum Tax (AMT), which was initially designed to affect only the very highest-income taxpayers but now threatens more than 30 million middle-class households because of a flawed design. (13) As of April 1, 2012, the United States achieved the dubious distinction of having the highest corporate tax rate (39.2 percent for Federal and State combined) in the developed world. (14) The United States corporate tax rate is more than 50 percent higher than the average rate of member states of the Organization for Economic Cooperation and Development (OECD)--a factor that discourages employers and investors from locating jobs and investments in the United States. (15) The United States has become an outlier in that it still uses a ``worldwide'' system of taxation--one that has not been substantially reformed in 50 years, when the United States accounted for nearly half of global economic output and had no serious competitors around the world. (16) The combination of the highest corporate tax rate with an antiquated ``worldwide'' system subjects American companies to double taxation when they attempt to compete with foreign companies in overseas markets and then reinvest their earnings in the United States. (17) The Nation's outdated tax code has contributed to the fact that the world's largest companies are more likely to be headquartered overseas today than at any point in the last 50 years: In 1960, 17 of the world's 20 largest companies were based in the United States; by 2010, that number sank to a mere six out of 20. (18) The United States has one of the highest levels of taxation on capital--taxing it once at the corporate level and then again at the individual level--with integrated tax rates on certain investment income already reaching roughly 50 percent (and scheduled to reach nearly 70 percent in 2013). (19) The United States' overall taxation of capital is higher than all but four of the 38 countries that make up the OECD and the BRIC (Brazil, Russia, India and China). (b) Purposes.--It is the purpose of this Act to provide for enactment of comprehensive tax reform in 2013 that-- (1) protects taxpayers by creating a fairer, simpler, flatter tax code for individuals and families by-- (A) lowering marginal tax rates and broadening the tax base; (B) eliminating special interest loopholes; (C) reducing complexity in the tax code, making tax compliance easier and less costly; (D) repealing the Alternative Minimum Tax; (E) maintaining modern levels of progressivity so as to not overburden any one group or further erode the tax base; (F) making it easier for Americans to save; and (G) reducing the tax burdens imposed on married couples and families; (2) is comprehensive (addressing both individual and corporate rates), so as to have the maximum economic impact by benefitting employers and their employees regardless of how a business is structured; (3) results in tax revenue consistent with historical norms; (4) spurs greater investment, innovation and job creation, and therefore increases economic activity and the size of the economy on a dynamic basis as compared to the current tax code; and (5) makes American workers and businesses more competitive by-- (A) creating a stable, predictable tax code under which families and employers are best able to plan for the future; (B) keeping taxes on small businesses low; (C) reducing America's corporate tax rate, which is currently the highest in the industrialized world; (D) maintaining a level of parity between individual and corporate rates to reduce economic distortions; (E) promoting innovation in the United States; (F) transitioning to a globally competitive territorial tax system; (G) minimizing the double taxation of investment and capital; and (H) reducing the impact of taxes on business decision-making to allow such decisions to be driven by their economic potential. SEC. 3. EXPEDITED CONSIDERATION OF A MEASURE PROVIDING FOR COMPREHENSIVE TAX REFORM. (a) Definition.--For purposes of this section, the term ``tax reform bill'' means a bill of the 113th Congress-- (1) introduced in the House of Representatives by the chair of the Committee on Ways and Means not later than April 30, 2013, or the first legislative day thereafter if the House is not in session on that day, the title of which is as follows: ``A bill to provide for comprehensive tax reform.''; and (2) which is the subject of a certification under subsection (b). (b) Certification.--The chair of the Joint Committee on Taxation shall notify the House and Senate in writing whenever the chair of the Joint Committee determines that an introduced bill described in subsection (a)(1) contains at least each of the following proposals: (1) a consolidation of the current 6 individual income tax brackets into not more than two brackets of 10 and not more than 25 percent; (2) a reduction in the corporate tax rate to not greater than 25 percent; (3) a repeal of the Alternative Minimum Tax; (4) a broadening of the tax base to maintain revenue between 18 and 19 percent of the economy; and (5) a change from a ``worldwide'' to a ``territorial'' system of taxation. (c) Expedited Consideration in the House of Representatives.-- (1) Any committee of the House of Representatives to which the tax reform bill is referred shall report it to the House not later than 20 calendar days after the date of its introduction. If a committee fails to report the tax reform bill within that period, such committee shall be automatically discharged from further consideration of the bill. (2) If the House has not otherwise proceeded to the consideration of the tax reform bill upon the expiration of 15 legislative days after the bill has been placed on the Union Calendar, it shall be in order for the Majority Leader or a designee (or, after the expiration of an additional 2 legislative days, any Member), to offer one motion that the House resolve into the Committee of the Whole House on the state of the Union for the consideration of the tax reform bill. The previous question shall be considered as ordered on the motion to its adoption without intervening motion except 20 minutes of debate equally divided and controlled by the proponent and an opponent. If such a motion is adopted, consideration shall proceed in accordance with paragraph (3). A motion to reconsider the vote by which the motion is disposed of shall not be in order. (3) The first reading of the bill shall be dispensed with. General debate shall be confined to the bill and shall not exceed 4 hours, equally divided and controlled by the chair and ranking minority member of the Committee on Ways and Means. At the conclusion of general debate, the bill shall be read for amendment under the five-minute rule. Any committee amendment shall be considered as read. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions. A motion to reconsider the vote on passage of the bill shall not be in order. (d) Expedited Consideration in the Senate.-- (1) Committee consideration.--A tax reform bill, as defined in subsection (a), received in the Senate shall be referred to the Committee on Finance. The Committee shall report the bill not later than 15 calendar days after receipt of the bill in the Senate. If the Committee fails to report the bill within that period, that committee shall be discharged from consideration of the bill, and the bill shall be placed on the calendar. (2) Motion to proceed.--Notwithstanding rule XXII of the Standing Rules of the Senate, it is in order, not later than 2 days of session after the date on which the tax reform bill is reported or discharged from committee, for the majority leader of the Senate or the majority leader's designee to move to proceed to the consideration of the tax reform bill. It shall also be in order for any Member of the Senate to move to proceed to the consideration of the tax reform bill at any time after the conclusion of such 2-day period. A motion to proceed is in order even though a previous motion to the same effect has been disagreed to. All points of order against the motion to proceed to the tax reform bill are waived. The motion to proceed is not debatable. The motion is not subject to a motion to postpone. (3) Consideration.--No motion to recommit shall be in order and debate on any motion or appeal shall be limited to one hour, to be divided in the usual form. (4) Amendments.--All amendments must be relevant to the bill and debate on any amendment shall be limited to 2 hours to be equally divided in the usual form between the opponents and proponents of the amendment. Debate on any amendment to an amendment, debatable motion, or appeal shall be limited to 1 hour to be equally divided in the usual form between the opponents and proponents of the amendment. (5) Vote on passage.--If the Senate has proceeded to the bill, and following the conclusion of all debate, the Senate shall proceed to a vote on passage of the bill as amended, if amended. (e) Conference in the House.--If the House receives a message that the Senate has passed the tax reform bill with an amendment or amendments, it shall be in order for the chair of the Committee on Ways and Means or a designee, without intervention of any point of order, to offer any motion specified in clause 1 of rule XXII. (f) Conference in the Senate.--If the Senate receives from the House a message to accompany the tax reform bill, as defined in subsection (a), then no later than two session days after its receipt-- (1) the Chair shall lay the message before the Senate; (2) the motion to insist on the Senate amendment or disagree to the House amendment or amendments to the Senate amendment, the request for a conference with the House or the motion to agree to the request of the House for a conference, and the motion to authorize the Chair to appoint conferees on the part of the Senate shall be agreed to; and (3) the Chair shall then be authorized to appoint conferees on the part of the Senate without intervening motion, with a ratio agreed to with the concurrence of both leaders. (g) Rulemaking.--This section is enacted by the Congress as an exercise of the rulemaking power of the House of Representatives and Senate, respectively, and as such is deemed a part of the rules of each House, respectively, or of that House to which they specifically apply, and such procedures supersede other rules only to the extent that they are inconsistent with such rules; and with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedures of that House) at any time, in the same manner, and to the same extent as any other rule of that House. House | Pathway to Job Creation through a Simpler, Fairer Tax Code Act of 2012 - States that the purpose of this Act is to provide for the enactment of comprehensive tax reform in 2013 that: (1) protects taxpayers by creating a fairer, simpler, flatter tax code; (2) is comprehensive; (3) results in tax revenue consistent with historical norms; (4) spurs greater investment, innovation and job creation; and (5) makes American workers and businesses more competitive. Defines a "tax reform bill" for purposes of this Act as a bill to be introduced by the chair of the House Committee on Ways and Means not later than April 30, 2013, that is certified by the chair of the Joint Committee on Taxation as containing proposals to: (1) consolidate the 6 current individual income tax brackets into a maximum of 2 brackets (of 10% and not higher than 25%), (2) reduce the corporate income tax rate to not more than 25%, (3) repeal the alternative minimum tax (AMT), (4) broaden the tax base so that tax revenues comprise between 18% and 19% of Gross Domestic Product (GDP), and (5) reform the current system of foreign taxation. Provides for the expedited consideration of such bill in the House of Representatives and the Senate. |
SECTION 1. TO EXPRESS THE SENSE OF THE SENATE REGARDING MEDICAID RECONCILIATION LEGISLATION TO BE REPORTED BY A CONFERENCE COMMITTEE. (a) Findings.--The Senate makes the following findings: (1) The Medicaid program provides essential health care and long-term care services to more than 50,000,000 low-income children, pregnant women, parents, individuals with disabilities, and senior citizens. It is a Federal guarantee that ensures that the most vulnerable will have access to needed medical services. (2) The Medicaid program provides critical access to long- term care and other services for the elderly and individuals living with disabilities, and is the single largest provider of long-term care services. The Medicaid program also pays for personal care and other supportive services that are typically not provided by private health insurance or under the Medicare program, but are necessary to enable individuals with spinal cord injuries, developmental disabilities, neurological degenerative diseases, serious and persistent mental illnesses, HIV/AIDS, and other chronic conditions to remain in the community, to work, and to maintain independence. (3) The Medicaid program supplements the Medicare program for more than 6,000,000 low-income elderly or disabled Medicare beneficiaries, assisting those beneficiaries with their Medicare premiums and co-insurance, wrap-around benefits, and the costs of nursing home care that the Medicare program does not cover. The Medicaid program spent nearly $40,000,000,000 in 2002 on services not covered under the Medicare program. (4) The Medicaid program provides health insurance for more than \1/4\ of America's children and is the largest purchaser of maternity care, paying for more than \1/3\ of all the births in the United States each year. The Medicaid program also provides vital access to care for children with disabilities, covering more than 70 percent of the poor children with disabilities in the United States. (5) Medicaid's benefits for children are comprehensive, including mandatory coverage for Early and Periodic Screening Diagnosis and Treatment benefits covering all medically necessary care. Medicaid ensures that children have the benefits, health services and health care support they need to be fully immunized and that children can secure eyeglasses, dental care, and hearing aids when necessary, and that children have access to comprehensive, regularly scheduled, and as- needed health examinations, as well as preventive interventions, to correct physical and mental conditions that threaten to delay proper growth and development. (6) More than 16,000,000 American women depend on the Medicaid program for their health care. Women comprise the majority of seniors (71 percent) on Medicaid. Half of nonelderly women with permanent mental or physical disabilities have health care coverage under the Medicaid program. The Medicaid program also provides critical access to treatment for low-income women diagnosed with breast or cervical cancer. (7) The Medicaid program is the Nation's largest source of payment for mental health services, HIV/AIDS care, and care for children with special needs. Much of this care is either not covered by private insurance or is limited in scope or duration. The Medicaid program is also a critical source of funding for health care for children in foster care and for health care services provided in schools. (8) Funds under the Medicaid program help to ensure access to care for all Americans. The Medicaid program is the single largest source of revenue for the Nation's safety net hospitals, health centers, and nursing homes, and is critical to the ability of these providers to adequately serve all Americans. (9) The Medicaid program serves a major role in ensuring that the number of Americans without health insurance, approximately 45,000,000 in 2003, is not substantially higher. The system of Federal matching for State Medicaid expenditures ensures that Federal funds will grow as State spending increases in response to unmet needs, enabling the Medicaid program to help buffer the drop in private coverage during recessions. More than 4,800,000 Americans lost employer- sponsored health care coverage between 2000 and 2003, during which time the Medicaid program enrolled an additional 8,400,000 Americans. (10) Many individuals living below the Federal poverty level are ineligible for Medicaid because of stringent income eligibility rules. For parents, eligibility levels are often very far below the Federal poverty level. On average, a working parent in a family of three would have to make less than $224 per week and a non-working parent in a family of three would have to make less than $150 per week to qualify. Single individuals with disabilities would be ineligible if they have more than $147 per week in income. (11) Eligibility levels for pregnant women and children are generally at or just above the Federal poverty level, but a family with income just over minimum wage can be disqualified for Medicaid. At the minimum eligibility levels for pregnant women, earning as little as $8.80 per hour at a full-time job could disqualify a pregnant woman from Medicaid eligibility. A working parent in a family of three earning less than $8.40 per hour at a full-time job could make their child 6 years-old or older ineligible for Medicaid. (12) Title III of the budget reconciliation bill of the House of Representatives, as reported out by the Committee on Energy and Commerce, would adversely affect these low-income beneficiaries, many of whom are children or have special health care needs, by increasing beneficiary cost-sharing, limiting access to benefits, and restricting eligibility for long-term care services that the Medicaid program covers. These new limits make up \2/3\ of the House of Representative's projected Medicaid spending reductions, accounting for $30,100,000,000 of the total $45,300,000,000 in Medicaid reductions over 10 years. (13) Making beneficiaries pay more for more limited benefits under Medicaid may put a significant financial burden on these very low-income individuals. Research also demonstrates that increasing beneficiary cost-sharing can make prescription drugs and other essential health services unaffordable for beneficiaries, can cause the health of children and adults to deteriorate, and can lead to higher emergency room and hospital costs. (14) By contrast, while S. 1932, as passed by the Senate on November 3, 2005, includes substantial cuts to the Medicaid program, it does not include direct limits on beneficiary access to Medicaid services. Even so, enactment of S. 1932 would result in a net Medicaid cut of $14,200,000,000 over 10 years, less than \1/3\ of the projected Medicaid reductions contained in the House of Representative's budget reconciliation bill. (b) Sense of the Senate.--It is the sense of the Senate that the conferees for any budget reconciliation bill of the 109th Congress shall not report a reconciliation bill that would-- (1) with respect to low-income children, pregnant women, disabled individuals, elderly individuals, individuals with chronic illnesses like HIV/AIDS, cancer, and diabetes, individuals with mental illnesses, and other Medicaid beneficiaries-- (A) impair access to Medicaid services; (B) undermine eligibility for such Medicaid beneficiaries; (C) make Medicaid services unavailable by making them unaffordable to such Medicaid beneficiaries; or (D) cut health care services for such Medicaid beneficiaries; or (2) undermine the Federal guarantee of health insurance coverage that the Medicaid program provides, which would threaten not only the health care safety net of the United States, but the entire health care system of the United States. | Expresses the sense of the Senate that the conferees for any budget reconciliation bill of the 109th Congress shall not report a reconciliation bill that would with respect to low-income children, pregnant women, disabled individuals, elderly individuals, individuals with chronic illnesses like HIV/AIDS, cancer, and diabetes, individuals with mental illnesses, and other Medicaid beneficiaries: (1) impair access to Medicaid services; (2) undermine eligibility for such beneficiaries; (3) make Medicaid services unaffordable, hence unavailable, to them; or (4) cut health care services them. Expresses the sense of the Senate, also, that the conferees shall not report a reconciliation bill that would undermine the federal guarantee of health insurance coverage that the Medicaid program provides, which would threaten not only the health care safety net of the United States, but the entire health care system of the United States. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Transit Rail Inspection Practices Act of 2018'' or the ``TRIP Act''. SEC. 2. PUBLIC TRANSPORTATION SAFETY INSPECTIONS. (a) In General.--Section 5329 of title 49, United States Code, is amended-- (1) in subsection (b)-- (A) in paragraph (2)-- (i) in subparagraph (D), by striking ``and'' at the end; (ii) in subparagraph (E), by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(F) consideration, where appropriate, of performance-based and risk-based methodologies.''; and (B) by adding at the end the following: ``(3) Plan updates.--The Secretary shall update the national public transportation safety plan under paragraph (1) as necessary.''; (2) in subsection (e), by adding at the end the following: ``(11) Effectiveness of enforcement authorities and practices.--The Secretary shall develop and disseminate to State safety oversight agencies the process and methodology that the Secretary will use to monitor the effectiveness of the enforcement authorities and practices of State safety oversight agencies.''; and (3) by adding at the end the following: ``(l) Inspections.-- ``(1) Inspection access.-- ``(A) In general.--A State safety oversight program shall provide the State safety oversight agency established by the program with the authority and capability to enter the facilities of each rail fixed guideway public transportation system that the State safety oversight agency oversees to inspect infrastructure, equipment, records, personnel, and data, including the data that the rail fixed guideway public transportation agency collects when identifying and evaluating safety risks. ``(B) Polices and procedures.--A State safety oversight agency, in consultation with each rail fixed guideway public transportation agency that the State safety oversight agency oversees, shall establish policies and procedures regarding the access of the State safety oversight agency to conduct inspections of the rail fixed guideway public transportation system, including access for inspections that occur without advance notice to the rail fixed guideway public transportation agency. ``(2) Data collection.-- ``(A) In general.--A rail fixed guideway public transportation agency shall provide the applicable State safety oversight agency with the data that the rail fixed guideway public transportation agency collects when identifying and evaluating safety risks, in accordance with subparagraph (B). ``(B) Policies and procedures.--A State safety oversight agency shall establish policies and procedures for collecting data described in subparagraph (A) from a rail fixed guideway public transportation agency, including with respect to frequency of collection, that is commensurate with the size and complexity of the rail fixed guideway public transportation system. ``(3) Incorporation.--Policies and procedures established under this subsection shall be incorporated into-- ``(A) the State safety oversight program standard adopted by a State safety oversight agency under section 674.27 of title 49, Code of Federal Regulations (or any successor regulation); and ``(B) the public transportation agency safety plan established by a rail fixed guideway public transportation agency under subsection (d). ``(4) Assessment by secretary.--In assessing the capability of a State safety oversight agency to conduct inspections as required under paragraph (1), the Secretary shall ensure that-- ``(A) the inspection practices of the State safety oversight agency are commensurate with the number, size, and complexity of the rail fixed guideway public transportation systems that the State safety oversight agency oversees; ``(B) the inspection program of the State safety oversight agency is risk-based; and ``(C) the State safety oversight agency has sufficient resources to conduct the inspections. ``(5) Special directive.--The Secretary shall issue a special directive to each State safety oversight agency on the development and implementation of risk-based inspection programs under this subsection. ``(6) Enforcement.--The Secretary may use any authority under this section, including any enforcement action authorized under subsection (g), to ensure the compliance of a State safety oversight agency or State safety oversight program with this subsection.''. (b) Deadline; Effective Date.-- (1) Special directive on risk-based inspection programs.-- Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall issue each special directive required under section 5329(l)(5) of title 49, United States Code, as added by subsection (a). (2) Inspection requirements.--Section 5329(l) of title 49, United States Code, as added by subsection (a), shall apply with respect to a State safety oversight agency on and after the date that is 2 years after the date on which the Secretary issues the special directive to the State safety oversight agency under paragraph (5) of such section 5329(l). (c) No Effect on Initial Certification Process.--Nothing in this section or the amendments made by this section shall be construed to affect the requirements for initial approval of a State safety oversight program, including the initial deadline, under section 5329(e)(3) of title 49, United States Code, as in effect on the day before the date of enactment of this Act. SEC. 3. FUNDING FOR STATE SAFETY OVERSIGHT PROGRAM GRANTS. (a) In General.--Section 5336(h)(4) of title 49, United States Code, is amended by striking ``0.5 percent'' and inserting ``0.75 percent''. (b) Applicability.--The amendment made by subsection (a) shall apply with respect to fiscal year 2020 and each fiscal year thereafter. Passed the Senate September 25, 2018. Attest: JULIE E. ADAMS, Secretary. | Transit Rail Inspection Practices Act of 2018 or the TRIP Act (Sec. 2) This bill directs the Department of Transportation shall develop and disseminate to state safety oversight agencies (SSOAs) the process and methodology that it will use to monitor the effectiveness of the enforcement authorities and practices of the SSOAs. A state safety oversight program shall provide the SSOA with the authority and capability to enter the facilities of each rail fixed guideway public transportation system that the SSOA oversees to inspect infrastructure, equipment, records, personnel, and data. A SSOA shall establish policies and procedures: (1) regarding the access of the SSOA to conduct inspections of the rail fixed guideway public transportation system, and (2) for collecting data from a rail fixed guideway public transportation agency. A rail fixed guideway public transportation agency shall provide the applicable SSOA with the data that the rail fixed guideway public transportation agency collects when identifying and evaluating safety risks. DOT shall issue a special directive to each SSOA on the development and implementation of risk-based inspection programs. (Sec. 3) The bill increases the apportionment percentage for state safety oversight program grants. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Food and Medicines Sanctions Removal Act of 1999''. SEC. 2. REQUIREMENT OF CONGRESSIONAL APPROVAL OF ANY UNILATERAL AGRICULTURAL OR MEDICAL SANCTION. (a) Definitions.--In this section: (1) Agricultural commodity.--The term ``agricultural commodity'' has the meaning given the term in section 402 of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1732). (2) Agricultural program.--The term ``agricultural program'' means-- (A) any program administered under the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1691 et. seq.); (B) any program administered under section 416 of the Agricultural Act of 1949 (7 U.S.C. 1431); (C) any commercial sale of agricultural commodities, including a commercial sale of an agricultural commodity that is prohibited under a unilateral agricultural sanction that is in effect on the date of enactment of this Act; or (D) any export financing (including credits or credit guarantees) for agricultural commodities. (3) Joint resolution.--The term ``joint resolution'' means-- (A) in the case of subsection (b)(1)(B), only a joint resolution introduced within 10 session days of Congress after the date on which the report of the President under subsection (b)(1)(A) is received by Congress, the matter after the resolving clause of which is as follows: ``That Congress approves the report of the President pursuant to section 2(b)(1)(A) of the Food and Medicines Sanctions Removal Act of 1999, transmitted on ______________.'', with the blank completed with the appropriate date; and (B) in the case of subsection (e)(2), only a joint resolution introduced within 10 session days of Congress after the date on which the report of the President under subsection (e)(1) is received by Congress, the matter after the resolving clause of which is as follows: ``That Congress approves the report of the President pursuant to section 2(e)(1) of the Food and Medicines Sanctions Removal Act of 1999, transmitted on ______________.'', with the blank completed with the appropriate date. (4) Unilateral agricultural sanction.--The term ``unilateral agricultural sanction'' means any prohibition, restriction, or condition on carrying out an agricultural program with respect to a foreign country or foreign entity that is imposed by the United States for reasons of foreign policy or national security, except in a case in which the United States imposes the measure pursuant to a multilateral regime and the other member countries of that regime have agreed to impose substantially equivalent measures. (5) Unilateral medical sanction.--The term ``unilateral medical sanction'' means any prohibition, restriction, or condition on exports of, or the provision of assistance consisting of, medicine or a medical device with respect to a foreign country or foreign entity that is imposed by the United States for reasons of foreign policy or national security, except in a case in which the United States imposes the measure pursuant to a multilateral regime and the other member countries of that regime have agreed to impose substantially equivalent measures. (b) Restriction.-- (1) New sanctions.--Except as provided in subsections (c) and (d) and notwithstanding any other provision of law, the President may not impose a unilateral agricultural sanction or unilateral medical sanction against a foreign country or foreign entity for any fiscal year, unless-- (A) not later than 60 days before the sanction is proposed to be imposed, the President submits a report to Congress that-- (i) describes the activity proposed to be prohibited, restricted, or conditioned; and (ii) describes the actions by the foreign country or foreign entity that justify the sanction; and (B) Congress enacts a joint resolution stating the approval of Congress for the report submitted under subparagraph (A). (2) Existing sanctions.-- (A) In general.--Except as provided in subparagraph (B), with respect to any unilateral agricultural sanction or unilateral medical sanction that is in effect as of the date of enactment of this Act for any fiscal year, the President shall immediately cease to implement such sanction. (B) Exemptions.--Subparagraph (A) shall not apply to a unilateral agricultural sanction or unilateral medical sanction imposed with respect to an agricultural program or activity described in subparagraph (B) or (D) of subsection (a)(2). (c) Exceptions.--The President may impose (or continue to impose) a sanction described in subsection (b) without regard to the procedures required by that subsection-- (1) against a foreign country or foreign entity with respect to which Congress has enacted a declaration of war that is in effect on or after the date of enactment of this Act; or (2) to the extent that the sanction would prohibit, restrict, or condition the provision or use of any agricultural commodity, medicine, or medical device that is-- (A) controlled on the United States Munitions List; (B) an item for which export controls are administered by the Department of Commerce for foreign policy or national security reasons; or (C) used to facilitate the development or production of a chemical or biological weapon. (d) Countries Supporting International Terrorism.--This section shall not affect the current prohibitions on providing, to the government of any country supporting international terrorism, United States government assistance, including United States foreign assistance, United States export assistance, or any United States credits or credit guarantees. (e) Termination of Sanctions.--Any unilateral agricultural sanction or unilateral medical sanction that is imposed pursuant to the procedures described in subsection (b)(1) shall terminate not later than 2 years after the date on which the sanction became effective unless-- (1) not later than 60 days before the date of termination of the sanction, the President submits to Congress a report containing the recommendation of the President for the continuation of the sanction for an additional period of not to exceed 2 years and the request of the President for approval by Congress of the recommendation; and (2) Congress enacts a joint resolution stating the approval of Congress for the report submitted under paragraph (1). (f) Congressional Priority Procedures.-- (1) Referral of report.--A report described in subsection (b)(1)(A) or (e)(1) shall be referred to the appropriate committee or committees of the House of Representatives and to the appropriate committee or committees of the Senate. (2) Referral of joint resolution.-- (A) In general.--A joint resolution shall be referred to the committees in each House of Congress with jurisdiction. (B) Reporting date.--A joint resolution referred to in subparagraph (A) may not be reported before the eighth session day of Congress after the introduction of the joint resolution. (3) Discharge of committee.--If the committee to which is referred a joint resolution has not reported the joint resolution (or an identical joint resolution) at the end of 30 session days of Congress after the date of introduction of the joint resolution-- (A) the committee shall be discharged from further consideration of the joint resolution; and (B) the joint resolution shall be placed on the appropriate calendar of the House concerned. (4) Floor consideration.-- (A) Motion to proceed.-- (i) In general.--When the committee to which a joint resolution is referred has reported, or when a committee is discharged under paragraph (3) from further consideration of, a joint resolution-- (I) it shall be at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for any member of the House concerned to move to proceed to the consideration of the joint resolution; and (II) all points of order against the joint resolution (and against consideration of the joint resolution) are waived. (ii) Privilege.--The motion to proceed to the consideration of the joint resolution-- (I) shall be highly privileged in the House of Representatives and privileged in the Senate; and (II) not debatable. (iii) Amendments and motions not in order.--The motion to proceed to the consideration of the joint resolution shall not be subject to-- (I) amendment; (II) a motion to postpone; or (III) a motion to proceed to the consideration of other business. (iv) Motion to reconsider not in order.--A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. (v) Business until disposition.--If a motion to proceed to the consideration of the joint resolution is agreed to, the joint resolution shall remain the unfinished business of the House concerned until disposed of. (B) Limitations on debate.-- (i) In general.--Debate on the joint resolution, and on all debatable motions and appeals in connection with the joint resolution, shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the joint resolution. (ii) Further debate limitations.--A motion to limit debate shall be in order and shall not be debatable. (iii) Amendments and motions not in order.--An amendment to, a motion to postpone, a motion to proceed to the consideration of other business, a motion to recommit the joint resolution, or a motion to reconsider the vote by which the joint resolution is agreed to or disagreed to shall not be in order. (C) Vote on final passage.--Immediately following the conclusion of the debate on a joint resolution, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the House concerned, the vote on final passage of the joint resolution shall occur. (D) Rulings of the chair on procedure.--An appeal from a decision of the Chair relating to the application of the rules of the Senate or House of Representatives, as the case may be, to the procedure relating to a joint resolution shall be decided without debate. (5) Coordination with action by other house.--If, before the passage by 1 House of a joint resolution of that House, that House receives from the other House a joint resolution, the following procedures shall apply: (A) No committee referral.--The joint resolution of the other House shall not be referred to a committee. (B) Floor procedure.--With respect to a joint resolution of the House receiving the joint resolution-- (i) the procedure in that House shall be the same as if no joint resolution had been received from the other House; but (ii) the vote on final passage shall be on the joint resolution of the other House. (C) Disposition of joint resolutions of receiving house.--On disposition of the joint resolution received from the other House, it shall no longer be in order to consider the joint resolution originated in the receiving House. (6) Procedures after action by both the house and senate.-- If a House receives a joint resolution from the other House after the receiving House has disposed of a joint resolution originated in that House, the action of the receiving House with regard to the disposition of the joint resolution originated in that House shall be deemed to be the action of the receiving House with regard to the joint resolution originated in the other House. (7) Rulemaking power.--This subsection is enacted by Congress-- (A) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such this subsection-- (i) is deemed to be a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution; and (ii) supersedes other rules only to the extent that this subsection is inconsistent with those rules; and (B) with full recognition of the constitutional right of either House to change the rules (so far as the rules relate to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House. (g) Guidelines With Respect to State Sponsors of International Terrorism.--(1) Notwithstanding any other provision of the Act, the export of agricultural commodities or medicine or medical devices to the government of a country that has been determined by the Secretary of State to have repeatedly provided support for acts of international terrorism under section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371) shall only be made-- (A) pursuant to one year licenses issued by the United States Government for contracts entered into during that one year period and completed within a twelve month period after the signing of the contract; and (B) without benefit of Federal financing, direct export subsidies, Federal credit guarantees or other Federal promotion assistance programs. (2) Quarterly reports to the appropriate congressional committees shall be submitted by the applicable agency charged with issuing licenses in paragraph (1)(A). (h) Effective Date.--This section takes effect 180 days after the date of enactment of this Act. | Prescribes requirements for the export of agricultural commodities or medicine or medical devices to foreign countries that have been determined to support international terrorism. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Montana Mineral Conveyance Act''. SEC. 2. FINDINGS. Congress finds that-- (1) under section 503(a)(2) of the Department of the Interior and Related Agencies Appropriations Act, 1998 (Public Law 105-83; 111 Stat. 1617), the Secretary of the Interior has conveyed mineral rights in certain very large tracts of coal to the State of Montana, the tracts of which lie as near as 3 or 4 miles east of the Northern Cheyenne Indian Reservation; (2) development of the coal tracts and other existing and proposed major developments of Federal, State, and private energy resources in areas surrounding the Northern Cheyenne Indian Reservation yield substantial public revenues to the State (including political subdivisions of the State), thereby assisting the State (including political subdivisions of the State) in addressing the impacts of the development; (3) although the Northern Cheyenne tribal community chronically suffers harsh economic conditions and severe deficits in public services and facilities, the community does not share in any significant portion of the public revenues generated by surrounding energy development; (4) the Northern Cheyenne Tribe has few, if any, sources of revenue available to address development impacts; (5) in 2002, the Tribe brought suit against the Secretary, asserting that the proposed conveyances of the extensive Federal coal tracts to the State under the Department of the Interior and Related Agencies Appropriations Act, 1998 (Public Law 105-83; 111 Stat. 1543) would violate-- (A) several Federal laws (including regulations); and (B) the Federal trust responsibility to the Tribe; (6) subsequently, the Tribe withdrew the suit described in paragraph (5) with prejudice, based in substantial part on commitments that legislation substantially in the form of this Act (and further legislation providing funding to the Tribe to address the impacts of coal development in areas adjoining the Reservation) would be introduced and pursued with support from the State, Great Northern Properties, and others; (7) the Tribe asserts that the Tribe retains claims against the United States arising from the failure of the United States to acquire mineral rights underlying approximately 5,000 acres of Reservation land when the Reservation, at the direction of Congress, was expanded eastward to the Tongue River in 1900, the mineral rights of which, as of the date of enactment of this Act, are owned by Great Northern Properties; and (8) if the conveyances of mineral rights are carried out under this Act, the Tribe will waive all legal claims against the United States arising from the longstanding and continuing loss of the Tribe of mineral rights relating to the Reservation land. SEC. 3. DEFINITIONS. In this Act: (1) Cheyenne tracts.--The term ``Cheyenne tracts'' means the aggregate tract of land that-- (A) is located in the eastern portion of the State within the boundaries of the Reservation; (B) comprises approximately 5,000 acres; (C) is generally depicted on the map entitled ``Cheyenne Coal Land Conveyance'' and dated April 7, 2010; and (D) is comprised of land located in-- (i) T. 2 S., R. 44 E., sec. 17; (ii) T. 2 S., R. 44 E., sec. 19, E\1/2\ and E\1/2\W\1/2\, Lots 1-4; (iii) T. 3 S., R. 44 E., sec. 5, S\1/2\ and S\1/2\N\1/2\, Lots 1-4; (iv) T. 3 S., R. 44 E., sec. 7, E \1/2\ and E\1/2\W\1/2\, Lots 1-4; (v) T. 3 S., R. 44 E., sec. 9, N\1/2\, SW\1/4\, and W\1/2\SE\1/4\, Lots 2-4; (vi) T. 3 S., R. 44 E., sec. 17; (vii) T. 3 S., R. 44 E., sec. 19, E\1/2\ and E\1/2\W\1/2\, Lots 1-4; and (viii) T. 3 S., R. 44 E., sec. 21, N\1/2\, SW\1/4\, and SW\1/4\ SE\1/4\, Lots 1 and 2. (2) Federal tracts.--The term ``Federal tracts'' means the unleased tracts of land that-- (A) are located in the State; (B) are located outside of the boundaries of the Reservation; (C) consist of approximately 5,000 acres; (D) are generally depicted on the map entitled ``Federal Coal Land Conveyance'' and dated March 18, 2011; and (E) are comprised of land located in-- (i) T. 3 S., R. 44 E., sec. 26, S\1/2\; (ii) T. 3 S., R. 44 E., sec. 34; (iii) T. 3 S., R. 45 E., sec. 30, E\1/ 2\SW\1/4\ and SE\1/4\, Lots 1-4; (iv) T. 4 S., R. 44 E., sec. 2, S\1/2\N\1/ 2\ and S\1/2\, Lots 1-4; (v) T. 6 N., R. 27 E., sec. 4, S\1/2\N\1/2\ and S\1/2\, Lots 1-4; (vi) T. 6 N., R. 27 E., sec. 8; (vii) T. 6 N., R. 27 E., sec. 10; (viii) T. 6 N., R. 27 E., sec. 14; and (ix) T. 6 N., R. 27 E., sec. 22. (3) Great northern properties.--The term ``Great Northern Properties'' means-- (A) the Great Northern Properties Limited Partnership, which is a Delaware limited partnership; and (B) any successor to the ownership interest of Great Northern Properties in any coal or iron that underlies the Cheyenne tracts. (4) Reservation.--The term ``Reservation'' means the Northern Cheyenne Reservation. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (6) State.--The term ``State'' means the State of Montana. (7) Tribe.--The term ``Tribe'' means the Northern Cheyenne Tribe. SEC. 4. MINERAL RIGHTS CONVEYANCES. (a) In General.--Notwithstanding any other Federal law (including regulations) that otherwise applies to the conveyance of any Federal coal right, title, or interest, if Great Northern Properties conveys to the Tribe all mineral interests of Great Northern Properties underlying the Cheyenne tracts in accordance with this Act, the Secretary shall convey to Great Northern Properties all right, title, and interest of the United States in and to the coal underlying the Federal tracts. (b) Immunities.--The mineral interests underlying the Cheyenne tracts conveyed to the Tribe under subsection (a) shall not be subject to taxation by the State (including any political subdivision of the State). SEC. 5. TERMS AND CONDITIONS OF MINERAL CONVEYANCES. (a) Waiver of Legal Claims.--In return for the mineral conveyances under section 4(a), the Tribe shall waive each claim relating to the failure of the United States to acquire in trust for the Tribe as part of the Reservation the private mineral interests underlying the Cheyenne tracts. (b) Condition.--As a condition of the mineral conveyances by the Secretary under section 4(a), the Tribe and Great Northern Properties shall jointly notify the Secretary in writing that the Tribe and Great Northern Properties have agreed on a formula for the sharing of revenue from coal produced from any portion of the Federal tracts. (c) Completion of Mineral Conveyances.--Notwithstanding any other Federal law (including regulations) that otherwise applies to the conveyance of any Federal coal right, title, or interest, after satisfaction of the condition described in subsection (b) and not later than 90 days after the date on which the Secretary receives written notification under subsection (b), the mineral conveyances under section 4(a) shall be completed in a single transaction. (d) Rescission of Mineral Conveyances.-- (1) In general.--If any portion of the mineral conveyances under section 4(a) is invalidated by a Federal district court, and the judgment of the Federal district court is not vacated or reversed on appeal, the Secretary or Great Northern Properties may rescind completely each mineral conveyance under section 4(a). (2) Effect.--If the Secretary or Great Northern Properties carries out a rescission under paragraph (1), the waiver of the Tribe under subsection (a) shall be considered to be rescinded. SEC. 6. ELIGIBILITY FOR OTHER FEDERAL BENEFITS. No sums or other benefits provided to the Tribe under this Act shall result in the reduction or denial of any Federal services, benefits, or programs to the Tribe or to any member of the Tribe to which the Tribe or member is entitled or eligible because of-- (1) the status of the Tribe as a federally recognized Indian tribe; or (2) the status of the member as a member of the Tribe. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act such sums as are necessary. | Montana Mineral Conveyance Act - Requires the Secretary of the Interior, if Great Northern Properties Limited Partnership (the Great Northern Properties) conveys to the Northern Cheyenne Indian Tribe all its mineral interests underlying specified aggregate tracts of land in Montana within the Tribe's reservation (the Cheyenne tracts), to convey to Great Northern Properties all interest of the United States in and to the coal underlying specified unleased federal tracts in Montana outside of the Tribe's reservation. Requires the Northern Cheyenne Tribe to waive each legal claim relating to the failure of the United States to acquire in trust for the Tribe the private mineral interests underlying the Cheyenne tracts as part of the Tribe's reservation. Instructs the Northern Cheyenne Tribe and Great Northern Properties to jointly notify the Secretary in writing when they have agreed on a formula for the sharing of revenue from the coal produced from the federal tracts. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Accountability and Innovative Research Drug Pricing Act of 2017''. SEC. 2. REPORTING ON JUSTIFICATION FOR DRUG PRICE INCREASES. Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by adding at the end the following: ``PART W--DRUG PRICE REPORTING; DRUG VALUE FUND ``SEC. 399OO. REPORTING ON JUSTIFICATION FOR DRUG PRICE INCREASES. ``(a) Definitions.--In this section: ``(1) Manufacturer.--The term `manufacturer' means the person-- ``(A) that holds the application for a drug approved under section 505 of the Federal Food, Drug, and Cosmetic Act or the license issued under section 351 of the Public Health Service Act; or ``(B) who is responsible for setting the price for the drug. ``(2) Qualifying drug.--The term `qualifying drug' means any drug that is approved under subsection (c) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act or licensed under subsection (a) or (k) of section 351 of this Act-- ``(A) that has a wholesale acquisition cost of $100 or more per month supply, or per a course of treatment that lasts less than a month, and is-- ``(i)(I) subject to section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act; or ``(II) commonly administered by hospitals (as determined by the Secretary); ``(ii) not designated as a drug for a rare disease or condition under section 526 of the Federal Food, Drug, and Cosmetic Act; and ``(iii) not designated by the Secretary as a vaccine; and ``(B) for which, during the previous calendar year, at least 1 dollar of the total amount of sales were for individuals enrolled under the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) or under a State Medicaid plan under title XIX of such Act (42 U.S.C. 1396 et seq.) or under a waiver of such plan. ``(3) Wholesale acquisition cost.--The term `wholesale acquisition cost' has the meaning given that term in section 1847A(c)(6)(B) of the Social Security Act (42 U.S.C. 1395w- 3a(c)(6)(B)). ``(b) Report.-- ``(1) Report required.--The manufacturer of a qualifying drug shall submit a report to the Secretary for each price increase of a qualifying drug that will result in an increase in the wholesale acquisition cost of that drug that is equal to-- ``(A) 10 percent or more over a 12-month period; or ``(B) 25 percent or more over a 36-month period. ``(2) Report deadline.--Each report described in paragraph (1) shall be submitted to the Secretary not later than 30 days prior to the planned effective date of such price increase. ``(c) Contents.--A report under subsection (b) shall, at a minimum, include-- ``(1) with respect to the qualifying drug-- ``(A) the percentage by which the manufacturer will raise the wholesale acquisition cost of the drug on the planned effective date of such price increase; ``(B) a justification for, and description of, each manufacturer's price increase that occurred during the 12-month period described in subsection (b)(1)(A) or the 36-month period described in subsection (b)(1)(B), as applicable; ``(C) the identity of the initial developer of the drug; ``(D) a description of the history of the manufacturer's price increases for the drug since the approval of the application for the drug under section 505 of the Federal Food, Drug, and Cosmetic Act or the issuance of the license for the drug under section 351, or since the manufacturer acquired such approved application or license; ``(E) the current list price of the drug; ``(F) the total expenditures of the manufacturer on-- ``(i) materials and manufacturing for such drug; and ``(ii) acquiring patents and licensing for such drug; ``(G) the percentage of total expenditures of the manufacturer on research and development for such drug that was derived from Federal funds; ``(H) the total expenditures of the manufacturer on research and development for such drug that is used for-- ``(i) basic and preclinical research; ``(ii) clinical research; ``(iii) new drug development; ``(iv) pursuing new or expanded indications for such drug through supplemental applications under section 505 of the Federal Food, Drug, and Cosmetic Act; and ``(v) carrying out postmarket requirements related to such drug, including those under section 505(o)(3) of such Act; ``(I) the total revenue and the net profit generated from the qualifying drug for each calendar year since the approval of the application for the drug under section 505 of the Federal Food, Drug, and Cosmetic Act or the issuance of the license for the drug under section 351, or since the manufacturer acquired such approved application or license; and ``(J) the total costs associated with marketing and advertising for the qualifying drug; ``(2) with respect to the manufacturer-- ``(A) the total revenue and the net profit of the manufacturer for the 12-month period described in subsection (b)(1)(A) or the 36-month period described in subsection (b)(1)(B), as applicable; ``(B) all stock-based performance metrics used by the manufacturer to determine executive compensation for the 12-month period described in subsection (b)(1)(A) or the 36-month period described in subsection (b)(1)(B), as applicable; and ``(C) any additional information the manufacturer chooses to provide related to drug pricing decisions, such as total expenditures on-- ``(i) drug research and development; or ``(ii) clinical trials on drugs that failed to receive approval by the Food and Drug Administration; and ``(3) such other related information as the Secretary considers appropriate. ``(d) Civil Penalty.--Any manufacturer of a qualifying drug that fails to submit a report for the drug as required by this section shall be subject to a civil penalty of $100,000 for each day on which the violation continues. ``(e) Public Posting.-- ``(1) In general.--Subject to paragraph (3), not later than 30 days after the submission of a report under subsection (b), the Secretary shall post the report on the public Web site of the Department of Health and Human Services. ``(2) Format.--In developing the format of such report for public posting, the Secretary shall consult stakeholders, including beneficiary groups, and shall seek feedback on the content and format from consumer advocates and readability experts to ensure such public reports are user-friendly to the public and are written in plain language that consumers can readily understand. ``(3) Trade secrets and confidential information.--In carrying out this section the Secretary shall enforce current law concerning the protection of confidential commercial information and trade secrets.''. ``SEC. 399OO-1. USE OF CIVIL PENALTY AMOUNTS. ``The Secretary shall collect the civil penalties under section 399OO, in addition to any other amounts available, and without further appropriation, and shall use such funds to carry out activities described in this part and to improve consumer and provider information about drug value and drug price transparency. ``SEC. 399OO-2. ANNUAL REPORT TO CONGRESS. ``(a) In General.--Subject to subsection (b), the Secretary shall submit to Congress, and post on the public Web site of the Department of Health and Human Services in a way that is easy to find, use, and understand, an annual report-- ``(1) summarizing the information reported pursuant to section 399OO; and ``(2) including copies of the reports and supporting detailed economic analyses submitted pursuant to such section. ``(b) Trade Secrets and Confidential Information.--In carrying out this section the Secretary shall enforce current law concerning the protection of confidential commercial information and trade secrets.''. | Fair Accountability and Innovative Research Drug Pricing Act of 2017 This bill amends the Public Health Service Act to require manufacturers of certain drugs and biological products with a wholesale cost of $100 or more per month to report to the Department of Health and Human Services (HHS) price increases that result in a 10% or more increase in the cost of a drug over a 12-month period or a 25% or more increase over a 36-month period. Reports are required for prescription drugs and drugs commonly administered in hospitals, except vaccines, drugs for rare conditions, and drugs with annual sales for Medicare and Medicaid enrollees of less than $1. Reports must contain specified information including pricing history and a justification for each price increase in the relevant period. Manufacturers that do not submit a required report are subject to a civil penalty. Collected penalty funds must be used to carry out activities related to this reporting requirement and to improve consumer and provider information about drug value and drug price transparency. HHS must publish manufacturer reports, a summary of those reports, and supporting analyses. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Right-to-Ride Livestock on Federal Lands Act of 2004''. SEC. 2. USE AND ACCESS OF PACK AND SADDLE ANIMALS ON PUBLIC LANDS. (a) National Park System Lands.--Section 12 of Public Law 91-383 (16 U.S.C. 1a-7) is amended by adding at the end the following new subsection: ``(c) Use and Access of Pack and Saddle Animals.-- ``(1) General rule.--The Secretary of the Interior shall provide for the management of National Park System lands to preserve and facilitate the continued use and access of pack and saddle stock animals on such lands, including wilderness areas, national monuments, and other specifically designated areas, where there is a historical tradition of such use. As a general rule, all trails, routes, and areas used by pack and saddle stock shall remain open and accessible for such use. The Secretary may implement a proposed reduction in the use and access of pack and saddle stock animals on such lands only after complying with the full review process required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). ``(2) Rules of construction.--Nothing in paragraph (1) shall be construed-- ``(A) to authorize the Secretary to refuse to issue a permit for a new use of pack and saddle stock animals, including use by a commercial outfitter or guide, without complying with applicable resource management plans and planning processes required under this Act or any other provision of law; ``(B) to limit the authority of the Secretary to impose a temporary emergency closure of a trail, route, or area to pack and saddle stock animals or issue special permits; or ``(C) to create a preference for one recreational use for any unit of the National Park System, without consideration of the stated purpose of the unit.''. (b) Bureau of Land Management Lands.--Section 302 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1732) is amended by adding at the end the following new subsection: ``(e) Use and Access of Pack and Saddle Animals.-- ``(1) General rule.--The Secretary shall provide for the management of public lands to preserve and facilitate the continued use and access of pack and saddle stock animals on such lands, including wilderness areas, national monuments, and other specifically designated areas, where there is a historical tradition of such use. As a general rule, all trails, routes, and areas used by pack and saddle stock shall remain open and accessible for such use. The Secretary may implement a proposed reduction in the use and access of pack and saddle stock animals on such lands only after complying with the full review process required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). ``(2) Rules of construction.--Nothing in paragraph (1) shall be construed-- ``(A) to authorize the Secretary to refuse to issue a permit for a new use of pack and saddle stock animals, including use by a commercial outfitter or guide, without complying with applicable resource management plans and planning processes required under this Act or any other provision of law; ``(B) to limit the authority of the Secretary to impose a temporary emergency closure of a trail, route, or area to pack and saddle stock animals or issue special permits; or ``(C) to create a preference for one recreational use for any area of the public lands, without consideration of the stated purpose of the area.''. (c) National Wildlife Refuge System Lands.--Section 4(d) of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd(d)) is amended by adding at the end the following new paragraph: ``(5)(A) The Secretary shall provide for the management of System lands to preserve and facilitate the continued use and access of pack and saddle stock animals on such lands, including wilderness areas, national monuments, and other specifically designated areas, where there is a historical tradition of such use. As a general rule, all trails, routes, and areas used by pack and saddle stock shall remain open and accessible for such use. The Secretary may implement a proposed reduction in the use and access of pack and saddle stock animals on such lands only after complying with the full review process required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). ``(B) Nothing in subparagraph (A) shall be construed-- ``(i) to authorize the Secretary to refuse to issue a permit for a new use of pack and saddle stock animals, including use by a commercial outfitter or guide, without complying with applicable resource management plans and planning processes required under this Act or any other provision of law; ``(ii) to limit the authority of the Secretary to impose a temporary emergency closure of a trail, route, or area to pack and saddle stock animals or issue special permits; or ``(iii) to create a preference for one recreational use for any unit of the System, without consideration of the stated purpose of the unit.''. (d) National Forest System Lands.--Section 15 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1613) is amended-- (1) by inserting ``(a)'' before ``Regulations''; and (2) by adding at the end the following new subsection: ``(b) Use and Access of Pack and Saddle Animals.-- ``(1) General rule.--The Secretary shall provide for the management of National Forest System lands to preserve and facilitate the continued use and access of pack and saddle stock animals on such lands, including wilderness areas, national monuments, and other specifically designated areas, where there is a historical tradition of such use. As a general rule, all trails, routes, and areas used by pack and saddle stock shall remain open and accessible for such use. The Secretary may implement a proposed reduction in the use and access of pack and saddle stock animals on such lands only after complying with the full review process required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). ``(2) Rules of construction.--Nothing in paragraph (1) shall be construed-- ``(A) to authorize the Secretary to refuse to issue a permit for a new use of pack and saddle stock animals, including use by a commercial outfitter or guide, without complying with applicable resource management plans and planning processes required under this Act or any other provision of law; ``(B) to limit the authority of the Secretary to impose a temporary emergency closure of a trail, route, or area to pack and saddle stock animals or issue special permits; or ``(C) to create a preference for one recreational use for any unit of the National Forest System, without consideration of the stated purpose of the unit.''. (e) Issuance of Rules.--Not later than 120 days after the date of the enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture shall issue final rules to define the meaning of a historical tradition of use of pack and saddle stock animals on Federal lands for purposes of the amendments made by this section. Passed the House of Representatives September 21, 2004. Attest: JEFF TRANDAHL, Clerk. | Right-to-Ride Livestock on Federal Lands Act of 2004 - Amends Public Law 91-383 to direct the Secretary of the Interior to preserve and facilitate the continued use and access of pack and saddle stock animals on parts of National Park System lands where there is a historical tradition of such use. Directs that as a general rule, all trails, routes, and areas used by such animals shall remain open and accessible for such use. Allows the Secretary of the Interior to implement a proposed reduction in the use and access of pack and saddle stock animals on such lands only after complying with the full review process required under the National Environmental Policy Act of 1969. Makes the same amendments to other laws regarding other public lands as follows: (1) the Federal Land Policy and Management Act of 1976, with respect to Bureau of Land Management lands; (2) the National Wildlife Refuge System Administration Act of 1966, with respect to National Wildlife Refuge System lands; and (3) the Forest and Rangeland Renewable Resources Planning Act of 1974, with respect to National Forest System lands (with the Secretary directed to act in this case being the Secretary of Agriculture). Prohibits: (1) the Secretary from refusing to issue a permit for a new use of pack and saddle stock animals, including use by a commercial outfitter or guide, without complying with applicable resource management plans and planning processes required under each such law regarding public lands described above or any other provision of law; (2) limiting the Secretary's authority to impose a temporary emergency closure of a trail, route, or area to pack and saddle stock animals or issue special permits; or (3) creating a preference for one recreational use for any unit of the National Park System, without consideration of the unit's stated purpose. Directs the Secretaries of the Interior and Agriculture to issue final rules to define the meaning of a historical tradition of use of pack and saddle stock animals on Federal lands for purposes of this Act. |
SECTION 1. CONSENT OF CONGRESS. (a) In General.--The consent and approval of Congress is given to an interstate forest fire protection compact, as set out in subsection (b). (b) Compact.--The compact reads substantially as follows: ``THE GREAT PLAINS WILDLAND FIRE PROTECTION AGREEMENT ``THIS AGREEMENT is entered into by and between the State, Provincial and Territorial wildland fire protection agencies signatory hereto, hereinafter referred to as `Members'. ``FOR, AND IN CONSIDERATION OF the following terms and conditions, the Members agree: ``ARTICLE I ``The purpose of this compact is to promote effective prevention and control of forest fires in the Great Plains region of the United States by the maintenance of adequate forest fire fighting services by the member states, and by providing for reciprocal aid in fighting forest fires among the compacting states of the region, including South Dakota, North Dakota, Wyoming, Colorado, and any adjoining sate of a current member state. ``ARTICLE II ``This compact is operative immediately as to those states ratifying it if any two or more of the member states have ratified it. ``ARTICLE III ``In each state, the state forester or officer holding the equivalent position who is responsible for forest fire control may act as compact administrator for that state and may consult with like officials of the other member states and may implement cooperation between the states in forest fire prevention and control. The compact administrators of the member states may organize to coordinate the services of the member states and provide administrative integration in carrying out the purposes of this compact. Each member state may formulate and put in effect a forest fire plan for that state. ``ARTICLE IV ``If the state forest fire control agency of a member state requests aid from the state forest fire control agency of any other member state in combating, controlling, or preventing forest fires, the state forest fire control agency of that state may render all possible aid to the requesting agency, consonant with the maintenance of protection at home. ``ARTICLE V ``If the forces of any member state are rendering outside aid pursuant to the request of another member state under this compact, the employees of the state shall, under the direction of the officers of the state to which they are rendering aid, have the same powers (except the power of arrest), duties, rights, privileges, and immunities as comparable employees of the state to which they are rendering aid. ``No member state or its officers or employees rendering outside aid pursuant to this compact is liable on account of any act or omission on the part of such forces while so engaged, or on account of the maintenance or use of any equipment or supplies in connection with rendering the outside aid. ``All liability, except as otherwise provided in this compact, that may arise either under the laws of the requesting state or under the laws of the aiding state or under the laws of a third state on account of or in connection with a request for aid, shall be assumed and borne by the requesting state. ``Any member state rendering outside and pursuant to this compact shall be reimbursed by the member state receiving the aid for any loss or damage to, or expense incurred in the operation of any equipment answering a request for aid, and for the cost of all materials, transportation, wages, salaries, and maintenance of employees and equipment incurred in connection with such request. However, nothing in this compact prevents any assisting member state from assuming such loss, damage, expense, or other cost or from loaning such equipment or from donating such services to the receiving member state without charge or cost. ``Each member state shall assure that workers compensation benefits in conformity with the minimum legal requirements of the state are available to all employees and contract firefighters sent to a requesting state pursuant to this compact. ``For the purposes of this compact the term, employee, includes any volunteer or auxiliary legally included within the forest fire fighting forces of the aiding state under the laws of the aiding state. ``The compact administrators may formulate procedures for claims and reimbursement under the provisions of this article, in accordance with the laws of the member states. ``ARTICLE VI ``Ratification of this compact does not affect any existing statute so as to authorize or permit curtailment or diminution of the forest fighting forces, equipment, services, or facilities of any member state. ``Nothing in this compact authorizes or permits any member state to curtail or diminish its forest fire fighting forces, equipment, services, or facilities. Each member state shall maintain adequate forest fighting forces and equipment to meet demands for forest fire protection within its borders in the same manner and to the same extent as if this compact were not operative. ``Nothing in this compact limits or restricts the powers of any state ratifying the compact to provide for the prevention, control, and extinguishment of forest fires, or to prohibit the enactment or enforcement of state laws, rules, or regulations intended to aid in the prevention, control, and extinguishment in the state. ``Nothing in this compact affects any existing or future cooperative relationship or arrangement between the United States Forest Service and a member state or states. ``ARTICLE VII ``Representatives of the United States Forest Service may attend meetings of the compact administrators. ``ARTICLE VIII ``The provisions of Articles IV and V of this compact that relate to reciprocal aid in combating, controlling, or preventing forest fires are operative as between any state party to this compact and any other state which is party to this compact and any other state that is party to a regional forest fire protection compact in another region if the Legislature of the other state has given its assent to the mutual aid provisions of this compact. ``ARTICLE IX ``This compact shall continue in force and remain binding on each state ratifying it until the Legislature or the Governor of the state takes action to withdraw from the compact. Such action in not effective until six months after notice of the withdrawal has been sent by the chief executive of the state desiring to withdraw to the chief executives of all states then parties to the compact.''. | Grants the consent and approval of Congress to the interstate forest fire protection compact for the Great Plains region of the United States set forth in this Act. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Opportunities in Cooperative Education And New Research Partnerships Act'' or the ``OCEAN Research Partnerships Act''. SEC. 2. AMENDMENT REFERENCES. Except as otherwise specifically provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a provision, the reference shall be considered to be made to a provision of the National Sea Grant College Program Act (33 U.S.C. 1121 et seq.). SEC. 3. REPEAL OF COORDINATION REQUIREMENT. Section 9 of the National Sea Grant College Program Amendments of 2002 (33 U.S.C. 857-20) is repealed. SEC. 4. NATIONAL SEA GRANT COLLEGE PROGRAM. (a) Program Objectives.--Section 202(b) (33 U.S.C. 1121(b)) is amended by inserting ``for research, education, extension services, training, technology transfer, and public service'' after ``assistance''. (b) Allocation of Funding to Sea Grant Programs and Projects.-- Section 204(d)(3) (33 U.S.C. 1123(d)(3)) is amended-- (1) in the matter preceding subparagraph (A), by striking ``sea grant colleges and sea grant institutes'' and inserting ``sea grant colleges, sea grant institutes, sea grant programs, and projects,''; and (2) in subparagraph (B), by striking ``sea grant colleges and sea grant institutes'' and inserting ``sea grant colleges, sea grant institutes, sea grant programs, and projects,''. SEC. 5. DEAN JOHN A. KNAUSS MARINE POLICY FELLOWSHIPS. (a) Amendments.--Section 208(b) (16 U.S.C. 1127(b)) is amended-- (1) by striking ``The Secretary may'' and inserting the following: ``(1) In general.--The Secretary, subject to the availability of appropriations, shall''; (2) by inserting after ``Government.'' the following: ``(2) Placement priorities.--In placing fellows in the legislative branch each year under this section the Secretary shall give priority to-- ``(A) positions in offices of, or with Members on, committees of Congress that have jurisdiction over the National Oceanic and Atmospheric Administration; or ``(B) positions in offices of Members of Congress that have a demonstrated interest in ocean, coastal, or Great Lakes resources. ``(3) Duration.--''; and (3) by adding at the end the following: ``(4) Direct hire authority.-- ``(A) In general.--During fiscal year 2016 and thereafter, the head of any Federal agency may, subject to the availability of appropriations, appoint, without regard to the provisions of subchapter I of chapter 33 of title 5, United States Code, other than sections 3303 and 3328 of that title, a qualified candidate described in subparagraph (B) directly to a position with any Federal agency for which the candidate meets Office of Personnel Management qualification standards. ``(B) Dean john a. knauss marine policy fellows.-- An individual shall be a qualified candidate described in subparagraph (B) if the individual is a former recipient of a fellowship under this subsection who-- ``(i) earned a graduate or postgraduate degree, including a professional degree, in a field related to ocean, coastal, or Great Lakes science, resource management, law, or policy from an accredited institution of higher education; and ``(ii) successfully fulfilled the requirements of the fellowship. ``(C) Deadline for exercise of direct appointment authority.--The head of a Federal agency may not exercise direct appointment authority under this paragraph with respect to a specific qualified candidate after the end of the 3-year period beginning on the date the candidate completes fulfillment of the requirements of the candidate's fellowship under this subsection.''. (b) Application of Placement Priorities.--The amendment made by subsection (a)(2) of this section shall apply beginning with respect to the first calendar year beginning after the date of enactment of this Act. SEC. 6. NATIONAL SEA GRANT ADVISORY BOARD REPORTS. Section 209(b)(2) (33 U.S.C. 1128(b)(2)) is amended-- (1) in the heading, by striking ``Biennial'' and inserting ``Periodic''; (2) by striking ``The Board shall report to the Congress every two years'' and inserting ``Not less frequently than once every 3 years, the Board shall submit to Congress a report''; and (3) by inserting before the last sentence the following: ``(3) Availability of resources of department of commerce.--''. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. Section 212 (33 U.S.C. 1131) is amended-- (1) by amending subsection (a) to read as follows: ``(a) Authorization.-- ``(1) In general.--There is authorized to be appropriated to the Secretary to carry out this subchapter-- ``(A) $75,600,000 for fiscal year 2016; ``(B) $79,380,000 for fiscal year 2017; ``(C) $83,350,000 for fiscal year 2018; ``(D) $87,520,000 for fiscal year 2019; ``(E) $91,900,000 for fiscal year 2020; and ``(F) $96,500,000 for fiscal year 2021. ``(2) Priority activities for fiscal years 2016 through 2021.--In addition to the amounts authorized under paragraph (1), there is authorized to be appropriated $18,000,000 for each of fiscal years 2016 through 2021 for competitive grants for the following: ``(A) University research on the biology, prevention, and control of aquatic nonnative species. ``(B) University research on oyster diseases, oyster restoration, and oyster-related human health risks. ``(C) University research on the biology, prevention, and forecasting of harmful algal blooms. ``(D) University research, education, training, and extension services and activities focused on coastal resilience and United States working waterfronts and other regional or national priority issues identified in the strategic plan under section 204(c)(1). ``(E) University research on sustainable aquaculture techniques and technologies. ``(F) Fishery extension activities conducted by sea grant colleges or sea grant institutes to enhance, and not supplant, existing core program funding.''; (2) by amending subsection (b) to read as follows: ``(b) Limitations.-- ``(1) Administration.-- ``(A) In general.--There may not be used for administration of programs under this title in a fiscal year more than 5.5 percent of the lesser of-- ``(i) the amount authorized to be appropriated under this title for the fiscal year; or ``(ii) the amount appropriated under this title for the fiscal year. ``(B) Critical staffing requirements.-- ``(i) In general.--The Director shall use the authority under subchapter VI of chapter 33 of title 5, United States Code, and section 1129 of this title, to meet any critical staffing requirement while carrying out the activities authorized in this title. ``(ii) Exception from cap.--For purposes of subparagraph (A), any costs incurred as a result of an exercise of authority as described in clause (i) shall not be considered an amount used for administration of programs under this title in a fiscal year.''; (3) by striking subsection (c) and redesignating subsections (d) and (e) as subsections (c) and (d), respectively; and (4) in subsection (d), as so redesignated, by-- (A) striking ``The amount'' and inserting the following: ``(1) In general.--The amount''; and (B) adding at the end the following: ``(2) Exception for prize competition.--Notwithstanding paragraph (1), funds for announced prizes otherwise authorized shall remain available, without fiscal year limitation, until the prize is claimed or the offer is withdrawn.''. SEC. 8. TECHNICAL CORRECTIONS. The National Sea Grant College Program Act (33 U.S.C. 1121 et seq.) is amended-- (1) in section 202(a)(6) (33 U.S.C. 1121(a)(6)), by striking ``management, management,'' and inserting ``management,''; and (2) in section 204(d)(3)(B) (33 U.S.C. 1123(d)(3)(B)), by moving clause (vi) two ems to the right. | Opportunities in Cooperative Education And New Research Partnerships Act or the OCEAN Research Partnerships Act This bill amends the National Sea Grant College Program Act to revise and reauthorize through FY2021 the National Sea Grant College Program. The National Oceanic and Atmospheric Administration (NOAA) must award Dean John A. Knauss Marine Policy Fellowships. Currently, NOAA has discretion in awarding such fellowships. These fellowships support the placement of graduate students in fields related to ocean, coastal, and Great Lakes resources in positions with the executive and legislative branches. In placing marine policy fellows in the legislative branch, NOAA must give priority to positions in: (1) offices or committees of Congress that have jurisdiction over NOAA; and (2) offices of Members of Congress that have a demonstrated interest in ocean, coastal, or Great Lakes resources. The bill authorizes through FY2021 grants for university research on: (1) the biology, prevention, and control of aquatic nonnative species; (2) oyster diseases, oyster restoration, and oyster-related human health risks; (3) the biology, prevention, and forecasting of harmful algal blooms; and (4) sustainable aquaculture techniques and technologies. The bill also authorizes through FY2021 grants for: (1) fishery extension activities conducted by sea grant colleges or sea grant institutes to enhance existing core program funding, and (2) priority issues identified in the National Sea Grant Program's strategic plan. |
SECTION 1. PROMPT CONSIDERATION OF CERTAIN PETITIONS REQUESTING FEDERAL RECOGNITION AS AN INDIAN TRIBE. (a) Time Period for Proposed Finding.--Not later than 6 months after the date of the enactment of this Act, the Secretary shall publish a proposed finding with respect to the petition for Federal recognition of each eligible tribe consistent with part 83 of title 25, Code of Federal Regulations. (b) Time Period for Final Determination.--Not later than one year after the date of the enactment of this Act, the Secretary shall publish a final determination with respect to the petition for Federal recognition of each eligible tribe. (c) Notification; Opt In.-- (1) Notification of tribes.--Not later than 45 days after the date of the enactment of this Act, the Secretary shall notify, in writing, all potentially eligible tribes that they may opt into the expedited procedure for proposed findings and final determinations under this Act and of the provisions of paragraph (2). (2) Opt in.--If, not later than 90 days after the date of the enactment of this Act, a potentially eligible tribe notifies the Secretary, in writing, that the potentially eligible tribe elects to opt into the expedited procedures under this Act, the potentially eligible tribe shall be considered an eligible tribe for the purposes of this Act. Potentially eligible tribes shall not be considered eligible tribes for the purposes of this Act if notification is not made by the potentially eligible tribe in accordance with this paragraph. (d) Number of Members not a Factor.--The number of persons listed on the membership roll contained in a petition for Federal recognition of an eligible tribe shall not be taken into account in considering the petition, except that the Secretary may review the eligibility of individual members or groups listed in a petition in accordance with the provisions of part 83 of title 25, Code of Federal Regulations. (e) Effect of Failure to Comply.--If the Secretary fails to publish a proposed finding required by subsection (a) or a final determination required by subsection (b) by the end of the time period required for the proposed finding or final determination by such subsections, the relevant eligible tribe may seek in the appropriate United States district court a determination by the court of whether the eligible tribe should be recognized as an Indian tribe in accordance with the criteria specified in section 83.7 of title 25, Code of Federal Regulations. In any such action, the court shall treat such failure by the Secretary as final agency action. (f) Review of Adverse Decision.--If the final determination required by subsection (b) refuses to recognize the eligible tribe as an Indian tribe, the eligible tribe may seek, during the one-year period beginning on the date on which the final determination is published, a review of the determination in the appropriate United States district court, notwithstanding the availability of other administrative remedies. (g) Consideration of Other Petitions.--Until the Secretary has published a proposed finding with respect to the petition of each eligible tribe as required under subsection (a), no other petition for recognition as an Indian tribe may be processed except those listed as having a status of ``Active'' or ``In Post-Final Decision Appeal Process'' by the Department of the Interior on July 1, 2004. (h) No Change in Criteria.--Nothing in this Act shall be construed to change the criteria established by the Department of the Interior to determine whether or not a petitioner meets the requirements to be a federally recognized tribe. (i) Definitions.--For the purposes of this Act, the following definitions apply: (1) Eligible tribe.--The term ``eligible tribe'' means a tribe that-- (A) has made an initial application for recognition as an Indian tribe to the Department of the Interior before October 17, 1988; (B) is listed as having a status of ``Ready, Waiting for Active Consideration'' by the Department of the Interior on July 1, 2004; and (C) not later than 90 days after the date of the enactment of this Act, notifies the Secretary, in writing, that it opts to have its petition for recognition as an Indian tribe considered under the expedited procedure for proposed findings and final determinations under this Act. (2) Potentially eligible tribe.--The term ``potentially eligible tribe'' means a tribe that-- (A) has made an initial application for recognition as an Indian tribe to the Department of the Interior before October 17, 1988; (B) is listed as having a status of ``Ready, Waiting for Active Consideration'' by the Department of the Interior on July 1, 2004; and (C) has not notified the Secretary, in writing, whether or not it opts to have its petition for recognition as an Indian tribe considered under the expedited procedure for proposed findings and final determinations under this Act. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior, or a designee of the Secretary. | Requires prompt review by the Secretary of the Interior of the long-standing petitions for Federal recognition of certain eligible Indian tribes. Requires the Secretary to publish final determinations with respect to such petitions within one year after enactment of this Act. Prescribes a procedure for potentially eligible tribes to opt into the expedited procedure for proposed findings and final determinations under this Act. Authorizes such a tribe to seek a recognition determination in the appropriate U.S. district court if the Secretary fails to publish a proposed finding or a final determination by the end of specified time periods. Requires the court, in any such action, to treat such failure by the Secretary as final agency action. Authorizes a tribe also to seek review in such a court of any adverse final determination by the Secretary. Prohibits the processing of any other petitions for recognition as an Indian tribe until the Secretary has published a proposed finding with respect to the petition of each eligible tribe as required by this Act, except those listed as having a status of "Active" or "In Post-Final Decision Appeal Process" by the Department of the Interior on July 1, 2004. Declares that nothing in this Act shall be construed to change the criteria established by the Department to determine whether or not a petitioner meets the requirements to be a federally recognized tribe. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Encourage Initiative and Promote Self-Esteem Act of 2008''. SEC. 2. AMENDMENTS TO TITLE II OF THE SOCIAL SECURITY ACT. (a) In General.--Section 222 of the Social Security Act (42 U.S.C. 422) is amended by adding at the end the following new subsection: ``Special Rules for Benefits Based on Waxing and Waning Medical Condition ``(f)(1) In the case of any qualifying disabled individual-- ``(A) the termination month for purposes of section 223(a)(1) or subsection (d)(1)(G), (e)(1), or (f)(1) of section 202 shall be, in lieu of the termination month otherwise described therein, the third month following the end of the individual's special entitlement period, ``(B) the extent to which benefits of the individual under section 223 or subsection (d), (e), or (f) of section 202 are payable for any month during the individual's special entitlement period shall be determined without regard to whether the individual engages in substantial gainful activity, ``(C) the amount of the individual's monthly insurance benefit payable for any month during the special entitlement period shall not exceed the maximum benefit payment for the month determined under paragraph (4), and ``(D) the Commissioner shall not undertake a review of such individual's disability during any month following a month in which such individual performs services from which such individual earns the greater of $350 or the dollar amount derived for the month for purposes of this subparagraph under paragraph (6). ``(2) For purposes of paragraph (1), the term `qualifying disabled individual' means an individual-- ``(A) who is entitled to disability insurance benefits under section 223, child's insurance benefits under section 202(d) based on the individual's disability, or widow's or widower's insurance benefits under subsection (e) or (f) of section 202 based on the individual's disability, and ``(B) whose disability is based (in whole or in part) on a waxing and waning medical condition. ``(3) For purposes of paragraph (1), the special entitlement period of an individual under this subsection-- ``(A) begins with the month in which the individual becomes entitled to benefits described in paragraph (2)(A), and ``(B) ends with any month during which the Commissioner determines that the impairment on the basis of which such benefits are provided has ceased, does not exist, or is not disabling. ``(4) The amount of a qualifying disabled individual's benefit described in paragraph (2) which is payable for any month under this title commencing with or after such individual's 7th month of entitlement shall not exceed the amount of such benefit otherwise payable under this title, reduced (to not less than zero), by \2/3\ of the individual's excess trial earnings amount for such month. ``(5) For purposes of this paragraph-- ``(A) The term `waxing and waning medical condition' means, in connection with an individual, any medical condition which, prior to the first month of entitlement of the individual, has been certified to the Commissioner by a qualified physician as a condition which, in the case of such individual, may reasonably be expected to involve, in the absence of recovery, periods for which the individual will be able to engage in substantial gainful activity interspersed among periods for which the individual will not, by reason of a lack of adequate and reasonably available assistive technology, be able to engage in substantial gainful activity. ``(B) The term `excess trial earnings' of an individual for any month means the excess (if any) of-- ``(i) the average amount earned by such individual from services performed each month during the most recent test period commencing with or after the first month of the such individual's special entitlement period, over ``(ii) the trial earnings threshold for such month. ``(C) The term `test period' in connection with any month means the period of the first 3 calendar months of the period of 6 calendar months immediately preceding such month. ``(D) The term `trial earnings threshold' for a month means the greater of $670 or the product derived for the month for purposes of this subparagraph under paragraph (6). ``(6) The product derived under this paragraph for any month for purposes of subparagraph (D) of paragraph (1) or subparagraph (D) of paragraph (5) is the product derived by multiplying the dollar amount specified in such subparagraph by the ratio of-- ``(A) the national average wage index (as defined in section 209(k)(1)) for the first of the 2 preceding calendar years, to ``(B) the national average wage index (as so defined) for calendar year 2006. Any such product which is not a multiple of $10 shall be rounded to the next higher multiple of $10 where such product is a multiple of $5 but not of $10 and to the nearest multiple of $10 in any other case. The Secretary shall determine and publish the trial earnings threshold for each month in November of the preceding calendar year.''. (b) Conforming Amendments.-- (1) Termination month.-- (A) Section 223(a)(1) of such Act (42 U.S.C. 423(a)(1)) is amended by inserting, after the first full sentence beginning in the matter following subparagraph (E), the following new sentence: ``The termination month of a qualifying disabled individual (as defined in section 222(f)(2)) shall be determined under section 222(f)(1)(A).''. (B) Section 202(d)(1)(G)(i) of such Act (42 U.S.C. 402(d)(1)(G)(i)) is amended by striking ``activity)'' and inserting ``activity, and, in the case of a qualifying disabled individual (as defined in section 222(f)(2)), the termination month shall be the month determined under section 222(f)(1)(A))''. (C) Section 202(e)(1) of such Act (42 U.S.C. 402(e)(1)) is amended by inserting, after the first full sentence beginning in the matter following subparagraph (F)(ii), the following new sentence: ``The termination month of a qualifying disabled individual (as defined in section 222(f)(2)) shall be determined under section 222(f)(1)(A).''. (D) Section 202(f)(1) of such Act (42 U.S.C. 402(f)(1)) is amended by inserting, after the first full sentence beginning in the matter following subparagraph (F)(ii), the following new sentence: ``The termination month of a qualifying disabled individual (as defined in section 222(f)(2)) shall be determined under section 222(f)(1)(A).''. (2) Conforming amendment to current rules regarding substantial gainful activity by other individuals during extended periods of eligibility.--Section 223(e)(1) of such Act (42 U.S.C. 423(e)(1)) is amended by striking ``No benefit'' and inserting ``In the case of an individual other than a qualifying disabled individual (as defined in section 222(f)(2)), no benefit'', and by striking ``to an individual'' and inserting ``to such individual''. (c) Effective Date.--The amendments made by this section shall apply with respect to individuals who are entitled to disability insurance benefits under section 223 of the Social Security Act, child's insurance benefits under section 202(d) of such Act (based on the individual's disability), or wife's or husband's insurance benefits under subsection (b) or (c) of section 202 of such Act (based on the individual's disability) on or after the date of the enactment of this Act and whose trial work period in connection with such entitlement has not terminated as of such date. SEC. 3. AMENDMENT TO TITLE XVI OF THE SOCIAL SECURITY ACT. (a) In General.--Section 1611 of the Social Security Act (42 U.S.C. 1382) is amended by adding at the end the following new subsection: ``Special Rules for Disability Benefit Based on Waxing and Waning Medical Condition ``(j)(1) In the case of any qualifying disabled individual-- ``(A) the extent to which a benefit under this title by reason of disability is payable with respect to the individual during the special entitlement period of the individual shall be determined without regard to whether the individual is able to engage in substantial gainful activity; ``(B) the amount of the benefit payable for any month during the special entitlement period shall not exceed the maximum benefit payable with respect to the individual for the month, as determined under paragraph (4); and ``(C) the Commissioner shall not undertake a review of the individual's disability during any month following a month in which such individual performs services from which the individual earns the greater of $350 or the dollar amount derived for the month for purposes of section 222(f)(1)(D) under section 222(f)(6). ``(2) For purposes of paragraph (1), the term `qualifying disabled individual' means an individual who is an eligible individual for purposes of this title by reason of disability, and whose disability is based (in whole or in part) on a waxing and waning medical condition. ``(3) For purposes of paragraph (1), the special entitlement period of an individual-- ``(A) begins with the month in which the individual becomes entitled to benefits under this title by reason of disability; and ``(B) ends with any month during which the Commissioner determines that the impairment on the basis of which such benefits are provided has ceased, does not exist, or is not disabling. ``(4) The amount of the benefit of a qualifying disabled individual which is payable for any month under this title commencing with or after the 7th month for which the individual is eligible for benefits under this title by reason of such disability shall not exceed the amount of the benefit otherwise payable under this title, reduced (to not less than zero) by \2/3\ of the individual's excess trial earnings amount for the month. ``(5) For purposes of this subsection: ``(A) The term `waxing and waning medical condition' means, in connection with an individual, any medical condition which, prior to the first month of eligibility of the individual for benefits under this title by reason of disability, has been certified to the Commissioner by a qualified physician as a condition which, in the case of such individual, may reasonably be expected to involve, in the absence of recovery, periods for which the individual will be able to engage in substantial gainful activity interspersed among periods for which the individual will not, by reason of a lack of adequate and reasonably available assistive technology, be able to engage in substantial gainful activity. ``(B) The term `excess trial earnings' of an individual for any month has the meaning given the term in section 222(f)(5)(B). ``(C) The term `test period' in connection with any month has the meaning given the term in section 222(f)(5)(C). ``(D) The term `trial earnings threshold' for a month has the meaning given the term in section 222(f)(5)(D).''. (b) Effective Date.--The amendment made by subsection (a) shall apply to benefits payable for months beginning after the date of the enactment of this Act. | Encourage Initiative and Promote Self-Esteem Act of 2008 - Amends titles II (Old Age, Survivors and Disability Insurance) (OASDI) and XVI (Supplemental Security Income) of the Social Security Act to establish special rules for benefits based on waxing and waning medical conditions in qualified disabled individuals. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Iran Financial System Access Limitation Act of 2016''. SEC. 2. PROHIBITION ON CERTAIN TRANSACTIONS WITH IRAN AND BLOCKING OF PROPERTY WITH RESPECT TO FOREIGN FINANCIAL INSTITUTIONS THAT FACILITATE CERTAIN TRANSACTIONS WITH IRAN. (a) Findings; Sense of Congress.-- (1) Findings.--Congress finds the following: (A) A nuclear capable Iran poses a direct threat to the United States and its allies around the world. (B) Nothing in the Joint Comprehensive Plan of Action obligates the United States to lift financial sanctions with respect to Iran, and in fact, unilateral sanctions have proven effective in achieving foreign policy aims of the United States. (C) Iran has violated United Nations Security Council Resolutions 1929 (2010) and 2231 (2015), which form the basis of the Joint Comprehensive Plan of Action. (D) The goal of imposing economic sanctions with respect to Iran was to penalize Iran for its pursuit of nuclear weapons for illicit purposes. (E) In spite of the fact that Iran has violated the resolutions specified in paragraph (3) and destroyed the intent of the Joint Comprehensive Plan of Action, President Barack Obama has voluntarily paid the Government of Iran $1,700,000,000 in a settlement of a claim before the Iran-United States Claims Tribunal. (F) After giving the Government of Iran further access to global assets, President Obama has now indicated that he is prepared to give Iran access to United States dollars. (G) Continuing his governance by executive fiat, President Obama is giving Iran access to United States dollars in a manner that evades review by Congress. (H) President Obama continues to let Iran dictate the interpretation of the Joint Comprehensive Plan of Action to the people of the United States. (I) Secretary of the Treasury Jack Lew said to the Senate last year that, ``Iranian banks will not be able to clear U.S. dollars through New York'' and that Iranian banks will not ``hold correspondent account relationships with U.S. financial institutions, or enter into financing arrangements with U.S. banks''. (J) Granting access to the United States dollar will strengthen the access of Iran to the global financial system, increase the ability of Iran to conduct illicit transactions in weapons trade, and decrease the minor amount of leverage retained by the United States Government to contain the nuclear ambitions of Iran. (K) The Government of Iran continues to funnel large amounts of money and arms to terrorist organizations that target citizens of the United States and even limited access to United States dollars will strengthen the ability of Iran to support those organizations. (2) Sense of congress.--It is the sense of Congress that-- (A) because Secretary of State John Kerry and President Obama have made inconsistent, conflicting statements about allowing the Government of Iran to access the United States dollar, Congress must act to preempt any move to grant licenses resulting in access to the United States dollar; and (B) Congress must act in the interest of the people of the United States to correct the unconstitutional actions taken by President Obama with respect to Iran. (b) Prohibition of Certain Transactions.-- (1) Issuance of licenses to conduct offshore dollar clearing.--The President may not issue any license under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to an offshore dollar clearing entity to conduct a transaction with an Iranian financial institution in United States dollars. (2) U-turn transactions.--Notwithstanding section 560.516 of title 31, Code of Federal Regulations (as in effect on the day before the date of the enactment of this Act), a United States person may not process any transfer of funds to or from Iran, or for the direct or indirect benefit of persons in Iran or the Government of Iran, even if the transfer arises from, and is ordinarily incident and necessary to give effect to, an underlying transaction. (c) Blocking of Property of Foreign Financial Institutions.--The President shall, in accordance with the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), block and prohibit all transactions in all property and interests in property of any foreign financial institution that serves as an offshore dollar clearing entity to conduct a transaction with an Iranian financial institution in United States dollars if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (d) Report Before Providing Iran Access to the United States Dollar.--Not later than 30 days before the President implements any measure that would provide access to the United States dollar to the Government of Iran or an Iranian person, the President shall submit to Congress a report that describes the measure. (e) Termination.--This section shall terminate only on the date on which the President certifies to Congress that Iran is no longer a state sponsor of terrorism (as defined in section 301 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8541)). (f) Definitions.--In this section: (1) Foreign financial institution.--The term ``foreign financial institution'' has the meaning of that term as determined by the Secretary of the Treasury pursuant to section 104(i) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8513(i)). (2) Iranian financial institution.--The term ``Iranian financial institution'' has the meaning given that term in section 104A(d) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8513b(d)). | Iran Financial System Access Limitation Act of 2016 This bill expresses the sense of Congress that Congress must act to preempt any move to grant licenses resulting in Iran's access to the U.S. dollar. The President may not issue a license to an offshore dollar-clearing entity to conduct a transaction in U.S. dollars with an Iranian financial institution. A U.S. person may not process (in a U-turn transaction) any transfer of funds to or from Iran, or for the benefit of persons in Iran or the government of Iran, even if the transfer arises from, and is ordinarily incident and necessary to give effect to, an underlying transaction. The President shall block and prohibit transactions in all property and property interests of any foreign financial institution that serves as an offshore dollar clearing entity to conduct a transaction with an Iranian financial institution in U.S. dollars if such property and property interests are in the United States, come within the United States, or are or come within the possession or control of a U.S. person. |
SECTION 1. SHORT TITLE This Act may be cited as the ``Local Law Enforcement Enhancement Act of 2001''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The incidence of violence motivated by the actual or perceived race, color, religion, national origin, gender, sexual orientation, or disability of the victim poses a serious national problem. (2) Such violence disrupts the tranquility and safety of communities and is deeply divisive. (3) State and local authorities are now and will continue to be responsible for prosecuting the overwhelming majority of violent crimes in the United States, including violent crimes motivated by bias. These authorities can carry out their responsibilities more effectively with greater Federal assistance. (4) Existing Federal law is inadequate to address this problem. (5) The prominent characteristic of a violent crime motivated by bias is that it devastates not just the actual victim and the family and friends of the victim, but frequently savages the community sharing the traits that caused the victim to be selected. (6) Such violence substantially affects interstate commerce in many ways, including-- (A) by impeding the movement of members of targeted groups and forcing such members to move across State lines to escape the incidence or risk of such violence; and (B) by preventing members of targeted groups from purchasing goods and services, obtaining or sustaining employment, or participating in other commercial activity. (7) Perpetrators cross State lines to commit such violence. (8) Channels, facilities, and instrumentalities of interstate commerce are used to facilitate the commission of such violence. (9) Such violence is committed using articles that have traveled in interstate commerce. (10) For generations, the institutions of slavery and involuntary servitude were defined by the race, color, and ancestry of those held in bondage. Slavery and involuntary servitude were enforced, both prior to and after the adoption of the 13th amendment to the Constitution of the United States, through widespread public and private violence directed at persons because of their race, color, or ancestry, or perceived race, color, or ancestry. Accordingly, eliminating racially motivated violence is an important means of eliminating, to the extent possible, the badges, incidents, and relics of slavery and involuntary servitude. (11) Both at the time when the 13th, 14th, and 15th amendments to the Constitution of the United States were adopted, and continuing to date, members of certain religious and national origin groups were and are perceived to be distinct ``races''. Thus, in order to eliminate, to the extent possible, the badges, incidents, and relics of slavery, it is necessary to prohibit assaults on the basis of real or perceived religions or national origins, at least to the extent such religions or national origins were regarded as races at the time of the adoption of the 13th, 14th, and 15th amendments to the Constitution of the United States. (12) Federal jurisdiction over certain violent crimes motivated by bias enables Federal, State, and local authorities to work together as partners in the investigation and prosecution of such crimes. (13) The problem of crimes motivated by bias is sufficiently serious, widespread, and interstate in nature as to warrant Federal assistance to States and local jurisdictions. SEC. 3. DEFINITION OF HATE CRIME. In this Act, the term ``hate crime'' has the same meaning as in section 280003(a) of the Violent Crime Control and Law Enforcement Act of 1994 (28 U.S.C. 994 note). SEC. 4. SUPPORT FOR CRIMINAL INVESTIGATIONS AND PROSECUTIONS BY STATE AND LOCAL LAW ENFORCEMENT OFFICIALS. (a) Assistance Other Than Financial Assistance.-- (1) In general.--At the request of a law enforcement official of a State or Indian tribe, the Attorney General may provide technical, forensic, prosecutorial, or any other form of assistance in the criminal investigation or prosecution of any crime that-- (A) constitutes a crime of violence (as defined in section 16 of title 18, United States Code); (B) constitutes a felony under the laws of the State or Indian tribe; and (C) is motivated by prejudice based on the race, color, religion, national origin, gender, sexual orientation, or disability of the victim, or is a violation of the hate crime laws of the State or Indian tribe. (2) Priority.--In providing assistance under paragraph (1), the Attorney General shall give priority to crimes committed by offenders who have committed crimes in more than 1 State and to rural jurisdictions that have difficulty covering the extraordinary expenses relating to the investigation or prosecution of the crime. (b) Grants.-- (1) In general.--The Attorney General may award grants to assist State, local, and Indian law enforcement officials with the extraordinary expenses associated with the investigation and prosecution of hate crimes. (2) Office of justice programs.--In implementing the grant program, the Office of Justice Programs shall work closely with the funded jurisdictions to ensure that the concerns and needs of all affected parties, including community groups and schools, colleges, and universities, are addressed through the local infrastructure developed under the grants. (3) Application.-- (A) In general.--Each State that desires a grant under this subsection shall submit an application to the Attorney General at such time, in such manner, and accompanied by or containing such information as the Attorney General shall reasonably require. (B) Date for submission.--Applications submitted pursuant to subparagraph (A) shall be submitted during the 60-day period beginning on a date that the Attorney General shall prescribe. (C) Requirements.--A State or political subdivision of a State or tribal official applying for assistance under this subsection shall-- (i) describe the extraordinary purposes for which the grant is needed; (ii) certify that the State, political subdivision, or Indian tribe lacks the resources necessary to investigate or prosecute the hate crime; (iii) demonstrate that, in developing a plan to implement the grant, the State, political subdivision, or tribal official has consulted and coordinated with nonprofit, nongovernmental victim services programs that have experience in providing services to victims of hate crimes; and (iv) certify that any Federal funds received under this subsection will be used to supplement, not supplant, non-Federal funds that would otherwise be available for activities funded under this subsection. (4) Deadline.--An application for a grant under this subsection shall be approved or disapproved by the Attorney General not later than 30 business days after the date on which the Attorney General receives the application. (5) Grant amount.--A grant under this subsection shall not exceed $100,000 for any single jurisdiction within a 1 year period. (6) Report.--Not later than December 31, 2002, the Attorney General shall submit to Congress a report describing the applications submitted for grants under this subsection, the award of such grants, and the purposes for which the grant amounts were expended. (7) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $5,000,000 for each of fiscal years 2002 and 2003. SEC. 5. GRANT PROGRAM. (a) Authority To Make Grants.--The Office of Justice Programs of the Department of Justice shall award grants, in accordance with such regulations as the Attorney General may prescribe, to State and local programs designed to combat hate crimes committed by juveniles, including programs to train local law enforcement officers in identifying, investigating, prosecuting, and preventing hate crimes. (b) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section. SEC. 6. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO ASSIST STATE AND LOCAL LAW ENFORCEMENT. There are authorized to be appropriated to the Department of the Treasury and the Department of Justice, including the Community Relations Service, for fiscal years 2002, 2003, and 2004 such sums as are necessary to increase the number of personnel to prevent and respond to alleged violations of section 249 of title 18, United States Code, as added by section 7. SEC. 7. PROHIBITION OF CERTAIN HATE CRIME ACTS. (a) In General.--Chapter 13 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 249. Hate crime acts ``(a) In General.-- ``(1) Offenses involving actual or perceived race, color, religion, or national origin.--Whoever, whether or not acting under color of law, willfully causes bodily injury to any person or, through the use of fire, a firearm, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived race, color, religion, or national origin of any person-- ``(A) shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and ``(B) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if-- ``(i) death results from the offense; or ``(ii) the offense includes kidnaping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill. ``(2) Offenses involving actual or perceived religion, national origin, gender, sexual orientation, or disability.-- ``(A) In general.--Whoever, whether or not acting under color of law, in any circumstance described in subparagraph (B), willfully causes bodily injury to any person or, through the use of fire, a firearm, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived religion, national origin, gender, sexual orientation, or disability of any person-- ``(i) shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and ``(ii) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if-- ``(I) death results from the offense; or ``(II) the offense includes kidnaping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill. ``(B) Circumstances described.--For purposes of subparagraph (A), the circumstances described in this subparagraph are that-- ``(i) the conduct described in subparagraph (A) occurs during the course of, or as the result of, the travel of the defendant or the victim-- ``(I) across a State line or national border; or ``(II) using a channel, facility, or instrumentality of interstate or foreign commerce; ``(ii) the defendant uses a channel, facility, or instrumentality of interstate or foreign commerce in connection with the conduct described in subparagraph (A); ``(iii) in connection with the conduct described in subparagraph (A), the defendant employs a firearm, explosive or incendiary device, or other weapon that has traveled in interstate or foreign commerce; or ``(iv) the conduct described in subparagraph (A)-- ``(I) interferes with commercial or other economic activity in which the victim is engaged at the time of the conduct; or ``(II) otherwise affects interstate or foreign commerce. ``(b) Certification Requirement.--No prosecution of any offense described in this subsection may be undertaken by the United States, except under the certification in writing of the Attorney General, the Deputy Attorney General, the Associate Attorney General, or any Assistant Attorney General specially designated by the Attorney General that-- ``(1) he or she has reasonable cause to believe that the actual or perceived race, color, religion, national origin, gender, sexual orientation, or disability of any person was a motivating factor underlying the alleged conduct of the defendant; and ``(2) he or his designee or she or her designee has consulted with State or local law enforcement officials regarding the prosecution and determined that-- ``(A) the State does not have jurisdiction or does not intend to exercise jurisdiction; ``(B) the State has requested that the Federal Government assume jurisdiction; ``(C) the State does not object to the Federal Government assuming jurisdiction; or ``(D) the verdict or sentence obtained pursuant to State charges left demonstratively unvindicated the Federal interest in eradicating bias-motivated violence. ``(c) Definitions.--In this section-- ``(1) the term `explosive or incendiary device' has the meaning given the term in section 232 of this title; and ``(2) the term `firearm' has the meaning given the term in section 921(a) of this title.''. (b) Technical and Conforming Amendment.--The analysis for chapter 13 of title 18, United States Code, is amended by adding at the end the following: ``249. Hate crime acts.''. SEC. 8. DUTIES OF FEDERAL SENTENCING COMMISSION. (a) Amendment of Federal Sentencing Guidelines.--Pursuant to the authority provided under section 994 of title 28, United States Code, the United States Sentencing Commission shall study the issue of adult recruitment of juveniles to commit hate crimes and shall, if appropriate, amend the Federal sentencing guidelines to provide sentencing enhancements (in addition to the sentencing enhancement provided for the use of a minor during the commission of an offense) for adult defendants who recruit juveniles to assist in the commission of hate crimes. (b) Consistency With Other Guidelines.--In carrying out this section, the United States Sentencing Commission shall-- (1) ensure that there is reasonable consistency with other Federal sentencing guidelines; and (2) avoid duplicative punishments for substantially the same offense. SEC. 9. STATISTICS. Subsection (b)(1) of the first section of the Hate Crimes Statistics Act (28 U.S.C. 534 note) is amended by inserting ``gender,'' after ``race,''. SEC. 10. SEVERABILITY. If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of the provisions of such to any person or circumstance shall not be affected thereby. | Local Law Enforcement Enhancement Act of 2001 - Authorizes the Attorney General to provide technical, forensic, prosecutorial, or other assistance in the criminal investigation or prosecution of any crime that: (1) constitutes a crime of violence under Federal law or a felony under State or Indian tribal law; and (2) is motivated by prejudice based on the race, color, religion, national origin, gender, sexual orientation, or disability of the victim or is a violation of the hate crime laws of the State or tribe. Directs the Attorney General to give priority for assistance to crimes committed by offenders who have committed crimes in more than one State and to rural jurisdictions that have difficulty covering the extraordinary investigation or prosecution expenses.Authorizes the Attorney General to award grants to assist State, local, and Indian law enforcement officials with such extraordinary expenses. Directs the Office of Justice Programs to: (1) work closely with funded jurisdictions to ensure that the concerns and needs of all affected parties are addressed; and (2) award grants to State and local programs designed to combat hate crimes committed by juveniles.Prohibits specified offenses involving actual or perceived race, color, religion, national origin, gender, sexual orientation, or disability.Directs the U.S. Sentencing Commission to study and provide sentencing enhancements for adult recruitment of juveniles to commit hate crimes.Amends the Hate Crimes Statistics Act to require the crime data to be collected and published by the Attorney General to include data about crimes that manifest evidence of prejudice based on gender. |
SECTION 1. INDEXATION OF DEFERRED ANNUITIES. (a) Amendments to Subchapter III of Chapter 83.--Section 8338 of title 5, United States Code, is amended-- (1) in subsection (d) by striking ``(d) An'' and inserting ``(d) Subject to subsection (e), an''; and (2) by adding at the end the following: ``(e)(1) The average pay used in the computation of an annuity authorized by this section shall be equal to the average pay described in section 8331(4), increased by the percentage adjustments (compounded) in rates of pay of the General Schedule taking effect during the period-- ``(A) beginning on the day after the date of the separation on which title to annuity is based, and ``(B) ending on the day before the commencement date of such annuity. ``(2) In the case of a former employee or Member who dies after having separated from the service with title to an annuity authorized by this section but before having established a valid claim for such annuity, the average pay used in the computation of any survivor annuity payable based on the service of such former employee or Member shall be increased in the manner described in paragraph (1), except that, in applying subparagraph (B) of paragraph (1) for purposes of this paragraph, the commencement date of such survivor annuity shall be used instead of the commencement date of the annuity referred to in such subparagraph. ``(3) Average pay shall not be increased by reason of any adjustment under this subsection to an amount which exceeds the rate of basic pay that, as of the day before the commencement date of the annuity or survivor annuity involved, is payable for the position that was held by the employee or Member at the time of earning the highest rate of pay taken into account in computing such employee's or Member's average pay, as determined under regulations of the Office.''. (b) Amendment to Chapter 84.--Section 8415 of title 5, United States Code, is amended by adding at the end the following: ``(m)(1) The average pay used in the computation of a deferred annuity under section 8413 shall be equal to the average pay described in section 8401(3), increased by the percentage adjustments (compounded) in rates of pay of the General Schedule taking effect during the period-- ``(A) beginning on the day after the date of the separation on which title to annuity is based, and ``(B) ending on the day before the commencement date of such annuity. ``(2) In the case of a former employee or Member who dies after having separated from the service with title to a deferred annuity referred to in paragraph (1) but before having established a valid claim for such annuity, the average pay used in the computation of any survivor annuity payable based on the service of such former employee or Member shall be increased in the manner described in paragraph (1), except that, in applying subparagraph (B) of paragraph (1) for purposes of this paragraph, the commencement date of such survivor annuity shall be used instead of the commencement date of the annuity referred to in such subparagraph. ``(3) Average pay shall not be increased by reason of any adjustment under this subsection to an amount which exceeds the rate of basic pay that, as of the day before the commencement date of the annuity or survivor annuity involved, is payable for the position that was held by the employee or Member at the time of earning the highest rate of pay taken into account in computing such employee's or Member's average pay, as determined under regulations of the Office.''. (c) Amendments Relating to Individuals Becoming Subject to FERS by Election.-- (1) Computation of a deferred annuity.--Paragraph (6) of section 302(a) of the Federal Employees' Retirement System Act of 1986 (5 U.S.C. 8331 note) is amended by adding at the end the following: ``(C) In determining average pay under this paragraph for purposes of computing a deferred annuity under section 8413 of such title-- ``(i) the provisions of section 8338(e)(1) and (3) of such title shall apply, to the extent that such annuity is computed under paragraph (4); and ``(ii) the provisions of section 8415(m)(1) and (3) of such title shall apply, to the extent that such annuity is computed under paragraph (5).''. (2) Computation of a survivor annuity.--Paragraph (9) of such section 302(a) is amended by striking ``(9)'' and inserting ``(9)(A)'', and by adding at the end the following: ``(B) In computing an annuity under paragraph (3) for purposes of determining the amount of a survivor annuity under subchapter IV of chapter 84 of title 5, United States Code, to which the survivor is entitled based on the service of a former employee or Member who dies in the circumstances described in section 8415(m)(2) of such title-- ``(i) paragraph (6)(C)(i) shall apply, to the extent that such annuity is computed under paragraph (4); and ``(ii) paragraph (6)(C)(ii) shall apply, to the extent that such annuity is computed under paragraph (5).''. (d) Conforming Amendments.--(1) Section 8331(10) of title 5, United States Code, is amended by inserting ``former employee or Member,'' before ``or annuitant''. (2) Section 8341(h)(1) of title 5, United States Code, is amended by striking ``or former Member who was separated from the service with title to a deferred annuity under section 8338(b) of this title'' and inserting ``or former employee or Member who died after having separated from the service with title to a deferred annuity under section 8338 but before having established a valid claim for annuity,''. (3) Clause (iii) of section 8341(h)(2)(B) of title 5, United States Code, is amended by striking ``a Member'' and inserting ``an employee or Member''. SEC. 2. AMENDMENT TO PROVIDE THAT THE WIDOW OR WIDOWER OF A DEFERRED ANNUITANT WHO DIES BEFORE ESTABLISHING A VALID CLAIM FOR ANNUITY UNDER CSRS SHALL BE ELIGIBLE FOR A SURVIVOR ANNUITY IN THE SAME WAY AS APPLIES CURRENTLY UNDER FERS. Subsection (f) of section 8341 of title 5, United States Code, is amended to read as follows: ``(f) If an employee or Member dies after having separated from the service with title to a deferred annuity under section 8338 but before having established a valid claim for annuity, and is survived by a widow or widower to whom married on the date of separation, the widow or widower-- ``(1) is entitled to an annuity equal to 55 percent of the deferred annuity of the employee or Member commencing on the day after the employee or Member dies and terminating on the last day of the month before the widow or widower dies or remarries before age 55; or ``(2) may elect to receive the lump-sum credit instead of annuity if the widow or widower is the individual who would be entitled to the lump-sum credit and files application therefor with the Office before the award of the annuity. Notwithstanding the preceding sentence, an annuity payable under this subsection to the widow or widower of a former employee or Member may not exceed the difference between-- ``(A) the annuity which would otherwise be payable to such widow or widower under this subsection; and ``(B) the amount of the survivor annuity payable to any former spouse of such former employee or Member under subsection (h).''. SEC. 3. EFFECTIVE DATES. (a) Amendments Made by Section 1.-- (1) In general.--The amendments made by section 1 shall apply to any annuity or survivor annuity commencing before, on, or after the date of the enactment of this Act, subject to paragraph (2). (2) Recomputations.--In the case of any individual who is entitled to an annuity or survivor annuity based on a separation from service which occurred before the date of the enactment of this Act-- (A) such annuity or survivor annuity shall be recomputed to take into account the amendments made by section 1 only if application therefor is made within 12 months after the effective date of regulations prescribed by the Office of Personnel Management to carry out such amendments; and (B) any change in an annuity or survivor annuity resulting from a recomputation under subparagraph (A) shall be effective only with respect to amounts accruing for months beginning on or after the date of the enactment of this Act. (b) Amendment Made by Section 2.--The amendment made by section 2 shall take effect as of the date of the enactment of this Act. Upon timely application to the Office of Personnel Management, such amendment shall also apply to the widow or widower of a former employee or Member who died before such date of enactment, except that no amount shall be payable-- (1) for any period beginning before such date of enactment; or (2) in any case in which all annuity rights under subchapter III of chapter 83 of title 5, United States Code, have been voided due to the lump-sum credit having been taken. (c) Savings Provision.--Nothing in section 2 shall affect the right of an individual to a survivor annuity, based on a death occurring on or after the date of the enactment of this Act, if such individual would (upon filing claim therefor) have been entitled to such annuity had section 2 not been enacted. (d) Definitions.--For purposes of this section-- (1) the terms ``widow'' and ``widower'' have the respective meanings given them by section 8341 of title 5, United States Code; and (2) the term ``lump-sum credit'' has the meaning given such term by section 8331(8) of such title. | Amends Federal civil service law to provide for the indexation of deferred annuities, including survivor annuities, under the Civil Service Retirement System (CSRS), Federal Employees' Retirement System (FERS), and for individuals becoming subject to FERS by election.Terminates for remarriage before age 55 (currently remarriage at any age) a survivor's entitlement to an annuity based on the service of a deferred annuitant who dies before establishing a valid claim for annuity under CSRS (conforms with requirements under FERS). |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Pension Benefits Protection Act of 2003''. SEC. 2. PROPER ADMINISTRATION OF INTERNAL REVENUE LAWS AND NONDISCRIMINATION REQUIREMENTS. (a) In General.--The Employee Retirement Income Security Act of 1974, the Internal Revenue Code of 1986, and the Age Discrimination in Employment Act of 1967 shall be applied and administered without regard to proposed regulations of the Secretary of the Treasury, included in proposed regulations published in the Federal Register on December 11, 2002 (relating to reductions of accruals and allocations because of the attainment of any age; application of nondiscrimination cross-testing rules to cash balance plans) (67 Fed. Reg. 76123), which pertain to plan amendments adopting a cash balance formula, and without regard to any other regulation which reaches the same or a similar result. The Secretary of the Treasury shall take no action in contravention of section 204(b)(1)(G), 204(b)(1)(H)(i), or 204(g) of the Employee Retirement Income Security Act of 1974, section 411(b)(1)(G), 411(b)(1)(H)(i), or 411(d)(6) of the Internal Revenue Code of 1986, or section 4(i)(1)(A) of the Age Discrimination in Employment Act of 1967. (b) Directive.--The Secretary of the Treasury shall apply section 411(b)(1)(H) of the Internal Revenue Code of 1986 without regard to the portion of the preamble to Treasury Decision 8360 (56 Fed. Reg. 47524- 47603, September 19, 1991) which relates to the allocation of interest adjustments through normal retirement age under a cash balance plan, as such preamble is and has been since its adoption without the force of law. SEC. 3. PROTECTION OF PARTICIPANTS FROM CONVERSIONS TO HYBRID DEFINED BENEFIT PLANS. (a) Election To Maintain Rate of Accrual in Effect Before Plan Amendment.-- (1) Amendment to erisa.--Section 204(b)(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1054(b)(1)) is amended by adding at the end the following new subparagraph: ``(I)(i) Notwithstanding the preceding subparagraphs, in the case of a plan amendment to a defined benefit plan-- ``(I) which has the effect of converting the plan to a plan under which the accrued benefit is expressed to participants and beneficiaries as an amount other than an annual benefit commencing at normal retirement age (or which has a similar effect as determined under regulations issued under clause (iv)), and ``(II) which has the effect of reducing the rate of future benefit accrual of 1 or more participants, such plan shall be treated as not satisfying the requirements of this paragraph unless such plan meets the requirements of clause (ii). ``(ii) A plan meets the requirements of this clause if the plan provides each participant who has attained 40 years of age or 10 years of service (as determined under section 203) under the plan at the time such amendment takes effect with-- ``(I) notice of the plan amendment indicating that it has such effect, including a comparison of the present and projected values of the accrued benefit determined both with and without regard to the plan amendment, and ``(II) an election upon retirement to either receive benefits under the terms of the plan as in effect at the time of retirement or to receive benefits under the terms of the plan as in effect immediately before the effective date of such plan amendment (taking into account all benefit accruals under such terms since such date). ``(iii) For purposes of clause (i), an accrued benefit shall include any early retirement benefit or retirement-type subsidy (within the meaning of subsection (g)(2)(A)), but only with respect to a participant who satisfies (either before or after the effective date of the amendment) the conditions for the benefit or subsidy under the terms of the plan as in effect immediately before such date. ``(iv) The Secretary shall issue regulations under which any plan amendment which has an effect similar to the effect described in clause (i)(I) shall be treated as a plan amendment described in clause (i)(I). Such regulations may provide that if a plan sponsor represents in communications to participants and beneficiaries that a plan amendment has an effect described in the preceding sentence, such plan amendment shall be treated as a plan amendment described in clause (i)(I).''. (2) Amendment to internal revenue code.--Section 411(b)(1) of the Internal Revenue Code of 1986 (relating to accrued benefit requirements for defined benefit plans) is amended by adding at the end the following new subparagraph: ``(I) Election to maintain rate of accrual in effect before certain plan amendments.-- ``(i) In general.--Notwithstanding the preceding subparagraphs, in the case of a plan amendment to a defined benefit plan-- ``(I) which has the effect of converting the plan to a plan under which the accrued benefit is expressed to participants and beneficiaries as an amount other than an annual benefit commencing at normal retirement age (or which has a similar effect as determined under regulations issued under clause (iv)), and ``(II) which has the effect of reducing the rate of future benefit accrual of 1 or more participants, such plan shall be treated as not satisfying the requirements of this paragraph unless such plan meets the requirements of clause (ii). ``(ii) Requirements.--A plan meets the requirements of this clause if the plan provides each participant who has attained 40 years of age or 10 years of service (as determined under subsection (a)) under the plan at the time such amendment takes effect with-- ``(I) notice of the plan amendment indicating that it has such effect, including a comparison of the present and projected values of the accrued benefit determined both with and without regard to the plan amendment, and ``(II) an election upon retirement to either receive benefits under the terms of the plan as in effect at the time of retirement or to receive benefits under the terms of the plan as in effect immediately before the effective date of such plan amendment (taking into account all benefit accruals under such terms since such date). ``(iii) Treatment of early retirement benefits and retirement-type subsidies.--For purposes of clause (i), an accrued benefit shall include any early retirement benefit or retirement-type subsidy (within the meaning of subsection (d)(6)(B)(i)), but only with respect to a participant who satisfies (either before or after the effective date of the amendment) the conditions for the benefit or subsidy under the terms of the plan as in effect immediately before such date. ``(iv) Regulations.--The Secretary shall issue regulations under which any plan amendment which has an effect similar to the effect described in clause (i)(I) shall be treated as a plan amendment described in clause (i)(I). Such regulations may provide that if a plan sponsor represents in communications to participants and beneficiaries that a plan amendment has an effect described in the preceding sentence, such plan amendment shall be treated as a plan amendment described in clause (i)(I).''. (b) Effective Date and Related Rules.-- (1) In general.--The amendments made by this section apply to plan amendments taking effect before, on, or after the date of the enactment of this Act, except that such amendments shall not apply to a plan amendment if the Internal Revenue Service has issued on or before April 8, 2003, a determination letter which has the effect of approving the plan amendment. (2) Special rule.--In the case of a plan amendment taking effect before 90 days after the date of the enactment of this Act, the requirements of section 204(b)(1)(I) of the Employee Retirement Income Security Act of 1974 (as added by this section) and section 411(b)(1)(I) of the Internal Revenue Code of 1986 (as added by this section) shall be treated as satisfied in connection with such plan amendment, in the case of any participant described in such sections 204(b)(1)(I) and 411(b)(1)(I) in connection with such plan amendment, if, as of the end of such 90-day period-- (A) the notice described in clause (i)(I) of such section 204(b)(1)(I) and clause (i)(I) of such section 411(b)(1)(I) in connection with such plan amendment has been provided to such participant, and (B) the plan provides for the election described in clause (i)(II) of such section 204(b)(1)(I) and clause (i)(II) of such section 411(b)(1)(I) in connection with such participant's retirement under the plan. SEC. 4. PREVENTION OF WEARING AWAY OF EMPLOYEE'S ACCRUED BENEFIT. (a) Amendment to ERISA.--Section 204(g) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1054(g)) is amended by adding at the end the following new paragraph: ``(6)(A) For purposes of paragraph (1), an applicable plan amendment adopted by a large defined benefit plan shall be treated as reducing accrued benefits of a participant if, under the terms of the plan after the adoption of the amendment, the accrued benefit of the participant may at any time be less than the sum of-- ``(i) the participant's accrued benefit for years of service before the effective date of the amendment, determined under the terms of the plan as in effect immediately before the effective date, plus ``(ii) the participant's accrued benefit determined under the formula applicable to benefit accruals under the current plan as applied to years of service after such effective date. ``(B) For purposes of this paragraph-- ``(i) The term `applicable plan amendment' means a plan amendment which has the effect of converting the plan to a plan under which the accrued benefit is expressed to participants and beneficiaries as an amount other than an annual benefit commencing at normal retirement age (or which has a similar effect as determined under regulations of the Secretary). ``(ii) The term `large defined benefit plan' means any defined benefit plan which had 100 or more participants who had accrued a benefit under the plan (whether or not vested) as of the last day of the plan year preceding the plan year in which the plan amendment becomes effective. ``(iii) An accrued benefit shall include any early retirement benefit or retirement-type subsidy (within the meaning of paragraph (2)(A)), but only with respect to a participant who satisfies (either before or after the effective date of the amendment) the conditions for the benefit or subsidy under the terms of the plan as in effect immediately before such date.''. (b) Amendment to Internal Revenue Code.--Section 411(d)(6) of the Internal Revenue Code of 1986 (relating to accrued benefit may not be decreased by amendment) is amended by adding at the end the following new subparagraph: ``(F) Treatment of plan amendments wearing away accrued benefit.-- ``(i) In general.--For purposes of subparagraph (A), an applicable plan amendment adopted by a large defined benefit plan shall be treated as reducing accrued benefits of a participant if, under the terms of the plan after the adoption of the amendment, the accrued benefit of the participant may at any time be less than the sum of-- ``(I) the participant's accrued benefit for years of service before the effective date of the amendment, determined under the terms of the plan as in effect immediately before the effective date, plus ``(II) the participant's accrued benefit determined under the formula applicable to benefit accruals under the current plan as applied to years of service after such effective date. ``(ii) Definitions.--For purposes of this subparagraph-- ``(I) Applicable plan amendment.-- The term `applicable plan amendment' means a plan amendment which has the effect of converting the plan to a plan under which the accrued benefit is expressed to participants and beneficiaries as an amount other than an annual benefit commencing at normal retirement age (or which has a similar effect as determined under regulations of the Secretary). ``(II) Large defined benefit plan.--The term `large defined benefit plan' means any defined benefit plan which had 100 or more participants who had accrued a benefit under the plan (whether or not vested) as of the last day of the plan year preceding the plan year in which the plan amendment becomes effective. ``(III) Protected accrued benefit.--An accrued benefit shall include any early retirement benefit or retirement-type subsidy (within the meaning of subparagraph (B)(i)), but only with respect to a participant who satisfies (either before or after the effective date of the amendment) the conditions for the benefit or subsidy under the terms of the plan as in effect immediately before such date.''. (c) Effective Date and Related Rules.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section apply to plan amendments taking effect before, on, or after the date of the enactment of this Act, except that such amendments shall not apply to a plan amendment if the Internal Revenue Service has issued on or before April 8, 2003, a determination letter which has the effect of approving the plan amendment. (2) Special rule.--Notwithstanding paragraph (1), the amendments made by this section shall not apply in connection with any participant with respect to any plan amendment which has taken effect before 90 days after the date of the enactment of this Act if, as of the end of such 90-day period, the plan provides that the participant's accrued benefit shall at no time be less than the sum described in section 204(g)(6)(A) of the Employee Retirement Income Security Act of 1974 (as added by this section) or section 411(d)(6)(F)(i) of the Internal Revenue Code of 1986 (as added by this section) in connection with such plan amendment. | Pension Benefits Protection Act of 2003 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code of 1986 (the Code) to protect pension benefits of employees in defined benefit (DB) plans, and to ensure that age discrimination laws are applied to conversions to cash balance plans and other such plans that are hybrids of DB's and defined contribution plans.Requires ERISA, the Code, and the Age Discrimination Act of 1967 to be applied and administered without regard to certain proposed regulations of the Secretary of the Treasury that relate to reductions of accruals and allocations because of the attainment of any age, and to application of nondiscrimination cross-testing rules to cash balance plans.Amends ERISA and the Code to protect certain DB plan participants from forced conversions to hybrid DB plans by plan amendments which change the way the accrued benefit to participants or beneficiaries are expressed and which reduce the rate of future benefit accrual of one or more participants. Requires employers, at the time such amendment takes effect, to provide employees who have attained 40 years of age or 10 years of service with certain notices and an election upon retirement to receive benefits as determined either under the plan in effect at time of retirement or under the plan in effect immediately before the plan amendment.Sets forth a formula to determine when a plan amendment adopted by a large (100 or more participants) DB plan shall be treated as wearing away accrued benefits. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``At-Birth Abandoned Infants Assistance Amendments of 1993''. SEC. 2. FINDINGS. The Congress finds that-- (1) each year thousands of infants throughout the United States are abandoned by their parents shortly after birth, such as when a mother gives birth at a hospital under an assumed name and address and then disappears afterwards, leaving the infant behind, when the whereabouts of the parents are unknown, and when infants are left to die in garbage dumpsters because their mothers cannot care for them; (2) infants who are abandoned during the formative months occurring shortly after birth are denied the ability to bond with a loving parent or parents; (3) the process of attachment or bonding between an infant and the same adults is essential to the development of a healthy personality in the infant; (4) the Inspector General of the Department of Health and Human Services, in the February 1990 report entitled ``Crack Babies'', states that legislation ``should reduce barriers to placing drug exposed infants into foster care and adoptive homes and establish `fast track' procedures to expedite child welfare cases involving drug abuse''; (5) according to experts, current legal rules and agency policies make it exceedingly difficult and time consuming to terminate parental rights of those parents who truly abandon their infants, and as a result very few of those abandoned infants are available for adoption; (6) the welfare of infants abandoned during the formative months occurring shortly after birth is of such special interest and concern to our society that if there are persons desiring to adopt and parentally bond with such an infant, the infant should be afforded the right to expeditious placement with, and adoption by, such persons; and (7) other steps should be taken to expedite the adoption of infants who are abandoned during the formative months occurring shortly after birth. SEC. 3. PURPOSE. The purpose of this Act is to encourage States to implement a system that will expedite the initiation of the adoption process for infants abandoned at birth. In doing so, States will appoint competent persons to be preadoptive parents for infants abandoned at birth in order to provide a proper and loving home during the infants' formative months. The preadoptive parents will also be responsible for initiating legal proceedings that could lead to the legal adoption of the infant. Once the proceedings have been initiated, the State courts of proper jurisdiction will continue to be responsible for the final decision, taking into account the legal rights of all the parties involved, including the infant abandoned at birth, the natural parents, the preadoptive parents, and the State. SEC. 4. ADOPTION BY PREADOPTIVE PARENTS OF CERTAIN ABANDONED INFANTS. (a) Certain State Laws Required as Condition of Project Grants.-- Title 1 of the Abandoned Infants Assistance Act of 1988 (42 U.S.C. 670 note) is amended-- (1) in section 101(a), by striking ``The Secretary'' in the matter preceding paragraph (1) and inserting ``Subject to section 101A, the Secretary''; and (2) by inserting after section 101 the following section: ``SEC. 101A. CERTAIN STATE LAWS REQUIRED AS CONDITION OF PROJECT GRANTS. ``(a) In General.--The Secretary may not make a grant under section 101 to a public or nonprofit private entity unless the project for which the grant is to be made is located in a State for which there is in effect State laws and rules of law that provide all of the following: ``(1) Within 30 days after the State obtains custody of a designated abandoned infant (as defined in subsection (b)), the State shall-- ``(A) find 1 or more individuals to be the preadoptive parents of such infant; ``(B) designate such individual or individuals as the preadoptive parents of the infant; and ``(C) place the infant with such individual or individuals. ``(2)(A) During the 90-day period beginning on the date a designated abandoned infant is placed with the preadoptive parents of the infant, the preadoptive parents shall have the right to petition the courts of the State for an expedited hearing-- ``(i) to terminate the parental rights of all other persons with respect to the infant; and ``(ii) to become the adoptive parents of the infant. ``(B) In determining whether to grant a petition described in subparagraph (A), the courts of the State shall not draw any inference adverse to the interests of a petitioner by reason of the present or former status of any petitioner as a foster parent. ``(3) If the preadoptive parents of a designated abandoned infant fail to file a petition described in paragraph (2)(A) during the 90-day period described in such paragraph, the State shall-- ``(A) immediately revoke their designation as the preadoptive parents of the infant; and ``(B) within 30 days after the end of such 90-day period-- ``(i) find 1 or more individuals (other than the former preadoptive parents of the infant) to be the new preadoptive parents of the infant; ``(ii) designate such individual or individuals as the preadoptive parents of the infant; and ``(iii) place the infant with such individual or individuals. ``(b) Definitions.--For purposes of this section, the term `designated abandoned infant' means an abandoned infant-- ``(1) who has not attained the age of 18 months; and ``(2) whose abandonment occurs during the first 6 months after the infant is born. ``(c) Rule of Construction.--The provisions and rules of State law that are enacted or adopted pursuant to this subsection shall not be construed to affect any provision or rule of State law with respect to the abandonment of children that is not so enacted or adopted, except to the extent that such provisions or rules of State law are in direct conflict.''. (b) Applicability.--The amendment made by subsection (a) shall not apply to any child who attains the age of 18 months before the date of the enactment of this Act. SEC. 5. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), the amendments made by this Act shall apply to grants under section 101 of the Abandoned Infants Assistance Act of 1988 for fiscal years beginning after the fiscal year in which this Act is enacted. (b) Delay Permitted if State Legislation Required.--In the case of a grant under section 101 of the Abandoned Infants Assistance Act of 1988 to a project with respect to which the Secretary of Health and Human Services determines that State legislation is required (other than legislation appropriating funds) in order to meet the condition established in section 101A of such Act for the project to receive such a grant, the project shall not be regarded as failing to meet such condition solely on the basis that such legislation is not in effect before the 1st day of the 1st calendar quarter beginning after the close of the 1st regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. | At-Birth Abandoned Infants Assistance Amendments of 1993 - Amends the Abandoned Infants Assistance Act of 1988 to condition Federal project grants upon the existence of a State statutory scheme which effectuates: (1) the designation of preadoptive parents; (2) prompt placement of designated abandoned infants with preadoptive parents; and (3) expedited judicial proceedings to establish permanent parental rights for such preadoptive parents (thereby terminating the parental rights of all other persons with respect to that infant). |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Conservation Reserve Program Reform Act of 1995''. SEC. 2. EXTENSION OF ENVIRONMENTAL CONSERVATION ACREAGE RESERVE PROGRAM. (a) In General.--The following provisions of the Food Security Act of 1985 are each amended by striking ``1995'' and inserting ``2005'': (1) Section 1230(a) (16 U.S.C. 3830(a)). (2) Section 1231(a) (16 U.S.C. 3831(a)). (3) Section 1231(b)(3) (16 U.S.C. 3831(b)(3)). (4) The first sentence of section 1231(d) (16 U.S.C. 3831(d)). (5) Section 1232(c) (16 U.S.C. 3832(c)). (6) Section 1238B(a)(1) (16 U.S.C. 3838b(a)(1)). (7) Section 1238B(a)(2) (16 U.S.C. 3838b(a)(2)). (8) Section 1238B(a)(11) (16 U.S.C. 3838b(a)(2)). (9) Section 1239(a) (16 U.S.C. 3839(a)). (b) Wetlands Reserve Program.--Section 1237(c) of such Act (16 U.S.C. 3837(c)) is amended by striking ``2000'' and inserting ``2005''. SEC. 3. AUTHORITY TO MODIFY OR EXTEND CONTRACTS. (a) In General.--Subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831-3836) is amended by inserting after section 1235A the following: ``SEC. 1235B. CONVERSION OF LAND SUBJECT TO CONTRACT TO OTHER USES. ``(a) In General.--Prior to or upon the expiration of a contract entered into under this subchapter with respect to environmentally sensitive land (as defined by the State conservation review committee established under section 1261 in the State in which the land is located, or until such committee is formed, the State technical working group), the Secretary shall extend the duration of the contract, or modify the terms of the contract, in accordance with this section. The Secretary shall place a priority on extending or modifying under this section contracts entered into under this subchapter in such a way as to enable owners and operators to comply with the applicable plan referred to in section 1232(a)(1). ``(b) Options for Owners and Operators.--The Secretary shall permit an owner or operator who has entered into a contract under this subchapter that is in effect on the date of the enactment of this section-- ``(1) before the expiration of the contract, to remove land (including partial fields) from enrollment in the conservation reserve established under this subchapter if-- ``(A) the land is not highly erodible cropland; ``(B) the Soil Conservation Service has classified the land as class I, II, III(s), III(w), or III(c), and the land is covered by a conservation plan approved by the local conservation district (or, if the land is not within a conservation district, a plan approved by the Secretary) that limits the soil erosion to such land to not more than the soil loss tolerance level referred to in section 1201(a)(7)(A)(ii); or ``(C) the land is replaced by land of the same owner that, according to the local conservation district or the Secretary, is more environmentally sensitive; ``(2) before the expiration of the contract, to re-enroll in the reserve for not more than 10 years portions of land enrolled in the reserve if-- ``(A) the land will remain planted to permanent cover and devoted to filter strips, field borders, waterways, terraces, wildlife corridors, well-head protection; buffer strips adjacent to rivers, streams, lakes, wetlands, water retention structures, or any other conservation purpose that the Secretary deems appropriate; and ``(B) future production on the re-enrolled land will not contribute to erosion in excess of the soil loss tolerance level referred to in section 1201(a)(7)(A)(ii); ``(3) before the expiration of the contract, to enter into negotiations with the Secretary to receive reduced annual rental payments in exchange for permission to allow limited uses (as defined by the State conservation review committee established under section 1261 in the State in which the land is located, or until such committee is formed, the State technical working group) on enrolled land, including haying, grazing, seed production, production of bio-mass, timber, or such other uses as the Secretary may deem appropriate; or ``(4) upon expiration of the contract, to retain or transfer cropland bases, with respect to crops for which there is a production adjustment program, to other lands, as long as enrolled croplands remain in permanent cover. ``(c) Limitation on Annual Rental Payment for Re-Enrolled Land or Land Permitted To Be Devoted to Limited Uses.--Annual rental payments made under this subchapter with respect to land that is the subject of an agreement entered into pursuant to paragraph (2) or (3) of subsection (b) shall not exceed an amount equal to 80 percent of the annual rental payment made under this subchapter with respect to the land for the 12-month period ending on the date the agreement takes effect.''. (b) Conforming Amendment.--Section 1232(a)(7) of such Act (16 U.S.C. 3832(a)(7)) is amended by inserting ``except to the extent authorized under section 1235B,'' after ``(7)''. (c) State Conservation Review Committees.--Subtitle G of title XII of the Food Security Act of 1985 (16 U.S.C. 3861-3862) is amended-- (1) in the subtitle heading, by striking ``TECHNICAL'' and inserting ``CONSERVATION REVIEW''; (2) by striking ``technical committee'' each place such term appears and inserting ``conservation review committee''; and (3) in section 1261(c)-- (A) by amending paragraph (2) to read as follows: ``(2) the State committee appointed under section 8(b)(5)(A) of the Soil Conservation and Domestic Allotment Act;''; and (B) by amending paragraph (5) to read as follows: ``(5) 3 agricultural producers nominated by the State committee referred to in paragraph (2);''. SEC. 4. DEMONSTRATION PROJECTS. (a) Grant Authority.-- (1) In general.--The Secretary of Agriculture may make grants to producers of agricultural commodities to retain land in the conservation reserve established under subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985, or to enroll land in the reserve, for the purpose of enabling the owner of the land to grow grass or raise legumes (or do both) on such land, in rotation, as approved by the State conservation review committee established under section 1261 of such Act in the State in which the land is located or until such committee is formed, the State technical working group. (2) Number of sites.--The Secretary may not select more than 3 sites in each State with respect to which grants are to be made under paragraph (1). (b) Evaluation.--Not later than 3 years after the first grant is made under subsection (a), the Secretary shall evaluate the economic and environmental effects of the uses to which grants under subsection (a) have been put, and shall submit to the Congress a report that contains the findings of the Secretary. (c) Limitations on Authorization of Appropriations.--For grants under subsection (a), there are authorized to be appropriated to the Secretary not more than $500,000 for each of fiscal years 1996, 1997, and 1998. | Conservation Reserve Program Reform Act of 1995 - Amends the Food Security Act of 1985 to extend: (1) the Environmental Conservation Acreage Reserve Program; and (2) the wetlands reserve program. Authorizes the Secretary of Agriculture to extend or modify conservation reserve contracts under specified circumstances. Authorizes a demonstration grant program to permit grass or legumes to be grown on reserve land. Authorizes appropriations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Financial Literacy Improvement Act of 2008''. SEC. 2. FINANCIAL LITERACY EDUCATION GRANTS. (a) In General.--Part D of title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7241 et seq.) is amended by inserting after section 5537 the following: ``Subpart 13A--Financial Literacy Education ``SEC. 5538. FINANCIAL LITERACY EDUCATION GRANTS. ``(a) Authorization.--The Secretary shall award grants to eligible entities to enable such entities-- ``(1) to award subgrants to local entities to provide financial literacy education; and ``(2) to carry out activities designed to promote financial literacy education. ``(b) Eligible Entities.--In this section, the term `eligible entity' means-- ``(1) a State educational agency; or ``(2) a State partnership consisting of-- ``(A) a State educational agency; and ``(B) a nonprofit organization with experience and a proven quality track record in financial literacy or personal finance education programs. ``(c) Application.--An eligible entity that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. ``(d) Formula.--From the total amount appropriated under subsection (g) for a fiscal year, the Secretary shall allot to each State for such fiscal year an amount that bears the same relation to such total amount as the amount such State received under part A of title I for such fiscal year bears to the total amount received by all States under part A of title I for such fiscal year. ``(e) Use of Funds.-- ``(1) Subgrants to eligible local entities.-- ``(A) Eligible local entity.--In this section, the term `eligible local entity' means-- ``(i) a local educational agency; or ``(ii) a local partnership consisting of-- ``(I) a local educational agency; and ``(II) not less than 1 of the following: ``(aa) A nonprofit organization with experience and a proven track record in quality financial literacy or personal finance education programs. ``(bb) An educational service agency. ``(cc) A recipient of an Excellence in Economic Education grant under subpart 13. ``(dd) An institution of higher education. ``(ee) A community organization. ``(ff) A representative of local business. ``(B) Authorization of subgrants.--An eligible entity that receives a grant under this section shall use 75 percent of such grant funds to award subgrants to eligible local entities. ``(C) Applications.-- ``(i) In general.--An eligible local entity that desires to receive a subgrant under this paragraph shall submit an application to the eligible entity at such time, in such manner, and accompanied by such information as the eligible entity may require. ``(ii) Review of applications.--The eligible entity shall review applications submitted under clause (i) in the same manner as applications are reviewed under section 5534(b). ``(D) Use of funds.--An eligible local entity that receives a subgrant under this paragraph-- ``(i) shall use the subgrant funds to-- ``(I) implement teacher training programs to embed financial literacy and personal finance education into core academic subjects; ``(II) administer financial literacy assessments on not less than an annual basis in, at a minimum, the grade levels selected by the State pursuant to paragraph (2)(A); and ``(III) implement financial literacy activities and sequences of study within core academic subjects; and ``(ii) may use the subgrant funds to implement school-based activities, including after school activities, to enhance student understanding and experiential learning with consumer, economic, and personal finance concepts. ``(E) Report.--An eligible local entity that receives a subgrant under this paragraph shall include in the annual report card under section 1111(h)(2) the same information on student achievement on the financial literacy assessments, administered pursuant to subparagraph (D), as required, pursuant to section 1111(h)(2), of the other State academic assessments described in section 1111(b)(3). ``(2) State activities.--An eligible entity that receives a grant under this section shall use 25 percent of such grant funds to carry out the following: ``(A) The development of financial literacy standards in not less than 3 grade levels, including not less than 1 grade level in elementary school, not less than 1 grade level in middle school, and not less than 1 grade level in high school. ``(B) The development of appropriate financial literacy assessments in the grade levels determined under subparagraph (A) that are valid, reliable, and comparable across the State. ``(C) Teacher professional development programs to embed financial literacy or personal finance education into core academic subjects. ``(D) An evaluation of the impact of financial literacy or personal finance education on students' understanding of financial literacy concepts. ``(f) Matching Funds.--An eligible entity that receives a grant under this section shall provide, from non-Federal sources, an amount equal to 25 percent of the amount of the grant award to carry out activities required under this section. ``(g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $125,000,000 for each of fiscal years 2009 through 2014.''. (b) Table of Contents.--The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 5537 the following: ``Subpart 13A--Financial Literacy Education ``Sec. 5538. Financial literacy education grants.''. SEC. 3. GRANTS TO PROMOTE POSTSECONDARY FINANCIAL LITERACY. Part A of title III of the Higher Education Act of 1965 (20 U.S.C. 1057 et seq.) is amended by adding at the end the following: ``SEC. 318. GRANTS TO PROMOTE POSTSECONDARY FINANCIAL LITERACY. ``(a) Authorization of Grant Awards.--The Secretary shall award grants, on a competitive basis, to eligible entities to enable such entities to provide financial literacy courses or course components to students. ``(b) Definition of Eligible Entity.--In this section, the term `eligible entity' means-- ``(1) an institution of higher education; or ``(2) a partnership consisting of-- ``(A) an institution of higher education; and ``(B) a nonprofit organization with experience and a proven track record in quality financial literacy or personal finance education programs. ``(c) Application.--An eligible entity that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. ``(d) Minimum Grant Amount.--The Secretary shall award grants under this section in amounts of not less than $500,000. ``(e) Use of Funds.--An eligible entity that receives a grant under this section shall use the grant funds to develop and implement financial literacy education, activities, student organizations, or counseling that increase student knowledge in consumer, economic, and personal financial concepts. ``(f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $125,000,000 for each of the fiscal years 2009 through 2014.''. | Financial Literacy Improvement Act of 2008 - Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to award formula matching grants to states or partnerships between states and experienced nonprofit providers of financial literacy or personal finance education programs. Requires grantees to use 25% of the grant funds to: (1) develop financial literacy standards and assessments for at least three grade levels; (2) create teacher training programs to embed financial literacy or personal finance education into core academic subjects; and (3) evaluate the impact such education has on students' financial literacy. Requires the remaining grant funds to be used for subgrants to local educational agencies (LEAs) or partnerships between LEAs and community organizations, local businesses, or other educational entities to implement such financial literacy activities, including student assessments and teacher training. Amends the Higher Education Act of 1965 to direct the Secretary to award competitive grants to institutions of higher education (IHEs) or partnerships between IHEs and experienced nonprofit providers of financial literacy or personal finance education programs for activities that increase student knowledge in consumer, economic, and personal financial concepts. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Star-Spangled Banner National Historic Trail Study Act of 1999''. SEC. 2. FINDINGS. Congress finds that-- (1) the British invasion of Maryland and Washington, District of Columbia, during the War of 1812 marks a defining period in the history of our Nation, the only occasion on which the United States of America has been invaded by a foreign power; (2) the Star-Spangled Banner National Historic Trail traces the arrival of the British fleet in the Patuxent River in Calvert County and St. Mary's County, Maryland, the landing of British forces at Benedict, the sinking of the Chesapeake Flotilla at Pig Point in Prince George's County and Anne Arundel County, Maryland, the American defeat at the Battle of Bladensburg, the siege of the Nation's Capital, Washington, District of Columbia (including the burning of the United States Capitol and the White House), the British naval diversions in the upper Chesapeake Bay leading to the Battle of Caulk's Field in Kent County, Maryland, the route of the American troops from Washington through Georgetown, the Maryland Counties of Montgomery, Howard, and Baltimore, and the City of Baltimore, Maryland, to the Battle of North Point, and the ultimate victory of the Americans at Fort McHenry on September 14, 1814, where a distinguished Maryland lawyer and poet, Francis Scott Key, wrote the words that captured the essence of our national struggle for independence, words that now serve as our national anthem, the Star-Spangled Banner; and (3) the designation of this route as a national historic trail-- (A) would serve as a reminder of the importance of the concept of liberty to all who experience the Star-Spangled Banner National Historic Trail; and (B) would give long overdue recognition to the patriots whose determination to stand firm against enemy invasion and bombardment preserved this liberty for future generations of Americans. SEC. 3. DESIGNATION OF TRAIL FOR STUDY. Section 5(c) of the National Trails System Act (16 U.S.C. 1244(c)) is amended-- (1) by redesignating paragraph (36) (as added by section 3 of the El Camino Real Para Los Texas Study Act of 1993 (107 Stat. 1497)) as paragraph (37) and in subparagraph (C) by striking ``detemine'' and inserting ``determine''; (2) by designating the paragraphs relating to the Old Spanish Trail and the Great Western Scenic Trail as paragraphs (38) and (39), respectively; and (3) by adding at the end the following: ``(40) Star-Spangled Banner National Historic Trail.-- ``(A) In general.--The Star-Spangled Banner National Historic Trail, tracing the War of 1812 route from the arrival of the British fleet in the Patuxent River in Calvert County and St. Mary's County, Maryland, the landing of the British forces at Benedict, the sinking of the Chesapeake Flotilla at Pig Point, the American defeat at the Battle of Bladensburg, the siege of the Nation's Capital, Washington, District of Columbia (including the burning of the United States Capitol and the White House), the British naval diversions in the upper Chesapeake Bay leading to the Battle of Caulk's Field in Kent County, Maryland, the route of the American troops from Washington through Georgetown, the Maryland Counties of Montgomery, Howard, and Baltimore, and the City of Baltimore, Maryland, to the Battle of North Point, and the ultimate victory of the Americans at Fort McHenry on September 14, 1814. ``(B) Affected areas.--The trail crosses eight counties within the boundaries of the State of Maryland, the City of Baltimore, Maryland, and Washington, District of Columbia. ``(C) Coordination with other congressionally mandated activities.--The study under this paragraph shall be undertaken in coordination with the study authorized under section 603 of the Omnibus Parks and Public Lands Management Act of 1996 (16 U.S.C. 1a-5 note; 110 Stat. 4172) and the Chesapeake Bay Gateways and Watertrails Network authorized under the Chesapeake Bay Initiative Act of 1998 (16 U.S.C. 461 note; 112 Stat. 2961). Such coordination shall extend to any research needed to complete the studies and any findings and implementation actions that result from the studies and shall use available resources to the greatest extent possible to avoid unnecessary duplication of effort. ``(D) Deadline for study.--Not later that 2 years after funds are made available for the study under this paragraph, the study shall be completed and transmitted with final recommendations to the Committee on Resources in the House of Representatives and the Committee on Energy and Natural Resources in the Senate.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate. | Star-Spangled Banner National Historic Trail Study Act of 1999 - Amends the National Trails System Act to require study for potential addition to the national trails system of the Star-Spangled Banner National Historic Trail (the route of the War of 1812 British invasion of Maryland and Washington, D.C., and the route of the American defense to victory at Fort McHenry on September 14, 1814). Requires the study to be done in coordination with certain other congressionally-mandated studies. Sets a two-year deadline for completion and transmittal to specified congressional committees. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Anthrax Attacks Investigation Act of 2008''. SEC. 2. ESTABLISHMENT OF COMMISSION. There is established a commission to be known as the ``National Commission on the Anthrax Attacks Upon the United States'' (in this Act referred to as the ``Commission''). SEC. 3. PURPOSES. The purposes of the Commission are to-- (1) examine and report upon the facts and causes relating to the anthrax letter attacks of September and October 2001; (2) ascertain, evaluate, and report on the evidence developed by all relevant governmental agencies regarding the facts and circumstances surrounding the attacks; (3) determine whether all credible leads and information regarding the potential perpetrators of the attacks were pursued with due diligence by Federal investigators; (4) ascertain the full range of individuals who could have had access to the type of anthrax used in the attacks, and determine the full extent to which all such individuals were thoroughly investigated for any potential involvement in the attacks; (5) make a full and complete accounting of the circumstances surrounding the attacks, and the extent of the Federal Governments' preparedness for, and immediate response to, the attacks; and (6) investigate and report to the President and Congress on its findings, conclusions, and recommendations for corrective measures that can be taken to prevent and respond to acts of bioterrorism. SEC. 4. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 11 members appointed as follows: (1) 1 member appointed by the President. (2) 1 member appointed by the Majority Leader of the Senate, in consultation with the Minority leader of the Senate, who shall serve as chairman of the Commission. (3) 1 member appointed by the Speaker of the House of Representatives, in consultation with the Minority Leader of the House, who shall serve as vice chairman of the Commission. (4) 2 members appointed by the Majority Leader of the Senate. (5) 2 members appointed by the Majority Leader of the House of Representatives. (6) 2 members appointed by the Minority Leader of the Senate. (7) 2 members appointed by the Minority Leader of the House of Representatives. (b) Qualifications.-- (1) Political party affiliation.--Not more than 6 members appointed to the Commission shall be from the same political party. (2) Nongovernmental appointees.--An individual appointed to the Commission may not be an officer or employee of the Federal Government or any State or local government. (3) Other qualifications.--It is the sense of Congress that individuals appointed to the Commission should be prominent United States citizens with national recognition and significant depth of experience in professions such as governmental service, law enforcement, law, public health, public administration, science and technology, intelligence gathering, commerce, transportation, and foreign affairs. (4) Deadline for appointment.--All members of the Commission shall be appointed no later than 60 days of the enactment of this Act. (c) Subcommittees.--The Chairman may establish subcommittees for the purpose of carrying out the duties of the Commission. (d) Meetings.-- (1) Initial meeting.--The Commission shall meet and begin the operations of the Commission as soon as practicable following the appointment of the 11 members. (2) Subsequent meetings.--The Commission shall meet upon the call of the chairman or a majority of its members. All such meetings shall be open to the public unless classified information or internal personnel matters involving the Commission are to be discussed, in which case such meetings shall be closed to the public. (e) Quorum.--6 members of the Commission shall constitute a quorum. (f) Vacancies.--Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. SEC. 5. DUTIES OF COMMISSION. (a) In General.--The duties of the Commission are to-- (1) conduct an investigation relating to the anthrax letter attacks of September and October 2001 that investigates relevant facts and circumstances surrounding the attacks, including any relevant legislation, Executive order, regulation, plan, policy, practice, or procedure; (2) ascertain, evaluate, and report on the evidence developed by all relevant governmental agencies regarding the facts and circumstances surrounding the attacks; (3) determine whether all credible leads and information regarding the potential perpetrators of the attacks were pursued with due diligence by Federal investigators; (4) ascertain the full range of individuals who could have had access to the type of anthrax used in the attacks and determine the full extent to which all such individuals were thoroughly investigated for any potential involvement in the attacks; (5) make a full and complete accounting of the circumstances surrounding the attacks, and the extent of the Federal Governments' preparedness for, and immediate response to, the attacks; (6) identify, review, and evaluate the lessons learned from the attacks regarding the structure, coordination, management policies, and procedures of the Federal Government, and, if appropriate, State and local governments and nongovernmental entities, relative to detecting, preventing, and responding to bioterrorism attacks; (7) submit to the President and Congress reports in accordance with section 10; and (8) bring to the attention of the Attorney General and Congress any evidence of potential violations of Federal law or regulations uncovered by the Commission during the course of its investigation. (b) Investigations and Reports.--The investigation and report authorized under subsection (a) may include relevant facts and circumstances relating to-- (1) intelligence and law enforcement agencies; (2) diplomacy; (3) the delivery, processing, and handling of mail, parcels, or packages within the United States or its territories by either government or commercial entities world- wide; (4) the ability of individuals or terrorist organizations to acquire the scientific knowledge and means to manufacture and deliver chemical, biological, or radiological weapons via mail, parcels, or packages; (5) the physical and personnel security measures and procedures employed by government, nonprofit, and private sector laboratories or other entities using, storing or shipping agents on the Centers for Disease Control's Select Agents and Toxins List; (6) the role of Congressional oversight and resource allocation; and (7) other areas of the public and private sectors determined relevant by the Commission for its inquiry. SEC. 6. POWERS OF COMMISSION. (a) In General.--The Commission or, on the authority of the Commission, any subcommittee or member thereof, shall, for the purpose of carrying out its duties-- (1) hold hearings and sit and act at such times and places as the Commission considers appropriate, take testimony, receive evidence, and administer oaths; and (2) in accordance with subsection (b), require, by subpoena or otherwise, the attendance and testimony of witnesses and the production of books, records, correspondence, memoranda, papers, and documents, as the Commission or designated subcommittee or member may determine advisable. (b) Subpoenas.-- (1) Issuance.--A subpoena may be issued by the Commission only-- (A) by the agreement of the chairman and the vice chairman; or (B) by the affirmative vote of a majority of members of the Commission. (2) Signature.--Subject to paragraph (1), subpoenas issued under this subsection may be issued under the signature of the chairman or any member designated by a majority of the Commission, and may be served by any person designated by the chairman or by a member designated by a majority of the Commission. (3) Service of subpoenas.--The subpoenas of the Commission shall be served in the manner provided for subpoenas issued by a United States district court under the Federal Rules of Civil Procedure for the United States district courts. (4) Service of process.--All process of any court to which an application is made under paragraph (3) may be served in the judicial district in which the person required to be served resides or may be found. (5) Enforcement.-- (A) In general.--In the case of contumacy or failure to obey a subpoena issued under this subsection, the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, or where the subpoena is returnable, may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as civil contempt. (B) Additional enforcement.--In the case of any failure of any witness to comply with any subpoena or to testify when summoned under authority of this section, the Commission may, by majority vote, certify a statement of fact constituting such failure to the appropriate United States attorney, who shall bring the matter before the grand jury for its action, under the same authority and procedures as if the United States attorney had received a certification under section 104 of the Revised Statutes of the United States (2 U.S.C. 194). (c) Public Reports; Hearings.-- (1) Requiring public access.--The Commission shall hold public hearings and meetings and release public versions of the reports submitted in accordance with section 10. (2) Protection of information.--Any public hearings of the Commission shall be conducted in a manner consistent with the protection of information provided to or developed for or by the Commission as required by any applicable statute, regulation, or Executive order. (d) Contract Authority.--The Commission may contract with and compensate government and private agencies or persons for services without regard to section 3709 of the Revised Statutes (41 U.S.C. 5). (e) Information From Federal Agencies.-- (1) In general.--The Commission is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Government, information, suggestions, estimates, and statistics for the purposes of this Act. (2) Declassification requests.--Each department, bureau, agency, board, commission, office, independent establishment, or instrumentality shall-- (A) review on an expedited basis any requests for declassification of classified material made by the Commission; and (B) declassify and supply to the Commission such information as the Commission requests consistent with applicable requirements to protect sources and methods. (f) Assistance From Federal Agencies.-- (1) General services administration.--The Administrator of General Services shall provide to the Commission on a reimbursable basis administrative support and other services for the performance of the Commission's functions. (2) Other departments and agencies.--In addition to the assistance prescribed in paragraph (1), departments and agencies of the United States at the request of the Commission shall provide such services, funds, facilities, staff, and other support services as may be authorized by law. (g) Gifts.--The Commission may accept, use, and dispose of gifts, bequests, devises of services or property, both real and personal, or donations of services or property, for the purpose of aiding or facilitating the work of the Commission. (h) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (i) Nonapplicability of Federal Advisory Committee Act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. SEC. 7. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF. The appropriate Federal agencies or departments shall cooperate with the Commission to provide the Commission members appropriate security clearances pursuant to existing procedures and requirements. SEC. 8. COMPENSATION AND TRAVEL EXPENSES. (a) Compensation.--Each member of the Commission may be compensated at a rate not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission. (b) Travel Expenses.--While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall receive travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code. SEC. 9. STAFF OF COMMISSION. (a) Appointment and Compensation.--Subject to the rules of the Commission, the chairman, in consultation with the vice chairman, may appoint and fix the compensation of a executive director and such other personnel as may be necessary to enable the Commission to carry out its functions, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. (b) Detailees.--Any Federal Government employee may be detailed to the Commission without reimbursement from the Commission, and shall retain the rights, status, and privileges of his or her regular employment without interruption. (c) Consultant Services.--The Commission may procure the services of experts and consultants in accordance with section 3109(b) of title 5, United States Code, but at rates not to exceed the daily rate paid under level IV of the Executive Schedule under section 5315 of title 5, United States Code. (d) National Academy of Sciences Staff Recommendations.--The chairman and vice chairman of the Commission shall seek the recommendations of the National Academy of Sciences regarding the desired qualifications of scientific staff to be hired directly or on a consultant basis by the Commission. (e) Prohibiting Conflicts of Interest.--No individual who participated in the criminal investigation into the anthrax letter attacks may be detailed to, or may provide any paid or unpaid services to, the Commission. SEC. 10. REPORTS OF THE COMMISSION. (a) Final Report.--Not later than 18 months after the date of the enactment of this Act, the Commission shall transmit a final report containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of the Commission, including proposing organization, coordination, planning and management arrangements, procedures, rules, and regulations. The final report shall be unclassified but may include a classified annex, if necessary. (b) Interim Reports.--The Commission may submit to the President and Congress interim reports containing findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of the Commission members. (c) Dissenting Views.--Both the interim and final reports shall contain the dissenting views of any commission member who wishes to have his or her views published. SEC. 11. TERMINATION. The Commission shall terminate 60 days after submitting its final report under section 10(a). SEC. 12. FUNDING. There are authorized to be appropriated such sums as are necessary for the operation of the Commission. | Anthrax Attacks Investigation Act of 2008 - Establishes the National Commission on the Anthrax Attacks Upon the United States to: (1) conduct an investigation of the anthrax letter attacks of September and October 2001; and (2) submit interim reports to the President and Congress and a final report on its findings with recommendations for corrective measures to prevent and respond to acts of bioterrorism. Directs the Commission to hold public hearings and release its reports to the public. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Affordable Housing Preservation Act of 1999''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) availability of low-income housing rental units has declined nationwide in the last several years; (2) as rents for low-income housing increase and the development of new units of affordable housing decreases, there are fewer privately owned, federally assisted affordable housing units available to low-income individuals in need; (3) the demand for affordable housing far exceeds the supply of such housing, as evidenced by recent studies; and (4) the efforts of nonprofit organizations have significantly preserved and expanded access to low-income housing. (b) Purposes.--The purposes of this Act are-- (1) to continue the partnerships among the Federal Government, State and local governments, nonprofit organizations, and the private sector in operating and assisting housing that is affordable to low-income persons and families; (2) to promote the preservation of affordable housing units by providing matching grants to States that have developed and funded programs for the preservation of privately owned housing that is affordable to low-income families and persons; and (3) to minimize the involuntary displacement of tenants who are currently residing in such housing, many of whom are elderly or disabled persons and families with children. SEC. 3. DEFINITIONS. In this Act: (1) Capital expenditures.--The term ``capital expenditures'' includes expenditures for acquisition and rehabilitation. (2) Low-income affordability restrictions.--The term ``low- income affordability restrictions'' means, with respect to a housing project, any limitations imposed by law, regulation, or regulatory agreement on rents for tenants of the project, rent contributions for tenants of the project, or income-eligibility for occupancy in the project. (3) Project-based assistance.--The term ``project-based assistance'' has the meaning given such term in section 16(c) of the United States Housing Act of 1937 (42 U.S.C. 1437n(c)), except that such term includes assistance under any successor programs to the programs referred to in such section. (4) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (5) State.--The term ``State'' means each of the several States and the District of Columbia. SEC. 4. AUTHORITY. The Secretary shall, to the extent amounts are made available in advance under section 12, award grants under this Act to States for low-income housing preservation and promotion. SEC. 5. APPLICATIONS. The Secretary shall provide for States (through appropriate State agencies) to submit applications for grants under this Act. The Secretary shall require the applications to contain any information and certifications necessary for the Secretary to determine who is eligible to receive such a grant. SEC. 6. USE OF GRANTS. (a) Eligible Uses.-- (1) In general.--Amounts from grants awarded under this Act may be used by States only for the purpose of providing assistance for acquisition, rehabilitation, operating costs, and capital expenditures for a housing project that meets the requirements under subsection (b), (c), (d), or (e). (2) Factors for consideration.--In selecting projects described in paragraph (1) for assistance with amounts from a grant awarded under this Act, the State shall-- (A) take into consideration-- (i) whether the assistance will be used to transfer the project to a resident-endorsed nonprofit organization; (ii) whether the owner of the project has extended the low-income affordability restrictions on the project for a period of more than 15 years; (iii) the extent to which the project is consistent with the comprehensive housing affordability strategy approved in accordance with section 105 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12705) for the jurisdiction in which the project is located; (iv) the extent to which the project location provides access to transportation, jobs, shopping, and other similar conveniences; (v) the extent to which the project meets fair housing goals; (vi) the extent to which the project serves specific needs that are not otherwise met by the local market, such as housing for the elderly or disabled, or families with children; (vii) the extent of local government resources provided to the project; and (viii) such other factors as the Secretary or the State may establish; and (B) ensure that, to the maximum extent practicable, projects in both urban and rural areas in the State receive assistance. (b) Projects With HUD-Insured Mortgages.--A project meets the requirements under this subsection only if-- (1) the project is financed by a loan or mortgage that is-- (A) insured or held by the Secretary under section 221(d)(3) of the National Housing Act (12 U.S.C. 1715l(d)(3)) and receiving loan management assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) due to a conversion from section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s); (B) insured or held by the Secretary and bears interest at a rate determined under the proviso of section 221(d)(5) of the National Housing Act (12 U.S.C. 1715l(d)(5)); or (C) insured, assisted, or held by the Secretary or a State or State agency under section 236 of the National Housing Act (12 U.S.C. 1715z-1); (2) the project is subject to an unconditional waiver of, with respect to the mortgage referred to in paragraph (1)-- (A) all rights to any prepayment of the mortgage; and (B) all rights to any voluntary termination of the mortgage insurance contract for the mortgage; and (3) if the low-income affordability restrictions on the project are for less than 15 years, the owner of the project has entered into binding commitments (applicable to any subsequent owner) to extend those restrictions, including any such restrictions imposed because of any contract for project- based assistance for the project, for a period of not less than 15 years (beginning on the date on which assistance is made available for the project by the State under this section). (c) Projects With Section 8 Project-Based Assistance.--A project meets the requirements under this subsection only if-- (1) the project is subject to a contract for project-based assistance; and (2) the owner of the project has entered into binding commitments (applicable to any subsequent owner)-- (A) to continue to renew such contract (if offered on the same terms and conditions) until the later of-- (i) the last day of the remaining term of the mortgage; or (ii) the date that is 15 years after the date on which assistance is made available for the project by the State under this section; and (B) to extend any low-income affordability restrictions applicable to the project in connection with such assistance. (d) Projects Purchased by Residents.--A project meets the requirements under this subsection only if the project-- (1) is or was eligible low-income housing (as defined in section 229 of the Low-Income Housing Preservation and Resident Homeownership Act of 1990 (42 U.S.C. 4119)) or is or was a project assisted under section 613(b) of the Cranston-Gonzalez National Affordable Housing Act (12 U.S.C. 4125(b)); (2) has been purchased by a resident council or resident- approved nonprofit organization for the housing or is approved by the Secretary for such purchase, for conversion to homeownership housing under a resident homeownership program meeting the requirements under section 226 of such Act (12 U.S.C. 4116); and (3) the owner of the project has entered into binding commitments (applicable to any subsequent owner) to extend such assistance for not less than 15 years (beginning on the date on which assistance is made available for the project by the State under this section) and to extend any low-income affordability restrictions applicable to the project in connection with such assistance. (e) Rural Rental Assistance Projects.--A project meets the requirements of this section only if-- (1) the project is a rural rental housing project financed under section 515 of the Housing Act of 1949 (42 U.S.C. 1485); and (2) the restriction on the use of the project (as required under section 502 of the Housing Act of 1949 (42 U.S.C. 1472)) will expire not later than 12 months after the date on which assistance is made available for the project by the State under this section. SEC. 7. AMOUNT OF STATE GRANTS. (a) In General.--Subject to section 8, in each fiscal year, the Secretary shall award to each State approved for a grant under this Act a grant in an amount based upon the proportion of such State's need for assistance under this Act (as determined by the Secretary in accordance with subsection (b)) to the aggregate need among all States approved for such assistance for such fiscal year. (b) Determination of Need.--In determining the proportion of a State's need under subsection (a), the Secretary shall consider-- (1) the number of units in projects in the State that are eligible for assistance under section 6 that, due to market conditions or other factors, are at risk for prepayment, opt- out, or otherwise at risk of being lost to the inventory of affordable housing; and (2) the difficulty that residents of projects in the State that are eligible for assistance under section 6 would face in finding adequate, available, decent, comparable, and affordable housing in neighborhoods of comparable quality in the local market, if those projects were not assisted by the State under section 6. SEC. 8. MATCHING REQUIREMENT. (a) In General.--The Secretary may not award a grant under this Act to a State for any fiscal year in an amount that exceeds twice the amount that the State certifies, as the Secretary shall require, that the State will contribute for such fiscal year, or has contributed since January 1, 1999, from non-Federal sources for the purposes described in section 6(a). (b) Treatment of Previous Contributions.--Any portion of amounts contributed after January 1, 1999, that are counted for purposes of meeting the requirement under subsection (a) for a fiscal year may not be counted for such purposes for any subsequent fiscal year. (c) Treatment of Tax Incentives.--Fifty percent of the funds used for the project that are allocable to tax credits allocated under section 42 of the Internal Revenue Code of 1986, revenue from mortgage revenue bonds issued under section 143 of such Code, or proceeds from the sale of tax-exempt bonds by any State or local government entity shall be considered non-Federal sources for purposes of this section. SEC. 9. TREATMENT OF SUBSIDY LAYERING REQUIREMENTS. Neither section 8 nor any other provision of this Act may be construed to prevent the use of tax credits allocated under section 42 of the Internal Revenue Code of 1986 in connection with housing assisted with amounts from a grant awarded under this Act, to the extent that such use is in accordance with section 102(d) of the Department of Housing and Urban Development Reform Act of 1989 (42 U.S.C. 3545(d)) and section 911 of the Housing and Community Development Act of 1992 (42 U.S.C. 3545 note). SEC. 10. REPORTS. (a) Reports to Secretary.--Not later than 90 days after the last day of each fiscal year, each State that receives a grant under this Act during that fiscal year shall submit to the Secretary a report on the housing projects assisted with amounts made available under the grant. (b) Reports to Congress.--Based on the reports submitted under subsection (a), the Secretary shall annually submit to Congress a report on the grants awarded under this section during the preceding fiscal year and the housing projects assisted with amounts made available under those grants. SEC. 11. REGULATIONS. Not later than 12 months after the date of enactment of this Act, the Secretary shall issue regulations to carry out this Act. SEC. 12. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated for grants under this Act such sums as may be necessary for each of fiscal years 2000 through 2004. | Affordable Housing Preservation Act of 1999 - Directs the Secretary of Housing and Urban Development to make matching grants to States to supplement State and local assistance for the preservation and promotion of low-income housing. Sets forth eligibility requirements for: (1) projects with Department of Housing and Urban Development-insured mortgages; (2) projects with section 8 project based assistance; (3) projects purchased by residents; and (4) rural rental assistance projects. Authorizes appropriations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Text a Tip Act of 2010''. SEC. 2. A PILOT PROGRAM FOR TEXTING CRIME TIPS. (a) In General.--The Attorney General may make grants to State or local law enforcement agencies to implement an anonymous tip program using cell phone text messaging that comply with the requirements of this Act. (b) Use of Funds.--A State or local law enforcement agency that receives a grant under this Act shall use amounts provided under the grant to develop, implement, or expand the anonymous tip system using cell phone text messaging which may include payment of the following expenses: (1) Salaries, personnel, training, technology, and other costs directly related to the operation of the program, including reward money. (2) Promotion of the program including public service announcements, printed advertisements, and other forms of marketing. (c) Federal Share.--The Federal share of a grant under this Act shall not exceed 75 percent of the cost of the program. (d) Supplement and Not Supplant.--Grant amounts received under this Act shall be used to supplement, and not supplant, non-Federal funds that would otherwise be available for activities funded under this Act. SEC. 3. PROGRAM REQUIREMENTS. A texting tip program of a State or local law enforcement agency eligible for a grant under this Act shall comply with the following requirements: (1) The State or local law enforcement agency shall administer the program. (2) The incoming text messages shall be stripped of any identifying information before it is transmitted to the law enforcement agency through a verifiable technology or third party. (3) The text tip shall not be traceable by any means. (4) The texting program shall not replace any existing 1- 800 tip hotlines. (5) The law enforcement agency shall train sufficient personnel to intercept and respond to the text tips. (6) The law enforcement agency shall, to the extent possible, make this program compatible with most mobile phone providers. (7) The texting program should include a unidentifiable code that can be given to the tipster if they want to send follow up information to the law enforcement agency, allowing for increased continuity and more accurate information. (8) The texting program shall include a feature to abort a tip while it is in the process of being given. (9) The law enforcement agency shall not impose any additional fees on the tipster's mobile phone. Only standard messaging rates from the tipster's mobile phone provider shall apply. (10) The law enforcement agency shall, to the extent possible, promote the texting program to encourage citizens, especially youth, to participate in the program. SEC. 4. APPLICATIONS. (a) In General.--To request a grant under this Act, a State or local law enforcement agency shall submit an application to the Attorney General in such form and containing such information as the Attorney General may reasonably require. (b) Certifications.--Each application for a grant under this Act shall contain the certification of the State or local law enforcement agency that the program for which the grant is requested meets each of the requirements of this Act. SEC. 5. REPORTS AND EVALUATIONS. (a) Recipients.--For each fiscal year, each recipient of a grant under this Act during that fiscal year shall submit to the Attorney General a report on a date specified by the Attorney General-- (1) regarding the effectiveness of activities carried out using that grant; and (2) including an evaluation in such form and containing such information as the Attorney General may reasonably require. (b) Attorney General.--The Attorney General shall submit a yearly report on the effectiveness on the activities carried out under this Act to the Committees on the Judiciary of the Senate and the House of Representatives. SEC. 6. DEFINITIONS. In this Act: (1) The term ``texting tip program'' means a program that-- (A) allows citizens to text tips anonymously to a law enforcement agency to aid in criminal justice; (B) strips texts of identifying information; and (C) is used by a law enforcement agency to prevent and solve crimes. (2) The term ``texting'' means sending written messages from a mobile phone. Texts is the plural form of text messages. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Attorney General to carry out this Act $5,000,000 for each of fiscal years 2011 through 2016. | Text a Tip Act of 2010 - Authorizes the Attorney General to make grants to state or local law enforcement agencies to implement an anonymous tip program using cell phone text messaging to assist police in preventing and solving crimes. Sets forth requirements for such program including that: (1) state or local law enforcement agencies shall administer the program; (2) incoming text message shall be stripped of any identifying information and the text tip shall not be traceable by any means; (3) law enforcement agencies shall train sufficient personnel to intercept and respond to text tips; (4) the program shall be made compatible with most mobile phone providers; and (5) law enforcement agencies shall promote the participation of citizens, especially youth, in the program. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Job Corps Improvement Act of 1996''. SEC. 2. SCREENING AND SELECTION OF APPLICANTS. Section 424 of the Job Training Partnership Act (29 U.S.C. 1694) is amended by adding at the end the following: ``(d) In prescribing standards and procedures for the screening and selection of applicants under subsection (a), the Secretary shall require that, not later than 30 days after the date on which an applicant applies for the Job Corps, the applicant-- ``(1) is tested for drug use and alcohol use; and ``(2) undergoes an appropriate background check.''. SEC. 3. STANDARDS OF CONDUCT. Section 430 of the Job Training Partnership Act (29 U.S.C. 1700) is amended by adding at the end the following: ``(c)(1) The Secretary shall establish standards that prohibit-- ``(A) the possession, distribution, or use of controlled substances by enrollees; ``(B) abuse of alcohol by enrollees; ``(C) acts of violence by enrollees; and ``(D) other related disruptive activities by enrollees. ``(2)(A) The director of a Job Corps center shall take appropriate disciplinary measures against an enrollee, including immediate dismissal of the enrollee from the Job Corps, if the director determines that the enrollee has violated any standard under paragraph (1). ``(B) A decision by a director of a Job Corps center to dismiss an enrollee from the Job Corps shall be subject to expeditious appeal in accordance with procedures established by the Secretary. ``(3) For purposes of this subsection, the term `controlled substance' has the meaning given such term under section 102 of the Controlled Substances Act (21 U.S.C. 802).''. SEC. 4. LIMITATION ON ADMINISTRATIVE EXPENSES. (a) In General.--Section 438 of the Job Training Partnership Act (29 U.S.C. 1708) is amended-- (1) in the matter preceding paragraph (1), by striking ``The Secretary'' and inserting ``(a) The Secretary''; and (2) by adding at the end the following: ``(b) For any fiscal year, the Secretary may not obligate or expend for the administration of the program an aggregate amount that is equal to or greater than 16 percent of the amount available for that fiscal year to carry out the program.''. (b) Effective Date.--Section 438(b) of such Act, as added by subsection (a), shall apply with respect to fiscal year 1997 and subsequent fiscal years. SEC. 5. REVIEW OF JOB CORPS CENTERS. (a) Review.--Not later than March 31, 1997, the Secretary of Labor shall conduct a review of the activities carried out under the Job Corps program under part B of title IV of the Job Training Partnership Act (29 U.S.C. 1691 et seq.), and submit to the Congress a report containing the results of the review, including-- (1) information on the amount of funds expended for fiscal year 1996 to carry out activities under such part, for each State and for the United States; (2) for each Job Corps center funded under such part, information on the amount of funds expended for fiscal year 1996 under such part to carry out activities related to the direct operation of the center, including funds expended for student training, outreach or intake activities, meals and lodging, student allowances, medical care, placement or settlement activities, and administration; (3) for each Job Corps center, information on the amount of funds expended for fiscal year 1996 under such part through contracts to carry out activities not related to the direct operation of the center, including funds expended for student travel, national outreach, screening, and placement services, national vocational training, and national and regional administrative costs; (4) for each Job Corps center, information on the amount of funds expended for fiscal year 1996 under such part for facility construction, rehabilitation, and acquisition expenses; (5) information on the amount of funds required to be expended under such part to complete each new or proposed Job Corps center, and to rehabilitate and repair each existing Job Corps center, as of the date of the submission of the report; (6) a summary of the information described in paragraphs (2) through (5) for all Job Corps centers; (7) an assessment of the need to serve youths in the Job Corps program, including-- (A) a cost-benefit analysis of the residential component of the Job Corps program; (B) the need for residential education and training services for youths, analyzed for each State and for the United States; and (C) the distribution of training positions in the Job Corps program, as compared to the need for the services described in subparagraph (B), analyzed for each State; (8) an overview of the Job Corps program as a whole and an analysis of individual Job Corps centers, including a 5-year performance measurement summary that includes information, analyzed for the program and for each Job Corps center, on-- (A) the number of enrollees served; (B) the number of former enrollees who entered employment, including the number of former enrollees placed in a position related to the job training received through the program and the number placed in a position not related to the job training received; (C) the number of former enrollees placed in jobs for 32 hours per week or more; (D) the number of former enrollees who entered employment and were retained in the employment for more than 13 weeks; (E) the number of former enrollees who entered the Armed Forces; (F) the number of former enrollees who completed vocational training, and the rate of such completion, analyzed by vocation; (G) the number of former enrollees who entered postsecondary education; (H) the number and percentage of early dropouts from the Job Corps program; (I) the average wage of former enrollees, including wages from positions described in subparagraph (B); (J) the number of former enrollees who obtained a secondary school diploma or its recognized equivalent; (K) the average level of learning gains for former enrollees; and (L) the number of former enrollees that did not-- (i) enter employment or postsecondary education; (ii) complete a vocational education program; or (iii) make identifiable learning gains; and (9) job placement rates for each Job Corps center and each entity providing services to a Job Corps center. (b) Implementation of Improvements.-- (1) In general.--The Secretary of Labor shall, based on the results of the review under subsection (a), make improvements in the operation of the Job Corps program, including-- (A) closing 5 Job Corps centers by September 30, 1997, and 5 additional Job Corps centers by September 30, 2000; (B) relocating Job Corps centers described in paragraph (2)(A)(iii) in cases in which facility rehabilitation, renovation, or repair is not cost- effective; and (C) taking any other action that would improve the operation of a Job Corps center or any other appropriate action, including closing such additional Job Corps center as the Secretary determines to be appropriate. (2) Considerations.-- (A) In general.--In implementing the improvements under paragraph (1) with respect to a Job Corps center, the Secretary shall consider whether the center-- (i) has consistently received low performance measurement ratings under the Department of Labor or the Office of Inspector General Job Corps rating system; (ii) is among the centers that have experienced the highest number of serious incidents of violence or criminal activity in the past 5 years; (iii) is among the centers that require the largest funding for renovation or repair, as specified in the Department of Labor Job Corps Construction/Rehabilitation Funding Needs Survey, or for rehabilitation or repair, as reflected in the portion of the review described in subsection (a)(5); (iv) is among the centers for which the highest relative or absolute fiscal year 1996 expenditures were made, for any of the categories of expenditures described in paragraph (2), (3), or (4) of subsection (a), as reflected in the review described in subsection (a); (v) is among the centers with the least State and local support; or (vi) is among the centers with the lowest rating on such additional criteria as the Secretary may determine to be appropriate. (B) Coverage of states and regions.-- Notwithstanding subparagraph (A), the Secretary shall not close a Job Corps center in a State or a region of the United States in which the center is the only Job Corps center in the State or region, as the case may be. (C) Allowance for new job corps centers.-- Notwithstanding any other provision of this section, if the planning or construction of a Job Corps center that received Federal funding for fiscal year 1994 or 1995 has not been completed by the date of enactment of this Act-- (i) the appropriate entity may complete the planning or construction and begin operation of the center; and (ii) the Secretary shall not evaluate the center under this section sooner than 3 years after the first date of operation of the center. (c) Biennial Report to Congress.--The Secretary shall report every two years to the Congress the information specified in paragraphs (8) and (9) of subsection (a) and such additional information relating to the Job Corps program as the Secretary may determine to be appropriate. | Job Corps Improvement Act of 1996 - Amends the Job Training Partnership Act with respect to the Job Corps program. Directs the Secretary of Labor to require that Job Corps applicants be tested for drug and alcohol use and undergo appropriate background checks. Directs the Secretary to establish Job Corps standards of conduct that prohibit enrollee possession, distribution, or use of controlled substances, abuse of alcohol, acts of violence, and other related disruptive activities. Requires the director of a Job Corps center to take appropriate disciplinary measures against an enrollee, including immediate dismissal, upon determination that the enrollee has violated any such standard. Subjects such dismissal decisions by directors to expeditious appeal procedures established by the Secretary. Limits the portion of Job Corps funds which may be used for program administration. Directs the Secretary to: (1) review and report to the Congress on Job Corps activities; and (2) make improvements, based on review results, in the operation of the Job Corps program, including specified numbers of closings and relocations of centers. Prohibits closing a Job Corps center if it is the only one in a State or a region. Allows completion of planning or construction and beginning of operation of any uncompleted Job Corps center that received Federal funding for FY 1994 or 1995. Prohibits the Secretary from evaluating any such center sooner than three years after the first date of operation. Directs the Secretary to report biennially to the Congress on specified matters relating to the Job Corps program. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``North Korea State Sponsor of Terrorism Designation Act of 2017''. SEC. 2. REPORT ON DESIGNATION OF GOVERNMENT OF NORTH KOREA AS A STATE SPONSOR OF TERRORISM. (a) Findings.--Congress finds the following: (1) The United States Government designated the Government of North Korea a state sponsor of terrorism on January 20, 1988. (2) On October 11, 2008, North Korea's designation as a state sponsor of terrorism was rescinded, following commitments by the Government of North Korea to dismantle its nuclear weapons program. However, North Korea has failed to live up to these commitments. (3) On October 22, 2015, the United States Special Representative for North Korea Policy with the Department of State, testified before the House Foreign Affairs Subcommittee on Terrorism, Nonproliferation, and Trade that North Korea's ``conduct poses a growing threat to the United States, our friends in the region, and the global nonproliferation regime'' and the Deputy Coordinator for Homeland Security, Screening, and Designations with the U.S. Department of State noted that ``weapons transfers that violate nonproliferation or missile control regimes could be a relevant factor for consideration, depending on the circumstances, consistent with the statutory criteria for designation as a state sponsor of terrorism''. (4) The Government of North Korea has harbored members of the Japanese Red Army since a 1970 hijacking and continues to harbor the surviving hijackers to this day. (5) On July 16, 2010, in the case of Calderon-Cardona v. Democratic People's Republic of Korea (case number 08-01367), the United States District Court for the District of Puerto Rico found that the Government of North Korea provided material support to the Japanese Red Army, designated as a foreign terrorist organization between 1997 and 2001, in furtherance of a 1972 terrorist attack at Lod Airport, Israel that killed 26 people, including 17 Americans. (6) In the case of Chaim Kaplan v. Hezbollah (case number 09-646), a United States district court found in 2014 that North Korea materially supported terrorist attacks by Hezbollah, a designated foreign terrorist organization, against Israel in 2006. (7) In June 2010, Major Kim Myong-ho and Major Dong Myong- gwan of North Korea's Reconnaissance General Bureau pled guilty in a South Korean court to attempting to assassinate Hwang Jang-yop, a North Korean dissident in exile, on the orders of Lieutenant General Kim Yong-chol, the head of North Korea's Reconnaissance General Bureau. The court sentenced each defendant to 10 years in prison. (8) In March 2015, the Government of South Korea concluded that North Korea was responsible for a December 2014 cyber attack against multiple nuclear power plants in South Korea. The South Korean Government stated that the attacks were intended to cause a malfunction at the plants' reactors, and described the attacks as acts of ``cyber-terror targeting our country''. (9) On December 19, 2015, the Federal Bureau of Investigation (FBI) concluded that North Korea was responsible for a cyber attack on Sony Pictures Entertainment and a subsequent threat of violence against theaters that showed the film ``The Interview''. The FBI concluded that the ``Guardians of Peace'', which sent the threat to Sony Pictures Entertainment, was a unit of North Korea's Reconnaissance General Bureau, its foreign intelligence service. (10) Malaysian authorities have alleged that officials from North Korea's secret police and Foreign Ministry were involved in the poisoning and killing of the estranged half-brother of the country's leader, Kim Jong-nam, using the chemical weapon VX nerve agent, a substance banned for use as a weapon by the United Nations Chemical Weapons Convention, on February 13, 2017, in Kuala Lumpur. (b) Sense of Congress.--It is the sense of the Congress that the Government of North Korea likely meets the criteria for designation as a state sponsor of terrorism and, if so should be so designated. (c) Determination.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a determination as to whether the Government of North Korea meets the criteria for designation as a state sponsor of terrorism. (d) Form.--The determination required by subsection (c) shall be submitted in unclassified form, but may include a classified annex, if appropriate. SEC. 3. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Relations of the Senate; and (B) the Committee on Foreign Affairs of the House of Representatives. (2) North Korea.--The term ``North Korea'' means the Government of the Democratic People's Republic of Korea. (3) State sponsor of terrorism.--The term ``state sponsor of terrorism'' means a country the government of which the Secretary of State has determined, for purposes of section 6(j) of the Export Administration Act of 1979 (50 U.S.C. 4605(j)) (as in effect pursuant to the International Emergency Economic Powers Act), section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371), section 40 of the Arms Export Control Act (22 U.S.C. 2780), or any other provision of law, is a government that has repeatedly provided support for acts of international terrorism. Passed the House of Representatives April 3, 2017. Attest: KAREN L. HAAS, Clerk. | North Korea State Sponsor of Terrorism Designation Act of 2017 This bill expresses the sense of Congress that the government of North Korea likely meets the criteria for designation as a state sponsor of terrorism and, if so, should be so designated. The Department of State shall submit to Congress a determination as to whether such government meets the criteria for designation as a state sponsor of terrorism. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Pension Equity Restoration Act of 1993''. SEC. 2. TREATMENT OF GOVERNMENTAL PLANS UNDER SECTION 415. (a) Definition of Compensation.--Subsection (k) of section 415 of the Internal Revenue Code of 1986 (regarding limitations on benefits and contributions under qualified plans) is amended by adding immediately after paragraph (2) thereof the following new paragraph: ``(3) Definition of compensation for governmental plans.-- For purposes of this section, in the case of a governmental plan (as defined in section 414(d)), the term `compensation' includes, in addition to the amounts described in subsection (c)(3)-- ``(A) any elective deferral (as defined in section 402(g)(3)), and ``(B) any amount which is contributed by the employer at the election of the employee and which is not includible in the gross income of an employee under section 125 or 457.'' (b) Compensation Limit.--Subsection (b) of section 415 of such Code is amended by adding immediately after paragraph (10) the following new paragraph: ``(11) Special limitation rule for governmental plans.--In the case of a governmental plan (as defined in section 414(d)), subparagraph (B) of paragraph (1) shall not apply.'' (c) Treatment of Certain Excess Benefit Plans.-- (1) In general.--Section 415 of such Code is amended by adding at the end thereof the following new subsection: ``(m) Treatment of Qualified Governmental Excess Benefit Arrangements.-- ``(1) Governmental plan not affected.--In determining whether a governmental plan (as defined in section 414(d)) meets the requirements of this section, benefits provided under a qualified governmental excess benefit arrangement shall not be taken into account. Income accruing to a governmental plan (or to a trust that is maintained solely for the purpose of providing benefits under a qualified governmental excess benefit arrangement) in respect of a qualified governmental excess benefit arrangement shall constitute income derived from the exercise of an essential governmental function upon which such governmental plan (or trust) shall be exempt from tax under section 115. ``(2) Taxation of participant.--For purposes of this chapter-- ``(A) the taxable year or years for which amounts in respect of a qualified governmental excess benefit arrangement are includible in gross income by a participant, and ``(B) the treatment of such amounts when so includible by the participant, shall be determined as if such qualified governmental excess benefit arrangement were treated as a plan for the deferral of compensation which is maintained by a corporation not exempt from tax under this chapter and which does not meet the requirements for qualification under section 401. ``(3) Qualified governmental excess benefit arrangement.-- For purposes of this subsection, the term `qualified governmental excess benefit arrangement' means a portion of a governmental plan if-- ``(A) such portion is maintained solely for the purpose of providing to participants in the plan that part of the participant's annual benefit otherwise payable under the terms of the plan that exceeds the limitations on benefits imposed by this section, ``(B) under such portion no election is provided at any time to the participant (directly or indirectly) to defer compensation, and ``(C) benefits described in subparagraph (A) are not paid from a trust forming a part of such governmental plan unless such trust is maintained solely for the purpose of providing such benefits.'' (2) Coordination with section 457.--Subsection (e) of section 457 of such Code is amended by adding at the end thereof the following new paragraph: ``(15) Treatment of qualified governmental excess benefit arrangements.--Subsections (b)(2) and (c)(1) shall not apply to any qualified governmental excess benefit arrangement (as defined in section 415(m)(3)), and benefits provided under such an arrangement shall not be taken into account in determining whether any other plan is an eligible deferred compensation plan.'' (3) Conforming amendment.--Paragraph (2) of section 457(f) of such Code is amended by striking the word ``and'' at the end of subparagraph (C), by striking the period after subparagraph (D) and inserting the words ``, and'', and by inserting immediately thereafter the following new subparagraph: ``(E) a qualified governmental excess benefit arrangement described in section 415(m).'' (d) Exemption for Survivor and Disability Benefits.--Paragraph (2) of section 415(b) of such Code is amended by adding at the end thereof the following new subparagraph: ``(I) Exemption for survivor and disability benefits provided under governmental plans.-- Subparagraph (B) of paragraph (1), subparagraph (C) of this paragraph, and paragraph (5) shall not apply to-- ``(i) income received from a governmental plan (as defined in section 414(d)) as a pension, annuity, or similar allowance as the result of the recipient becoming disabled by reason of personal injuries or sickness, or ``(ii) amounts received from a governmental plan by the beneficiaries, survivors, or the estate of an employee as the result of the death of the employee.'' (e) Revocation of Grandfather Election.--Subparagraph (C) of section 415(b)(10) of such Code is amended by adding at the end thereof the following new sentence: ``An election made pursuant to the preceding sentence to have the provisions of this paragraph applied to the plan may be revoked not later than the last day of the 3rd plan year beginning after the date of enactment with respect to all plan years as to which such election has been applicable and all subsequent plan years: Provided, That any amount paid by the plan in a taxable year ending after revocation of such election in respect of benefits attributable to a taxable year during which such election was in effect shall be includible in income by the recipient in accordance with the rules of this chapter in the taxable year in which such amount is received (except that such amount shall be treated as received for purposes of the limitations imposed by this section in the earlier taxable year or years to which such amount is attributable).'' (f) Effective Date.-- (1) In general.--The amendments made by subsections (a), (b), (c), and (d) shall apply to taxable years beginning on or after the date of the enactment of this Act. The amendments made by subsection (e) shall apply with respect to election revocations adopted after the date of the enactment of this Act. (2) Treatment for years beginning before date of enactment.--In the case of a governmental plan (as defined in section 414(d) of the Internal Revenue Code of 1986), such plan shall be treated as satisfying the requirements of section 415 of such Code for all taxable years beginning before the date of the enactment of this Act. | Public Pension Equity Restoration Act of 1993 - Amends the Internal Revenue Code to allow deferred compensation to be included in governmental retirement plans. Removes the special rule for governmental plans which limits benefits to 100 percent of the average compensation for the highest three years. Removes excess benefit arrangements and survivor and disability benefits from limitations on governmental plans. Provides a mechanism to pay benefits above limitations to certain employees. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Equal Surety Bond Opportunity Act''. SEC. 2. EQUAL SURETY BOND OPPORTUNITY REQUIREMENTS. (a) Activities Constituting Discrimination.--It shall be unlawful for any surety to discriminate against any applicant, with respect to any aspect of a surety bond transaction-- (1) on the basis of race, color, religion, national origin, sex, marital status, sexual orientation, disability, or age (if the applicant has the capacity to contract); (2) because the applicant has in good faith exercised any right under this Act; (3) because the applicant previously obtained a bond through an individual or personal surety; or (4) because the applicant previously obtained a bond through-- (A) any bonding assistance program expressly authorized by law; (B) any bonding assistance program administered by a nonprofit organization for its members or an economically disadvantaged class of persons; or (C) any special purpose bonding program offered by a profit-making organization to meet special needs. (b) Activities Not Constituting Discrimination.--It shall not constitute discrimination for purposes of this Act for a surety-- (1) to make an inquiry of marital status if such inquiry is for the purpose of ascertaining the surety's rights and remedies applicable to the granting of a bond and not to discriminate in a determination of bondability; (2) to make an inquiry of the applicant's age if such inquiry is for the purpose of determining the amount and probable continuance of bondability; or (3) to make an inquiry as to where the applicant has previously obtained a bond, in order to determine bonding history, or other pertinent element of bondability, except that an applicant may not be assigned a negative factor or value because the applicant previously obtained a bond through-- (A) an individual or personal surety; (B) a bonding assistance program expressly authorized by law; (C) any bonding program administered by a nonprofit organization for its members or an economically disadvantaged class of persons; or (D) any special purpose bonding program offered by a profit-making organization to meet special needs. (c) Additional Activities Not Constituting Discrimination.--It is not a violation of this Act for a surety to refuse to issue a bond pursuant to-- (1) any bonding assistance program authorized by law for an economically disadvantaged class of persons; (2) any bonding assistance program administered by a nonprofit organization for its members or an economically disadvantaged class of persons; or (3) any special purpose bonding program offered by a profit-making organization to meet special needs; if such refusal is required by or made pursuant to such program. (d) Reasons for Adverse Action; Procedure Applicable; Definition.-- (1) Notice required.-- (A) In general.--Except as provided in subparagraph (B), any surety approved under section 9304 of title 31, United States Code, shall notify an applicant of the surety's action on a completed application before the end of the 10-day period beginning on the date the application is filed with the surety. (B) Extension.--The 10-day period referred to in subparagraph (A) may be extended an additional 10 days if the surety has not issued a bond to the applicant during the 1-year period ending on the date the application is filed with the surety. (2) Statement of reasons.-- (A) In general.--Each applicant against whom adverse action is taken shall be entitled to a statement of reasons for such action from the surety. (B) Acceptable forms of statement.--A surety satisfies the requirement established under subparagraph (A) by-- (i) providing a statement of reasons in writing as a matter of course to applicants against whom adverse action is taken; or (ii) giving written notification of adverse action which discloses-- (I) the applicant's right to a statement of reasons within 30 days after receipt by the surety of a request made within 60 days after such notification; and (II) the identity of the person or office from which such statement may be obtained. (C) Oral statement permitted.--Such statement may be given orally if the written notification advises the applicant of the applicant's right to have the statement of reasons confirmed in writing on written request. (3) Specificity of reasons.--A statement of reasons meets the requirements of this Act only if it contains specific reasons for the adverse action taken. (4) Applicability in case of 3d party applications.--In the case of a request to a surety by a third party to issue a bond directly or indirectly to an applicant, the notification and statement of reasons required by this section may be made directly by such surety, or indirectly through the third party, if the identity of the surety is disclosed to the applicant. (5) Applicability in case of sureties which accept few applications.--The requirements of paragraph (2), (3), or (4) may be satisfied by oral statements or notifications in the case of any surety who did not act on more than 100 applications during the calendar year in which the adverse action is taken. (e) Adverse Action Defined.--For purposes of this Act, the term ``adverse action''-- (1) means a denial of a bond, a change in the terms of an existing bonding arrangement, or a refusal to issue a bond in the amount or on substantially the terms requested; and (2) does not include any refusal to issue an additional bond under an existing bonding arrangement where the applicant is in default, or where such additional bond would exceed a previously established bonding limit. SEC. 3. CIVIL LIABILITY. (a) Damages.--Any surety who fails to comply with section 2(a) shall be liable to the aggrieved applicant for-- (1) any actual damage sustained by such applicant (individually or as a member of a class); and (2) in the case of any successful action under this section, the costs of the action, together with reasonable attorney's fees as determined by the court. (b) Equitable Relief.--Upon application by an aggrieved applicant, a court of competent jurisdiction may enjoin a surety from violating the requirements of this Act or grant such other equitable relief as the court determines to be appropriate to enforce such requirements. (c) Jurisdiction.--Any action under this section may be brought in any United States district court, or in any other court of competent jurisdiction, within 1 year after the date of the occurrence of the violation involved. SEC. 4. ADMINISTRATIVE ENFORCEMENT. (a) In General.--A company may not be approved as a surety by the Secretary of the Treasury under section 9304 of title 31, United States Code, or provide any surety bond pursuant to such section unless such company maintains full compliance with the requirements of this Act. (b) Requirements Relating to Enforceability of Act.-- (1) Signed statement of compliance with application.-- Section 9305(a) of title 31, United States Code, is amended-- (A) by striking ``and'' at the end of paragraph (1); (B) by striking the period at the end of paragraph (2) and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(3) a statement of compliance with the Equal Surety Bond Opportunity Act which is signed under penalty of perjury by the president and the secretary of the corporation.''. (2) Compliance as a condition for approval of application.--Section 9305(b) of title 31, United States Code, is amended-- (A) by striking ``and'' at the end of paragraph (2); (B) by striking the period at the end of paragraph (3) and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(4) the corporation is in full compliance with the Equal Surety Bond Opportunity Act.''. (3) Signed statement of compliance with quarterly reports.--Section 9305(c) of title 31, United States Code, is amended by inserting ``and a statement of compliance with the Equal Surety Bond Opportunity Act'' before the period. (4) Enforcement authority of secretary of the treasury.-- Section 9305(d) of title 31, United States Code, is amended-- (A) in paragraph (1), by inserting ``or the provisions of the Equal Surety Bond Opportunity Act'' before the semicolon; (B) by striking ``and'' at the end of paragraph (2); (C) by striking the period at the end of paragraph (3) and inserting ``; and''; and (D) by adding at the end the following new paragraph: ``(4) may, after the end of the 1-year period beginning on the effective date of any revocation under paragraph (1) of the authority of a surety corporation for noncompliance with the Equal Surety Bond Opportunity Act, reauthorize such corporation to provide surety bonds under section 9304.''. (5) Revocation for failure to pay certain judgments.-- Section 9305(e) of title 31, United States Code, is amended-- (A) by striking ``and'' at the end of paragraph (1); (B) by redesignating paragraph (2) as paragraph (3); and (C) by inserting after paragraph (1) the following new paragraph: ``(2) the corporation does not pay a final judgment or order against the corporation for noncompliance with the Equal Surety Bond Opportunity Act or fails to comply with any order under section 3(c) of such Act;''. (c) Technical and Conforming Amendment.--Section 9304(a)(3) of title 31, United States Code, is amended by inserting ``and section 4(a) of the Equal Surety Bond Opportunity Act'' before the period. (d) Regulations.-- (1) In general.--The Secretary of the Treasury shall prescribe such regulations as may be necessary to carry out the purposes of this Act. (2) Initial regulations.--The initial regulations prescribed pursuant to paragraph (1) shall take effect at the earliest practicable date after the date of the enactment of this Act and not later than the end of the 1-year period beginning on such date of enactment. SEC. 5. EFFECTIVE DATE. Sections 2(d) and 4(a) shall take effect on the earlier of-- (1) the effective date of the initial regulations prescribed pursuant to section 4(d); or (2) the end of the 1-year period beginning on the date of the enactment of this Act. | Equal Surety Bond Opportunity Act - Cites activities that constitute unlawful discrimination by a surety against an applicant in a surety bond transaction, including denial: (1) on the basis of race, color, religion, national origin, sex, marital status, sexual orientation, or disability; or (2) because the applicant previously obtained a bond through a certain bonding assistance program or any special purpose bonding program.Requires a surety to notify an applicant of action on the surety application within ten days of its filing.Entitles an applicant against whom adverse action is taken to a statement of reasons for such action.Subjects a surety to liability to the aggrieved applicant for both actual damages and legal costs for noncompliance with this Act.Mandates full compliance with this Act as a condition for approval as surety by the Secretary of the Treasury. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Making Your Retirement Accessible Act'' or the ``MyRA Act''. SEC. 2. MYRA ACCOUNTS. (a) In General.--Section 408A of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(g) MyRA Accounts.-- ``(1) Special rule for contributions from tax refunds.--A taxpayer may elect to contribute any portion of an overpayment of income tax for a taxable year to a MyRA account. The amount elected under the preceding sentence-- ``(A) shall not exceed the amount allowed as a credit under section 25B for the taxable year, and ``(B) shall not be treated as qualified retirement contributions for purposes of section 219. ``(2) Direct deposit.--The Secretary shall provide for direct deposit of refunds from overpayments of income tax by a taxpayer to the MyRA account of a participant. ``(3) MyRA account defined.--For purposes of this subsection, the term `MyRA account' means a Roth IRA which meets the requirements of section 3106(d) of title 31, United States Code.''. (b) MyRA Program.--Section 3106 of title 31, United States Code, is amended by adding at the end the following new subsection: ``(d)(1) The Secretary shall, in accordance with this subsection, establish and carry out a program of individual savings accounts to be known as `MyRA accounts' under which the Secretary shall, upon receipt of contributions in cash by or on behalf of a participant, issue retirement savings bonds to the MyRA account of the participant. ``(2) In carrying out the program under paragraph (1), the Secretary shall-- ``(A) administer a MyRA account for each participant and credit bonds issued to the participant to the MyRA account of the participant, ``(B) serve as custodian of assets in the program, ``(C) issue retirement savings bonds described in paragraph (4), and ``(D) issue to each participant an annual statement relating to the participant's MyRA account. ``(3) For purposes of this subsection, the term `MyRA account' means a Roth IRA (as defined in section 408A of the Internal Revenue Code of 1986) established by the Secretary on behalf of a participant. ``(4) A retirement savings bond issued under this subsection shall-- ``(A) earn interest at the same annual percentage rate as securities issued to the Government Securities Investment Fund in the Thrift Savings Plan for Federal employees, as determined under section 8438(e)(2) of title 5, United States Code, ``(B) shall be compounded daily at \1/360\ of the annual percentage rate, ``(C) shall have a maturity date that is indeterminate and may differ for each bond issued, but that does not exceed the earlier of 30 years from the date the bond is first issued on behalf of the participant or when the total value of all such bonds held on behalf of the participant in the MyRA account reaches $15,000, ``(D) shall cease to bear interest on the date of maturity, and ``(E) shall be redeemed by the Secretary upon maturity. ``(5) Upon reaching maturity the Secretary shall transfer the entire amount in the MyRA account in a manner that meets the rollover requirements of section 408(d)(3) to a Roth IRA (other than a MyRA account) of the participant administered by a trustee who meets the satisfaction requirements of the Secretary under section 408(a)(2). For purposes of this paragraph, the Secretary shall make transfers to eligible trustees on a rotating basis unless the participant elects otherwise. ``(6) The Secretary shall accept contributions from employers on behalf of employees by direct deposit. ``(7) The Secretary shall accept contributions from participants by direct deposit. ``(8) Participant information under the program under this subsection shall be exempt from disclosure to the public. ``(9) The Secretary shall issue a quarterly report to Congress-- ``(A) listing the number of accounts created in that quarter, the total number of accounts in existence, the overall value of assets in the accounts, and the number of taxpayers per zip code (of the taxpayer) who have created accounts; and ``(B) the names of employers who paid fines for failure of the employer to notify their employees of these accounts. ``(10) The Secretary shall issue such regulations or other guidance as may be necessary or appropriate to carry out this subsection.''. (c) Employer Requirements.-- (1) Chapter 43 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``SEC. 4980J. FAILURE OF EMPLOYER RELATING TO MYRA ACCOUNTS. ``(a) Imposition of Tax.--There is hereby imposed a tax on the failure of any employer to meet the requirements of subsection (e) with respect to any employee. ``(b) Amount of Tax.-- ``(1) In general.--The amount of tax imposed by subsection (a) on any failure with respect to any employee shall be $100 for each day in the noncompliance period with respect to such failure. ``(2) Noncompliance period.--For purposes of this section, the term `noncompliance period' means, with respect to any failure, the period beginning on the date the failure first occurs and ending on the date the notice to which the failure relates is provided or the failure is otherwise corrected. ``(c) Limitations on Amount of Tax.-- ``(1) Tax not to apply where failure not discovered and reasonable diligence exercised.--No tax shall be imposed by subsection (a) on any failure during any period for which it is established to the satisfaction of the Secretary that any employer subject to liability for the tax under subsection (d) did not know that the failure existed and exercised reasonable diligence to meet the requirements of subsection (e). ``(2) Tax not to apply to failures corrected within 30 days.--No tax shall be imposed by subsection (a) on any failure if-- ``(A) any employer subject to liability for the tax under subsection (d) exercised reasonable diligence to meet the requirements of subsection (e), and ``(B) such employer provides the notice described in subsection (e) during the 30-day period beginning on the first date such employer knew, or exercising reasonable diligence would have known, that such failure existed. ``(3) Overall limitation for unintentional failures.-- ``(A) In general.--If the employer subject to liability for tax under subsection (d) exercised reasonable diligence to meet the requirements of subsection (e), the tax imposed by subsection (a) for failures during the taxable year of the employer shall not exceed $500,000. ``(B) Taxable years in the case of certain controlled groups.--For purposes of this paragraph, if all persons who are treated as a single employer for purposes of this section do not have the same taxable year, the taxable years taken into account shall be determined under principles similar to the principles of section 1561. ``(4) Waiver by secretary.--In the case of a failure which is due to reasonable cause and not to willful neglect, the Secretary may waive part or all of the tax imposed by subsection (a) to the extent that the payment of such tax would be excessive or otherwise inequitable relative to the failure involved. ``(d) Liability for Tax.--The employer shall be liable for the tax imposed by subsection (a). ``(e) Employer Requirements Relating to MyRA Accounts.-- ``(1) In general.--An employer who pays wages to any employee through direct deposit shall make contributions through direct deposit to the MyRA account of the amount of wages designated by an employee who elects to participate in the MyRA program under section 3106(d) of title 31, United States Code. ``(2) Exception.--Paragraph (1) shall not apply to any employer with respect to an employee if the employer offers an employer-sponsored qualified retirement plan to the employee. ``(3) Notice requirement.--Each employer shall, in each paystub, provide a uniform notice to employees on how the employees can create a MyRA account.''. (2) The table of sections for chapter 43 of such Code is amended by adding at the end the following new item: ``Sec. 4980J. Failure of employer relating to MyRA accounts.''. (d) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. | Making Your Retirement Accessible Act or the MyRA Act This bill amends the Internal Revenue Code to establish an employee retirement option known as a MyRA account. A MyRA account functions as a Roth Individual Retirement Account. An employee who elects to establish a MyRA account may contribute any portion of a tax refund or make automatic payroll contributions to the account. The funding of MyRA accounts is limited to retirement savings bonds issued by the Department of the Treasury with a specified interest rate and maturity date. The bill imposes a tax on any employer who fails to comply with the requirement for making direct deposits to a MyRA account of wages designated by an employee. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Sequoia-Kings Canyon National Park Wilderness Act of 2007''. SEC. 2. DEFINITIONS. In this Act: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (2) State.--The term ``State'' means the State of California. SEC. 3. DESIGNATION OF WILDERNESS AREAS. In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following areas in the State are designated as wilderness areas and as components of the National Wilderness Preservation System: (1) John krebs wilderness.-- (A) Designation.--Certain land in Sequoia-Kings Canyon National Park, comprising approximately 69,500 acres of land, as generally depicted on the map entitled ``John Krebs Wilderness Proposal-Hockett Plateau/Mineral King'' and dated July 2007 and the map entitled ``John Krebs Wilderness Proposal-Enlargement of Mineral King Area'' and dated May 2007, to be known as the ``John Krebs Wilderness''. (B) Limitations.--The designation of the wilderness under subparagraph (A) does not-- (i) preclude operation and maintenance of the existing Hockett Meadow Cabin and Quinn Patrol Cabin in the same manner and degree in which the cabins were operated and maintained on the day before the date of enactment of this Act; or (ii) prohibit the operation, maintenance, and repair of the small check dams and water impoundments on Lower Franklin Lake, Crystal Lake, Upper Monarch Lake, and Eagle Lake. (C) Effect.--Nothing in this paragraph affects-- (i) the cabins in, and adjacent to, Mineral King Valley; or (ii) the private inholdings known as ``Silver City'' and ``Kaweah Han''. (2) Sequoia-kings canyon national park wilderness addition.--Certain land in the North Fork/Redwood Canyon, California, comprising approximately 43,450 acres, and certain land in Chimney Rock, California, comprising approximately 1,736 acres, as generally depicted on the map entitled ``Redwood Canyon/North Fork/Chimney Rock Wilderness Proposal'' and dated June 2007, is incorporated in, and shall be considered to be a part of, the Sequoia-Kings Canyon National Park Wilderness. SEC. 4. ADMINISTRATION OF WILDERNESS AREAS. (a) In General.--Subject to valid existing rights, each area designated as wilderness by this Act shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that any reference in the Wilderness Act to the effective date of the Wilderness Act shall be considered to be a reference to the date of enactment of this Act. (b) Map and Legal Description.-- (1) Submission of map and legal description.--As soon as practicable, but not later than 3 years, after the date of enactment of this Act, the Secretary shall file a map and legal description of each area designated as wilderness by this Act 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 and effect.--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 any clerical or typographical error in the map or legal description. (3) Public availability.--The map and legal description filed under paragraph (1) shall be on file and available for public inspection in the Office of the Secretary. (c) Hydrologic, Meteorologic, and Climatological Devices, Facilities, and Associated Equipment.--Nothing in this Act-- (1) prevents the installation and maintenance of, or if nonmotorized access is not reasonably available or time is of the essence, limited motorized access to, hydrologic, meteorologic, or climatological devices or facilities and communication equipment associated with the devices, if the devices, facilities, or equipment are essential to flood warning, flood control, water supply forecasting, or reservoir operation purposes; or (2) precludes or restricts the use of utility helicopters for inspection or surveillance of utility facilities in the vicinity of an area designated as wilderness by this Act. (d) No Buffer Zones.-- (1) In general.--Nothing in this Act creates a protective perimeter or buffer zone around an area designated as wilderness by this Act. (2) Activities outside wilderness.--The fact that a nonwilderness activity or use can be seen or heard from within an area designated as wilderness by this Act shall not preclude the conduct of the activity or use outside the boundary of the wilderness. (e) Horseback Riding.--Nothing in this Act precludes horseback riding in, or the entry of recreational or commercial saddle or pack stock into, an area designated as wilderness by this Act. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act. | Sequoia-Kings Canyon National Park Wilderness Act of 2007 - Designates the following areas in California as wilderness areas and as components of the National Wilderness Preservation System: (1) certain land in Sequoia-Kings Canyon National Park, which shall be known as the John Krebs Wilderness; and (2) certain land in the North Fork/Redwood Canyon, which shall be considered to be a part of the Sequoia-Kings Canyon National Park Wilderness. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Indian Civil Rights Enforcement Act''. SEC. 2. FINDINGS. Congress finds that-- (1) title II of the Civil Rights Act of 1968 (25 U.S.C. 1301 et seq.) (commonly known as the ``Indian Civil Rights Act'') was enacted to protect the civil rights of individuals who interact with tribal governments and other tribal organizations; (2) individuals who interact with tribal governments and other tribal organizations continue to suffer civil rights abuses, including unfair dismissals from employment with a tribal government or other tribal organization, election irregularities, and improper use of law enforcement authority; (3) a 1991 report of the United States Commission on Civil Rights found that the enforcement of rights guaranteed by the Act commonly known as the ``Indian Civil Rights Act'' continued to be impeded by reluctance among Indian tribes to waive tribal immunity; (4) Congress has considered the impediments to enforcing the Act commonly known as the ``Indian Civil Rights Act'' for a period preceding the date of enactment of this Act of more than 10 years; (5) under article III of the Constitution of the United States, individuals have the opportunity to seek action in a district court of the United States after exhausting remedies in tribal courts for enforcement of the Act commonly known as the ``Indian Civil Rights Act''; and (6) to provide for the opportunity referred to in paragraph (5), tribal immunity should be waived. SEC. 3. DEFINITIONS. In this Act: (1) Indian tribe.--The term ``Indian tribe'' means any Indian tribe or band with a governing body duly recognized by the Secretary of the Interior. (2) Tribal government.--The term ``tribal government'' means a governing body of an Indian tribe referred to in paragraph (1). (3) Tribal immunity.--The term ``tribal immunity'' means the immunity of an Indian tribe from jurisdiction of the courts, judicial review of an action of that Indian tribe, and other remedies. (4) Tribal organization.--The term ``tribal organization'' has the meaning given that term in section 4(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(l)). SEC. 4. INDIAN CIVIL RIGHTS ACT ENFORCEMENT. Title II of the Civil Rights Act of 1968 (commonly known as the ``Indian Civil Rights Act'') (25 U.S.C. 1301 et seq.) is amended by adding at the end the following: ``SEC. 204. ENFORCEMENT. ``(a) In General.--The district courts of the United States shall have jurisdiction in any civil rights action alleging a failure to comply with rights secured by the requirements of this title. ``(b) Compliance.--Upon exhaustion of remedies in a tribal court of appropriate jurisdiction (if any) to seek compliance with rights secured under this title as are timely and reasonable, an aggrieved individual may bring an action against an Indian tribe (including a tribal organization (as that term is defined in section 4(l) of that Act (25 U.S.C. 450b(l)) or official of that Indian tribe)) in a district court of the United States, or the Attorney General of the United States may bring such an action against an Indian tribe for-- ``(1) a declaratory judgment; or ``(2) equitable relief (including injunctive relief) against an Indian tribe, to the extent necessary to enforce the rights secured under this title. ``(c) Treatment of Findings of Tribal Court.-- ``(1) In general.--In a civil action brought under subsection (b), the district court shall adopt any findings of fact made by the tribal court involved (if any) with respect to the action, unless the district court determines that-- ``(A) the tribal court did not operate independently from the legislative or executive authority of the Indian tribe involved; ``(B) the tribal court was not authorized to determine matters of law and fact, or the tribal court did not fully determine those matters; ``(C) the tribal court permitted a person or entity subject to this title to assert a defense of immunity in a declaratory action or an action to seek equitable relief; ``(D) the tribal court failed to resolve the merits of the factual dispute involved; ``(E) the tribal court employed a factfinding procedure that was not adequate to afford a full and fair hearing; ``(F) the tribal court did not adequately develop facts that are material to the case; ``(G) the tribal court failed to provide a full, fair, and adequate hearing; or ``(H) the factual determinations of the tribal court are not fairly supported by the record. ``(2) De novo review.--In any action described in paragraph (1), if the court finds that a condition described in subparagraph (A), (B), (C), (D), (E), (F), (G), or (H) of that paragraph applies, the district court shall conduct a de novo review of the allegations contained in the complaint. ``(d) Waiver of Tribal Immunity.--To the extent necessary to enforce this title, the tribal immunity (as that term is defined in section 3 of the Indian Civil Rights Enforcement Act) of an Indian tribe subject to an action under subsection (b) is waived.''. | Indian Civil Rights Enforcement Act - Amends the Indian Civil Rights Act to grant jurisdiction to the U.S. district courts in any civil rights action alleging a failure to comply with rights secured under such Act. Permits an aggrieved individual or the Attorney General to bring an action in a U.S. district court for a declaratory judgment or equitable relief against an Indian tribe , upon exhaustion of remedies in a tribal court of appropriate jurisdiction (if any), to seek compliance with such rights as are timely and reasonable. Provides for the district court to adopt any findings of fact made by the tribal court (if any) with respect to the action, unless it determines that the tribal court: (1) did not operate independently from the legislative or executive authority of the tribe; (2) was not authorized to determine matters of law and fact or did not fully determine those matters; (3) permitted a person or entity to assert a defense of immunity in a declaratory action or an action to seek equitable relief; (4) failed to resolve the merits of the factual dispute; (5) employed a fact finding procedure that was not adequate to afford a full and fair hearing; (6) did not adequately develop facts that are material to the case; (7) failed to provide a full, fair, and adequate hearing; or (8) made factual determinations that are not fairly supported by the record. Requires the district court, if it finds that such a condition applies, to conduct a de novo review of the allegations contained in the complaint. Waives tribal immunity if necessary to enforce this Act. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``National Collegiate Athletics Advancement Act of 2018'' or the ``NCAA Act of 2018''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--ATHLETES ENROLLED IN INSTITUTIONS OF HIGHER EDUCATION Sec. 10. Enforcement. Sec. 11. Amateurism. Sec. 12. Scholarships. Sec. 13. Returning athlete scholarships. Sec. 14. Student-athlete work opportunity. Sec. 15. Student-athlete injury coverage. TITLE II--COLLECTIVE BARGAINING AGREEMENTS Sec. 21. Collective bargaining agreements in professional sports. TITLE III--GENERAL PROVISIONS Sec. 31. Annual report. Sec. 32. Definitions. TITLE I--ATHLETES ENROLLED IN INSTITUTIONS OF HIGHER EDUCATION SEC. 10. ENFORCEMENT. Section 487(a) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)) is amended by adding at the end the following: ``(30) The institution will comply with the requirements of title I of the NCAA Act of 2018.''. SEC. 11. AMATEURISM. (a) In General.--Except as provided in subsection (b), an institution of higher education may not restrict, or be a member of an intercollegiate athletic association that restricts amateur athletes from participating in amateur sports. (b) Restrictions.--Subsection (a) shall not apply to restrictions with respect to-- (1) performance enhancement drugs; (2) controlled substances which are illegal under the State laws in which the institution is located; (3) educational requirements; or (4) student code violations. SEC. 12. SCHOLARSHIPS. (a) Freshmen Scholarship Requirements.-- (1) In general.--In the case of a student described in paragraph (2), an institution of higher education may only provide a scholarship for at least 2 concurrent academic years. (2) Student described.--A student described under this paragraph is a student who-- (A) participates as an athlete in a collegiate revenue-generating sport; (B) is an incoming freshman at such institution; and (C) does not transfer to such institution from another institution of higher education. (b) Other Student Athletes.-- (1) In general.--In the case of a student described in paragraph (2), an institution of higher education may only provide a scholarship for at least 1 academic year. (2) Student described.--A student described in this paragraph is a student who-- (A) participates as an athlete in a collegiate revenue-generating sport; and (B) is not a recipient of a scholarship under subsection (a). (c) Amount of Scholarship.--The amount of a scholarship under subsection (a) or (b) shall be equal to the cost of attendance for the institution awarding such scholarship, as determined under section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll). (d) Revocation.--An institution of higher education may only revoke a scholarship under subsections (a) and (b) if the recipient of such scholarship-- (1) elects to withdraw from participating in the collegiate revenue-generating sport; (2) fails to complete mandatory time with respect to such sport; (3) is not an amateur athlete; (4) violates the student code of conduct of the institution of higher education; or (5) has a GPA or academic performance below the standard for student athletes of the institution of higher education. SEC. 13. RETURNING ATHLETE SCHOLARSHIPS. (a) Associates Degree.--In the case of a student that received a scholarship from an institution of higher education under subsection (a) or (b) of section 12 and attended such institution for a period of less than 2 academic years, such institution of higher education shall provide a needs-based scholarship to such student to complete the minimum coursework necessary to obtain an associate degree. (b) Bachelor's Degree.--In the case of a student that received a scholarship from an institution of higher education under subsection (a) or (b) of section 12 and attended such institution for a period of 2 or more academic years, such institution of higher education shall provide a needs-based scholarship to such student to complete the minimum coursework necessary to obtain a bachelor's degree. (c) Full-Time Students.--An institution of higher education may require a returning student described in subsection (a) or (b) to attend such institution full-time. (d) Needs-Based Scholarship.--In this section, the term ``needs- based scholarship'' means the amount equal to-- (1) the cost of attendance for a student (as defined in section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll)); minus (2) the lesser of the following: (A) The expected family contribution for such student if such contribution was determined under section 475 of the Higher Education Act of 1965 (20 U.S.C. 1087oo). (B) The expected family contribution for such student if such contribution was determined under section 476 of the Higher Education Act of 1965 (20 U.S.C. 1087pp). (C) The expected family contribution for such student if such contribution was determined under section 477 of the Higher Education Act of 1965 (20 U.S.C. 1087qq). SEC. 14. STUDENT-ATHLETE WORK OPPORTUNITY. (a) In General.--An institution of higher education that provides a scholarship under subsection (a) or (b) of section 12 to a student shall require that such student report to such institution any potential paid work opportunity such student intends to accept, before accepting such work opportunity. (b) Review of Work Opportunity.--In the case of a work opportunity reported pursuant to subsection (a), an institution shall-- (1) approve or deny such opportunity not later than 14 days after receiving such report; and (2) deny such opportunity only if accepting such opportunity-- (A) would nullify the amateur status of such student; or (B) would prohibit the student from fulfilling mandatory time commitments for the sport for which the student received a scholarship under subsection (a) or (b) of section 12. (c) Effect of Denial.--In the case of a denial of an opportunity reported to an institution of higher education pursuant to subsection (a), if a student accepts such opportunity, the institution may revoke the scholarship under subsection (a) or (b) of section 12 of such student. SEC. 15. STUDENT-ATHLETE INJURY COVERAGE. (a) In General.--In the case of a student at an institution of higher education who participates as an athlete in a collegiate revenue-generating sport, such institution shall ensure that such student is provided, at no cost to such student, coverage for any medical costs incurred by such student with respect to any injury attributable to participation in such sport. Such institution shall serve as the primary payor with respect to such costs in lieu of any benefits such student may have under health insurance coverage or a group health plan (as such terms are defined in section 2791 of the Public Health Service Act (42 U.S.C. 300gg-91)). (b) Effective Date.--The requirement specified in subsection (a) shall apply with respect to students participating in a collegiate revenue-generating sport on or after the date that is 180 days after the date of the enactment of this Act. TITLE II--COLLECTIVE BARGAINING AGREEMENTS SEC. 21. COLLECTIVE BARGAINING AGREEMENTS IN PROFESSIONAL SPORTS. A collective bargaining agreement between a professional sports league and a professional players' association entered into after the date of the enactment of this Act shall allow adults to enter the collective bargaining agreement at the same level as other adults with the same experience level in such professional sports league. TITLE III--GENERAL PROVISIONS SEC. 31. ANNUAL REPORT. Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary of Education shall provide each institution of higher education with a collegiate revenue-generating sport a report of the responsibilities of such institutions with respect to players participating in the collegiate revenue-generating sport. SEC. 32. DEFINITIONS. In this Act: (1) Adult.--The term ``adult'' means a person that is at least 18 years old. (2) Amateur athlete.--The term ``amateur athlete'' means an athlete that participates in a sport who has not-- (A) entered into a contract with a professional team with respect to such sport; (B) received a salary with respect to such sport; (C) received earnings (not including scholarships) related to the participation in such sport; or (D) received compensation from an agent representing or attempting to represent such athlete in such sport. (3) Collegiate revenue-generating sport.--The term ``collegiate revenue-generating sport'' means men's basketball or men's football offered by an institution of higher education for which such institution participates in a qualified league. (4) Institution of higher education.--The term ``institution of higher education'' means an institution described in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (5) Qualified league.--The term ``qualified league'' means-- (A) division 1, football bowl subdivision, autonomy schools; and (B) any sports league comprised of at least 6 participating institutions of higher education in which at least 66 percent or greater of the revenues from a sport offered by such institutions exceed the expenses in that sport in each of the two most recently reported years. (6) Professional sports league.--The term ``professional sports league'' means-- (A) the National Hockey League; (B) the National Football League; (C) the National Basketball Association; (D) Major League Baseball; and (E) Major League Soccer. (7) Professional players association.--A group of professional sports league players that are represented by a collective bargaining agreement with a professional sports league. | National Collegiate Athletics Advancement Act of 2018 or the NCAA Act of 2018 This bill amends the Higher Education Act of 1965 to require an institution of higher education or an eligible institution for purposes of any program participation agreement related to student assistance to comply with this bill's requirements. An institution of higher education may not restrict, or be a member of an intercollegiate athletic association that restricts, amateur athletes from participating in amateur sports, with exceptions. The bill sets forth restrictions on scholarships for student athletes. An institution of higher education that provides a scholarship to a student shall require the student to report to the institution any potential paid work opportunity the student intends to accept. In the case of a student at an institution of higher education who participates as an athlete in a collegiate revenue-generating sport, the institution shall ensure that the student is provided coverage at no cost for any medical costs incurred with respect to any injury attributable to participation in that sport. A collective bargaining agreement between a professional sports league and a professional players' association entered into shall allow adults to enter the agreement at the same level as other adults with the same experience level in the league. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``NOAA Chesapeake Bay Office Reauthorization Act of 2001''. SEC. 2. CHESAPEAKE BAY OFFICE. (a) Establishment.--Section 307(a) of the National Oceanic and Atmospheric Administration Authorization Act of 1992 (15 U.S.C. 1511d(a)) is amended-- (1) in paragraph (1), by striking ``Estuarine Resources''; and (2) by amending paragraph (2) to read as follows: ``(2) The Secretary of Commerce shall appoint as Director of the Office an individual who has knowledge of and experience in research or resource management efforts in the Chesapeake Bay.''. (b) Functions.-- (1) Section 307(b)(3) of the National Oceanic and Atmospheric Administration Authorization Act of 1992 (15 U.S.C. 1511d(b)(3)) is amended to read as follows: ``(3) facilitate coordination of the programs and activities of the various organizations and facilities within the National Oceanic and Atmospheric Administration, the Chesapeake Bay units of the National Estuarine Research Reserve System, the Chesapeake Bay Regional Sea Grant Programs, and the Cooperative Oxford Lab, including-- ``(A) programs and activities in-- ``(i) coastal and estuarine research, monitoring, and assessment; ``(ii) fisheries research and stock assessments; ``(iii) data management; ``(iv) remote sensing; ``(v) coastal management; ``(vi) habitat conservation and restoration; and ``(vii) atmospheric deposition; and ``(B) programs and activities of the Cooperative Oxford Laboratory of the National Ocean Service with respect to-- ``(i) nonindigenous species; ``(ii) marine species pathology; ``(iii) human pathogens in marine environments; and ``(iv) ecosystems health;''. (2) Section 307(b)(7) of the National Oceanic and Atmospheric Administration Authorization Act of 1992 (15 U.S.C. 1511d(b)(7)) is amended by striking the period at the end and inserting the following: ``, which report shall include an action plan consisting of-- ``(A) a list of recommended research, monitoring, and data collection activities necessary to continue implementation of the strategy described in paragraph (2); and ``(B) proposals for-- ``(i) continuing and new National Oceanic and Atmospheric Administration activities in the Chesapeake Bay; and ``(ii) the integration of those activities with the activities of the partners in the Chesapeake Bay Program to meet the commitments of the Chesapeake 2000 agreement and subsequent agreements.''. (c) Conforming Amendment.--Section 307 of the National Oceanic and Atmospheric Administration Authorization Act of 1992 (15 U.S.C. 1511d) is amended by striking the section heading and inserting the following: ``SEC. 307. CHESAPEAKE BAY OFFICE.''. SEC. 3. MULTIPLE SPECIES MANAGEMENT STRATEGY; CHESAPEAKE BAY FISHERY AND HABITAT RESTORATION SMALL GRANTS PROGRAM; COASTAL PREDICTION CENTER. The National Oceanic and Atmospheric Administration Authorization Act of 1992 is amended by inserting after section 307 (15 U.S.C. 1511d) the following: ``SEC. 307A. MULTIPLE SPECIES MANAGEMENT STRATEGY. ``(a) In General.--Not later than 180 days after the date of enactment of this section, the Director of the Chesapeake Bay Office of the National Oceanic and Atmospheric Administration shall commence a 5- year study, in cooperation with the scientific community of the Chesapeake Bay and appropriate Federal agencies-- ``(1) to determine and expand the understanding of the role and response of living resources in the Chesapeake Bay ecosystem; and ``(2) to develop a multiple species management strategy for the Chesapeake Bay. ``(b) Required Elements of Study.--In order to improve the understanding necessary for the development of the strategy under subsection (a), the study shall-- ``(1) determine the current status and trends of fish and shellfish that live in the Chesapeake Bay estuary and are selected for study; ``(2) evaluate and assess interactions among the fish and shellfish described in paragraph (1) and other living resources, with particular attention to the impact of changes within and among trophic levels; and ``(3) recommend management actions to optimize the return of a healthy and balanced ecosystem for the Chesapeake Bay. ``SEC. 307B. CHESAPEAKE BAY FISHERY AND HABITAT RESTORATION SMALL GRANTS PROGRAM. ``(a) In General.--The Director of the Chesapeake Bay Office of the National Oceanic and Atmospheric Administration (referred to in this section as the `Director'), in cooperation with the Chesapeake Executive Council (as defined in section 307(e)), shall carry out a community-based fishery and habitat restoration small grants and technical assistance program in the Chesapeake Bay watershed. ``(b) Projects.-- ``(1) Support.--The Director shall make grants under the program under subsection (a) to pay the Federal share of the cost of projects that are carried out by eligible entities described in subsection (c) for the restoration of fisheries and habitats in the Chesapeake Bay. ``(2) Federal share.--The Federal share of the cost of a project under paragraph (1) shall not exceed 75 percent of the total cost of that project. ``(3) Types of projects.--Projects for which grants may be made under the program include-- ``(A) the improvement of fish passageways; ``(B) the creation of natural or artificial reefs or substrata for habitats; ``(C) the restoration of wetland or sea grass; ``(D) the production of oysters for restoration projects; and ``(E) the identification and characterization of contaminated habitats, and the development of restoration plans for those habitats in the Chesapeake Bay watershed. ``(c) Eligible Entities.--The following entities are eligible to receive grants under the program under this section: ``(1) The government of a political subdivision of a State in the Chesapeake Bay watershed and the Government of the District of Columbia. ``(2) An organization in the Chesapeake Bay watershed (such as an educational institution or a community organization) that is described in section 501(c) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of the Code. ``(d) Additional Requirements.--The Director may prescribe any additional requirements, including procedures, that the Director considers necessary to carry out the program under this section. ``SEC. 307C. COASTAL PREDICTION CENTER. ``(a) Establishment.-- ``(1) In general.--Not later than 1 year after the date of enactment of this section, the Director of the Chesapeake Bay Office of the National Oceanic and Atmospheric Administration (referred to in this section as the `Director'), in collaboration with regional scientific institutions, shall establish a coastal prediction center for the Chesapeake Bay (referred to in this section as the `center'). ``(2) Purpose of center.--The center shall serve as a knowledge bank for-- ``(A) assembling, integrating, and modeling coastal information and data from appropriate government agencies and scientific institutions; ``(B) interpreting the data; and ``(C) organizing the data into predictive products that are useful to policy makers, resource managers, scientists, and the public. ``(b) Activities.-- ``(1) Information and prediction system.--The center shall develop an Internet-based information system for integrating, interpreting, and disseminating coastal information and predictions concerning-- ``(A) climate; ``(B) land use; ``(C) coastal pollution; ``(D) coastal environmental quality; ``(E) ecosystem health and performance; ``(F) aquatic living resources and habitat conditions; and ``(G) weather, tides, currents, and circulation that affect the distribution of sediments, nutrients, and organisms, coastline erosion, and related physical and chemical events within the Chesapeake Bay and the tributaries of the Chesapeake Bay. ``(2) Agreements to provide data, information, and support.--The Director may enter into agreements with other entities of the National Oceanic and Atmospheric Administration, other appropriate Federal, State, and local government agencies, and academic institutions, to provide and interpret data and information, and provide appropriate support, relating to the activities of the center. ``(3) Agreements relating to information products.--The Director may enter into grants, contracts, and interagency agreements with eligible entities for the collection, processing, analysis, interpretation, and electronic publication of information products for the center.''. SEC. 4. ENVIRONMENTAL EDUCATION. The National Oceanic and Atmospheric Administration Authorization Act of 1992 is amended by inserting after section 307C (as added by section 3) the following: ``SEC. 307D. ENVIRONMENTAL EDUCATION PILOT PROGRAM. ``(a) Pilot Program Established.--Not later than 180 days after the date of enactment of this section, the Director, in cooperation with the Chesapeake Executive Council, shall establish the Chesapeake Bay Environmental Education Program to improve the understanding of elementary and secondary school students and teachers of the living resources of the ecosystem of the Chesapeake Bay, and to meet the educational goals of the Chesapeake 2000 agreement. ``(b) Grant Program.-- ``(1) In general.--The Director, through the pilot program established under subsection (a), shall make grants to not-for- profit institutions (or consortia of such institutions) to pay the federal share of the cost of programs described in paragraph (3). ``(2) Criteria.--The Director shall award grants under this subsection based on the experience of the applicant in providing environmental education and training programs regarding the Chesapeake Bay watershed to a range of participants and in a range of settings. ``(3) Functions and Activities.--Grants awarded under this subsection may be used to support education and training programs that-- ``(A) provide classroom education, including the use of distance learning technologies, on the issues, science, and problems of the living resources of the Chesapeake Bay watershed; ``(B) provide meaningful outdoor experience on the Chesapeake Bay, or on a stream or in a local watershed of the Chesapeake Bay, in the design and implementation of field studies, monitoring and assessments, or restoration techniques for living resources; ``(C) provide professional development for teachers related to the science of the Chesapeake Bay watershed and the dissemination of pertinent education materials oriented to varying grade levels; ``(D) demonstrate or disseminate environmental educational tools and materials related to the Chesapeake Bay watershed; ``(E) demonstrate field methods, practices and techniques including assessment of environmental and ecological conditions and analysis of environmental problems; and ``(F) develop or disseminate projects designed to-- ``(i) enhance understanding and assessment of a specific environmental problem in the Chesapeake Bay watershed or of a goal of the Chesapeake Bay Program; or ``(ii) protect or restore living resources of the Chesapeake Bay watershed. ``(4) Federal share.--The Federal share of the cost of a program under paragraph (1) shall not exceed 75 percent of the total cost of that program. ``(5) Program review.--Not later than 1 year after the date on which the Director awards the first grant under this subsection, and annually thereafter, the Director shall conduct a detailed review and evaluation of the programs supported by grants awarded under this subsection to determine whether the quality of the content, delivery, and outcome of the program warrants continued support. ``(c) Procedures.--The Director shall establish procedures, including safety protocols, as necessary for carrying out the purposes of this section. ``(d) Termination and Report.-- ``(1) Termination.--The program established under this section shall be effective during the 4-year period beginning on October 1, 2001. ``(2) Report.--Not later than December 31, 2005, the Director, in consultation with the Chesapeake Executive Council, shall submit a report through the Administrator of National Oceanic and Atmospheric Administration to Congress regarding this program and, on the appropriate role of Federal, State and local governments in continuing the program established under this section. ``(e) Definition.--In this section, the term `Chesapeake 2000 agreement' means the agreement between the United States, the States of Maryland, Pennsylvania, and Virginia, and the District of Columbia entered into on June 28, 2000.''. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--Section 307(d) of the National Oceanic and Atmospheric Administration Authorization Act of 1992 (15 U.S.C. 1511d(d)) is amended to read as follows: ``(d) Authorization of Appropriations.-- ``(1) In general.--There is authorized to be appropriated to the Department of Commerce for the Chesapeake Bay Office $8,000,000 for each of fiscal years 2002 through 2005. ``(2) Amounts for programs.--Of the amount authorized to be appropriated for each fiscal year under paragraph (1)-- ``(A) not more than $2,500,000 shall be available to operate the Chesapeake Bay Office and to carry out section 307A; ``(B) not more than $1,000,000 shall be available to carry out section 307B; ``(C) not more than $500,000 shall be available to carry out section 307C; and ``(D) not more than $2,000,000 shall be available to carry out section 307D.''. (b) Conforming Amendment.--Section 2 of the National Oceanic and Atmospheric Administration Marine Fisheries Program Authorization Act (97 Stat. 1409) is amended by striking subsection (e), as added by section 307(d) of the National Oceanic and Atmospheric Administration Authorization Act of 1992 (106 Stat. 4285). SEC. 6. TECHNICAL CORRECTION. Section 307(b) of the National Oceanic and Atmospheric Administration Authorization Act of 1992 (15 U.S.C. 1511d(b)) is amended by striking ``Chesapeake Bay Executive Council'' and inserting ``Chesapeake Executive Council''. | NOAA Chesapeake Bay Office Reauthorization Act of 2001 - Amends the National Oceanic and Atmospheric Administration Authorization Act of 1992 to: (1) rename the Chesapeake Bay Estuarine Resources Office as the Chesapeake Bay Office (the Office); (2) require that the Office be administered by the Office of the Under Secretary of Commerce for Oceans and Atmosphere; (3) revise the functions of the Office; (4) require a five-year study concerning living resources of the Chesapeake Bay and a multiple species management strategy for the Chesapeake Bay; (5) require a community-based fishery and habitat restoration small grants and technical assistance program in the Chesapeake Bay watershed; (6) establish a coastal prediction center for the Chesapeake Bay; and (7) establish the Chesapeake Bay Environmental Education Program. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Commercial Transportation of Horses Act of 1995''. SEC. 2. COMMERCIAL TRANSPORTATION OF HORSES FOR SLAUGHTER. Public Law 85-765 (7 U.S.C. 1901 et seq.) is amended by adding at the end the following: ``TITLE II--COMMERCIAL TRANSPORTATION OF HORSES FOR SLAUGHTER ``SEC. 201. FINDINGS. ``Congress finds that, to ensure that horses sold for slaughter are provided human treatment and care, it is essential to regulate the transportation, care, handling, and treatment of horses by any person engaged in the commercial transportation of horses for slaughter. ``SEC. 202. DEFINITIONS. ``In this title: ``(1) Commerce.--The term `commerce' means trade, traffic, transportation, or other commerce-- ``(A) between any State, territory, or possession of the United States, or the District of Columbia, and any place outside thereof; ``(B) between points within the same State, territory, or possession of the United States, or the District of Columbia, but through any place outside thereof; or ``(C) within any territory or possession of the United States or the District of Columbia. ``(2) Department.--The term `Department' means the United States Department of Agriculture. ``(3) Equine.--The term `equine' includes any member of the Equidae family. ``(4) Foal.--The term `foal' means a horse that is not more than 6 months of age. ``(5) Horse.--The term `horse' includes any member of the Equidae family. ``(6) Horse for slaughter.--The term `horse for slaughter' means any horse that is transported, or intended to be transported, to a slaughter facility or intermediate handler from a sale, auction, or intermediate handler by a person engaged in the business of transporting horses for slaughter. ``(7) Intermediate handler.--The term `intermediate handler' means any person engaged in the business of receiving custody of horses for slaughter in connection with the transport of the horses to a slaughter facility, including a stockyard, feedlot, or assembly point. ``(8) Person.--The term `person' includes any individual, partnership, firm, company, corporation, or association. ``(9) Secretary.--The term `Secretary' means the Secretary of Agriculture. ``(10) Vehicle.--The term `vehicle' means any machine, truck, tractor, trailer, or semitrailer, or any combination thereof, propelled or drawn by mechanical power and used on a highway in the commercial transportation of horses for slaughter. ``(11) Stallion.--The term `stallion' means any uncastrated male horse that is 1 year of age or older. ``SEC. 203. STANDARDS FOR HUMANE COMMERCIAL TRANSPORTATION OF HORSES FOR SLAUGHTER. ``(a) In General.--Not later than 180 days after the date of enactment of this title, the Secretary shall issue, by regulation, standards for the humane commercial transportation of horses for slaughter. ``(b) Prohibition.--No person shall transport in commerce, to a slaughter facility or intermediate handler, a horse for slaughter except in accordance with the standards and this title. ``(c) Minimum Requirements.--The standards shall include minimum requirements for the humane handling, care, treatment, and equipment necessary to ensure the safe and humane transportation of horses for slaughter. The standards shall require, at a minimum, that-- ``(1) no horse for slaughter shall be transported for more than 24 hours without being unloaded from the vehicle and allowed to rest for at least 8 consecutive hours and given access to adequate quantities of wholesome food and potable water; ``(2) a vehicle shall provide adequate headroom for a horse for slaughter with a minimum of at least 6 feet, 6 inches of headroom from the roof and beams or other structural members overhead to floor underfoot, except that a vehicle transporting 6 horses or less shall provide a minimum of at least 6 feet of headroom from the roof and beams or other structural members overhead to floor underfoot if none of the horses are over 16 hands; ``(3) the interior of a vehicle shall-- ``(A) be free of protrusions, sharp edges, and harmful objects; ``(B) have ramps and floors that are adequately covered with a nonskid nonmetallic surface; and ``(C) be maintained in a sanitary condition; ``(4) a vehicle shall-- ``(A) provide adequate ventilation and shelter from extremes of weather and temperature for all equine; ``(B) be of appropriate size, height, and interior design for the number of equine being carried to prevent overcrowding; and ``(C) be equipped with doors and ramps of sufficient size and location to provide for safe loading and unloading, including unloading during emergencies; ``(5)(A) horses shall be positioned in the vehicle by size; and ``(B) stallions shall be segregated from other horses; ``(6)(A) all horses for slaughter must be fit to travel as determined by an accredited large animal veterinarian, who shall prepare a certificate of inspection, prior to loading for transport, that-- ``(i) states that the horses were inspected and satisfied the requirements of subparagraph (B); ``(ii) includes a clear description of each horse; and ``(iii) is valid for 7 days; ``(B) no horse shall be transported to slaughter if the horse is found to be-- ``(i) suffering from a broken or dislocated limb; ``(ii) unable to bear weight on all 4 limbs; ``(iii) blind in both eyes; or ``(iv) obviously suffering from severe illness, injury, lameness, or physical debilitation that would make the horse unable to withstand the stress of transportation; ``(C) no foal may be transported for slaughter; ``(D) no mare in foal that exhibits signs of impending partition may be transported for slaughter; and ``(E) no horse for slaughter shall be accepted by a slaughter facility unless the horse is accompanied by a certificate of inspection issued by an accredited large animal veterinarian, not more than 7 days before the delivery, stating that the veterinarian inspected the horse on a specified date. ``SEC. 204. RECORDS. ``(a) In General.--A person engaged in the business of transporting horses for slaughter shall establish and maintain such records, make such reports, and provide such information as the Secretary may, by regulation, require for the purposes of carrying out, or determining compliance with, this subtitle. ``(b) Minimum Requirements.--The records shall include, at a minimum-- ``(1) the veterinary certificate of inspection; ``(2) the names and addresses of current owners and consignors, if applicable, of the horses at the time of sale or consignment to slaughter; and ``(3) the bill of sale or other documentation of sale for each horse. ``(c) Availability.--The records shall-- ``(1) accompany the horses during transport to slaughter; ``(2) be retained by any person engaged in the business of transporting horses for slaughter for a reasonable period of time, as determined by the Secretary; and ``(3) on request of an officer or employee of the Department, be made available at all reasonable times for inspection and copying by the officer or employee. ``SEC. 205. AGENTS. ``(a) In General.--For purposes of this title, the act, omission, or failure of an individual acting for or employed by a person engaged in the business of transporting horses for slaughter, within the scope of the employment or office of the individual, shall be considered the act, omission, or failure of the person engaging in the commercial transportation of horses for slaughter as well as of the individual. ``(b) Assistance.--If a horse suffers a substantial injury or illness while being transported for slaughter on a vehicle, the driver of the vehicle should seek prompt assistance from a large animal veterinarian. ``SEC. 206. COOPERATIVE AGREEMENTS. ``Not later than 180 days after the date of enactment of this title, the Secretary shall, to the maximum extent practicable, establish cooperative agreements and enter into memoranda of agreement with appropriate Federal and State agencies or political subdivisions of the agencies, including State departments of agriculture, State law enforcement agencies, and foreign governments, to carry out and enforce this title. ``SEC. 207. INVESTIGATIONS AND INSPECTIONS. ``(a) In General.--The Secretary shall make such investigations or inspections as the Secretary considers necessary-- ``(1) to enforce this title (including any regulation issued under this title); and ``(2) pursuant to information regarding alleged violations of this title provided to the Secretary by a State official or any other person. ``(b) Access.--For the purposes of conducting an investigation or inspection under subsection (a), the Secretary shall, at all reasonable times, have access to-- ``(1) the place of business of any person engaged in the business of transporting horses for slaughter; ``(2) the facilities and vehicles used to transport the horses; and ``(3) records required to be maintained under section 204. ``(c) Minimum Requirement.--An investigation or inspection shall include, at a minimum, an inspection by an employee of the Department of all horses and vehicles carrying horses, on the arrival of the horses and vehicles at the slaughter facility. ``(d) Assistance to or Destruction of Horses.--The Secretary shall issue such regulations as the Secretary considers necessary to permit employees or agents of the Department to-- ``(1) provide assistance to any horse that is covered by this title (including any regulation issued under this title); or ``(2) destroy, in a humane manner, any such horse found to be suffering. ``SEC. 208. INTERFERENCE WITH ENFORCEMENT. ``(a) In General.--Subject to subsection (b), a person who forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any person while engaged in or on account of the performance of an official duty of the person under this title shall be fined not more than $5,000 or imprisoned not more than 3 years, or both. ``(b) Weapons.--If the person uses a deadly or dangerous weapon in connection with an action described in subsection (a), the person shall be fined not more than $10,000 or imprisoned not more than 10 years, or both. ``SEC. 209. JURISDICTION OF COURTS. ``Except as provided in section 210(a)(5), a district court of the United States in any appropriate judicial district under section 1391 of title 28, United States Court, shall have jurisdiction to specifically enforce this title, to prevent and restrain a violation of this title, and to otherwise enforce this title. ``SEC. 210. CIVIL AND CRIMINAL PENALTIES. ``(a) Civil Penalties.-- ``(1) In general.--A person who violates this title (including a regulation or standard issued under this title) shall be assessed a civil penalty by the Secretary of not more than $2,000 for each violation. ``(2) Separate offenses.--Each horse transported in violation of this title shall constitute a separate offense. Each violation and each day during which a violation continues shall constitute a separate offense. ``(3) Hearings.--No penalty shall be assessed under this subsection unless the person who is alleged to have violated this title is given notice and opportunity for a hearing with respect to an alleged violation. ``(4) Final order.--An order of the Secretary assessing a penalty under this subsection shall be final and conclusive unless the aggrieved person files an appeal from the order pursuant to paragraph (5). ``(5) Appeals.--Not later than 30 days after entry of a final order of the Secretary issued pursuant to this subsection, a person aggrieved by the order may seek review of the order in the appropriate United States Court of Appeals. The Court shall have exclusive jurisdiction to enjoin, set aside, suspend (in whole or in part), or to determine the validity of the order. ``(6) Nonpayment of penalty.--On a failure to pay the penalty assessed by a final order under this section, the Secretary shall request the Attorney General to institute a civil action in a district court of the United States or other United States court for any district in which the person is found, resides, or transacts business, to collect the penalty. The court shall have jurisdiction to hear and decide the action. ``(b) Criminal Penalties.-- ``(1) First offense.--Subject to paragraph (2), a person who knowingly violates this title (or a regulation or standard issued under this title) shall, on conviction of the violation, be subject to imprisonment for not more than 1 year or a fine of not more than $2,000, or both. ``(2) Subsequent offenses.--On conviction of a second or subsequent offense described in paragraph (1), a person shall be subject to imprisonment for not more than 3 years or to a fine of not more than $5,000, or both. ``SEC. 211. PAYMENTS FOR TEMPORARY OR MEDICAL ASSISTANCE FOR HORSES DUE TO VIOLATIONS. ``From sums received as penalties, fines, or forfeitures of property for any violation of this title (including a regulation issued under this title), the Secretary shall pay the reasonable and necessary costs incurred by any person in providing temporary care or medical assistance for any horse that needs the care or assistance due to a violation of this title. ``SEC. 212. RELATIONSHIP TO STATE LAW. ``Nothing in this title prevents a State from enacting or enforcing any law (including a regulation) that is not inconsistent with this title or that is more restrictive than this title. ``SEC. 213. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated for each fiscal year such sums as are necessary to carry out this title.''. SEC. 3. CONFORMING AMENDMENTS. (a) The first section of Public Law 85-765 (7 U.S.C. 1901) is amended by striking ``That the Congress'' and inserting the following: ``SEC. 1. SHORT TITLE. This Act may be cited as the `Federal Humane Methods of Livestock Slaughter Act'. ``TITLE I--HUMANE METHODS OF LIVESTOCK SLAUGHTER ``SEC. 101. FINDINGS AND DECLARATION OF POLICY. ``Congress''. (b) Section 2 of the Federal Humane Methods of Livestock Slaughter Act (7 U.S.C. 1902) is amended by striking ``Sec. 2. No'' and inserting the following: ``SEC. 102. HUMANE METHODS. ``No''. (c) Section 4 of the Act (7 U.S.C. 1904) is amended by striking ``Sec. 4. In'' and inserting the following: ``SEC. 103. METHODS RESEARCH. ``In''. (d) Section 6 of the Act (7 U.S.C. 1906) is amended by striking ``Sec. 6. Nothing'' and inserting the following: ``SEC. 104. EXEMPTION OF RITUAL SLAUGHTER. ``Nothing''. SEC. 4. EFFECTIVE DATE. (a) In General.--This Act and the amendments made by this Act shall become effective 180 days after the date of enactment of this Act. (b) Regulations.--As soon as practicable, but not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture shall issue such regulations as the Secretary determines are necessary to implement this Act and the amendments made by this Act. (c) Compliance.--A person shall be required to comply with-- (1) sections 203 and 204 of the Federal Humane Methods of Livestock Slaughter Act (as added by section 2) beginning on the date that is 180 days after the date of enactment of this Act; and (2) other sections of title II of the Act beginning on the date that is 90 days after the Secretary issues final regulations under subsection (b). | Safe Commercial Transportation of Horses Act of 1995 - Amends specified Federal law (and entitles it as the Federal Humane Methods of Livestock Slaughter Act) to direct the Secretary of Agriculture to: (1) issue regulations governing the humane commercial transportation of horses for slaughter; (2) enter into related cooperative agreements with Federal and State entities; and (3) make necessary investigations and inspections. Establishes civil and criminal penalties for violations of such provisions, including interference with enforcement activities. Authorizes appropriations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Coastal and Estuarine Land Conservation Program Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Coastal and estuarine areas provide important nursery habitat for two-thirds of the commercial fish and shellfish populations of the United States, provide nesting and foraging habitat for coastal birds, harbor significant natural plant communities, and serve to facilitate coastal flood control and pollutant filtration. (2) Coastal and estuarine areas, in both urban and rural settings, provide significant opportunities for recreational and educational activities, including hunting and fishing, boating, swimming, bird watching, wildlife observation, restoration, and other activities. (3) The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) recognizes the national importance of these areas and their ecological vulnerability to anthropogenic activities by establishing a comprehensive Federal-State partnership for protecting natural reserves and managing growth in these areas. (4) The National Estuarine Research Reserve system established under that Act relies on the protection of designated areas for long-term protection and for the conduct of education and research critical to the protection and conservation of coastal and estuarine resources. (5) Intense development pressures within the coastal zone are driving the need to provide coastal managers with a wider range of tools to protect and conserve important coastal and estuarine areas, including protection of developed or ecologically degraded areas with potential for restoration for ecological or recreational purposes. (6) Federal-State-nongovernmental organization pilot projects have already substantially contributed to the long- term health and viability of coastal and estuarine systems. (7) Enhanced protection of estuarine and coastal areas can be coordinated through Federal, State, regional, and local efforts. SEC. 3. ESTABLISHMENT OF COASTAL AND ESTUARINE LAND CONSERVATION PROGRAM. The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) is amended by inserting after section 310 the following: ``coastal and estuarine land conservation program ``Sec. 310A. (a) Establishment.--The Secretary shall establish, in cooperation with appropriate State, regional, and other units of government, a Coastal and Estuarine Land Conservation Program (in this section referred to as the `Program)' for the purposes of-- ``(1) ascertaining the environmental integrity of important coastal and estuarine areas, including wetlands and forests, that-- ``(A) have significant conservation, recreation, ecological, historical, economic, or aesthetic values; and ``(B) are threatened by conversion from their natural, undeveloped, or recreational state to other uses or could be managed or restored to effectively conserve, enhance, or restore ecological function; and ``(2) protecting the environmental integrity of such areas. ``(b) Administration of Program.--The Program shall be administered by the National Ocean Service of the National Oceanic and Atmospheric Administration through the Office of Ocean and Coastal Resource Management. ``(c) Property Acquisition Grants.-- ``(1) Grants; purpose.--The Secretary shall make grants under the Program to coastal states with approved coastal zone management plans or National Estuarine Research Reserve units for the purpose of assisting such States to acquire property or interests in property described in subsection (a) that will further the goals of-- ``(A) a Coastal Zone Management Plan or Program approved under this title; ``(B) a National Estuarine Research Reserve management plan; or ``(C) a regional or State watershed protection or management plan involving coastal states with approved coastal zone management plans. ``(2) Limitation to acquisition from willing sellers.-- Property acquisition funded in whole or in part using a grant received under this subsection shall be limited to acquisition from willing sellers. ``(d) Grant Process.--The Secretary shall allocate funds to coastal states or National Estuarine Research Reserves under this section through a competitive grant process in accordance with guidelines that meet the following requirements: ``(1) The Secretary shall consult with coastal states coastal zone management programs, National Estuarine Research Reserve in coastal states, and the lead agencies designated by Governors of coastal states for coordinating the establishment and implementation of this title (if different from the coastal zone management program of a State). ``(2) Each participating coastal state shall identify priority conservation needs within the State, the values to be protected by inclusion of lands of the Program, and the threats to those values that should be avoided. ``(3) Each participating coastal state shall evaluate how the acquisition of property or easements might impact working waterfront needs. ``(4) Applicants shall identify the values to be protected by inclusion of land in the Program, management activities that are planned and the manner in which they may affect the values identified, and any other information from landowners relevant to administration and management of the land. ``(5) Awards shall be based on demonstrated need for protection and ability to successfully leverage funds among participating entities, including Federal programs, regional organizations, State and other governmental units, landowners, corporations, or private organizations. ``(6) An application must be determined to be consistent with a coastal state's approved coastal zone plan, program, and policies prior to submittal to the Secretary. ``(7) Priority shall be given to lands described in subsection (a) that can be effectively managed and protected and that have significant ecological or watershed protection value. ``(8) In developing guidelines under this section, the Secretary shall consult with other Federal agencies and nongovernmental entities expert in land acquisition and conservation procedures. ``(9) Eligible coastal states or National Estuarine Research Reserves may allocate grants to local governments or agencies eligible for assistance under section 306A(e) and may acquire lands in cooperation with nongovernmental entities and Federal agencies. ``(10) The Secretary shall develop performance measures that will allow periodic evaluation of the Program's effectiveness in meeting the purposes of this section and such evaluation shall be reported to the Congress. ``(e) Matching Requirements.-- ``(1) In general.--The Secretary may not make a grant under the Program unless the grant funds are matched by non-Federal funds in accordance with this subsection. ``(2) Maximum federal share.-- ``(A) 75 percent federal funds.--No more than 75 percent of the funding for any project carried out with a grant under this section shall be derived from Federal sources, unless such requirement is specifically waived by the Secretary under subparagraph (B). ``(B) Waiver of requirement.--The Secretary may grant a waiver of the limitation in subparagraph (A) for underserved communities, for a community that has an inability to draw on other sources of funding because of the small population or low income of the community, or for such other reasons, consistent with the purposes of this title, as the Secretary considers appropriate. ``(3) Other federal funds.--If a grant awarded under this section represents only a portion of the total cost of a project, funding from other Federal sources may be applied to the cost of the project. Each portion shall be subject to matching requirements under the applicable provision of law. ``(4) Source of matching funds.--For purposes of paragraph (2)(A), the non-Federal match for a project may be determined by taking into account the following: ``(A) The value of land or a conservation easement may be used as the non-Federal match if the land or easement are identified in project plans and acquired within 3 years prior to the submission of the project application or after the submission of a project application until the project grant is closed (not to exceed 3 years). The appraised value of the land or easement at the time of project closing will be considered the non-Federal match. ``(B) Costs associated with land acquisition, land management planning, remediation, restoration, and enhancement may be used as non-Federal match if the activities are identified in the plan and expenses are incurred within the period of the grant award. These costs may include either case or in-kind contributions. ``(f) Regional Watershed Demonstration Project.--The Secretary may provide up to $5,000,000 for a regional watershed protection demonstration project that will meet the requirements of this section, and-- ``(1) leverages land acquisition funding from other Federal land conservation or acquisition programs such that other Federal contributions, at a minimum, equal the amounts provided by the Secretary; ``(2) involves partnerships from a broad spectrum of Federal, State, and non-governmental entities; ``(3) provides for the creation of conservation corridors and preservation of unique coastal habitat; ``(4) protects largely unfragmented habitat under imminent threat of development or conversion; ``(5) enhances the network of protected areas established for long-term research, education, and stewardship under the National Estuarine Research Reserve program; and ``(6) provides a model for future regional watershed protection projects. ``(g) Reservation of Funds for National Estuarine Research Reserve Sites.--No less than 15 percent of funds made available under this section shall be available for acquisitions benefiting National Estuarine Research Reserve acquisitions. ``(h) Limit on Administrative Costs.--No more than 5 percent of the funds made available to the Secretary under this section shall be used by the Secretary for planning or administration of the Program. The Secretary shall provide a report to the Congress with an account of all expenditures under the Program for fiscal year 2007, fiscal year 2008, and triennially thereafter. ``(i) Title and Management of Acquired Property.-- ``(1) In general.--If any property is acquired in whole or in part with funds made available through a grant under this section, the grant recipient shall provide such assurances as the Secretary may require that-- ``(A) the title to the property will be held by the grant recipient or another appropriate public agency designated by the recipient in perpetuity; ``(B) the property will be managed in a manner that is consistent with the purposes for which the land entered into the Program and shall not convert such property to other uses; and ``(C) if the property or interest in land is sold, exchanged, or divested, funds equal to the correct value will be returned to the Secretary, for re- distribution in the grant process. ``(2) Conservation easement.--In this subsection, the term `conservation easement' includes an easement, recorded deed, or interest deed where the grantee acquires all rights, title, and interest in a property, that do not conflict with the goals of this title except those rights, title, and interests that may run with the land that are expressly reserved by a grantor and are agreed to at the time of purchase. ``(j) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary-- ``(1) $60,000,000 for each of fiscal years 2007 through 2011 to carry out this section (other than subsection (f)), to remain available without fiscal year limitation; and ``(2) $5,000,000 for fiscal year 2007 to carry out subsection (f), to remain available without fiscal year limitation.''. SEC. 4. ASSISTANCE FROM OTHER AGENCIES. Section 310(a) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1456c(a)) is amended by striking ``any qualified person for the purposes of carrying out this subsection.'' and inserting ``any other Federal agencies (including interagency financing of Coastal America activities) and any other qualified person for the purposes of carrying out this section.''. | Coastal and Estuarine Land Conservation Program Act - Amends the Coastal Zone Management Act of 1972 to direct the Secretary of Commerce to establish a Coastal and Estuarine Land Conservation Program to ascertain and protect the environmental integrity of important coastal and estuarine areas. Directs the Secretary to make program grants to coastal states with approved coastal zone management plans to assist such states to acquire coastal and estuarine property. Limits grant funding from federal sources to 75 percent, unless the Secretary waives such limitation. Authorizes the Secretary to provide $5 million for a regional watershed protection demonstration project that: (1) leverages land acquisition funding from other federal conservation or acquisition programs; (2) involves partnerships with federal, state, and non-governmental entities; (3) creates conservation corridors; (4) protects habitats under imminent threat of development or conversion; (5) enhances protected areas under the National Estuarine Research Reserve program; and (6) provides a model for future regional watershed protection projects. Reserves 15 percent of program funds for acquisitions benefitting the National Estuarine Research Reserve. Allows the Secretary to enter into contracts or other arrangements with other federal agencies (including interagency financing of Coastal America activities) as well as any other qualified person for the purposes of carrying out technical assistance and research to support coastal zone management. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Battlefield Excellence through Superior Training Practices Act'' or ``BEST Practices Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The Department of Defense has made impressive strides in the development and use of methods of medical training and troop protection, such as the use of tourniquets and improvements in body armor, that have led to decreased battlefield fatalities. (2) The Department of Defense uses more than 8,500 live animals each year to train physicians, medics, corpsmen, and other personnel methods of responding to severe battlefield injuries. (3) The civilian sector has almost exclusively phased in the use of superior human-based training methods for numerous medical procedures currently taught in military courses using animals. (4) Human-based medical training methods such as simulators replicate human anatomy and can allow for repetitive practice and data collection. (5) According to scientific, peer-reviewed literature, medical simulation increases patient safety and decreases errors by healthcare providers. (6) The Army Research, Development and Engineering Command and other entities of the Department of Defense have taken significant steps to develop methods to replace live animal- based training. (7) According to the report by the Department of Defense titled ``Final Report on the use of Live Animals in Medical Education and Training Joint Analysis Team'', published on July 12, 2009-- (A) validated, high-fidelity simulators were to have been available for nearly every high-volume or high-value battlefield medical procedure by the end of 2011, and many were available as of 2009; and (B) validated, high-fidelity simulators were to have been available to teach all other procedures to respond to common battlefield injuries by 2014. (8) The Center for Sustainment of Trauma and Readiness Skills of the Air Force exclusively uses human-based training methods in its courses and does not use animals. (9) In 2013, the Army instituted a policy forbidding non- medical personnel from participating in training courses involving the use of animals. (10) In 2013, the medical school of the Department of Defense, part of the Uniformed Services University of the Health Sciences, replaced animal use within its medical student curriculum. (11) The Coast Guard announced in 2014 that it would reduce by half the number of animals it uses for combat trauma training courses but stated that animals would continue to be used in courses designed for Department of Defense personnel. (12) Effective January 1, 2015, the Department of Defense replaced animal use in six areas of medical training, including Advanced Trauma Life Support courses and the development and maintenance of surgical and critical care skills for field operational surgery and field assessment and skills tests for international students offered at the Defense Institute of Medical Operations. SEC. 3. REQUIREMENT TO USE HUMAN-BASED METHODS FOR CERTAIN MEDICAL TRAINING. (a) In General.--Chapter 101 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 2017. Requirement to use human-based methods for certain medical training ``(a) Combat Trauma Injuries.--(1) Not later than October 1, 2018, the Secretary of Defense shall develop, test, and validate human-based training methods for the purpose of training members of the armed forces in the treatment of combat trauma injuries with the goal of replacing live animal-based training methods. ``(2) Not later than October 1, 2020, the Secretary-- ``(A) shall only use human-based training methods for the purpose of training members of the armed forces in the treatment of combat trauma injuries; and ``(B) may not use animals for such purpose. ``(b) Annual Reports.--Not later than October 1, 2016, and each year thereafter, the Secretary shall submit to the congressional defense committees a report on the development and implementation of human-based training methods for the purpose of training members of the armed forces in the treatment of combat trauma injuries under this section. ``(c) Definitions.--In this section: ``(1) The term `combat trauma injuries' means severe injuries likely to occur during combat, including-- ``(A) hemorrhage; ``(B) tension pneumothorax; ``(C) amputation resulting from blast injury; ``(D) compromises to the airway; and ``(E) other injuries. ``(2) The term `human-based training methods' means, with respect to training individuals in medical treatment, the use of systems and devices that do not use animals, including-- ``(A) simulators; ``(B) partial task trainers; ``(C) moulage; ``(D) simulated combat environments; ``(E) human cadavers; and ``(F) rotations in civilian and military trauma centers. ``(3) The term `partial task trainers' means training aids that allow individuals to learn or practice specific medical procedures.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 101 of title 10, United States Code, is amended by adding at the end the following new item: ``2017. Requirement to use human-based methods for certain medical training.''. | Battlefield Excellence through Superior Training Practices Act or the BEST Practices Act Requires the Department of Defense (DOD), no later than: (1) October 1, 2018, to develop, test, and validate human-based training methods for training members of the Armed Forces in the treatment of combat trauma injuries, with the goal of replacing live animal-based training methods; and (2) October 1, 2020, to use only use human-based training methods for such purposes. Prohibits the use of animals in such training after the latter date. Requires DOD to submit an annual report to Congress regarding the development and implementation of the human-based training methods. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Centennial of Flight Commemoration Act''. SEC. 2. CONGRESSIONAL FINDINGS. The Congress finds that-- (1) December 17, 2003, is the 100th anniversary of the 1st successful manned, controlled, heavier-than-air, powered flight; (2) the First Flight by Orville and Wilbur Wright represents the fulfillment of the age-old dream of flying; (3) the airplane has dramatically changed the course of transportation, commerce, communication, and warfare throughout the world; (4) the achievement by the Wright brothers was a triumph of American ingenuity, inventiveness, and diligence in developing new technologies, and remains an inspiration for all Americans; (5) it is appropriate to remember and renew the legacy of the Wright brothers at a time when the values of creativity and daring represented by the Wright brothers are critical to the future of the Nation; and (6) as the Nation approaches the 100th anniversary of the First Flight, it is appropriate to celebrate and commemorate the anniversary through local, national, and international observances and activities. SEC. 3. ESTABLISHMENT. There is established a commission to be known as the Centennial of Flight Commission. SEC. 4. MEMBERSHIP. (a) Number and Appointment.-- (1) In general.--The Commission shall be composed of 25 members, as follows: (A) The Librarian of Congress, or a designee. (B) The Archivist of the United States, or a designee. (C) The Secretary of the Interior, or a designee. (D) The Director of the National Air and Space Museum, or a designee. (E) The Secretary of Education, or a designee. (F) The Secretary of Defense, or a designee. (G) The Secretary of Transportation, or a designee. (H) The Governor of the State of North Carolina, or a designee. (I) The Governor of the State of Ohio, or a designee. (J) The Executive Director of the 2003 Committee, or a designee. (K) The President of the First Flight Society, or a designee. (L) The Mayor of Kill Devil Hills, North Carolina. (M) The Mayor of Dayton, Ohio. (N) 12 citizens of the United States, appointed by the President, who are not officers or employees of any government, except to the extent that they are considered to be such officers or employees by virtue of their membership on the Commission. (2) Appointments by president.--Of the individuals referred to in paragraph (1)(N)-- (1) 2 shall be chosen from among persons recommended by the majority leader of the Senate in consultation with the minority leader of the Senate; (2) 2 shall be chosen from among persons recommended by the Speaker of the House of Representatives in consultation with the minority leader of the House of Representatives; and (3) 8 shall be chosen based on qualifications or experience in the field of history, aerospace science or industry, or any other profession that would enhance the work of the Commission and assist in commemorating the accomplishments of the Wright brothers. (b) Time of Appointment.--Each member of the Commission shall be appointed not later than 90 days after the date of the enactment of this Act. (c) Terms.--Each member of the Commission shall be appointed for the life of the Commission. (d) Vacancies.--Any vacancy in the Commission shall be filled in the same manner in which the original appointment was made. (e) Compensation.-- (1) Prohibition of pay.--Except as provided in paragraph (2), members of the Commission shall serve without pay. (2) Travel expenses.--Each member of the Commission may receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (f) Quorum.--13 members of the Commission shall constitute a quorum. (g) Chairperson.--The President shall designate 1 of the individuals appointed under subsection (a)(1)(N) as the chairperson of the Commission. (h) Meetings.--The Commission shall meet at the call of its chairperson or a majority of its members. SEC. 5. DUTIES. (a) In General.--The Commission shall-- (1) plan and develop, in coordination with the First Flight Society, the 2003 Committee, the First Flight Centennial Commission of North Carolina, and the Ohio Wright-Dunbar State Heritage Commission, programs and activities that are appropriate to commemorate the 100th anniversary of the First Flight; (2) maintain a calendar or register of programs and projects concerning, and provide a central clearinghouse for information and coordination regarding, dates, events, places, documents, artifacts, and personalities of historical and commemorative significance regarding aviation history in general and the First Flight in particular; (3) coordinate activities with other countries regarding aviation history in general and the First Flight in particular, and promote participation by the United States in such activities; (4) encourage participation in commemoration of the First Flight by persons and entities including-- (A) aerospace manufacturing companies; (B) aerospace-related military organizations; (C) workers employed in aerospace-related industries; (D) commercial aviation companies; (E) general aviation owners and pilots; (F) aerospace researchers, instructors, and enthusiasts; (G) elementary, secondary, and higher educational institutions; (H) civil, patriotic, educational, sporting, arts, cultural, and historical organizations and technical societies; (I) aerospace-related museums; and (J) State and local governments; (5) assist in conducting educational, civic, and commemorative activities relating to the First Flight throughout the United States, especially activities that occur in the States of North Carolina and Ohio and that highlight the activities of the Wright brothers in such States; and (6) develop and coordinate any other activities that the Commission determines to be appropriate relating to the anniversary of the First Flight, which may include the preparation, distribution, dissemination, exhibition, or sale of historical, commemorative, or informative materials or objects, produced by the Commission, that will contribute to public awareness of and interest in the centennial of the First Flight. (b) Nonduplication of Activities.--The Commission shall attempt to plan and conduct its activities in such a manner that activities conducted pursuant to this Act enhance, but do not duplicate, traditional and established activities of the 2003 Committee, the First Flight Society, the First Flight Centennial Commission of North Carolina, and the Ohio Wright-Dunbar State Heritage Commission. SEC. 6. POWERS. (a) Advisory Committees.-- (1) In general.--The Commission may appoint any advisory committee that it determines to be necessary to carry out this Act. (2) Prohibition of pay other than travel expenses.--Members of an advisory committee authorized by paragraph (1) may receive pay and travel expenses to the same extent that members of the Commission may receive pay and travel expenses under section (4)(e). (b) Powers of Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action that the Commission is authorized to take under this Act. (c) Authority To Procure and To Make Legal Agreements.-- (1) In general.--The Commission may procure supplies, services, and property, and make or enter into leases and other legal agreements, in order to carry out this Act. (2) Restriction.--A contract, lease, or other legal agreement made or entered into by the Commission may not extend beyond the date of the termination of the Commission. (3) Supplies and property possessed by commission at termination.--Any supplies and property, except historically significant items, that are acquired by the Commission under this Act and remain in the possession of the Commission on the date of the termination of the Commission shall become the property of the General Services Administration upon the date of the termination. (d) Requests for Official Information.--The Commission may request from any Federal department or agency information necessary to enable the Commission to carry out this Act. The head of the Federal department or agency shall furnish the information to the Commission unless the release of the information by the department or agency to the public is prohibited by law. (e) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as any other Federal agency. SEC. 7. STAFF AND SUPPORT SERVICES. (a) Executive Director.--The chairperson of the Commission, with the advice of the Commission, shall appoint an executive director of the Commission. The executive director may be paid at a rate not to exceed the maximum rate of basic pay payable for the Senior Executive Service. (b) Staff.--The Commission may appoint and fix the pay of any additional personnel that it considers appropriate, except that an individual appointed under this subsection may not receive pay in excess of the maximum rate of basic pay payable for GS-14 of the General Schedule. (c) Inapplicability of Certain Civil Service Laws.--The executive director and staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates, except as provided in subsections (a) and (b) of this section. (d) Staff of Federal Agencies.--Upon request by the chairperson of the Commission, the head of any Federal department or agency may detail, on a nonreimbursable basis, any of the personnel of the department or agency to the Commission to assist the Commission to carry out its duties under this Act. (e) Experts and Consultants.--The chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at a rate that does not exceed the daily equivalent of the annual rate of basic pay payable under Level V of the Executive Schedule under section 5316 of such title. (f) Administrative Support Services.--The Administrator of General Services shall provide to the Commission, on a reimbursable basis, any administrative support services that are necessary to enable the Commission to carry out this Act. SEC. 8. CONTRIBUTIONS. (a) Donations.-- (1) In general.--The Commission may accept donations of money, personal services, and real or personal property, including books, manuscripts, memorabilia, relics, objects, and other materials that are related to the Wright brothers or the history of aviation. (2) Donated funds.--Any funds donated to the Commission may be used by the Commission to carry out this Act. Funds donated to and accepted by the Commission pursuant to this section shall not be considered to be appropriated funds and shall not be subject to any requirements or restrictions applicable to appropriated funds. (b) Volunteer Services.--Notwithstanding section 1342 of title 31, United States Code, the Commission may accept and use voluntary and uncompensated services as the Commission determines necessary. (c) Remaining Funds.--Any donated funds remaining to the Commission on the date of the termination of the Commission may be used to ensure the proper disposition, as specified in the final report required by section 10(b), of historically significant property donated to or acquired by the Commission. Any such donated funds remaining after such disposition shall be transferred to the Secretary of the Treasury for deposit into the general fund of the Treasury of the United States. SEC. 9. EXCLUSIVE RIGHT TO NAME, LOGOS, EMBLEMS, SEALS, AND MARKS. (a) In General.--The Commission may devise any logo, emblem, seal, or descriptive or designating mark that is required to carry out its duties or that it determines is appropriate for use in connection with the commemoration of the First Flight. The Commission shall have the sole and exclusive right to use, or to allow or refuse the use of, the name ``Centennial of Flight Commission'' or any logo, emblem, seal, or descriptive or designating mark that the Commission lawfully adopts. (b) Effect on Other Rights.--No provision of this section may be construed to conflict or interfere with established or vested rights. SEC. 10. REPORTS. (a) Annual Report.--In each fiscal year in which the Commission is in existence, the Commission shall prepare and submit to the Congress a report describing the activities of the Commission during the fiscal year. Each annual report shall also include-- (1) recommendations regarding appropriate activities to commemorate the centennial of the First Flight, including-- (A) the production, publication, and distribution of books, pamphlets, films, and other educational materials; (B) bibliographical and documentary projects and publications; (C) conferences, convocations, lectures, seminars, and other similar programs; (D) the development of exhibits for libraries, museums, and other appropriate institutions; (E) ceremonies and celebrations commemorating specific events that relate to the history of aviation; (F) programs focusing on the history of aviation and its benefits to the United States and humankind; and (G) competitions, commissions, and awards regarding historical, scholarly, artistic, literary, musical, and other works, programs, and projects related to the centennial of the First Flight; (2) recommendations to appropriate agencies or advisory bodies regarding the issuance of commemorative coins, medals, and stamps by the United States relating to aviation or the First Flight; (3) recommendations for any legislation or administrative action that the Commission determines to be appropriate regarding the commemoration of the First Flight; and (4) an accounting of funds received and expended by the Commission in the fiscal year that the report concerns, including a detailed description of the source and amount of any funds donated to the Commission in the fiscal year. (b) Final Report.--Not later than June 30, 2004, the Commission shall submit to the President and the Congress a final report. The final report shall contain-- (1) a summary of the activities of the Commission; (2) a final accounting of funds received and expended by the Commission; (3) any findings and conclusions of the Commission; and (4) specific recommendations concerning the final disposition of any historically significant items acquired by the Commission, including items donated to the Commission under section 8(a)(1). SEC. 11. AUDIT OF FINANCIAL TRANSACTIONS. (a) In General.--The Inspector General of the General Services Administration shall audit the financial transactions of the Commission, including financial transactions involving donated funds, in accordance with generally accepted auditing standards. In conducting an audit pursuant to this section, the Inspector General shall have access to all books, accounts, financial records, reports, files, and other papers, items, or property in use by the Commission, as necessary to facilitate the audit, and shall be afforded full facilities for verifying the financial transactions of the Commission, including access to any financial records or securities held for the Commission by depositories, fiscal agents, or custodians. (b) Report.--Not later than September 31, 2004, the Inspector General of the General Services Administration shall submit to the President and to the Congress a report detailing the results of any audit of the financial transactions of the Commission conducted by the Inspector General. SEC. 12. DEFINITIONS. For purposes of this Act: (1) The term ``Commission'' means the Centennial of Flight Commission. (2) The term ``First Flight'' means the 1st successful manned, controlled, heavier-than-air, powered flight, which was accomplished by Orville and Wilbur Wright on December 17, 1903. SEC. 13. TERMINATION. The Commission shall terminate not later than 60 days after the submission of the final report required by section 10(b). SEC. 14. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $500,000 for each of the fiscal years 1995 through 2004. HR 5077 IH----2 | Centennial of Flight Commemoration Act - Establishes the Centennial of Flight Commission to commemorate the first manned airplane flight by the Wright brothers. Authorizes appropriations. |
SECTION 1. IMMIGRANTS TO NEW AMERICANS MODEL PROGRAMS. (a) Short Title.--This section may be cited as the ``Immigrants to New Americans Act''. (b) Findings.--Congress finds the following: (1) In 1997, there were an estimated 25,800,000 foreign- born individuals residing in the United States. That number is the largest number of such foreign-born individuals ever in United States history and represents a 6,000,000, or 30 percent, increase over the 1990 census figure of 19,800,000 of such foreign-born individuals. The Bureau of the Census estimates that the recently arrived immigrant population (including the refugee population) currently residing in the Nation will account for 75 percent of the population growth in the United States over the next 50 years. (2) For millions of immigrants settling into the Nation's hamlets, towns, and cities, the dream of ``life, liberty, and the pursuit of happiness'' has become a reality. The wave of immigrants, from various nationalities, who have chosen the United States as their home, has positively influenced the Nation's image and relationship with other nations. The diverse cultural heritage of the Nation's immigrants has helped define the Nation's culture, customs, economy, and communities. By better understanding the people who have immigrated to the Nation, individuals in the United States better understand what it means to be an American. (3) There is a critical shortage of teachers with the skills needed to educate immigrant students and their families in nonconcentrated, nontraditional, immigrant communities as well as communities with large immigrant populations. The large influx of immigrant families over the last decade presents a national dilemma: The number of such families with school-age children, requiring assistance to successfully participate in elementary schools, secondary schools, and communities in the United States, is increasing without a corresponding increase in the number of teachers with skills to accommodate their needs. (4) Immigrants arriving in communities across the Nation generally settle into high-poverty areas, where funding for programs to provide immigrant students and their families with the services the students and families need to successfully participate in elementary schools, secondary schools, and communities in the United States is inadequate. (5) The influx of immigrant families settling into many United States communities is often the result of concerted efforts by local employers who value immigrant labor. Those employers realize that helping immigrants to become productive, prosperous members of a community is beneficial for the local businesses involved, the immigrants, and the community. Further, local businesses benefit from the presence of the immigrant families because the families present businesses with a committed and effective workforce and help to open up new market opportunities. However, many of the communities into which the immigrants have settled need assistance in order to give immigrant students and their families the services the students and families need to successfully participate in elementary schools, secondary schools, and communities, in the United States. (c) Purpose.--The purpose of this section is to establish a grant program, within the Department of Education, that provides funding to partnerships of local educational agencies and community-based organizations for the development of model programs to provide to immigrant students and their families the services the students and families need to successfully participate in elementary schools, secondary schools, and communities, in the United States. (d) Definitions.--In this section: (1) Community-based organization; elementary school; local educational agency; secondary school.--The terms ``community- based organization'', ``elementary school'', ``local educational agency'', and ``secondary school'' have the meanings given the terms in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). (2) Immigrant.--The term ``immigrant'' has the meaning given the term in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101). (3) Secretary.--The term ``Secretary'' means the Secretary of Education. (e) Program Authorized.-- (1) In general.--The Secretary is authorized to award not more than 10 grants in a fiscal year to eligible partnerships for the design and implementation of model programs to-- (A) assist immigrant students to achieve in elementary schools and secondary schools in the United States by offering such educational services as English as a second language classes, literacy programs, programs for introduction to the education system, and civics education; and (B) assist parents of immigrant students by offering such services as parent education and literacy development services and by coordinating activities with other entities to provide comprehensive community social services such as health care, job training, child care, and transportation services. (2) Duration.--Each grant awarded under this section shall be awarded for a period of not more than 5 years. A partnership may use funds made available through the grant for not more than 1 year for planning and program design. (f) Applications for Grants.-- (1) In general.--Each eligible partnership desiring a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require. (2) Eligible partnerships.--To be eligible to receive a grant under this section, a partnership-- (A) shall include-- (i) at least 1 local educational agency; and (ii) at least 1 community-based organization; and (B) may include another entity such as an institution of higher education, a local or State government agency, a private sector entity, or another entity with expertise in working with immigrants. (3) Required documentation.--Each application submitted by a partnership under this section for a proposed program shall include documentation that-- (A) the partnership has the qualified personnel required to develop, administer, and implement the proposed program; and (B) the leadership of each participating school has been involved in the development and planning of the program in the school. (4) Other application contents.--Each application submitted by a partnership under this section for a proposed program shall include-- (A) a list of the organizations entering into the partnership; (B) a description of the need for the proposed program, including data on the number of immigrant students, and the number of such students with limited English proficiency, in the schools or school districts to be served through the program and the characteristics of the students described in this subparagraph, including-- (i) the native languages of the students to be served; (ii) the proficiency of the students in English and the native languages; (iii) achievement data for the students in-- (I) reading or language arts (in English and in the native languages, if applicable); and (II) mathematics; and (iv) the previous schooling experiences of the students; (C) a description of the goals of the program; (D) a description of how the funds made available through the grant will be used to supplement the basic services provided to the immigrant students to be served; (E) a description of activities that will be pursued by the partnership through the program, including a description of-- (i) how parents, students, and other members of the community, including members of private organizations and nonprofit organizations, will be involved in the design and implementation of the program; (ii) how the activities will further the academic achievement of immigrant students served through the program; (iii) methods of teacher training and parent education that will be used or developed through the program, including the dissemination of information to immigrant parents, that is easily understandable in the language of the parents, about educational programs and the rights of the parents to participate in educational decisions involving their children; and (iv) methods of coordinating comprehensive community social services to assist immigrant families; (F) a description of how the partnership will evaluate the progress of the partnership in achieving the goals of the program; (G) a description of how the local educational agency will disseminate information on model programs, materials, and other information developed under this section that the local educational agency determines to be appropriate for use by other local educational agencies in establishing similar programs to facilitate the educational achievement of immigrant students; (H) an assurance that the partnership will annually provide to the Secretary such information as may be required to determine the effectiveness of the program; and (I) any other information that the Secretary may require. (g) Selection of Grantees.-- (1) Criteria.--The Secretary, through a peer review process, shall select partnerships to receive grants under this section on the basis of the quality of the programs proposed in the applications submitted under subsection (f), taking into consideration such factors as-- (A) the extent to which the program proposed in such an application effectively addresses differences in language, culture, and customs; (B) the quality of the activities proposed by a partnership; (C) the extent of parental, student, and community involvement; (D) the extent to which comprehensive community social services are made available; (E) the quality of the plan for measuring and assessing success; and (F) the likelihood that the goals of the program will be achieved. (2) Geographic distribution of programs.--The Secretary shall approve applications under this section in a manner that ensures, to the extent practicable, that programs assisted under this section serve different areas of the Nation, including urban, suburban, and rural areas, with special attention to areas that are experiencing an influx of immigrant groups (including refugee groups), and that have limited prior experience in serving the immigrant community. (h) Evaluation and Program Development.-- (1) Requirement.--Each partnership receiving a grant under this section shall-- (A) conduct a comprehensive evaluation of the program assisted under this section, including an evaluation of the impact of the program on students, teachers, administrators, parents, and others; and (B) prepare and submit to the Secretary a report containing the results of the evaluation. (2) Evaluation report components.--Each evaluation report submitted under this section for a program shall include-- (A) data on the partnership's progress in achieving the goals of the program; (B) data showing the extent to which all students served by the program are meeting the State's student performance standards, including-- (i) data comparing the students served to other students, with regard to grade retention and academic achievement in reading and language arts, in English and in the native languages of the students if the program develops native language proficiency, and in mathematics; and (ii) a description of how the activities carried out through the program are coordinated and integrated with the overall school program of the school in which the program described in this section is carried out, and with other Federal, State, or local programs serving limited English proficient students; (C) data showing the extent to which families served by the program have been afforded access to comprehensive community social services; and (D) such other information as the Secretary may require. (i) Administrative Funds.--A partnership that receives a grant under this section may use not more than 5 percent of the grant funds received under this section for administrative purposes. (j) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $10,000,000 for fiscal year 2001 and such sums as may be necessary for each of the 4 succeeding fiscal years. | Limits the number of such grants to ten in a fiscal year. Limits the duration of any such grant to five years, with not more than one year for planning and design. Requires that each partnership eligible to receive such a grant include at least one local educational agency and at least one community-based organization. Allow such a partnership to include another entity such as an institution of higher education, a local or State government agency, a private sector entity, or another entity with expertise in working with immigrants. Authorizes appropriations. |
SECTION. 1. PURPOSE The purpose of this Act is to strengthen provisions of the Federal Nonnuclear Energy Research and Development Act of 1974 to authorize and undertake a long-term research, development, and demonstration program to-- (1) develop new and enhance existing technologies that reduce or avoid anthropogenic emissions of greenhouse gases; (2) develop new technologies that could remove and sequester greenhouse gases from emissions streams; and (3) develop new technologies and practices to remove and sequester greenhouse gases from the atmosphere. SEC. 2. CLIMATE TECHNOLOGY RESEARCH, DEVELOPMENT AND DEMONSTRATION PROGRAM. Subtitle B of title XXI of the Energy Policy Act of 1992 (42 U.S.C. 13471) is amended by adding the following new subsection: ``SEC. 2120. CLIMATE TECHNOLOGY RESEARCH, DEVELOPMENT AND DEMONSTRATION PROGRAM. ``(a) Purpose.--The purpose of this section is to direct the Secretary to further the goals of development and commercialization of technologies, through widespread application and utilization of which will assist in stabilizing global concentrations of greenhouse gases, by the conduct of a long-term research, development, and demonstration program undertaken with selected industry participants or consortia. ``(b) Program.--The Secretary, in consultation with the Advisory Board established under section 2302, shall establish a long-term Climate Technology Research, Development, and Demonstration Program, in accordance with sections 3001 and 3002. ``(c) Program Objectives.--The program shall foster-- ``(1) development of new technologies and the enhancement of existing technologies that reduce or avoid anthropogenic emissions of greenhouse gases and improve energy efficiency; ``(2) development of new technologies that are able to remove and sequester greenhouse gases from emissions streams; and ``(3) development of new technologies and practices to remove and sequester greenhouse gases from the atmosphere. ``(d) Program Plan.-- ``(1) Initial plan.--Not later than 180 days after the date of enactment of this section, the Secretary, in consultation with appropriate representatives of industry, institutions of higher education, Department of Energy national laboratories, and professional and technical societies, shall prepare and submit to the Congress a 10-year program plan to guide activities under this section. ``(2) Biennial update.--The Secretary shall biennially update and resubmit the program plan to the Congress. ``(e) Proposals.-- ``(1) Solicitation.--Not later than one year after the date of submittal of the 10-year program plan, and consistent with sections 3001 and 3002, the Secretary shall solicit proposals for conducting activities consistent with the 10-year program plan and select one or more proposals not later than 180 days after such solicitations. ``(2) Qualifications.--In order for a proposal to be considered by the Secretary, an applicant shall provide evidence that the applicant has in existence-- ``(A) the technical capability to enable it to make use of existing research support and facilities in carrying out its research objectives; ``(B) a multi-disciplinary research staff experienced in-- ``(i) energy generation, transmission, distribution and end-use technologies; or ``(ii) technologies or practices able to sequester, avoid, or capture greenhouse gas emissions; or ``(iii) other directly related technologies or practices; ``(C) access to facilities and equipment to enable the conduct of laboratory-scale testing or demonstration of technologies or related processes undertaken through the program. ``(3) Proposal criteria.--Each proposal shall-- ``(A) demonstrate the support of the relevant industry by describing-- ``(i) how the relevant industry has participated in deciding what research activities will be undertaken; ``(ii) how the relevant industry will participate in the evaluation of the applicant's progress in research and development activities; and ``(iii) the extent to which industry funds are committed to the applicant's submission; ``(B) have a commitment for matching funds from non-Federal sources, which shall consist of-- ``(i) cash; or ``(ii) as determined by the Secretary, the fair market value of equipment, services, materials, appropriate technology transfer activities, and other assets directly related to the proposal's cost; ``(C) include a single-year and multi-year management plan that outline how the research and development activities will be administered and carried out; ``(D) state the annual cost of the proposal and a breakdown of those costs; and ``(E) describe the technology transfer mechanisms that the applicant will use to make available research results to industry and to other researchers. ``(4) Contents of proposal.--A proposal under this subsection shall include-- ``(A) an explanation of how the proposal will expedite the research, development, demonstration, and commercialization of technologies capable of-- ``(i) reducing or avoiding anthropogenic emissions of greenhouse gases; ``(ii) removing and sequestering greenhouse gases from emissions streams; or ``(iii) removing and sequestering greenhouse gases from the atmosphere. ``(B) evidence of consideration of whether the unique capabilities of Department of Energy national laboratories warrant collaboration with those laboratories, and the extent of the collaboration proposed; ``(C) a description of the extent to which the proposal includes collaboration with relevant industry or other groups or organizations; ``(D) evidence of the ability of the applicant to undertake and complete the proposed project; ``(E) evidence of applicant's ability to successfully introduce the technology into commerce, as demonstrated by past experience and current relationships with industry; and ``(F) a demonstration of continued financial commitment during the entire term of the proposal from all industrial sectors involved in the technology development. ``(f) Selection of Proposals.--From the proposals submitted, the Secretary shall select for funding one or more proposals that-- ``(1) will best result in carrying out needed research, development, and demonstration related to technologies able to assist in the stabilization of global greenhouse gas concentrations through one or more of the following approaches-- ``(A) improvement in the performance of fossil- fueled energy technologies; ``(B) development of greenhouse gas capture and sequestration technologies and processes; ``(C) cost reduction and acceleration of deployment of renewable resource and distributed generation technologies; ``(D) development of an advanced nuclear generation design; and ``(E) improvement in the efficiency of electrical generation, transmission, distribution, and end use;'' ``(F) design and use of-- ``(i) closed-loop multi-stage industrial processes that minimize raw material consumption and waste streams; ``(ii) advanced co-production systems (such as coal-based chemical processing and biomass fuel processing); and ``(iii) recycling and industrial-ecology programs integrating energy efficiency. ``(2) represent research and development in specific areas identified in the program plan developed biennially by the Secretary and submitted to Congress under subsection (c); ``(3) demonstrate strong industry support; ``(4) ensure the timely transfer of technology to industry; and ``(5) otherwise best carry out this section. ``(g) Annual Progress Reports.--The Director of the Office of Science and Technology, in consultation with the Director of the Office of Management and Budget, shall prepare and submit an annual report to Congress that-- ``(1) certifies that the program objectives are adequately focused, peer-reviewed and merit-reviewed, and not unnecessarily duplicative with the science and technology research being conducted by other Federal agencies and agents, and ``(2) states whether the program as conducted in the prior year addresses an adequate breadth and range of technologies and solutions to address anthropogenic climate change, including-- ``(A) capture and sequestration of greenhouse gas emissions; ``(B) development of photovoltaic, high-efficiency coal, advanced nuclear, and fuel cell generation technologies; ``(C) cost reduction and acceleration of deployment of renewable resource and distributed generation technologies; and ``(D) improvement in the efficiency of electrical generation, transmission, distribution, and end use; ``(h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $200,000,000 for each of fiscal years 2001 through 2010, to remain available until expended. This authorization is supplemental to existing authorities and shall not be construed as a cap on the Department of Energy's Research, Development and Demonstration programs.''. SEC. 3. COMPREHENSIVE PLAN AND IMPLEMENTING PROGRAM FOR ENERGY RESEARCH, DEVELOPMENT, AND DEMONSTRATION. Section 6 of the Federal Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5905) 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) solutions to the effective management of greenhouse gas emissions in the long term by the development of technologies and practices designed to-- ``(A) reduce or avoid anthropogenic emissions of greenhouse gases; ``(B) remove and sequester greenhouse gases from emissions streams; and ``(C) remove and sequester greenhouse gases from the atmosphere.''; and (2) in subsection (b)-- (A) in paragraph (2), by striking ``subsection (a)(1) through (3)'' and inserting ``paragraphs (1) through (4) of subsection (a); and (B) in paragraph (3)-- (i) in subparagraph (R), by striking ``and'' at the end; (ii) in subparagraph (S), by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(T) to pursue a long-term climate technology strategy designed to demonstrate a variety of technologies by which stabilization of greenhouse gases might be best achieved, including-- ``(i) the accelerated commercial demonstration of low-cost and high efficiency photovoltaic power systems; ``(ii) advanced clean coal technology; ``(iii) advanced nuclear power plant design; ``(iv) fuel cell technology development for cost-effective application in residential, industrial and transportation applications; ``(v) low cost carbon sequestration practices and technologies including biotechnology, tree physiology, soil productivity and remote sensing; ``(vi) hydro and other renewables; ``(vii) electrical generation, transmission and distribution technologies and end use technologies; and ``(viii) bio-energy technology.'' SEC. 4. DEFINITIONS. For the purpose of this Act and the provisions of the Federal Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5901, et seq.) amended by this Act, the following terms are defined as follows: ``(1) Climate change.--The term `climate change' means a change of climate which is attributed directly or indirectly to human activity which is in addition to natural climate variability observed over comparable time periods. ``(2) Greenhouse gases.--The term `greenhouse gases' means those gaseous constituents of the atmosphere, both natural and anthropogenic, that absorb and re-emit infrared radiation. ``(3) Greenhouse gas sequestration.--The term `greenhouse gas sequestration' means extracting one or more greenhouse gases from the atmosphere or an emissions stream through a technological process designed to extract and isolate those gases from the atmosphere or an emissions stream; or the natural process of photosynthesis that extracts carbon dioxide from the atmosphere and stores it as carbon in trees, roots, stems, soils, foliage, and durable wood products.''. | Authorizes appropriations. Amends the Federal Nonnuclear Energy Research and Development Act of 1974 to include solutions to the effective long-term management of greenhouse gas emissions as one of the goals of the comprehensive plan for energy research, development, and demonstration (including stabilization, reduction and sequestration). |
SECTION 1. SHORT TITLE. This Act may be cited as the ``First-time Homebuyer Down Payment Assistance Act''. SEC. 2. EQUITY INVESTMENTS IN PRINCIPAL RESIDENCES FOR FIRST-TIME HOMEBUYERS BY CERTAIN RETIREMENT PLANS. (a) Exemption of Investment From Prohibited Transaction Rules.-- Section 4975 of the Internal Revenue Code of 1986 (relating to tax on prohibited transactions) is amended by redesignating subsections (h) and (i) as subsections (i) and (j), respectively, and by inserting after subsection (g) the following new subsection: ``(h) Special Rule for Home Equity Participation Arrangements.-- ``(1) In general.--The prohibitions provided in subsection (c) shall not apply to any qualified home equity participation arrangement to the extent that the amount paid to acquire the ownership interest referred to paragraph (2)(A) does not exceed $10,000. ``(2) Qualified home equity participation arrangement.--For purposes of this subsection-- ``(A) In general.--The term `qualified home equity participation arrangement' means an arrangement-- ``(i) under which the trustee of a qualified plan, at the direction of the eligible participant, shall acquire an ownership interest in any dwelling unit which within a reasonable period of time (determined at the time the arrangement is executed) is to be used as the principal residence for a first- time homebuyer, and ``(ii) which meets the requirements of subparagraph (B). ``(B) Ownership interest requirement.--An arrangement shall meet the requirements of this subparagraph if the ownership interest described in subparagraph (A)-- ``(i) is a fee interest in such property (and, in the case of an arrangement which is not otherwise at arm's length, the trustee's fee interest would be reasonable in an arm's length arrangement), ``(ii) by its terms requires repayment in full upon the sale or other transfer of the dwelling unit, and ``(iii) may not be used as security for any loan secured by any interest in the dwelling unit. ``(3) Definitions.--For purposes of this subsection-- ``(A) Eligible participant.--The term `eligible participant' means an individual on whose behalf a qualified plan is established. ``(B) Qualified plan.--The term `qualified plan' means an individual retirement plan or qualified cash or deferred arrangement described in section 401(k). ``(C) First-time homebuyer.--The term `first-time homebuyer' means an individual who-- ``(i) is an eligible participant or qualified family member, and ``(ii) had (and if married, such individual's spouse had) no present ownership interest in a principal residence at any time during the 2-year period before the date of the arrangement. ``(D) Qualified family member.--The term `qualified family member' means a child (as defined in section 151(c)(3)) or grandchild of the eligible participant (or such participant's spouse). Section 152(b)(2) shall apply in determining if an individual is a child or grandchild of an eligible participant (or such participant's spouse). ``(E) Acquisition; etc.-- ``(i) Acquisition.--The term `acquisition' includes construction, reconstruction, and improvement related to such acquisition. ``(ii) Acquisition cost.--The term `acquisition cost' has the meaning given such term by section 143(k)(3). ``(F) Principal residence.--The term `principal residence' has the same meaning as when used in section 121.''. (b) Investment Not a Loan Under Distribution Rules.--Section 72(p) of such Code (relating to loans treated as distributions) is amended by adding at the end the following new paragraph: ``(6) Special rule for home equity participation arrangements.--Paragraph (1) shall not apply to a qualified home equity participation arrangement to which section 4975(h)(1) applies.''. (c) Conforming Amendment.--Section 408(b) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1108(b)) is amended by adding at the end the following new paragraph: ``(14) Any qualified home equity participation arrangement to which section 4975(h) of the Internal Revenue Code of 1986 applies to the extent that the requirements of paragraph (1) thereof are met.''. (d) Effective Date.--The amendments made by this section shall apply to arrangements entered into after the date of the enactment of this Act. | First-time Homebuyer Down Payment Assistance Act - Amends the Internal Revenue Code and the Employee Retirement Income Security Act of 1974 (ERISA) to exempt from prohibited transaction rules any home equity participation arrangement under which the trustee of a qualified plan, at the direction of the eligible participant, shall acquire an ownership interest (not to exceed $10,000, and repayable in full upon resale or other transfer) in any dwelling unit which within a reasonable period of time is to be used as the principal residence for a first-time homebuyer. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Friends of the Children National Demonstration Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the single most important protective factor in a child's life is a long-term relationship with a supportive, caring adult; (2) while the most disadvantaged children can be accurately identified as early as age 5, very few long-term intervention programs are initiated at this age; (3) no Federal competitive grant or contract program exists to fund innovative programs matching the most disadvantaged children beginning at age 5 with ``professional mentors'' for 10 years or more; (4) privately-funded programs matching ``professional mentors'' with the most disadvantaged children beginning at an early age for the child and lasting for 10 years or more, show great promise in benefitting the most disadvantaged children and youth; and (5) violent juvenile crime is a national problem, and the most disadvantaged children and youth need support specifically targeted to help them from becoming involved in, or a victim of, violent juvenile crime. SEC. 3. PURPOSES. The purposes of this Act are as follows: (1) To establish a national demonstration project to promote learning about successful early and sustained childhood interventions, with programs carried out by Friends of the Children local chapters, by employing and measuring an effective approach for improving the lives and future prospects of the most disadvantaged children and youth. (2) To demonstrate an effective early intervention program that serves the most disadvantaged children and youth through private/public partnerships to prevent the need for costly incarceration, rehabilitation, and treatment at a later date. (3) To document best practices for conducting a successful early intervention for the most disadvantaged children and youth, based on the results of Friends of the Children local chapters. (4) To produce lessons and data from the operating experiences of those Friends of the Children local chapters that will provide information to improve policy in the public and private sectors. SEC. 4. ESTABLISHMENT OF DEMONSTRATION PROJECT. (a) In General.--From amounts made available to carry out this Act, the Attorney General shall carry out a demonstration project under which the Attorney General makes a grant to Friends of the Children, National Office, to be subgranted by such office to Friends of the Children local chapters to pay for the Federal share of the cost of carrying out early intervention programs under this Act. (b) Eligible Local Chapters.--Friends of the Children local chapters serving the following cities are eligible to participate in the demonstration project: (1) Chester, Pennsylvania. (2) Cincinnati, Ohio. (3) Eugene, Oregon. (4) Klamath Falls, Oregon. (5) New York, New York. (6) Portland, Oregon. (7) Salem, Oregon. (8) San Francisco, California. (9) Seattle, Washington. (10) Wilmington, Delaware. (11) Boston, Massachusetts. (c) Federal Share.-- (1) In general.--The Federal share of the cost referred to in subsection (a) may not exceed 75 percent. (2) Non-federal share.--The non-Federal share of such cost may be provided in cash or in-kind. SEC. 5. ELIGIBILITY. (a) In General.--To be eligible to receive a subgrant under this Act, a Friends of the Children local chapter serving a city referred to in section 4(b) shall submit an application to Friends of the Children, National Office, at such time, in such manner, and containing such information as Friends of the Children, National Office may require. (b) Selection Criteria.--In making subgrants under this Act, Friends of the Children, National Office, shall consider the ability of the Friends of the Children local chapter-- (1) to implement an early intervention program for the most disadvantaged children and youth; (2) to identify and target the most disadvantaged children and youth through a three-tiered process of identifying the children including-- (A) several weeks of classroom (either kindergarten or first grade) observation; (B) assessment forms completed by the classroom teachers and other relevant school staff; and (C) a closed session with elementary school teachers, family, counselors, and administrators; and (3) to participate in an evidence-based evaluation of the early intervention program for the most disadvantaged children and youth. SEC. 6. USES OF FUNDS. (a) Programs.-- (1) Core features.--A Friends of the Children local chapter that receives a subgrant under this Act shall use some or all of the subgrant amounts to carry out an early intervention program with the following core features: (A) Target group.--The program shall target children between the ages of 5 and 7 years old for initial enrollment who-- (i) are at most risk of-- (I) abuse and neglect; (II) school failure; (III) juvenile delinquency and gang and drug involvement; and (IV) teen pregnancy; and (ii) are unlikely to develop any form of resiliency without intensive, long-term intervention; and (iii) as adults, are likely to have problems with mental illness, substance abuse, and the criminal justice system. (B) Professional mentors.--The program shall make significant use of professional adult role models to serve no more than eight children through one-on-one relationships on a weekly basis for approximately 12 years. (C) Long-term involvement.--Professional mentors will engage each child one-on-one on a weekly basis for approximately 12 years (2) Permissible services.--The Friends of the Children local chapter may use some of the subgrant amounts to secure training and technical assistance from the Friends of the Children National Office to build its infrastructure to improve its capacity to service youth. (b) Evaluation and Related Activities.--Friends of the Children National Office shall use grant amounts under this Act to-- (1) prepare and implement an evaluation design for evaluating the Friends of the Children local chapters that receive subgrants under this Act; (2) conduct annual evaluations of the performance and progress of the early intervention programs under this Act; (3) provide training and technical assistance to the Friends of the Children local chapters, based on such annual evaluations; (4) prepare and submit to the Attorney General a report that describes the activities of such programs and the results of such evaluations; and (5) disseminate information and results generated from the operation of the demonstration project and the resulting evaluation with policy makers in the public and private sectors. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Attorney General to carry out this Act $7,500,000 for each of the fiscal years 2005 through 2009. | Friends of the Children National Demonstration Act - Directs the Attorney General to establish a national demonstration project regarding early and sustained intervention programs for disadvantaged children and youth, through a project grant to Friends of the Children, National Office, which shall make subgrants to its local chapters in specified cities. |
SECTION 1. REFERENCES TO SOCIAL SECURITY ACT. Except as otherwise specifically provided, whenever in this Act an amendment is expressed in terms of an amendment to or repeal of a section or other provision, the reference shall be considered to be made to that section or other provision of the Social Security Act. SEC. 2. HOME AND COMMUNITY CARE FOR THE FRAIL ELDERLY. (a) Definition of Functionally Disabled Elderly Individual.-- Section 1929(b)(1)(C) (42 U.S.C. 1396t(b)(1)(C)) is amended to read as follows: ``(C) subject to section 1902(f) (as applied consistent with section 1902(r)(2))-- ``(i) is receiving supplemental security income benefits under title XVI (or under a State plan approved under title XVI), or ``(ii) at the option of the State-- ``(I) is described in section 1902(a)(10)(C), or ``(II) has income (as determined under section 1612 for purposes of the supplementary security income program) that does not exceed three times the maximum amount of income that an individual may have and obtain benefits under such program.''. (b) Determinations of Functional Disability.--Section 1929(c)(1) (42 U.S.C. 1396t(c)(1)) is amended-- (1) in subparagraph (A)-- (A) by striking ``3'' and inserting ``5'', and (B) by striking ``toileting, transferring, and eating; or'' and inserting ``bathing, dressing, toileting, transferring, and eating;'', (2) in subparagraph (B)-- (A) by striking ``of the following 5 activities of daily living: bathing, dressing, toileting, transferring, and eating'' and inserting ``of the 5 activities of daily living described in subparagraph (A)'', and (B) by striking the period at the end and inserting a semicolon, and (3) by adding at the end the following new subparagraphs: ``(C) needs substantial supervision due to cognitive or other mental impairment and needs substantial assistance or supervision from another individual with at least 1 of the 5 activities of daily living described in subparagraph (A) or in complying with a daily drug regimen; or ``(D) needs substantial supervision from another individual because such individual engages in inappropriate behaviors that pose serious health or safety hazards to such individual or others.''. (c) Survey and Certification for Certain Community Care Settings.-- (1) In general.--Section 1929(i) (42 U.S.C.1395t(i)) is amended-- (A) in paragraph (1), by adding at the end the following new subparagraph: ``(D) Special rule for certain small community care settings.--For purposes of this paragraph, the terms `community care setting' and `setting' shall not include a small community care setting that is not a provider of home and community care.'', and (B) in paragraph (3), by adding at the end the following new subparagraph: ``(F) Special rule for certain small community care settings.--For purposes of this paragraph, the terms `community care setting' and `setting' shall not include a small community care setting that is not a provider of home and community care.''. (2) Additional responsibilities for case managers.--Section 1929(d)(2) (42 U.S.C. 1396t(d)(2)) is amended-- (A) by amending subparagraph (A) to read as follows: ``(A) has experience or has been trained-- ``(i) in establishing, and in periodically reviewing and revising, individual community care plans; ``(ii) in the provision of case management services to the elderly; and ``(iii) with respect to case managers for individuals residing in small community care settings that are not providers of home and community care, in reviewing the compliance of such settings with the requirements set forth in subsection (g)(2);'', and (B) in subparagraph (B)-- (i) by striking ``and (iii)'' and inserting ``(iii)'', and (ii) by striking ``occur;'' and inserting ``occur; and (iv) reviewing the compliance of small community care settings that are not providers of home and community care with the requirements set forth in subsection (g)(2) in coordination with Ombudsmen selected under the State Long-Term Care Ombudsman program (described in section 712 of the Older Americans Act of 1965) and reporting any noncompliance of such settings with such subsection to the State;''. (d) Limitation on Amount of Expenditures as Medical Assistance.-- Section 1929(m) (42 U.S.C. 1396t(m)) is amended-- (1) in paragraph (1), by striking ``The amount of funds'' and inserting ``Except as provided in paragraph (5), the amount of funds'', (2) in paragraph (2)-- (A) by striking ``Individual Community Care Plan'' and inserting ``individual community care plan'', and (B) by striking ``an election period is the period of 4 or more calendar quarters'' and inserting ``an election period is a Federal fiscal year'', (3) by amending paragraph (4) to read as follows: ``(4) Allocation of medical assistance.-- ``(A) In general.--All of the funds available to be expended under paragraph (1) during a fiscal year shall be available as Federal medical assistance to the States electing to provide services under this section during such fiscal year. ``(B) General allocation formula.--For each fiscal year, beginning with fiscal year 1994, a State which has provided a notice to the Secretary under paragraph (6)(A) shall be allocated an amount of the funds that may be expended under paragraph (1) for such fiscal year equal to the product of-- ``(i) the total amount of funds that may be expended under paragraph (1) for such fiscal year; and ``(ii) the amount determined by dividing-- ``(I) the number of individuals age 65 or older residing in such State during such fiscal year, by ``(II) the total number of individuals age 65 or older residing in all States which have submitted notices to the Secretary under such paragraph during such fiscal year. ``(C) Reallocation of funds.-- ``(i) Formula for reallocation.-- ``(I) General rule.--Except as provided in subclause (II), within 60 days after the end of each fiscal year, beginning with fiscal year 1993, the Secretary shall pay to each State which provided services under this section during such fiscal year an amount equal to the product of-- ``(aa) the total amount of funds that may be expended under paragraph (1) for such fiscal year which remain available at the end of such fiscal year; and ``(bb) the amount determined by dividing the unavailable Federal amount (as defined in clause (ii)) for such State by the total unavailable Federal amount for all the States which provided services under this section during such fiscal year. ``(II) Special rule.--The amount determined for payment to a State under subclause (I) shall not exceed the unavailable Federal amount for such State. ``(ii) Definition.--For purposes of this subparagraph, the term `unavailable Federal amount' means the excess of-- ``(I) the amount a State would have received in Federal medical assistance based on such State's expenditures for services provided under this section but for the allocation under subparagraph (B), over ``(II) the amount of Federal medical assistance allocated to such State under subparagraph (B).'', and (4) by adding at the end the following new paragraphs: ``(5) Carryover of funds to next fiscal year.--Beginning with fiscal year 1993, any funds available under the limitations set forth in paragraph (1) for a fiscal year which remain available at the end of such fiscal year shall be available to be expended in the following fiscal year. ``(6) Notice to states of amounts available for assistance.-- ``(A) In general.-- ``(i) Notice to secretary.--In order to receive Federal medical assistance for expenditures for home and community care under this section for any fiscal year (beginning with fiscal year 1994), a State shall submit not later than 3 months before the beginning of such fiscal year a notice to the Secretary of its intention to provide such care. ``(ii) Notice to states.--Not later than 2 months before the beginning of each fiscal year (beginning with fiscal year 1994), the Secretary shall notify each State that has submitted a notice to the Secretary under clause (i) for the fiscal year of the amount of Federal medical assistance that will be available to the State for such fiscal year (as established under paragraph (4)(B)).''. (e) Evaluations and Reports.--Section 1929 (42 U.S.C. 1396t) is amended by adding at the end the following new subsection: ``(n) Evaluations and Reports.--The Secretary shall evaluate the provision of home and community care by States under this section and shall submit to the Committees on Energy and Commerce and Ways and Means of the House of Representatives and the Committee on Finance of the Senate an annual report on the effectiveness of such care, including the cost effectiveness of providing such care, and any recommendations for appropriate legislative action.''. (f) Effective Date.--The amendments made by this section shall be effective on the date of the enactment of this Act. SEC. 3. AMENDMENTS RELATED TO COMMUNITY SUPPORTED LIVING ARRANGEMENTS SERVICES. (a) Developmentally Disabled Individual Defined.--Section 1930(b) (42 U.S.C. 1396u(b)), is amended-- (1) by striking ``guardian'' and inserting ``guardian or'', and (2) by striking ``3 other'' and inserting ``3''. (b) Carryover of Available Funds.--Section 1930(j) (42 U.S.C. 1396u(j)) is amended by adding at the end the following new sentence: ``Beginning with fiscal year 1993, any funds available under the limitations set forth in this subsection for a fiscal year which remain available at the end of such fiscal year shall be available to be expended in the following fiscal year.''. (c) Evaluations and Reports.--Section 1930 (42 U.S.C. 1396u) is amended by adding at the end the following new subsection: ``(k) Evaluations and Reports.--The Secretary shall evaluate the provision of community supported living arrangements services by States under this section and shall submit to the Committees on Energy and Commerce and Ways and Means of the House of Representatives and the Committee on Finance of the Senate an annual report on the effectiveness of such services, including the cost effectiveness of providing such services, and any recommendations for appropriate legislative action.''. (d) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall be effective on the date of the enactment of this Act. (2) Special rule.--In the case of any State which, on the date of enactment of this Act, provides services under section 1930 of the Social Security Act to 4 individuals residing together for purposes of subsection (b) of such section, the amendment made by subsection (a)(2) shall be effective on October 1, 1994. SEC. 4. ALZHEIMER'S DISEASE DEMONSTRATION PROJECTS. (a) In General.--Section 9342 of the Omnibus Budget Reconciliation Act of 1986, as amended by section 4164(a)(2) of the Omnibus Budget Reconciliation Act of 1990, is amended-- (1) in subsection (c)(1), by striking ``4 years'' and inserting ``6 years'', (2) in subsection (d)(1), by striking ``fourth year'' and inserting ``sixth year'', and (3) in subsection (f)-- (A) by striking ``$55,000,000'' and inserting ``$70,000,000''; and (B) by striking ``$3,000,000'' and inserting ``$4,000,000''. (b) Effective Date.--The amendments made by this section shall be effective on the date of the enactment of this Act. | Amends title XIX (Medicaid) of the Social Security Act to allow the participation in home- and community-based care programs of functionally disabled elderly individuals with: (1) incomes of up to three times the maximum amount allowed under the Supplemental Security Income program, at the State's option; and (2) two of five (currently, two of three) impaired activities of daily living. Exempts small community care settings which are not providers of home- and community-based care from survey and certification requirements. Requires case managers who have been properly trained to review such small settings for compliance with applicable requirements. Revises program funding provisions to: (1) guarantee States with a certain amount of funding over one year's election period; and (2) allow remaining funds to be carried over to the next fiscal year. Requires: (1) a State to notify the Secretary of Health and Human Services of its intention to provide home- and community-based care in order to receive Federal funding for it; and (2) the Secretary to notify each State which has submitted such a notice of the Federal funding amount available to it for the fiscal year. Requires the Secretary to evaluate and report annually to specified congressional committees on the provision of home-and community-based care by States. Revises the definition of developmentally disabled individual with respect to eligibility for community supported living arrangements program services. Allows program funds remaining at the end of a fiscal year to be carried over to the next fiscal year. Requires the Secretary to evaluate and report annually to specified congressional committees on the provision of community supported living arrangement services by States. Amends the Omnibus Budget Reconciliation Act of 1986 to reauthorize Alzheimer's disease demonstration projects. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Contracting and Tax Accountability Act of 2014''. SEC. 2. GOVERNMENTAL POLICY. It is the policy of the United States Government that no Government contracts or grants should be awarded to individuals or companies with seriously delinquent Federal tax debts. SEC. 3. DISCLOSURE AND EVALUATION OF CONTRACT OFFERS FROM DELINQUENT FEDERAL DEBTORS. (a) In General.--The head of any executive agency that issues an invitation for bids or a request for proposals for a contract in an amount greater than the simplified acquisition threshold shall require each person that submits a bid or proposal to submit with the bid or proposal a form-- (1) certifying whether the person has a seriously delinquent tax debt; and (2) authorizing the Secretary of the Treasury to disclose to the head of the agency information limited to describing whether the person has a seriously delinquent tax debt. (b) Impact on Responsibility Determination.--The head of any executive agency, in evaluating any offer received in response to a solicitation issued by the agency for bids or proposals for a contract, shall consider a certification that the offeror has a seriously delinquent tax debt, or a certification that the offeror does not have a seriously delinquent tax debt that is demonstrated to be false by information received from the Secretary of the Treasury (as authorized under subsection (a)(2)), to be definitive proof that the offeror is not a responsible source as defined in section 113 of title 41, United States Code. (c) Suspension.-- (1) Requirement.--Except as provided in paragraph (2), the head of an executive agency shall propose a person for suspension under subpart 9.4 of the Federal Acquisition Regulation after receiving an offer for a contract from such person if such offer contains a certification (as required under subsection (a)(1)) that such person has a seriously delinquent tax debt. (2) Waiver.--The head of an executive agency may waive paragraph (1) with respect to a person based upon a written finding of urgent and compelling circumstances significantly affecting the interests of the United States. If the head of an executive agency waives paragraph (1) for a person, the head of the agency shall submit to Congress, within 30 days after the waiver is made, a report containing the rationale for the waiver and relevant information supporting the waiver decision. (d) Debarment.-- (1) Requirement.--Except as provided in paragraph (2), the head of an executive agency shall propose a person for debarment after receiving an offer for a contract from such person if-- (A) such offer contains a certification (as required under subsection (a)(1)) that such person does not have a seriously delinquent tax debt; and (B) the head of the agency receives information from the Secretary of the Treasury (as authorized under subsection (a)(2)) demonstrating that the certification submitted by such person is false. (2) Waiver.--The head of an executive agency may waive paragraph (1) with respect to a person based upon a written finding of urgent and compelling circumstances significantly affecting the interests of the United States. If the head of an executive agency waives paragraph (1) for a person, the head of the agency shall submit to Congress, within 30 days after the waiver is made, a report containing the rationale for the waiver and relevant information supporting the waiver decision. (e) Release of Information.--The Secretary of the Treasury shall make available to all executive agencies a standard form for the authorization described in subsection (a). (f) Revision of Regulations.--Not later than 270 days after the date of enactment of this subsection, the Federal Acquisition Regulation shall be revised to incorporate the requirements of this section. SEC. 4. DISCLOSURE AND EVALUATION OF GRANT APPLICATIONS FROM DELINQUENT FEDERAL DEBTORS. (a) In General.--The head of any executive agency that offers a grant in excess of an amount equal to the simplified acquisition threshold shall require each person applying for a grant to submit with the grant application a form-- (1) certifying whether the person has a seriously delinquent tax debt; and (2) authorizing the Secretary of the Treasury to disclose to the head of the executive agency information limited to describing whether the person has a seriously delinquent tax debt. (b) Impact on Determination of Financial Stability.--The head of any executive agency, in evaluating any application for a grant offered by the agency, shall consider a certification that the grant applicant has a seriously delinquent tax debt, or a certification that the offeror does not have a seriously delinquent tax debt that is demonstrated to be false by information received from the Secretary of the Treasury (as authorized under subsection (a)(2)), to be definitive proof that the applicant is high-risk and, if the applicant is awarded the grant, shall take appropriate measures under guidelines issued by the Office of Management and Budget for enhanced oversight of high-risk grantees. (c) Suspension.-- (1) Requirement.--Except as provided in paragraph (2), the head of an executive agency shall propose a person for suspension under part 180 of title 2, Code of Federal Regulations, after receiving an offer for a grant from such person if such offer contains a certification (as required under subsection (a)(1)) that such person has a seriously delinquent tax debt. (2) Waiver.--The head of an executive agency may waive paragraph (1) with respect to a person based upon a written finding of urgent and compelling circumstances significantly affecting the interests of the United States. If the head of an executive agency waives paragraph (1) for a person, the head of the agency shall submit to Congress, within 30 days after the waiver is made, a report containing the rationale for the waiver and relevant information supporting the waiver decision. (d) Debarment.-- (1) Requirement.--Except as provided in paragraph (2), the head of an executive agency shall propose a person for debarment under part 180 of title 2, Code of Federal Regulations, after receiving a grant application from such person if-- (A) such application contains a certification (as required under subsection (a)(1)) that such person does not have a seriously delinquent tax debt; and (B) the head of the agency receives information from the Secretary of the Treasury (as authorized under subsection (a)(2)) demonstrating that the certification submitted by such person is false. (2) Waiver.--The head of an executive agency may waive paragraph (1) with respect to a person based upon a written finding of urgent and compelling circumstances significantly affecting the interests of the United States. If the head of an executive agency waives paragraph (1) for a person, the head of the agency shall submit to the appropriate congressional committees, within 30 days after the waiver is made, a report containing the rationale for the waiver and relevant information supporting the waiver decision. (e) Release of Information.--The Secretary of the Treasury shall make available to all executive agencies a standard form for the authorization described in subsection (a). (f) Revision of Regulations.--Not later than 270 days after the date of the enactment of this section, the Director of the Office of Management and Budget shall revise such regulations as necessary to incorporate the requirements of this section. SEC. 5. DEFINITIONS AND SPECIAL RULES. For purposes of this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Homeland Security and Governmental Affairs of the Senate; (B) the Committee on Oversight and Government Reform of the House of Representatives; and (C) the committees of the Senate and the House of Representatives with jurisdiction over the agency granting the waiver under section 4(c)(2). (2) Executive agency.--The term ``executive agency'' has the meaning given such term in section 133 of title 41, United States Code. (3) Person.-- (A) In general.--The term ``person'' includes-- (i) an individual; (ii) a partnership; and (iii) a corporation. (B) Exclusion.--The term ``person'' does not include an individual seeking assistance through a grant entitlement program. (C) Treatment of certain partnerships.--A partnership shall be treated as a person with a seriously delinquent tax debt if such partnership has a partner who-- (i) holds an ownership interest of 50 percent or more in that partnership; and (ii) has a seriously delinquent tax debt. (D) Treatment of certain corporations.--A corporation shall be treated as a person with a seriously delinquent tax debt if such corporation has an officer or a shareholder who-- (i) holds 50 percent or more, or a controlling interest that is less than 50 percent, of the outstanding shares of corporate stock in that corporation; and (ii) has a seriously delinquent tax debt. (4) Seriously delinquent tax debt.-- (A) In general.--The term ``seriously delinquent tax debt'' means an outstanding debt under the Internal Revenue Code of 1986 for which a notice of lien has been filed in public records pursuant to section 6323 of such Code. (B) Exceptions.--Such term does not include-- (i) a debt that is being paid in a timely manner pursuant to an agreement under section 6159 or section 7122 of such Code; and (ii) a debt with respect to which a collection due process hearing under section 6330 of such Code, or relief under subsection (a), (b), or (f) of section 6015 of such Code, is requested or pending. SEC. 6. EFFECTIVE DATE. This Act shall apply with respect to contracts and grants awarded on or after the date occurring 270 days after the date of the enactment of this Act. | Contracting and Tax Accountability Act of 2014 - Requires the head of any executive agency that issues an invitation for bids or a request for proposals for a contract, or that offers a grant, in an amount greater than the simplified acquisition threshold, to require each person submitting a bid or proposal or grant application to submit a form: (1) certifying whether the person has a seriously delinquent tax debt, and (2) authorizing the Secretary of the Treasury to disclose information limited to describing whether such person has such a debt. Subjects a person who submits a certification that he or she has a seriously delinquent tax debt, or whose certification that he or she does not have such a debt is demonstrated to be false, to a negative responsibility determination when applying for a federal contract or grant. Provides for: (1) the suspension from the federal procurement process of a person who certifies that he or she has such a debt, and (2) debarment of a person whose certification that he or she does not have such a debt is demonstrated to be false. Defines "seriously delinquent tax debt" as an outstanding tax debt for which a notice of lien has been filed in public records. Exempts from such definition: (1) tax debts that are being paid in a timely manner under an approved installment agreement, and (2) debts for which a collection due process hearing has been requested or is pending. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair and Clear Campaign Transparency Act''. SEC. 2. FINDINGS. Congress finds the following: (1) On May 9, 2013, President Barack Obama issued an Executive order that made open and machine-readable data the new default for Government information. (2) Open data principles are essential for transparency and efficiency in government. (3) In 2012, the Federal Communications Commission required television stations to place on the Internet website of the Commission certain materials in the files such stations are required to maintain and make available for public inspection, including important information about the purchasing of political advertisements. (4) The Commission declined to require such materials to be machine-readable, deciding at the time that it was more important to get the information online faster. (5) Machine readability is a critical component of open government and provides interested parties with the necessary access to evaluate data in a more comprehensive way. SEC. 3. MATERIAL IN ONLINE PUBLIC INSPECTION FILE REQUIRED TO BE IN MACHINE-READABLE FORMAT. (a) Regulations.--Not later than 180 days after the date of the enactment of this Act, the Commission shall promulgate regulations that require a covered entity, to the extent such entity is required to make material in the public inspection file of such entity available on, or upload such material to, an Internet website, to make such material available or upload such material in a format that is machine-readable. (b) Applicability.--The regulations promulgated under subsection (a) shall apply-- (1) to a covered entity for which an online public inspection file requirement is in effect on the date of the promulgation of such regulations-- (A) with respect to the political file portion of the public inspection file, beginning not later than the date that is 60 days after the date of such promulgation; and (B) with respect to the other portions of the public inspection file, at the same time as such regulations apply under subparagraph (A) with respect to the political file portion of the public inspection file or as soon thereafter as the Commission considers practicable; and (2) to a covered entity for which an online public inspection file requirement becomes effective after the date of the promulgation of such regulations-- (A) with respect to the political file portion of the public inspection file, beginning on the later of-- (i) the date of applicability of such regulations under paragraph (1)(A); or (ii) the date on which the online public inspection file requirement becomes effective for such entity; and (B) with respect to the other portions of the public inspection file, at the same time as such regulations apply under subparagraph (A) with respect to the political file portion of the public inspection file or as soon thereafter as the Commission considers practicable. (c) Definitions.--In this section: (1) Commission.--The term ``Commission'' means the Federal Communications Commission. (2) Covered entity.--The term ``covered entity'' means a television broadcast station, AM or FM radio broadcast station, cable operator, direct broadcast satellite service provider, or satellite digital audio radio service provider. (3) Machine-readable.--The term ``machine-readable'' means, with respect to the format of material in a public inspection file, that such format supports the automated searching for particular text within and among documents, the bulk downloading of data contained in such material, the aggregation, manipulation, sorting, and analysis of the data contained in such material, and such other functionality as the Commission considers appropriate. (4) Online public inspection file requirement.--The term ``online public inspection file requirement'' means a requirement for a covered entity to make material in the public inspection file of such entity available on, or upload such material to, an Internet website. (5) Political file.--The term ``political file'' means, with respect to a covered entity, the file that such entity is required to maintain and make available for public inspection under section 315(e) of the Communications Act of 1934 (47 U.S.C. 315(e)) or under any similar requirement applicable to such entity that is administered by the Commission. (6) Public inspection file.--The term ``public inspection file'', with respect to a covered entity-- (A) means the file or files that such entity is required to maintain and make available for public inspection under section 25.701, 73.3526, 73.3527, or 76.1700 of title 47, Code of Federal Regulations (or any successor regulation), as applicable to such entity, or under any similar requirement applicable to such entity that is administered by the Commission; and (B) includes any political file that such entity is required to maintain and make available for public inspection. | Fair and Clear Campaign Transparency Act This bill directs the Federal Communications Commission to require online public inspection files that must be uploaded to the Internet by television broadcast stations, AM or FM radio broadcast stations, cable operators, direct broadcast satellite service providers, or satellite digital audio radio service providers to be made available to the public in a machine-readable format that supports automated searching, bulk downloading, aggregation, manipulation, and sorting. Public inspection files include political files that contain records of requests to purchase broadcast time by or on behalf of candidates for public office or to communicate a message relating to a political matter of national importance. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Broadband Connections for Rural Opportunities Program Act of 2016'' or the ``B-CROP Act of 2016''. SEC. 2. ACCESS TO BROADBAND TELECOMMUNICATIONS SERVICES IN RURAL AREAS. Section 601 of the Rural Electrification Act of 1936 (7 U.S.C. 950bb) is amended-- (1) in subsection (a), by striking ``loans and'' and inserting ``grants, loans, and''; (2) in subsection (c)-- (A) in the subsection heading, by striking ``Loans and'' and inserting ``Grants, Loans, and''; (B) in paragraph (1), by inserting ``make grants and'' after ``Secretary shall''; and (C) by striking paragraph (2) and inserting the following: ``(2) Priority.-- ``(A) In general.--In making grants, loans, or loan guarantees under paragraph (1), the Secretary shall-- ``(i) establish 1 ongoing evaluation period for each fiscal year to compare grant, loan, and loan guarantee applications and to prioritize grants, loans, and loan guarantees to all or part of rural communities that do not have residential broadband service that meets the minimum acceptable level of broadband service established under subsection (e); ``(ii) give the highest priority to applicants that offer to provide broadband service to the greatest proportion of unserved rural households or rural households that do not have residential broadband service that meets the minimum acceptable level of broadband service established under subsection (e), as-- ``(I) certified by the affected community, city, county, or designee; or ``(II) demonstrated on-- ``(aa) the broadband map of the affected State if the map contains address-level data; or ``(bb) the National Broadband Map if address-level data is unavailable; and ``(iii) provide equal consideration to all qualified applicants, including those that have not previously received grants, loans, or loan guarantees under paragraph (1). ``(B) Other.--After giving priority to the applicants described in subparagraph (A), the Secretary shall then give priority to projects that serve rural communities-- ``(i) with a population of less than 10,000 permanent residents; ``(ii) experiencing out-migration; ``(iii) with a high percentage of low- income residents; and ``(iv) that are isolated from other significant population centers. ``(3) Grant amounts.-- ``(A) Eligibility.--To be eligible for a grant under this section, the project that is the subject of the grant shall be carried out in a rural area. ``(B) Maximum.--Except as provided in subparagraph (D), the amount of any grant made under this section shall not exceed 50 percent of the development costs of the project for which the grant is provided. ``(C) Grant rate.--The Secretary shall establish the grant rate for each project in accordance with regulations issued by the Secretary that shall provide for a graduated scale of grant rates that establish higher rates for projects in communities that have-- ``(i) remote locations; ``(ii) low community populations; ``(iii) low income levels; ``(iv) developed the applications of the communities with the participation of, and will receive a portion of the funding for the project from, combinations of stakeholders, including-- ``(I) State, local, and tribal governments; ``(II) nonprofit institutions; ``(III) community anchor institutions, such as-- ``(aa) public libraries; ``(bb) elementary schools and secondary schools (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)); ``(cc) institutions of higher education; and ``(dd) health care facilities; ``(IV) private entities; and ``(V) philanthropic organizations; and ``(v) targeted funding to provide the minimum acceptable level of broadband service established under subsection (e) in all or part of an unserved community that is below that minimum acceptable level of broadband service. ``(D) Secretarial authority to adjust.--The Secretary may make grants of up to 75 percent of the development costs of the project for which the grant is provided to an eligible entity if the Secretary determines that the project serves a remote or low income area that does not have access to broadband service from any provider of broadband service (including the applicant).''; (3) in subsection (d)-- (A) in paragraph (1)(A)-- (i) in the matter preceding clause (i), by striking ``loan or'' and inserting ``grant, loan, or''; (ii) in clause (ii), by striking ``a loan application'' and inserting ``an application''; and (iii) in clause (iii)-- (I) by striking ``the loan application'' and inserting ``the application''; and (II) by striking ``proceeds from the loan made or guaranteed under this section are'' and inserting ``assistance under this section is''; (B) in paragraph (2)-- (i) in subparagraph (A)-- (I) in the matter preceding clause (i)-- (aa) by striking ``the proceeds of a loan made or guaranteed'' and inserting ``assistance''; and (bb) by striking ``for the loan or loan guarantee'' and inserting ``of the eligible entity''; and (II) in clause (ii), by striking ``3'' and inserting ``2''; and (ii) in subparagraph (C), by striking clause (ii) and inserting the following: ``(ii) Exceptions.--Clause (i) shall not apply if the applicant is eligible for funding under another title of this Act.''; (C) in paragraph (3), in subparagraph (A), by striking ``loan or'' and inserting ``grant, loan, or''; (D) in paragraph (4), by striking ``loan or'' and inserting ``grant, loan, or''; (E) in paragraph (5)(A), in the matter preceding clause (i), by striking ``loan or'' and inserting ``grant, loan, or''; (F) in paragraph (6), by striking ``loan or'' and inserting ``grant, loan, or''; (G) in paragraph (7), by striking ``a loan application'' and inserting ``an application''; and (H) by adding at the end the following: ``(11) Technical assistance and training.-- ``(A) In general.--The Secretary shall provide to eligible entities described in paragraph (1) technical assistance and training-- ``(i) to prepare reports and surveys necessary to request grants, loans, and loan guarantees under this section for broadband deployment; ``(ii) to improve management, including financial management, relating to the proposed broadband deployment; ``(iii) to prepare applications for grants, loans, and loan guarantees under this section; or ``(iv) to assist with other areas of need identified by the Secretary. ``(B) Funding.--Not less than 3 percent and not more than 5 percent of amounts appropriated to carry out this section for a fiscal year shall be used for technical assistance and training under this paragraph.''; (4) in subsection (f), by striking ``make a loan or loan guarantee'' and inserting ``provide assistance''; (5) in subsection (j)-- (A) in the matter preceding paragraph (1), by striking ``loan and loan guarantee''; (B) in paragraph (1), by inserting ``grants and'' after ``number of''; (C) in paragraph (2)-- (i) in subparagraph (A), by striking ``loan''; and (ii) in subparagraph (B), by striking ``loans and'' and inserting ``grants, loans, and''; and (D) in paragraph (3), by striking ``loan''; (6) by redesignating subsections (k) and (l) as subsections (l) and (m), respectively; (7) by inserting after subsection (j) the following: ``(k) Broadband Buildout Data.-- ``(1) In general.--As a condition of receiving a grant, loan, or loan guarantee under this section, a recipient of assistance shall provide to the Secretary address-level broadband buildout data that indicates the location of new broadband service that is being provided or upgraded within the service territory supported by the grant, loan, or loan guarantee-- ``(A) for purposes of inclusion in the semiannual updates to the National Broadband Map that is managed by the Federal Communications Commission (referred to in this subsection as the `Commission'); and ``(B) not later than 30 days after the earlier of-- ``(i) the date of completion of any project milestone established by the Secretary; or ``(ii) the date of completion of the project. ``(2) Address-level data.--Effective beginning on the date the Commission receives data described in paragraph (1), the Commission shall use only address-level broadband buildout data for the National Broadband Map. ``(3) Corrections.-- ``(A) In general.--The Secretary shall submit to the Commission any correction to the National Broadband Map that is based on the actual level of broadband coverage within the rural area, including any requests for a correction from an elected or economic development official. ``(B) Incorporation.--Not later than 30 days after the date on which the Commission receives a correction submitted under subparagraph (A), the Commission shall incorporate the correction into the National Broadband Map. ``(C) Use.--If the Secretary has submitted a correction to the Commission under subparagraph (A), but the National Broadband Map has not been updated to reflect the correction by the date on which the Secretary is making a grant or loan award decision under this section, the Secretary may use the correction submitted under that subparagraph for purposes of make the grant or loan award decision.''; (8) in subsection (l) (as redesignated by paragraph (6))-- (A) in paragraph (1), by striking ``$25,000,000'' and inserting ``$50,000,000''; and (B) in paragraph (2)(A)-- (i) in clause (i), by striking ``and'' at the end; (ii) in clause (ii), by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(iii) set aside at least 1 percent to be used for-- ``(I) conducting oversight under this section; and ``(II) implementing accountability measures and related activities authorized under this section.''; and (9) in subsection (m) (as redesignated by paragraph (6)), by striking ``loan or'' and inserting ``grant, loan, or''. | Broadband Connections for Rural Opportunities Program Act of 2016 or the B-CROP Act of 2016 This bill amends the Rural Electrification Act of 1936 to include grants in the Department of Agriculture (USDA) program that provides loans and loan guarantees for broadband telecommunications services in rural areas. In making grants, loans, or loan guarantees under the program, USDA must give the highest priority to applicants that offer to provide broadband service to the greatest proportion of unserved rural households or rural households that do not have the minimum acceptable level of residential broadband service. USDA must then give priority to projects to serve rural communities that: have a population of less than 10,000 permanent residents, are experiencing out-migration, have a high percentage of low-income residents, and are isolated from other significant population centers. A grant may not exceed 50% of the development cost of the project. USDA may increase the limit to 75% for projects that serve a remote or low-income area that does not have access to broadband service from any provider. USDA must: (1) provide technical assistance and training to entities that are eligible for the loans, loan guarantees, or grants; and (2) use a specified portion of the appropriations provided for the program for this purpose. The bill sets forth reporting requirements for recipients of the grants, loans, or loan guarantees. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Pension Promotion Act of 2011''. SEC. 2. ALTERNATIVE VALUATION DATE FOR REQUIRED MINIMUM DISTRIBUTIONS. If the Secretary of the Treasury determines there has been a significant and broadly applicable decrease in the value of investment assets held by defined contribution plans and individual retirement accounts for any calendar year, the Secretary may-- (1) allow taxpayers to use a later valuation date than would otherwise be required under Treasury Regulations to determine the required minimum distribution for such year from individual accounts under section 401(a)(9), 403(b)(10), 408(a)(6), 408(b)(3), or 457(d)(2) of the Internal Revenue Code of 1986, (2) allow additional time for making any such distributions, and (3) provide such other relief as may be appropriate in light of such a decrease in investment asset values. SEC. 3. DEDUCTION FOR PENSION AND IRA CONTRIBUTIONS ALLOWED IN COMPUTING NET EARNINGS FROM SELF-EMPLOYMENT. (a) In General.--Subsection (a) of section 1402 of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of paragraph (16), by striking the period at the end of paragraph (17) and inserting ``, and'', and by inserting after paragraph (17) the following new paragraph: ``(18) any deduction allowed under section 404 by reason of section 404(a)(8)(C) (other than any deduction allowed for elective deferrals (as defined in section 402(g)(3)) shall be allowed, except that the amount of such deduction shall be determined without regard to this paragraph.''. (b) Conforming Amendment.--Clause (v) of section 401(c)(2)(A) of such Code is amended by inserting ``for elective deferrals (as defined in section 402(g)(3))'' after ``to the taxpayer''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2011. SEC. 4. ADJUSTED FUNDING TARGET ATTAINMENT PERCENTAGE DETERMINED WITHOUT REGARD TO REDUCTION FOR CREDIT BALANCES FOR FUNDING-BASED LIMITS UNDER SINGLE EMPLOYER PLANS. (a) Amendment of 1986 Code.--Paragraph (2) of section 436(j) of the Internal Revenue Code of 1986 is amended-- (1) by striking the period at the end and inserting ``, and'', (2) by striking ``under paragraph (1) by increasing'' and inserting the following: ``under paragraph (1)-- ``(A) by increasing'', and (3) by adding at the end the following new subparagraph: ``(B) without regard to the reduction under section 430(f)(4)(B).''. (b) Amendment of ERISA.--Section 206(g)(9)(B) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1056(g)(9)(B)) is amended-- (1) by striking the period at the end and inserting ``, and'', (2) by striking ``under subparagraph (A) by increasing'' and inserting the following: ``under subparagraph (A)-- ``(i) by increasing'', and (3) by adding at the end the following new clause: ``(ii) without regard to the reduction under section 303(f)(4)(B).''. (c) Effective Date.--The amendments made by this section shall apply to plan years beginning after December 31, 2011. SEC. 5. REPEAL OF TAX ON NONDEDUCTIBLE CONTRIBUTIONS TO QUALIFIED EMPLOYER PLANS. Effective for taxable years beginning after December 31, 2011, section 4972 is repealed. SEC. 6. INTERIM AMENDMENTS TO QUALIFIED PLANS. The Secretary of the Treasury shall, not later than 2 years after the date of the enactment of this Act, revise the administrative rules governing interim amendments of qualified plans to provide greater flexibility and reduce plan sponsor burden, while taking into account the need for plan terms to reflect the benefits to which participants are entitled. SEC. 7. GRANDFATHERING OF PLANS WITH NORMAL RETIREMENT AGE BASED ON EARLIER OF ATTAINMENT OF SPECIFIC AGE OR COMPLETION OF 30 OR MORE YEARS OF BENEFIT ACCRUAL SERVICE. (a) Amendment of 1986 Code.-- (1) In general.--Section 411 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(f) Special Rule for Determining Normal Retirement Age for Certain Existing Defined Benefit Plans.-- ``(1) In general.--An applicable trust shall not fail to be treated as a qualified trust under section 401(a) of the Internal Revenue Code of 1986, and shall not be treated as failing to have a uniform normal retirement age for purposes of this subchapter, solely because the plan of which it is a part has a normal retirement age described in paragraph (2)(A). ``(2) Applicable trust.--For purposes of this subsection-- ``(A) In general.--The term `applicable trust' means a trust forming a part of a plan that on December 5, 2011, has a normal retirement age which is the earlier of-- ``(i) the attainment of an age which is not earlier than age 60 but not later than 65, or ``(ii) the completion of 30 or more years of benefit accrual service. ``(B) Limited application of specified normal retirement age permitted.--A trust shall not fail to be treated as an applicable trust solely because, as of such date, a normal retirement age described in subparagraph (A) only applies to certain participants or certain employers participating in the plan of which such trust is a part. ``(C) Expanded application permitted.--If, after such date, the plan of which an applicable trust is a part expands the application of a normal retirement age described in subparagraph (A) to additional participants or employers, such trust shall be treated as an applicable trust with respect to any such participants and employers.''. (2) Service-based retirements in governmental plans.-- (A) In general.--Subsection (e) of section 411 of such Code is amended by adding at the end the following new paragraph: ``(3) A plan described in paragraph (1)(A) shall not be treated as failing to meet any requirement of this subchapter or any regulation issued under this subchapter, or as failing to have a permissible normal retirement age for the purposes of this subchapter or any regulation issued under this subchapter, solely because-- ``(A) the plan expresses its normal retirement age (whether stated in, or implied through, the terms of the plan) based on years of service or a combination of years of service and the chronological age of the plan participant, or ``(B) the plan expresses a normal retirement benefit as a benefit payable without actuarial reduction for age upon attainment of an age, years of service, or a combination of age and years of service.''. (B) Rules.--Not later than 180 after the date of the enactment of this Act, the Secretary of the Treasury shall modify the rules for determining normal retirement age under sections 401(a) and 411 of the Internal Revenue Code of 1986, including Treasury Regulation Sec. 1.401(a)-1, to be consistent with the amendment made by this paragraph. (b) Amendments of ERISA.--Section 204 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1054) is amended by redesignating subsection (k) as subsection (l) and by inserting after subsection (j) the following new subsection: ``(k) Special Rule for Determining Normal Retirement Age for Certain Existing Defined Benefit Plans.-- ``(1) In general.--An applicable trust shall not fail to meet any of the requirements of this title, and shall not be treated as failing to have a uniform normal retirement age for purposes of this title, solely because the plan of which it is a part has a normal retirement age described in paragraph (2)(A). ``(2) Applicable trust.--For purposes of this subsection-- ``(A) In general.--The term `applicable trust' means a trust forming a part of a plan that on December 5, 2011, has a normal retirement age which is the earlier of-- ``(i) the attainment of an age which is not earlier than age 60 but not later than 65, or ``(ii) the completion of 30 or more years of benefit accrual service. ``(B) Limited application of specified normal retirement age permitted.--A trust shall not fail to be treated as an applicable trust solely because, as of such date, the normal retirement age described in subparagraph (A) only applies to certain participants or certain employers participating in the plan of which such trust is a part. ``(C) Expanded application permitted.--If, after such date, the plan of which an applicable trust is a part expands the application of the normal retirement age described in subparagraph (A) to additional participants or employers, such trust shall be treated as an applicable trust with respect to any such participants and employers.''. (c) Effective Date.--The amendments made by this section shall apply to years beginning before, on, or after the date of the enactment of this Act. | Small Business Pension Promotion Act of 2011 - Authorizes the Secretary of the Treasury to take steps to address any significant and broadly applicable decrease in the value of investments held by defined contribution plans and individual retirement accounts (IRAs), including by allowing: (1) taxpayers to use a later asset valuation date than otherwise required, and (2) additional time for making distributions from such plans and accounts. Amends the Internal Revenue Code to: (1) allow a deduction in computing the net earnings from self-employment income for pension and IRA contributions, (2) allow a determination of the adjusted funding target attainment percentage for tax-exempt retirement plans without regard to the reduction for credit balances for funding-based limits on benefits under single employer plans, (3) repeal the excise tax on nondeductible contributions to qualified employer plans, and (4) provide a special rule for determining normal retirement age for certain existing defined benefit plans. Makes conforming amendments to the Employee Retirement Income Security Act (ERISA). Requires the Secretary to revise administrative rules governing interim amendments of qualified pension plans to provide greater flexibility and reduce plan sponsor burden. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Investment in Quality School Leadership Act''. SEC. 2. PURPOSE. The purposes of this Act are-- (1) to provide ongoing, intensive professional development to superintendents, principals, and prospective superintendents and principals, particularly those serving, or intending to serve, in high-poverty, low-performing school districts and schools; (2) to improve the capacity of current and prospective superintendents and principals to serve as effective leaders and successfully implement standards-based reforms; (3) to encourage the recruitment and retention of quality school leaders at the district and school-level by enabling them to further develop their skills and knowledge; and (4) to recognize and support the importance of principals and superintendents in facilitating student learning and improving academic achievement. SEC. 3. GRANTS. (a) In General.-- (1) Grant awards.--From the amounts appropriated to carry out this section and not reserved under subsection (g) for any fiscal year, the Secretary shall award grants to eligible consortia to establish professional development programs described in paragraph (2). (2) Professional development.--A program referred to in paragraph (1) shall serve a State or region and provide superintendents, principals, and prospective superintendents and principals, particularly those serving, or intending to serve, in high-poverty, low-performing school districts and schools, with ongoing, intensive professional development opportunities to improve their capacity to serve as effective leaders and successfully implement standards-based reforms. (b) Award Basis.--The Secretary shall award grants on a competitive basis to eligible applicants to carry out this section. (c) Eligibility.-- (1) Required participants.--In order to receive a grant under this section, a consortium shall include not less than-- (A) one local educational agency serving a high concentration of children living in poverty; (B) one institution of higher education; and (C) one organization that does not usually provide educational services, but has the necessary expertise to provide professional development to school administrators. (2) Other participants.--An eligible consortium may also include-- (A) one or more additional local educational agencies; (B) State educational agencies; (C) for-profit organizations with the expertise to provide professional development to school administrators; and (D) public or private nonprofit organizations with the expertise to provide professional development to school administrators. (d) Application.-- (1) In general.--In order to receive an award under this section, an eligible applicant shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (2) Contents.--Each such application shall include-- (A) information demonstrating that the applicant shall meet the matching requirement of subsection (f); and (B) a description of the involvement of superintendents and principals in developing the application. (e) Use of Funds.-- (1) Required uses.-- (A) In general.--A consortium that receives a grant under this section shall use the grant funds to establish or expand a leadership development program described in subparagraph (B). (B) Activities.--The program referred to in subparagraph (A) shall provide superintendents, principals, and prospective superintendents and principals, particularly individuals serving, or intending to serve, in high-poverty, low-performing schools and school districts, with ongoing, intensive professional development opportunities through activities that increase the knowledge and skills of participants in such areas as-- (i) effective instructional practices; (ii) the content of the State's standards and supporting implementation of the standards in the classroom; (iii) comprehensive whole-school reform approaches and programs; (iv) the effective use of educational technology to improve teaching and learning; (v) the recruitment, assignment, retention, and evaluation of school staff; (vi) the enhancement and development of management and organizational skills; (vii) leadership skills; (viii) the effective use of data for decisionmaking; and (ix) the implementation of school-based leadership teams. (2) Additional uses.--A consortium that receives a grant under this section may also use the grant funds to support-- (A) the recruitment and preparation of prospective principals and superintendents, including candidates with leadership and managerial experience in fields other than education; and (B) alternative pathways to administrative positions. (f) Matching Requirement.-- (1) In general.-- (A) In general.--Each recipient of a grant under this Act shall provide not less than 50 percent of the annual cost of the project assisted by the grant from sources other than this Act. (B) Contributions.--A grantee's share of such costs may be provided in cash or in kind, fairly evaluated. (2) Waiver.--The Secretary may waive the matching requirement of paragraph (1) with respect to applicants that the Secretary determines serve low-income areas. (g) Reservation.--The Secretary may reserve not more than 4 percent of the amount appropriated under subsection (i) for each fiscal year for technical assistance, evaluation, dissemination of information on effective programs for preparing and training district and school-level administrators, carrying out activities to encourage the spread and adoption of successful leadership development centers, and other national activities that support the programs under this section. (h) Report.-- (1) Existing programs.-- (A) Study.--The Secretary shall, in consultation with representatives of local educational agencies, State educational agencies, institutions of higher education, superintendents, principals, education organizations, community groups, business, and labor, conduct a study to evaluate and report to Congress regarding existing professional development programs that recruit, prepare, and train district and school- level administrators to serve as effective leaders and successfully implement standards-based reforms in diverse educational environments across the Nation. (B) Report to congress.--The Secretary shall submit a report to Congress not later than one year after the date of enactment of this Act regarding the findings of the study conducted under subparagraph (A). (2) Program report.--The Secretary shall submit to Congress a report not later March 1, 2006 regarding the effectiveness of professional development programs, established pursuant to this section, to recruit and retain principals and superintendents. (i) Authorization of Appropriations.--There are authorized to be appropriated $100,000,000 for each of fiscal years 2001 through 2005 to carry out this section. | Directs the Secretary of Education to award such competitive grants to consortia to establish programs that serve a State or region and provide superintendents, principals, and prospective superintendents and principals, particularly those serving, or intending to serve, in high-poverty, low-performing school districts and schools, with ongoing, intensive professional development opportunities to improve their capacity to serve as effective leaders and successfully implement standards-based reforms. Requires a consortium, to be eligible to apply for such a grant, to include at least: (1) one local educational agency (LEA) serving a high concentration of children living in poverty; (2) one institution of higher education; and (3) one organization that does not usually provide educational services, but has the necessary expertise to provide professional development to school administrators (expertise). Allows such consortia also to include: (1) one or more additional LEAs; (2) State educational agencies; (3) for-profit organizations with expertise; and (4) public or private nonprofit organizations with expertise. Sets forth required program activities and additional uses of grant funds. Requires grantees to provide 50 percent of the project's annual costs, in cash or in kind. Authorizes the Secretary to: (1) waive such matching requirement for applicants that serve low-income areas; and (2) reserve certain funds for technical assistance, evaluation, dissemination of information on effective programs, activities to encourage the spread and adoption of successful leadership development centers, and other national activities that support the programs. Authorizes appropriations. |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.