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Section 1. This Act may be cited as the ``Section 515 Rural Housing Reform''. Sec. 101. Title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.) is amended: (a) Section 502(c)(1) is amended by adding a new paragraph (C) to read as follows: ``(C) Effective May 26, 1994, the Secretary may not accept an offer to prepay, or request refinancing in accordance with subsection (b)(3) of, any loan made or insured under section 515 pursuant to a contract entered into before the enactment of the Department of Housing and Urban Development Reform Act of 1989 for a period of not less than two years from the date of enactment of the Housing and Community Development Act of 1994. ``(D) The Secretary shall conduct either directly or through a contract an independent assessment of rural housing preservation provisions. Such assessment, along with recommendations of changes in law and regulation shall be submitted to relevant committees of the Congress by May 31, 1996.''. (b) Section 502(c)(4)(C) is amended by revising it to read as follows: ``(C) Approval of assistance.--The Secretary may approve assistance under subparagraph (B) only if the restrictive period has expired for any loan made or insured under section 514 or 515 of this title pursuant to a contract entered into after December 21, 1979, but before the date of enactment of the Department of Housing and Urban Development Reform Act of 1989 and the Secretary determines that the combination of assistance provided.''. Sec. 201. Title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.) is amended: (a) Section 515(a)(2) is amended to change ``fifty'' to read ``thirty''. (b) Section 515(b)(2) is amended to read ``provide for amortization as if the term of the loan was for a period of not to exceed fifty years and may allow for a balloon payment at the end of the term of the loan. Such loan may be, in the discretion of the Secretary, rescheduled for a period not to exceed fifty years from the date of the original loan. The amount of the unpaid principal and interest of the prior loan rescheduled shall not create a new charge against any loan levels authorized by law.'' Sec. 301. Title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.) is amended: Section 515(t) is amended by deleting paragraphs (4) and (5) and renumbering paragraphs (6), (7), and (8) as paragraphs (4), (5), and (6) respectively. Sec. 401. Title V of the Housing Act of 1949 (U.S.C. 1471 et seq.) is amended: Section 510(d)(1) is amended to read ``prosecution and defense of any litigation under sections 515 shall be conducted, at the discretion of the Secretary, by''. Sec. 501. Section 6103(1)(7) of the Internal Revenue Code of 1986 is amended by adding a new subparagraph (x) to read ``(x) any housing assistance program administered by the Department of Agriculture that involves initial and periodic review of an applicant's or participant's income and only for use by officers and employees of the Department of Agriculture with respect to the applicants and participants in such programs.''. Sec. 601. Section 536 of the Housing Act (42 U.S.C. 1471 et seq.) is amended by redesignating paragraphs (d), (e), (f), (g), (h), and (i) as paragraphs (e), (f), (g), (h), (i), and (j) respectively, adding a new paragraph (d), and amending the last sentence of redesignated paragraph (g) to read as follows: ``(d) Subsidy Layering.--The Secretary is authorized to establish a process for evaluating assistance provided under this title to ensure that excess assistance is not provided. In conducting such an evaluation, the Secretary shall utilize information received under paragraphs (b) and (c) of this section. To the extent practicable, the Secretary is authorized to make use of procedures, policies and regulations currently in use by the Department of Housing and Urban Development and may, to the extent practicable, develop memoranda of understanding with State housing agencies to implement the provisions of this section. ``(g) Limitation of Assistance.--* * *Notwithstanding the provisions of section 515(r), the Secretary may decrease the amount of assistance provided under this title if he/she determines that other assistance reported under paragraphs (b) and (c) will provide excess assistance and/or profits to the recipient.''. Sec. 701. Section 509(f) of the Housing Act of 1949 (U.S.C. 1471 et seq.), is amended to read as follows: ``(f) Underserved Housing.-- ``(1) Designation of underserved area.--The Secretary shall designate as targeted underserved areas 100 counties and communities in each fiscal year that have severe, unmet housing needs as determined by the Secretary. A county or community shall be eligible for designation if, during the 5-year period preceding the year in which the designation is made, it has received an average amount of assistance that is substantially lower than the average annual amount of assistance received during that 5-year period by other counties and communities in the State that are eligible for such assistance calculated on a per capita basis, and has-- ``(A) 15 percent or more of its population at or below the poverty level; and ``(B) 5 percent of its population residing in substandard housing. As used in this paragraph, the term `poverty level' has the meaning given the term in section 102(a)(9) of the Housing and Community Development Act of 1974. ``(2) Preferences.--In selecting projects to receive assistance with amounts set aside under paragraph (6), the Secretary shall give preference to any project located in a county or community that has, at the time of designation and as determined by the Secretary-- ``(A) 20 percent or more of its population at or below poverty level; and ``(B) 7 percent or more of its population residing in substandard housing. In designating underserved areas under paragraph (1), in each fiscal year the Secretary shall designate not less than 5 counties or communities that contain tribal allotted or Indian trust land. In designating underserved areas under paragraph (1), the Secretary shall not designate more than 10 counties or communities in one State or Puerto Rico during each designation cycle. If in selecting the 100 underserved areas there are more than 10 counties or communities in one State or Puerto Rico which meet the requirements of this paragraph, the Secretary will select the 10 most underserved counties or communities utilizing the highest combined percentages of populations below the poverty level and households residing in substandard housing. The remaining counties will be eligible for unused funds as described in paragraph (6)(A). ``(3) Other underserved areas.--In addition to the 100 targeted counties and communities, the Secretary may also designate other underserved areas that have a severe, unmet housing need based upon objective requirements. Such objective requirements may include counties and communities experiencing trauma due to natural disasters or structural change; communities that have remained consistently poor; colonias as defined in paragraph (10) and communities that have experienced long-term populations decline and job deterioration. ``(4) Underserved applicants.--The Secretary may also set- aside funds under paragraph (6) for applicants who have been underserved. A class of applicants shall be eligible for designation if, during the 5-year period preceding the year in which the designation is made, the class received an average annual amount of assistance under this title that is substantially lower than the class proportionate percentage of the rural population. Such underserved applicants may include socially disadvantaged persons such as women, blacks, Hispanics, Asian and Pacific Islanders, and Native Americans. ``(5) Outreach program and review.-- ``(A) Outreach.--The Secretary shall publicize the availability to targeted underserved areas and applicants of grants and loans under this title and promote, to the maximum extent feasible, efforts to apply for those grants and loans. ``(B) Review.--Upon receipt of data from the 1990 decennial census, the Secretary shall conduct a review of any designations made under paragraph (1) and preferences given under paragraph (2) and the eligibility of communities and counties for such designation and preference, examining the effects of such data on such eligibility. The Secretary shall submit to Congress, not later than 9 months after the availability of the data, a report regarding the review, which shall include any recommendations of the Secretary for modifications in the standards for designation and preference. The Secretary shall also submit a report to Congress at any time between decennial census when recommendations for modification will promote targeting of assistance for underserved housing. ``(6) Set-aside for targeted underserved housing and colonias.-- ``(A) In general.--The Secretary shall set aside and reserve for assistance an amount not less than 5 percent but not greater than 10 percent in each fiscal year of the aggregate amount of lending authority under sections 502, 504, and 515. During each fiscal year, the Secretary shall set aside an amount of section 521 rental assistance that is appropriate to provide assistance with respect to the appropriate lending authority set aside each year. The Secretary shall also set aside a reasonable amount of assistance in other programs under this title if he/she deems necessary to provide for underserved housing. The Secretary shall establish a procedure to reallocate any assistance set aside in any fiscal year for targeted underserved areas that has not been expended during a reasonable period in such year for use in (i) colonias that have applied for and are eligible for assistance under subparagraph (B) or paragraph (9) and did not receive assistance, and (ii) counties and communities eligible for designation as targeted underserved areas but which were not designated. The procedure shall also provide that any assistance reallocated under the preceding sentence that has not been expended by a reasonable date established by the Secretary (which shall be after the expiration of the period referred to in the preceding sentence) shall be made available and allocated under the laws and regulations relating to such assistance, notwithstanding this subsection. ``(B) Length of designation.--In designating underserved areas under paragraph (1), each such area shall remain designated for a period of two years; except for counties which contain tribal allotted or Indian trust land which shall remain designated for three years. ``(C) Priority for colonias.-- ``(i) Notwithstanding the designation of counties and communities as targeted underserved areas under paragraph (1) and the provisions of section 520, colonias shall be eligible for assistance with amounts reserved under subparagraph (A), as provided in this subparagraph. ``(ii) In providing assistance from amounts reserved under this paragraph in each fiscal year, the Secretary shall give priority to any application for assistance to be used in, or in close proximity to, and serving the residents of, a colonia located in a State described under clause (iii). After the Secretary has provided assistance under the priority for colonias located in a State in amount equal to 10 percent of the total amount of assistance allocated under this title to such State in the fiscal year or an average size loan, whichever is greater, the priority shall not apply to any applications for colonias in such State. ``(iii) This paragraph shall apply to any State for the total amount of assistance allocated to it under this title during each of such 2 fiscal years. ``(7) List of underserved areas.--The Secretary shall publish annually the current list of targeted underserved areas in the Federal Register. ``(8) Project preparation assistance.-- ``(A) In general.--The Secretary shall make grants to eligible applicants under subparagraph (D) to promote the development of affordable housing in targeted underserved areas and colonias. ``(B) Use.--A grant under this subparagraph shall not exceed an amount that the Secretary determines equal to the customary and reasonable costs incurred in preparing an application for a loan or a grant under section 502, 504, 514, 515, or 524 or a grant under section 516 or 533 (including preapplication planning, site analysis, market analysis and other necessary technical assistance). The Secretary shall adjust the loan or grant amount under such sections to take account of project preparation costs that have been paid from grant proceeds under this paragraph and that normally would be reimbursed with proceeds of the loan or grant. ``(C) Approval.--The Secretary shall approve a properly submitted application or issue a written statement indicating the reasons for disapproval not later than 60 days after receipt of the application. ``(D) Eligibility.--For purpose of this paragraph, an eligible applicant may be a nonprofit organization or corporation, a community housing development organization, State, unit if general local government, or agency of a State or unit of general local government. ``(E) Availability of funding.--Any amounts appropriate to carry out this paragraph shall remain available until expended. ``(9) Priority for colonias.-- ``(A) In general.--In providing assistance under this title in any fiscal year described under paragraph (B), each State in which colonias are located shall give priority to any applications for assistance to be used in a colonia. The priority under this subparagraph shall not apply in such State after 5 percent of the assistance available in such fiscal year has been allocated for colonias qualifying for the priority. ``(B) Covered years.--This paragraph shall apply to any fiscal year following 2 fiscal years in which the State did not obligate the total amount of assistance allocated it under this title during each of such 2 fiscal years. ``(10) Definition of colonia.--For purposes of this subsection, the term `colonia' means any identifiable community that-- ``(A) is in the State of Arizona, California, New Mexico or Texas; ``(B) is in the area of the United States within 150 miles of the border between United States and Mexico, except that the term does not include any standard metropolitan statistical areas that has a population exceeding 1,000,000; ``(C) is determined to be a colonia on the basis of objective criteria, including lack of potable water supply, lack of adequate sewage systems, and lack of decent, safe, and sanitary housing; and ``(D) was in existence as a colonia before the date of enactment of the Cranston-Gonzalez National Affordable Housing Act.''. Sec. 801. Section 515(s) of the Housing Act of 1949 (U.S.C. 1471 et seq.), is amended to read as follows: ``(s) No fee other than a late fee or reasonable application fee not to exceed one-half of one percent of the proposed mortgage amount, may be imposed by or for the Secretary or any other Federal agency on or with respect to a loan made or insured under this section. Such application fee will be used, in part, to defray the cost of professional market studies obtained by the Secretary to determine market feasibility. Such application fee may be waived for non-profit applicants which are not receiving any tax credit benefits under section 42 of the Internal Revenue Code.''. | Section 515 Rural Housing Reform - Amends the Housing Act of 1949 to revise the elderly, handicapped, or low-income rural housing loan program. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Jobs Preservation Act of 1993''. SEC. 2. NOTIFICATION OF CERTAIN PLANT CLOSINGS TO THE SECRETARY OF THE TREASURY; ADDITIONAL INFORMATION REQUIRED ON CERTAIN NOTICES. (a) General Rule.--Subsection (a) of section 3 of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2102) is amended-- (1) by striking ``and'' at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting ``; and'', and by inserting after paragraph (2) the following new paragraph: ``(3) to the Secretary of the Treasury if the employer or any person related to the employer (within the meaning of section 936(h)(3)(D) of the Internal Revenue Code of 1986) holds (directly or indirectly) any stock in a corporation eligible for the credit provided by section 936 of such Code.'', and (2) by adding at the end thereof the following new sentence: ``If any notice is required under paragraph (3), each notice required under paragraph (1) or (2) shall include a statement that the employer directly or indirectly holds stock in a corporation eligible for the credit provided by section 936 of the Internal Revenue Code of 1986.''. (b) Clerical Amendment.--The subsection heading for subsection (a) of such section 3 is amended by striking ``Local Governments'' and inserting ``Certain Governmental Units''. (c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. SEC. 3. LIMITATION ON PUERTO RICO AND POSSESSION TAX CREDIT. (a) General Rule.--Section 936 of the Internal Revenue Code of 1986 (relating to Puerto Rico and possession tax credit) is amended by adding at the end thereof the following new subsection: ``(i) Denial of Credit for Income Attributable to Runaway Plants.-- ``(1) In general.-- ``(A) Income attributable to shareholders.--The runaway plant income of a corporation electing the application of this section for any taxable year (hereinafter in this subsection referred to as the `electing corporation') shall be included on a pro rata basis in the gross income of all shareholders of such electing corporation at the close of the taxable year of such electing corporation as income from sources within the United States for the taxable year of such shareholder in which or with which the taxable year of such electing corporation ends. ``(B) Exclusion from the income of an electing corporation.--The taxable income of an electing corporation shall be reduced by the amount which is included in the gross income of a shareholder of such corporation by reason of subparagraph (A). ``(2) Foreign shareholders; shareholders not subject to tax.-- ``(A) In general.--Paragraph (1)(A) shall not apply with respect to any shareholder-- ``(i) who is not a United States person, or ``(ii) who is not subject to tax under this title on runaway plant income which would be allocated to such shareholder (but for this subparagraph). ``(B) Treatment of nonallocated runaway plant income.--For purposes of this subtitle, runaway plant income of an electing corporation which is not included in the gross income of a shareholder of such corporation by reason of subparagraph (A) shall be treated as taxable income from sources within the United States. ``(3) Exclusion of income for qualification tests.--Any gross income taken into account in determining the amount of the runaway plant income of any electing corporation shall not be taken into account for purposes of subsection (a)(2). ``(4) Runaway plant income.--For purposes of this subsection, the term `runaway plant income' means the portion of the taxable income of the electing corporation which is attributable to a disqualified facility. ``(5) Disqualified facility.--For purposes of this subsection-- ``(A) In general.--The term `disqualified facility' means any facility at which operations are commenced with respect to the electing corporation after ____________________ unless-- ``(i) the Secretary determines that operations at such facility-- ``(I) will not result in a substantial adverse effect on the level of employment at any facility in the United States operated by the electing corporation or a person related to the electing corporation, and ``(II) will not result in such an effect with respect to any other facility in the United States on account of changes in a supplier relationship to the electing corporation or a person related to the electing corporation, and ``(ii) the electing corporation files a request with the Secretary for a determination under clause (i) on or before the earlier of-- ``(I) the day 90 days after the date on which an application is submitted to the possession for tax incentives for such facility, or ``(II) the day 1 year before the date on which operations at such facility commence. The Secretary may treat a request not filed before the time required under clause (ii) as timely filed if the Secretary determines that there was reasonable cause for not filing the request before the time required. ``(B) Certain revocations required.-- ``(i) In general.--The Secretary shall revoke a determination under subparagraph (A)(i) at any time before the close of the 3- year period beginning on the date on which operations at the facility commenced if the Secretary determines that, on the basis of the facts and circumstances then known, the requirements of subparagraph (A)(i) are not satisfied. ``(ii) Misrepresentations, etc.--The Secretary shall, at any time, revoke a determination under subparagraph (A)(i) if, in connection with the request for such determination, there was a misrepresentation with respect to (or a failure to disclose) any material information by the electing corporation or a related person. ``(iii) Revocations retroactive.--If any determination is revoked under this subparagraph, this subsection (other than paragraph (8) thereof) shall be applied as if such determination had never been made. ``(C) Opportunity for public comment.--No determination may be made under subparagraph (A)(i) unless the Secretary allows an opportunity for public comment on the request for such determination. ``(6) Expansions treated as separate facilities.-- ``(A) In general.--For purposes of this subsection, any substantial increase in employment at a facility shall be treated as a separate facility at which operations are commenced with respect to the electing corporation as of the date of such increase. ``(B) Substantial increase in employment.--For purposes of subparagraph (A), there shall be deemed to be a substantial increase in employment as of any day at any facility if-- ``(i) such day is the last day of a payroll period and the average number of employees performing services at such facility during such period exceeds 110 percent of the average number of employees performing services at such facility during the corresponding payroll period in the preceding calendar year, or ``(ii) there is an expansion in such facility or the operations at such facility with respect to which a separate or supplemental application or other request relating to tax incentives for such expansion is made to governmental authorities of the possession. Appropriate adjustments in the application of clause (i) shall be made in the case of employees not performing services on a full-time basis. ``(7) Special rules.-- ``(A) Distributions to meet qualification standards.--Rules similar to the rules of subsection (h)(4) shall apply for purposes of this subsection. ``(B) Related person.--For purposes of this subsection, the rules of subparagraphs (D) and (E) of subsection (h)(3) shall apply in determining whether any person is related to the electing corporation. ``(8) Public disclosure.-- ``(A) Publication in federal register.--The Secretary shall publish in the Federal Register-- ``(i) a notification of each request for a determination under paragraph (5)(A)(i), and ``(ii) a notification of the Secretary's determination in the case of each such request. ``(B) Public inspection of determination.-- ``(i) In general.--Notwithstanding section 6103, the text of any determination made by the Secretary under paragraph (5)(A)(i) and any background file document relating to such determination shall be open to public inspection at such place as the Secretary may prescribe. ``(ii) Exemptions from disclosure.--Rules similar to the rules of section 6110(c) (other than paragraph (1) thereof) shall apply for purposes of clause (i). ``(iii) Background file document.--For purposes of this subparagraph, the term `background file document' has the meaning given such term by section 6110(b)(2) determined by treating the determination under paragraph (2) as a written determination.'' (b) Effective Date.-- (1) In general.--The amendment made by subsection (a) shall apply to taxable years ending after __________________________. (2) Time for filing request.--The time for filing a request under section 936(i)(5)(A)(ii) of the Internal Revenue Code of 1986 (as added by this section) shall in no event expire before the date 90 days after the date of the enactment of this Act. | Jobs Preservation Act of 1993 - Amends the Worker Adjustment and Retraining Notification Act to require notification of certain plant closings to the Secretary of the Treasury if the employer or a related person holds stock in a corporation eligible for the Puerto Rico and possession tax credit. Amends the Internal Revenue Code to deny the Puerto Rico and possession tax credit in cases of runaway plants. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Health Care Act of 2003''. SEC. 2. CREDIT FOR EMPLOYEE HEALTH INSURANCE EXPENSES. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following: ``SEC. 45G. EMPLOYEE HEALTH INSURANCE EXPENSES. ``(a) General Rule.--For purposes of section 38, in the case of a qualified small employer, the employee health insurance expenses credit determined under this section is an amount equal to the applicable percentage of the amount paid by the taxpayer during the taxable year for qualified employee health insurance expenses. ``(b) Applicable Percentage.-- ``(1) In general.--For purposes of subsection (a), the applicable percentage is-- ``(A) 50 percent in the case of an employer with less than 26 qualified employees, ``(B) 40 percent in the case of an employer with more than 25 but less than 36 qualified employees, ``(C) 30 percent in the case of an employer with more than 35 but less than 51 qualified employees, ``(D) 20 percent in the case of an employer with more than 50 but less than 76 qualified employees, and ``(E) 10 percent in the case of an employer with more than 75 but less than 101 qualified employees. ``(2) High contribution bonus.--With respect to any taxable year during which a qualified small employer pays 100 percent of qualified employee health insurance expenses for the qualified employees of the small employer, the applicable percentage otherwise determined for such taxable year under the preceding paragraph shall be increased by 5 percentage points. ``(c) Per Employee Dollar Limitation.--The amount of qualified employee health insurance expenses taken into account under subsection (a) with respect to any qualified employee for any taxable year shall not exceed the maximum employer contribution for self-only coverage or family coverage (as applicable) determined under section 8906(a) of title 5, United States Code, for the calendar year in which such taxable year begins. ``(d) Definitions and Special Rules.--For purposes of this section-- ``(1) Qualified small employer.-- ``(A) In general.--The term `qualified small employer' means any small employer which-- ``(i) provides eligibility for health insurance coverage (after any waiting period (as defined in section 9801(b)(4))) to all qualified employees of the employer, ``(ii) pays at least 70 percent of the cost of such coverage (60 percent in the case of family coverage) for each qualified employee, and ``(iii) in the case of a small employer which is located in a State which has established a health insurance purchasing pool under section 3 of the Small Business Health Care Act of 2003, joins such pool. ``(B) Transition rule for new plans.-- ``(i) In general.--If a small employer (or any predecessor) did not provide health insurance coverage to the qualified employees of the employer during the employer's precompliance period, then subparagraph (A) shall be applied to such employer for the first 5 taxable years following such period by substituting `50 percent' for `70 percent' in clause (ii) (or for `60 percent' in such clause, in the case of family coverage). ``(ii) Precompliance period.--For purposes of clause (i), the precompliance periods are-- ``(I) the period beginning with the small employer's taxable year preceding its first taxable year beginning after the date of the enactment of this section, and ``(II) the period beginning with the small employer's taxable year preceding the first taxable year for which the employer meets the requirement of subparagraph (A)(i). An employer not in existence for any period shall be treated in the same manner as an employer which is in existence and not providing coverage. ``(C) Small employer.-- ``(i) In general.--For purposes of this paragraph, the term `small employer' means, with respect to any calendar year, any employer if such employer employed an average of not less than 2 and not more than 100 qualified employees on business days during either of the 2 preceding calendar years. For purposes of the preceding sentence, a preceding calendar year may be taken into account only if the employer was in existence throughout such year. ``(ii) Employers not in existence in preceding year.--In the case of an employer which was not in existence throughout the 1st preceding calendar year, the determination under clause (i) shall be based on the average number of qualified employees that it is reasonably expected such employer will employ on business days in the current calendar year. ``(2) Qualified employee health insurance expenses.-- ``(A) In general.--The term `qualified employee health insurance expenses' means any amount paid by an employer for health insurance coverage to the extent such amount is attributable to coverage provided to any employee while such employee is a qualified employee. ``(B) Exception for amounts paid under salary reduction arrangements.--No amount paid or incurred for health insurance coverage pursuant to a salary reduction arrangement shall be taken into account under subparagraph (A). ``(C) Health insurance coverage.--The term `health insurance coverage' has the meaning given such term by section 9832(b)(1). ``(3) Qualified employee.--The term `qualified employee' means an employee of an employer who, with respect to any period, is not provided health insurance coverage under-- ``(A) a health plan of the employee's spouse, ``(B) title XVIII, XIX, or XXI of the Social Security Act, ``(C) chapter 17 of title 38, United States Code, ``(D) chapter 55 of title 10, United States Code, ``(E) chapter 89 of title 5, United States Code, or ``(F) any other provision of law. ``(4) Employee--The term `employee'-- ``(A) means any individual, with respect to any calendar year, who is reasonably expected to receive at least $5,000 and not more than $100,000 of compensation from the employer during such year, ``(B) does not include an employee within the meaning of section 401(c)(1), and ``(C) includes a leased employee within the meaning of section 414(n). ``(5) Compensation.--The term `compensation' means amounts described in section 6051(a)(3). ``(e) Certain Rules Made Applicable.--For purposes of this section, rules similar to the rules of section 52 shall apply. ``(f) Denial of Double Benefit.--No deduction or credit under any other provision of this chapter shall be allowed with respect to qualified employee health insurance expenses taken into account under subsection (a).''. (b) Credit To Be Part of General Business Credit.--Section 38(b) of the Internal Revenue Code of 1986 (relating to current year business credit) is amended by striking ``plus'' at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting ``, plus'', and by adding at the end the following: ``(16) the employee health insurance expenses credit determined under section 45G.''. (c) No Carrybacks.--Subsection (d) of section 39 of the Internal Revenue Code of 1986 (relating to carryback and carryforward of unused credits) is amended by adding at the end the following: ``(11) No carryback of section 45g credit before effective date.--No portion of the unused business credit for any taxable year which is attributable to the employee health insurance expenses credit determined under section 45G may be carried back to a taxable year ending before the date of the enactment of section 45G.''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``Sec. 45G. Employee health insurance expenses.''. (e) Employer Outreach.--The Internal Revenue Service shall, in conjunction with the Small Business Administration, develop materials and implement an educational program to ensure that business personnel are aware of-- (1) the eligibility criteria for the tax credit provided under section 45G of the Internal Revenue Code of 1986 (as added by this section), (2) the methods to be used in calculating such credit, and (3) the documentation needed in order to claim such credit, so that the maximum number of eligible businesses may claim the tax credit. (f) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after the date of the enactment of this Act. SEC. 3. HEALTH INSURANCE PURCHASING POOLS. (a) Matching Funds for Operation of Pools.-- (1) In general.--In the case of a State or a unit of local government that establishes a health insurance purchasing pool, the Secretary of Health and Human Services shall provide, from the funds allocated under subsection (b), a grant equal to the applicable percentage of the administrative costs associated with such pool. (2) Applicable percentage.--For purposes of paragraph (1), the applicable percentage is-- (A) 75 percent for the initial year of the grant; (B) 50 percent for year succeeding the year to which subparagraph (A) is applicable; (C) 25 percent for the year succeeding the year to which subparagraph (B) is applicable; and (D) zero thereafter. (3) Special rule for local government purchasing pools.-- The Secretary of Health and Human Services shall not provide a grant under this section to any unit of a local government unless such unit of local government submits to the Secretary a certificate from the State in which such unit of local government is located authorizing such grant. (4) Health insurance purchasing pool.--For purposes of this section, the term ``health insurance purchasing pool'' means a purchasing pool for small employers (as defined under section 45G of the Internal Revenue Code of 1986) for the purpose of providing health insurance coverage (as defined in such section) to qualified employees (as defined in such section). (b) Funding.--Out of the money in the Treasury of the United States not otherwise appropriated, there are authorized and appropriated such sums as are necessary to carry out this section. | Small Business Health Care Act of 2003 - Amends the Internal Revenue Code to establish, in the case of a qualified small employer, an employee health insurance expenses credit determined for the applicable percentage of the amount paid by a taxpayer for qualified employee health insurance expenses. Directs the Secretary of Health and Human Services to provide, in the case of a State or a unit of local government that establishes a health insurance purchasing pool, a grant equal to the applicable percentage of the administrative costs associated with such pool. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Tuberculosis (TB) Now Act''. SEC. 2. FINDINGS. Congress finds the following: (1)(A) Tuberculosis is a great health and economic burden to impoverished nations and a health and security threat to the United States and other industrialized countries. (B) Tuberculosis is one of the greatest infectious causes of death of adults worldwide, killing nearly 2,000,000 people per year--one person every 15 seconds. (2) An estimated 8,000,000 individuals develop active tuberculosis each year. (3) Today, tuberculosis is the leading killer of women of reproductive age and of people who are HIV-positive. (4) Tuberculosis is spreading as a result of inadequate treatment and is a disease that knows no national borders. (5) With over 50 percent of tuberculosis cases in the United States attributable to foreign-born individuals and with the increase in international travel, commerce, and migration, elimination of tuberculosis in the United States depends on efforts to control the disease in developing countries. (6) The threat that tuberculosis poses for Americans derives from the global spread of tuberculosis and the emergence and spread of strains of multi-drug resistant tuberculosis (MDR-TB). (7) Up to 50,000,000 individuals may be infected with multi-drug resistant tuberculosis. (8) In the United States, tuberculosis treatment, normally about $2,000 per patient, increases to as much as $1,000,000 per patient to treat multi-drug resistant tuberculosis, and treatment may not even be successful. (9) Without access to treatment, multi-drug resistant tuberculosis is a virtual death sentence. (10) There is a highly effective and inexpensive treatment for standard tuberculosis. Recommended by the World Health Organization (WHO) as the best curative method for tuberculosis, this strategy, known as DOTS (Directly Observed Treatment Short-course), includes low-cost effective diagnosis, treatment, monitoring, and record keeping, as well as a reliable drug supply. A centerpiece of DOTS is observing patients to ensure that they take their medication and complete treatment. (11) DOTS is one of the most cost-effective health interventions available today. A full course of DOTS drugs costs as little as $10 in low-income countries. (12) Proper DOTS treatment is imperative to prevent the development of dangerous multi-drug resistant tuberculosis that arises through improper or incomplete tuberculosis treatment. (13) Building upon the DOTS strategy, DOTS-Plus is a comprehensive tuberculosis management strategy that works as a supplement to the standard DOTS strategy to address areas where there is high prevalence of multi-drug resistant tuberculosis. (14) The Global Fund to Fight AIDS, Tuberculosis and Malaria is an important new global partnership established to combat these 3 infectious diseases that together kill 6,000,000 people a year. Expansion of effective tuberculosis treatment programs constitutes a major component of Global Fund investment, along with integrated efforts to address HIV and tuberculosis in areas of high prevalence. (15) The Centers for Disease Control and Prevention (CDC) is actively involved with global tuberculosis control efforts since the global tuberculosis epidemic directly impacts tuberculosis in the United States, and because Congress has strongly urged the CDC each year to increase its involvement with international tuberculosis control efforts. (16) The CDC is assisting countries with a high burden of tuberculosis-- (A) to implement the World Health Organization- recommended control strategies, DOTS and DOTS-Plus; (B) to identify and treat persons with multi-drug resistant tuberculosis; and (C) to conduct research to identify new diagnostics, treatments, and interventions to control tuberculosis. SEC. 3. FOREIGN ASSISTANCE FOR TUBERCULOSIS PREVENTION, TREATMENT, AND CONTROL. (a) Amendment to Foreign Assistance Act of 1961.--Chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended by inserting after section 104 the following new section: ``SEC. 104A. ASSISTANCE FOR TUBERCULOSIS PREVENTION, TREATMENT, AND CONTROL. ``(a) Statement of Policy.--Congress recognizes the growing international problem of tuberculosis and the impact its continued existence has on those nations that had previously largely controlled the disease. Congress further recognizes that the means exist to control and treat tuberculosis, and that it is therefore a major objective of the foreign assistance program to control the disease. ``(b) Assistance.-- ``(1) In general.--In meeting the objective described in subsection (a), the President shall provide assistance for the prevention, treatment, and control of tuberculosis. ``(2) Additional requirements.--In carrying out paragraph (1), the President shall-- ``(A) coordinate with the World Health Organization (WHO), the Global Fund to Fight AIDS, Tuberculosis and Malaria, the Department of Health and Human Services (including Centers for Disease Control and Prevention and the National Institutes of Health), and other organizations with respect to the development and implementation of a comprehensive tuberculosis control program; ``(B) set as a goal the detection of at least 70 percent of the cases of infectious tuberculosis, the cure of at least 85 percent of the cases detected by focusing efforts on the use of the Directly Observed Treatment Short-course (DOTS) strategy or other internationally accepted primary tuberculosis control strategies, in those countries in which the United States Agency for International Development has established development programs, by December 31, 2010, and the reduction of tuberculosis-related deaths by 50 percent, by December 31, 2010; and ``(C) give priority to activities that increase Directly Observed Treatment Short-course (DOTS) coverage and treatment of multi-drug resistant tuberculosis where needed using DOTS-Plus, including funding for the Global Tuberculosis Drug Facility, the Stop Tuberculosis Partnership, and the Global Alliance for TB Drug Development. ``(c) Allocation of Funds.--In carrying out subsection (b), the President shall ensure that-- ``(1) not less than 75 percent of the amount made available to carry out this section for a fiscal year shall be expended for antituberculosis drugs, supplies, direct patient services, and training in diagnosis and treatment for Directly Observed Treatment Short-course (DOTS) coverage and treatment of multi- drug resistant tuberculosis using DOTS-Plus; and ``(2) not less than 10 percent of the amount made available to carry out this section for a fiscal year shall be expended to provide a United States contribution to the Global Tuberculosis Drug Facility. ``(d) Annual Report.--Not later than January 31 of each year, the President shall transmit to the appropriate congressional committees a report that contains a summary of all programs, projects, and activities carried out under this section for the preceding fiscal year, including a description of the increase in the number of individuals treated and cured through each program, project, and activity. ``(e) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated to the President to carry out this section $200,000,000 for each of the fiscal years 2004 and 2005. ``(2) Availability.--Amounts appropriated pursuant to the authorization of appropriations under paragraph (1) are authorized to remain available until expended. ``(f) Definitions.--In this section: ``(1) Appropriate congressional committees.--The term `appropriate congressional committees' means the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate. ``(2) DOTS.--The term `DOTS' or `Directly Observed Treatment Short-course' means the World Health Organization- recommended strategy for treating tuberculosis. ``(3) DOTS-plus.--The term `DOTS-Plus' means a comprehensive tuberculosis management strategy that is built upon and works as a supplement to the standard DOTS strategy, and which takes into account specific issues (such as use of second line anti-tuberculosis drugs) that need to be addressed in areas where there is high prevalence of multi-drug resistant tuberculosis. ``(4) Global alliance for tuberculosis drug development.-- The term `Global Alliance for Tuberculosis Drug Development' means the public-private partnership that brings together leaders in health, science, philanthropy, and private industry to ensure that new medications are available and affordable in high tuberculosis burden countries and other affected countries. ``(5) Global tuberculosis drug facility.--The term `Global Tuberculosis Drug Facility (GDF)' means the new initiative of the Stop Tuberculosis Partnership to increase access to high- quality tuberculosis drugs to facilitate DOTS expansion. ``(6) Stop tuberculosis partnership.--The term `Stop Tuberculosis Partnership' means the partnership of the World Health Organization, donors including the United States, high tuberculosis burden countries, multilateral agencies, and nongovernmental and technical agencies committed to short- and long-term measures required to control and eventually eliminate tuberculosis as a public health problem in the world.''. (b) Conforming Amendment.--Section 104(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b(c)) is amended by striking paragraph (7). (c) Effective Date.--The amendments made by this section shall take effect on October 1, 2003, or the date of the enactment of this Act, whichever occurs later. SEC. 4. AUTHORIZATION OF APPROPRIATIONS FOR GLOBAL TUBERCULOSIS ACTIVITIES OF THE CENTERS FOR DISEASE CONTROL AND PREVENTION. For the purpose of carrying out global tuberculosis activities through the Centers for Disease Control and Prevention, there are authorized to be appropriated $30,000,000 for fiscal year 2004, and such sums as may be necessary for fiscal year 2005. Such authorization is in addition to other authorizations of appropriations that are available for such purpose. Amounts appropriated under this section shall remain available until expended. | Stop Tuberculosis (TB) Now Act - Amends the Foreign Assistance Act of 1961 to direct the President to provide assistance for the prevention, treatment and control of tuberculosis. Requires the President to: (1) coordinate with specified health agencies worldwide to develop and implement a comprehensive tuberculosis control program; (2) set as a goal the detection of at least 70 percent of the cases of infectious tuberculosis, the cure of at least 85 percent of the cases detected, and the reduction of tuberculosis-related deaths by 50 percent by December 31, 2010; (3) give priority to activities that increase Directly Observed Treatment Short-course (DOTS) coverage (World Health Organization-recommended strategy for treating tuberculosis) and treatment of multi-drug resistant tuberculosis using DOTS-Plus; (4) expend at least 75 percent of the allocated funds on antituberculosis drugs, supplies, direct patient service, and training in diagnosis and treatment of DOTS and DOTS-Plus; (5) expend at least 10 percent of the allocated funds on a U.S. contribution to the Global Tuberculosis Drug Facility. Authorizes appropriations for global tuberculosis activities of the Centers for Disease Control and Prevention. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Santa Fe National Forest Boundary Adjustment Act of 1994''. SEC. 2. BOUNDARY MODIFICATION. The boundary of the Santa Fe National Forest is hereby modified and expanded as generally depicted on a map entitled ``Santa Fe National Forest Boundary Expansion 1994'', dated July 19, 1994. The map shall be on file and available for public inspection in the office of the Chief, Forest Service, Washington, DC. SEC. 3. ATALAYA PEAK EXCHANGES. (a) In General.--The Secretary of the Interior is authorized to exchange public lands and interests in lands managed by the Bureau of Land Management for private lands and interests therein depicted on the map referenced in section 2. (b) Withdrawal.--Upon the acquisition of lands under subsection (a) by the Secretary of the Interior, and subject to valid existing rights, such lands are hereby withdrawn from all forms of entry, appropriation, or disposal under the public land laws; from location, entry, and patent under the mining laws; and from disposition under all laws pertaining to mineral and geothermal leasing. SEC. 4. INTERCHANGE OF FEDERAL LANDS IN NEW MEXICO. (a) Identification of Lands.--In conjunction with the land exchange under section 3, the Secretary of Agriculture and the Secretary of the Interior shall identify federally-owned lands and interests in lands currently situated within the Santa Fe National Forest which are suitable for transfer to and administration by the Bureau of Land Management. The identification of National Forest lands available for such transfer shall utilize criteria which are mutually agreeable to both of the Secretaries. (b) Lands Acquired for the Bureau of Land Management.-- (1) Transfer by secretary of agriculture.--The Secretary of Agriculture shall transfer, to the Bureau of Land Management, those lands and interests in lands identified pursuant to subsection (a). The transfer shall be effective upon publication in the Federal Register of notice of such transfer that identifies such lands and interests. (2) Boundary modification.--The boundary of the Santa Fe National Forest shall be modified as of the date of notice under paragraph (1) to exclude such lands transferred to the Secretary of the Interior. (3) Management.--Lands transferred under paragraph (1) shall be added to and administered by the Bureau of Land Management as part of the public lands (as defined in section 103(e) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702(e))). (c) Lands Acquired for the Forest Service.-- (1) Addition to sante fe national forest.--Lands or interests in lands-- (A) acquired by the Secretary of the Interior pursuant to section 3, or (B) acquired by the Secretary of Agriculture within the areas identified as ``potential acquisition'' on the map referenced in section 2, shall, upon acquisition, be added to and administered as part of the Santa Fe National Forest in accordance with the laws relating to the National Forests. (2) Management prescription.--The Secretary of Agriculture shall manage the lands and interests in lands referred to in paragraph (1) primarily to preserve open space and scenic values and to preclude development. (3) Availability of certain funds.--For purposes of section 7(a)(1) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601-9(a)(1)), the boundary of the Santa Fe National Forest, as modified pursuant to this Act, shall be treated as if it were the boundary as of January 1, 1965. SEC. 5. SAVINGS PROVISION. Nothing in this Act shall affect the authorities of the Secretary of Agriculture to acquire lands in New Mexico by purchase or exchange and, notwithstanding the Act of June 15, 1926 (16 U.S.C. 471a), all such lands heretofore or hereafter acquired by the exchange of National Forest lands shall be managed as a part of the National Forest System. SEC. 6. IMPLEMENTATION. The procedures used in carrying out the land transfers by this Act shall be those procedures agreed to between the Secretary of the Interior and the Secretary of Agriculture. SEC. 7. SEARCH AND RESCUE. As provided in section 4(c) of the Wilderness Act, mechanical transport, including motor vehicles, motorized equipment, and the landing of fixed-wing and rotary aircraft, shall be permitted anywhere within the boundaries of the Santa Fe National Forest with respect to any emergency involving the health or safety to an individual within the national forest. Passed the House of Representatives August 8, 1994. Attest: DONNALD K. ANDERSON, Clerk. | Santa Fe National Forest Boundary Adjustment Act of 1994 - Modifies and expands the boundary of the Santa Fe National Forest in New Mexico. Authorizes the Secretary of the Interior to exchange public lands and interests managed by the Bureau of Land Management (BLM) for private lands and interests within the Forest. Withdraws acquired lands from all public land, mining, and mineral and geothermal leasing laws. Requires the Secretaries of Agriculture and of the Interior to identify federally-owned lands and interests currently situated within the Forest which are suitable for transfer to, and administration by, BLM. Requires the Secretary of Agriculture to transfer such identified lands to BLM. Modifies the boundary of the Forest to exclude such transferred lands. Requires the lands to be managed as public lands as defined in the Federal Land Policy and Management Act of 1976. Requires lands acquired by the Secretaries under this Act to be added to and administered as part of the Forest in accordance with National Forests laws. Requires the Secretary of Agriculture to manage such lands primarily to preserve open space and scenic values and to preclude development. Declares that nothing in this Act shall affect the authorities of the Secretary of Agriculture to acquire lands in New Mexico by purchase or exchange and that all such lands acquired by the exchange of National Forest lands shall be managed as a part of the National Forest System. Permits mechanical transport anywhere within the boundaries of the Forest with respect to any health or safety emergency. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REFERENCES. (a) Short Title.--This Act may be cited as the ``Partnership for Children and Families Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents; references. TITLE I--EXPANDED ELIGIBILITY FOR ADOPTION ASSISTANCE AND FOSTER CARE Sec. 101. Adoption assistance. Sec. 102. Foster care maintenance payments. TITLE II--CHILD WELFARE REINVESTMENT FUNDING Sec. 201. Child welfare reinvestment funding. TITLE III--EFFECTIVE DATES Sec. 301. Effective dates. (c) References.--Except as otherwise expressly provided, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the amendment or repeal shall be considered to be made to a section or other provision of the Social Security Act. TITLE I--EXPANDED ELIGIBILITY FOR ADOPTION ASSISTANCE AND FOSTER CARE SEC. 101. ADOPTION ASSISTANCE. Section 473(a) (42 U.S.C. 673(a)) is amended by striking paragraph (2) and inserting the following: ``(2)(A) For the purposes of paragraph (1)(B)(ii), a child meets the requirements of this paragraph if the child-- ``(i)(I) at the time of the adoption proceedings were initiated, had been removed from his or her home-- ``(aa) pursuant to a voluntary placement agreement with respect to which Federal payments are made under section 474; or ``(bb) as a result of a judicial determination to the effect that continuation therein would be contrary to the welfare of the child, including such determination made on account of a voluntary relinquishment; ``(II) was residing in a foster family home or in a child care institution with the child's minor parent as described in section 475(4)(B); and ``(ii) has been determined by the State, pursuant to subsection (c) to be a child with special needs. ``(B) A child who meets the requirements of subparagraph (A)(ii), who was determined eligible for adoption assistance payments under this part with respect to a prior adoption, and who is available for adoption because the prior adoption has been dissolved and the parental rights of the parents have been terminated or because the adoptive parents have died, shall be treated as meeting the requirements of this paragraph for the purposes of paragraph (1)(B)(ii).''. SEC. 102. FOSTER CARE MAINTENANCE PAYMENTS. (a) Elimination of Income Eligibility Requirement.--Section 472(a) (42 U.S.C. 672(a)) is amended-- (1) in paragraph (1), by striking ``if'' and all that follows and inserting ``if the removal and foster care placement met, and the placement continues to meet, the requirements of paragraph (2).''; and (2) by striking paragraphs (3) and (4). (b) Conforming Amendment.--Section 470 (42 U.S.C. 670) is amended by striking ``who otherwise would have been eligible for assistance under the States plan approved under part A (as such plan was in effect on June 1, 1995)''. TITLE II--CHILD WELFARE REINVESTMENT FUNDING SEC. 201. CHILD WELFARE REINVESTMENT FUNDING. Section 474 (42 U.S.C. 674) is amended by adding at the end the following: ``(g) Child Welfare Reinvestment Fund.-- ``(1) In general.--Each State with a plan approved under this part for a fiscal year may submit to the Secretary an application to-- ``(A) receive foster care maintenance payment savings achieved by reducing the total number of days children in the State experience in foster care during the fiscal year; and ``(B) use the savings to-- ``(i) provide to children in the State family preservation services, family support services, time-limited family reunification services and adoption promotion and support services, as such terms are defined in section 431(a); and ``(ii) train the staff of State and local child welfare agencies, of child welfare service providers, or of providers of related services aimed at keeping children in their homes, on effective practices relating to the provision of any service referred to in this subparagraph. ``(2) Contents of application.--An application submitted by a State pursuant to this subsection shall contain-- ``(A) an estimate of the the total number of placement days the State will experience for the fiscal year covered by the application, and a detailed description of the methodology used to make the estimate; ``(B) a plan which-- ``(i) sets forth a detailed description of how any amount paid to the State under this subsection would be used as described in paragraph (1)(B) of this subsection; ``(ii) contains the assurances described in section 422(b)(8); ``(iii) does not impair the entitlement of any qualified child or family to benefits under the State plan approved under this part; and ``(iv) is consistent with any corrective action plan that the State may be implementing pursuant to section 1123A; and ``(C) such other information as the Secretary may require. ``(3) Approval of applications.--Beginning October 1, 2008, the Secretary may approve an application submitted by a State pursuant to this subsection if-- ``(A) the State and the Secretary have agreed on the State's estimate of the total number of placement days the State will experience for the fiscal year covered by the application; and ``(B) the approval of the application would not-- ``(i) result in the State violating any assurances made by the State pursuant to section 422(b)(8); or ``(ii) result in the impairment of the entitlement of any qualified child or family to benefits under the State plan approved under this part. ``(4) Payments to states.-- ``(A) In general.--In addition to any other payment under this part for a fiscal year for which a State application under this subsection is approved by the Secretary, the State shall be entitled to receive from the Secretary an amount equal to the lesser of-- ``(i) the foster care maintenance payment savings achieved by the State for the fiscal year; or ``(ii) the Federal medical assistance percentage (as defined in section 1905(b)) of the total of the amounts expended by the State during the fiscal year to carry out any activity described in the application pursuant to paragraph (2)(B)(i) of this subsection and with respect to which amounts the State is not otherwise entitled to receive a payment from the Federal Government. ``(B) Determination of savings.-- ``(i) In general.--For purposes of subparagraph (A)(i), the foster care maintenance payment savings achieved by a State for a fiscal year shall be an amount equal to-- ``(I) the foster care maintenance unit cost of the State for the fiscal year; multiplied by ``(II) the amount (if any) by which the number of placement days estimated by the State for the fiscal year pursuant to paragraph (3)(A) exceeds the number of placement days experienced by the State during the fiscal year. ``(ii) Definitions.--In this subsection: ``(I) Foster care maintenance unit cost.--The term `foster care maintenance unit cost' means, with respect to a State and a fiscal year-- ``(aa) the total amount payable to the State under subsection (a)(1) for the preceding fiscal year; divided by ``(bb) the total number of placement days experienced by the State in the preceding fiscal year. ``(II) Placement day.--The term `placement day' means, with respect to a State, a calendar day during all or part of which a child (whether or not eligible for foster care maintenance payments under section 472(a)), other than a child who has been determined to be delinquent and is the subject of an agreement referred to in section 472(a)(2), has been removed from his home and placed into a family foster home, child care institution, or the home of a relative of the child (whether or not a foster care maintenance payment is made on behalf of the child to the family foster home, child care institution, or relative), and during which the State retains legal responsibility for the placement and care of the child. ``(C) Timing.--The Secretary shall make the payment to which a State is entitled under this subsection for a fiscal year, at the end of the fiscal year. ``(5) Use of funds.-- ``(A) In general.--A State to which funds are paid under this subsection may use the funds only in accordance with the approved application of the State under this subsection. ``(B) Limitation on use for staff costs.--A State may not use any funds paid to the State under this subsection to cover the salaries or related costs of any staff of any State or local child welfare agency, except to the extent the staff are directly engaged in carrying out an activity referred to in paragraph (4)(A)(ii). ``(6) Availability of funds.--Funds paid to a State under paragraph (4) shall remain available to the State for expenditure through the end of the 5th fiscal year ending after the date paid. ``(7) Report.--As soon as practicable after each fiscal year for which a State has received funds under this part, the State shall prepare and submit to the Secretary a written report on the services provided through use of the funds, and the effects of the provision of the services on the outcomes of children in the State.''. TITLE III--EFFECTIVE DATES SEC. 301. EFFECTIVE DATES. (a) Adoption Assistance.--The amendment made by section 101 shall take effect on October 1, 2008, and shall apply to adoption assistance agreements executed on or after that date. (b) Foster Care Maintenance Payments.--The amendments made by section 102 shall take effect on October 1, 2008, and shall apply to children removed from their home and placed into foster care on or after that date. (c) Child Welfare Reinvestment Funding.--The amendment made by section 201 shall take effect on October 1, 2008. | Partnership for Children and Families Act - Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to revise the eligibility requirements for adoption assistance and foster care maintenance payments, eliminating certain income criteria. Allows each state with an approved part E plan to apply to the Secretary of Health and Human Services to: (1) receive foster care maintenance payment savings achieved (in a "child welfare reinvestment fund") by reducing the total number of days children in the state experience in foster care during the fiscal year; and (2) use the savings to provide children with family preservation services, family support services, time-limited family reunification services, and adoption promotion and support services, and to train the staff of state and local child welfare agencies in effective service practices. |
SECTION 1. FINDINGS AND PURPOSE. (a) The Congress finds that-- (1) the city of Waterloo, Iowa, and northeast Iowa of the State possess many important elements of the nationally significant story of American agriculture, including Native American agriculture, agricultural mechanization, seed hybridization, farm cooperative movements, rural electrification, farm-to-market systems, rural to urban migration, veterinary practice, food processing and preservation, national farm organizations, international hunger relief, and the development of national and international agribusiness; (2) these resources offer outstanding and unique opportunities to acknowledge and appreciate the development of American agriculture; (3) the National Park Service has determined that the story of American agriculture is nationally significant, that northeast Iowa is an ideal place to tell that story, and that this story could be divided into 4 principal topics for interpretation in northeast Iowa: the Amazing Science of Agriculture, Agriculture as a Way of Life, Organizing for Survival, and Crops from Field to Table; (4) the responsibility for interpreting, retaining, enhancing, and promoting the resources, values, and amenities of Waterloo, Iowa and northeast Iowa resides with volunteer associations, private businesses, political subdivisions of the State, and the State of Iowa; and (5) despite the efforts by volunteer associations, private businesses, political subdivisions of the State, and the State of Iowa, the cultural and historical resources of the area have not realized full potential and may be lost without some assistance from the Federal Government. (b) Purposes.--The purposes of this Act are-- (1) to interpret, retain, enhance, and promote the unique and significant contributions to national and international agriculture of certain natural, historic, and cultural resources within Waterloo, Iowa, and northeast Iowa; (2) to provide a partnership management framework to assist volunteer associations, private businesses, political subdivisions of the State, and the State of Iowa in developing and implementing Management Plan policies and programs that will assist in the interpretation, retention, enhancement, and promotion of the cultural, natural, and recreational resources of northeast Iowa; (3) to allow for local, State, and Federal contributions through limited grants and technical assistance to create America's Agricultural Heritage Partnership through cooperative agreements among volunteer associations, private businesses, political subdivisions of the State, the State of Iowa, and residents of the area; and (4) to provide for an economically self-sustaining Partnership for the educational and inspirational benefit of current and future generations concerning the story of American agriculture. SEC. 2. DEFINITIONS. As used in this Act: (1) Partnership.--The term ``Partnership'' means the America's Agricultural Heritage Partnership as established by section 3(a). (2) Management entity.--The term ``management entity'' means the management entity as established by section 4(a). (3) Political subdivision.--The term ``political subdivision'' means a political subdivision of the State of Iowa, any part of which is located in or adjacent to the area in which the Partnership's Activities occur, including a county, city, or town. (4) State.--The term ``State'' means the State of Iowa. (5) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (6) Partnership management plan.--The term ``Partnership Management Plan'' means the plan as established in section 5(a). (7) Activities.--The term ``activities'' means the activities limited in section 3(b). SEC. 3. ESTABLISHMENT OF THE AMERICA'S AGRICULTURAL HERITAGE PARTNERSHIP. (a) Establishment.--To carry out this Act, there is established in the State of Iowa the America's Agricultural Heritage Partnership upon publication by the Secretary in the Federal Register of notice that a Partnership Management Plan has been approved by the Secretary. (b) Activities.--The Partnership's activities shall be limited to the counties of northeast Iowa that are generally depicted in ``Alternatives #2 and #3'' described in the 1995 National Park Service ``Special Resource Study, Cedar Valley, Iowa.''. (c) Participation.--Nothing in this Act shall require any resident located in the area in which the Partnership's activities occur to participate in or be associated with the Partnership or the Partnership's activities. (d) Affiliations.--Nothing in this Act shall prohibit future affiliations or designations of the Partnership or Partnership Management Entity. (e) Grants, Technical Assistance, and Cooperative Agreements.-- (1) Grants and technical assistance.--The Secretary may make grants and provide technical assistance to America's Agricultural Heritage Partnership to assist it in carrying out its purposes. (2) Cooperative agreements.--The Secretary is authorized to enter into cooperative agreements with private entities, the State of Iowa, or any political subdivision thereof, and other Federal entities, to further the purposes of this Act, the Partnership, or the Partnership Management Entity. SEC. 4. ESTABLISHMENT OF THE AMERICA'S AGRICULTURAL HERITAGE PARTNERSHIP MANAGEMENT ENTITY. (a) Establishment.--There is established a management entity for the Partnership based on the ``Management Option #5'' outlined in the 1995 National Park Service ``Special Resource Study, Cedar Valley, Iowa'' and subject to the approval of the Secretary. (b) Partnership Management Plan.--The Partnership management entity shall be established in the Partnership Management Plan as established in section 5(a). (c) Composition.--The membership of the management entity may include persons affiliated with the following entities: the American Association of Museums, American Farm Bureau, American Farmland Trust, Effigy Mounds National Monument and Herbert Hoover National Historic Site, Iowa Department of Agriculture and Land Stewardship, Iowa Department of Corrections, Iowa Department of Cultural Affairs, Iowa Department of Economic Development, National Trust for Historic Preservation, Smithsonian Institution, the State Historic Preservation Office of the State of Iowa, United States Department of Agriculture, United States Department of Transportation and the America's Agricultural/Industrial Heritage Landscape, Inc. SEC. 5. PARTNERSHIP MANAGEMENT PLAN. (a) Preparation of Partnership Management Plan.--A Partnership Management Plan shall be submitted to the Secretary for approval no later than one year after the date of the enactment of this Act. (b) Assistance.--The Secretary may provide technical assistance in the preparation of the Partnership Management Plan. SEC. 6. LAND USE REGULATION AND PRIVATE PROPERTY PROTECTION. (a) Regulation.--Nothing in this Act shall be construed to modify, enlarge, or diminish any authority of Federal, State, and local governments to regulate any use of privately owned land than that provided by current law or regulation. (b) Land Use.--Nothing in this Act shall be construed to grant the powers of zoning, land use or condemnation to the Partnership Management Entity, the Secretary or any other Federal, State, or local government entity. SEC. 7. AUTHORIZATION. (a) In General.--There is authorized to be appropriated not more than $400,000 annually for grants and technical assistance under sections 3(e)(1) and 5(b). (b) Percent of Cost.--Federal funding under sections 3(e)(1) and 5(b) shall not exceed 50 percent of the total cost of the grant or technical assistance provided under such section. | Establishes in Iowa the America's Agricultural Heritage Partnership to promote the story of American agriculture, centered upon the area of Waterloo and northeast Iowa. Authorizes the Secretary of Agriculture to provide grants and technical assistance to the Partnership, and to enter into related cooperative agreements with private and governmental entities. Establishes a Partnership management entity and requires the development of a management plan. Authorizes appropriations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Economic Growth Incentive Act of 1995''. TITLE I--REDUCTION IN INDIVIDUAL INCOME TAXES SEC. 101. 5-PERCENT DECREASE IN INDIVIDUAL INCOME TAXES FOR MOST TAXPAYERS. (a) Rate Reductions.--Subsection (f) of section 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(8) Rate reductions.--In prescribing the tables under paragraph (1) which apply with respect to taxable years beginning in a calendar year after 1995-- ``(A) `14.25%' shall be substituted for `15%', ``(B) `26.6%' shall be substituted for `28%', ``(C) `29.45%' shall be substituted for `31%', and ``(D) `34.2%' shall be substituted for `36%'.'' (b) Technical Amendments.-- (1) Subparagraph (B) of section 1(f)(2) of such Code is amended by inserting ``except as provided in paragraph (8),'' before ``by not changing''. (2) Subparagraph (C) of section 1(f)(2) of such Code is amended by inserting ``and the reductions under paragraph (8) in the rates of tax'' before the period. (3) The heading for subsection (f) of section 1 of such Code is amended by inserting ``Rate Reductions;'' before ``Adjustments''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1995. TITLE II--INCENTIVE FOR PURCHASE OF AMERICAN-MADE PROPERTY SEC. 201. DEDUCTION FOR GENERAL SALES TAXES ON AMERICAN-MADE TANGIBLE PERSONAL PROPERTY. (a) In General.--Subsection (a) of section 164 of the Internal Revenue Code of 1986 (relating to deduction for taxes) is amended by inserting after paragraph (5) the following new paragraph: ``(6) State and local general sales taxes imposed in respect of qualified sales at retail of American-made property.'' (b) Definitions.--Subsection (b) of section 164 of such Code is amended by adding at the end thereof the following new paragraph: ``(5) Definitions relating to general sales taxes.--For purposes of subsection (a)(6)-- ``(A) Qualified sales.--The term `qualified sale' means any sale of property if the price (including taxes and shipping (if any)) paid by the taxpayer for such property and all other American-made property purchased with such property in the same transaction exceeds $500. ``(B) American-made property.--The term `American- made property' means tangible personal property more than 50 percent of the cost of which is attributable to value added in the United States.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. TITLE III--SURFACE TRANSPORTATION PROGRAMS SEC. 301. OBLIGATION CEILING. Section 1002 of the Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C. 104 note; 105 Stat. 1916-1918) is repealed. SEC. 302. AUTHORIZATION OF APPROPRIATIONS FOR HIGHWAY PROGRAMS. Section 1003(a) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 1918-1922) is amended-- (1) in paragraph (1)-- (A) by striking ``and''; and (B) by striking ``fiscal year 1997'' and inserting ``each of fiscal years 1997, 1998, and 1999''; (2) in paragraph (2)-- (A) by striking ``and''; and (B) by striking ``fiscal year 1997'' and inserting ``each of fiscal years 1997, 1998, and 1999''; (3) in paragraph (3)-- (A) by striking ``and''; and (B) by striking ``fiscal year 1997'' and inserting ``each of fiscal years 1997, 1998, and 1999''; (4) in paragraph (4)-- (A) by striking ``and'' the second place it appears; and (B) by striking ``fiscal year 1997'' and inserting ``each of fiscal years 1997, 1998, and 1999''; (5) in paragraph (5)-- (A) by striking ``and''; and (B) by striking ``fiscal year 1997'' and inserting ``each of fiscal years 1997, 1998, and 1999''; (6) in paragraph (6)(A) by striking ``and 1997'' and inserting ``1997, 1998, and 1999''; (7) in paragraph (6)(B) by striking ``and 1997'' and inserting ``, 1997, 1998, and 1999''; (8) in paragraph (6)(C) by striking ``and 1997'' and inserting ``, 1997, 1998, and 1999''; (9) in paragraph (7) by striking ``and 1997'' and inserting ``1997, 1998, and 1999''; and (10) in paragraph (8) by striking ``and 1997'' and inserting ``1997, 1998, and 1999''. SEC. 303. DONOR STATE BONUS AMOUNTS. Section 1013(c)(1) of the Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C. 157 note; 105 Stat. 1940) is amended by adding at the end the following new subparagraphs: ``(G) For fiscal year 1998 $514,000,000. ``(H) For fiscal year 1999 $514,000,000.''. SEC. 304. APPORTIONMENT ADJUSTMENTS. (a) Hold Harmless.--Section 1015(a)(1) of the Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C. 104 note; 105 Stat. 1943) is amended by striking ``1997'' and inserting ``1999''. (b) 90-Percent of Payment Adjustments.--Section 1015(b)(1) of such Act is amended by striking ``1997'' and inserting ``1999''. (c) Authorization of Appropriations.--Section 1015(e) of such Act is amended by striking ``1997'' and inserting ``1999''. SEC. 305. SET-ASIDE FOR 4R PROJECTS. Section 118(c)(2)(A) of title 23, United States Code, is amended by striking ``fiscal year 1997'' and inserting ``each of fiscal years 1997, 1998, and 1999''. SEC. 306. DISCRETIONARY BRIDGE PROGRAM. Section 144(g)(1) of title 23, United States Code, is amended by striking ``and 1997'' each place it appears and inserting ``1997, 1998, and 1999''. SEC. 307. NATIONAL HIGH-SPEED GROUND TRANSPORTATION PROGRAMS. Section 1036(d)(1) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 1986) is amended-- (1) in subparagraph (A) by striking ``fiscal year 1997'' and inserting ``each of fiscal years 1997, 1998, and 1999''; and (2) in subparagraph (B) by striking ``and 1997'' and inserting ``1997, 1998, and 1999''. SEC. 308. HIGHWAY TIMBER BRIDGE PROGRAM. Section 1039(a) of the Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C. 144 note; 105 Stat. 1991) is amended by striking ``and 1997'' and inserting ``1997, 1998, and 1999''. SEC. 309. HIGHWAY USE TAX EVASION PROJECTS. Section 1040(f)(1) of the Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C. 101 note; 105 Stat. 1992-1993) is amended by striking ``and 1997'' and inserting ``1997, 1998, and 1999''. SEC. 310. SCENIC BYWAYS PROGRAM. Section 1047(d) of the Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C. 101 note; 105 Stat. 1998) is amended by striking ``and 1997'' and inserting ``1997, 1998, and 1999''. SEC. 311. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL FACILITIES. Section 1064(c) of the Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C. 129 note; 105 Stat. 2005) is amended by striking ``and 1997'' and inserting ``1997, 1998, and 1999''. SEC. 312. HIGHWAY SAFETY AUTHORIZATION OF APPROPRIATIONS. Section 2005 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2079) is amended-- (1) in paragraph (1) by striking ``and 1997'' and inserting ``1997, 1998, and 1999''; and (2) in paragraph (2) by striking ``1997'' and inserting ``1999''. SEC. 313. HIGHWAY SAFETY OBLIGATION CEILINGS. Section 2009 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2080) is amended by striking subsections (a) and (b) and inserting the following: ``Sums authorized to be appropriated by this title and the amendments made by this title shall not be subject to any obligation limitation.''. SEC. 314. FEDERAL TRANSIT ACT AUTHORIZATIONS. Section 5338 of title 49, United States Code, is amended-- (1) in subsection (a)(1)(E) by striking ``the fiscal year ending September 30, 1997'' and inserting ``each of fiscal years 1997, 1998, and 1999''; and (2) in subsection (b)(1)(E) by striking ``the fiscal year ending September 30, 1997'' and inserting ``each of fiscal years 1997, 1998, and 1999''. SEC. 315. REDUCTION IN FEDERAL TRANSIT ACT AUTHORIZATIONS FOR BUDGET COMPLIANCE. Section 3038 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2138) is repealed. SEC. 316. MOTOR CARRIER SAFETY GRANT PROGRAM. Section 31104(a)(5) of title 49, United States Code, is amended by striking ``the fiscal year ending September 30, 1997'' and inserting ``each of fiscal years 1997, 1998, and 1999''. SEC. 317. 2-YEAR EXTENSION OF HIGHWAY TRUST FUND EXPENDITURES. Subsections (c)(1) and (d)(3) of section 9503 of the Internal Revenue Code of 1986, as amended by this Act, are each amended by striking ``1997'' and inserting ``1999''. TITLE IV--RELIEF FROM CREDIT CRUNCH SEC. 401. LOOSENING OF REQUIREMENTS ON LOAN LOSS RESERVES ENCOURAGED. (a) Findings.--The Congress hereby finds that-- (1) the economy of the United States has been in a sustained period of slow growth; (2) credit for commercial and consumer loans and leases has become more difficult to obtain over the past three years, resulting in a ``credit crunch''; (3) the banking industry has adopted a cautious credit policy in response to the state of the economy and the problems experienced by the savings and loan industry; (4) the Federal Reserve has lowered its reserve requirements on member banks for both checking and savings deposits over the past two years in an effort to stimulate the economy, with only moderate success; and (5) the loosening of the requirements on loan loss reserves by State banking authorities and the appropriate Federal banking agencies, as that term is defined in section 3(q) of the Federal Deposit Insurance Act (12 U.S.C. 1813(q)), might help stimulate the economy. (b) Declaration.--It is the sense of the Congress that-- (1) the current ``credit crunch'' should be eased by making it easier for businesses and individuals to obtain loans and leases; and (2) State banking authorities and the appropriate Federal banking agencies, as that term is defined in section 3(q) of the Federal Deposit Insurance Act (12 U.S.C. 1813(q)), should more sensibly apply the requirements on loan loss reserves so as not to punish or restrain responsible borrowers. TITLE V--CAP ON FEDERAL EMPLOYMENT SEC. 501. CAP ON FEDERAL EMPLOYMENT. (a) Employment Cap.--Notwithstanding any other provision of law, the total number of individuals employed by the Federal Government may not exceed the number of individuals employed by the Federal Government on the date of the enactment of this Act. (b) Rescission of Appropriations.--Notwithstanding any other provision of law, there are hereby rescinded all unobligated amounts that were appropriated before the date of the enactment of this Act to pay salary, wages, or benefits for a position in the employment of the Federal Government that is not filled on that date. TITLE VI--REDUCTION IN FEDERAL OVERHEAD EXPENSES SEC. 601. REDUCTION OF AMOUNTS AVAILABLE TO FEDERAL AGENCIES FOR PAYING OVERHEAD EXPENSES. (a) Rescission of Appropriations.--Notwithstanding any other provision of law, there is hereby rescinded an amount equal to 10 percent of all unobligated amounts that were appropriated before the date of the enactment of this Act to pay overhead expenses of any Federal agency. (b) Reduction in Authorizations.--The amount authorized to be appropriated for any fiscal year to pay overhead expenses of any Federal agency is hereby reduced by 10 percent. (c) Overhead Expenses Defined.--For purposes of this section, the term ``overhead expenses'' means any expense incurred by a Federal agency, except-- (1) the payment of salaries and wages of employees of the agency; and (2) direct spending (as that term is defined in section 250 of the Balanced Budget and Emergency Deficit Control Act of 1985). | TABLE OF CONTENTS: Title I: Reduction in Individual Income Taxes Title II: Incentive for Purchase of American-Made Property Title III: Surface Transportation Programs Title IV: Relief from Credit Crunch Title V: Cap on Federal Employment Title VI: Reduction in Federal Overhead Expenses Economic Growth Incentive Act of 1995 - Title I: Reduction in Individual Income Taxes - Amends the Internal Revenue Code to reduce individual income taxes. Title II: Incentive for Purchase of American-Made Property - Allows an itemized deduction for State and local general sales taxes imposed on the retail sale of American-made property. Title III: Surface Transportation Programs - Amends the Intermodal Surface Transportation Efficiency Act of 1991 to repeal the obligation ceiling for Federal-aid highways and highway safety construction programs. Authorizes appropriations for FY 1998 through 1999 for: (1) highway programs; (2) donor State bonus amounts; (3) apportionment adjustments; (4) set asides for interstate discretionary projects; (5) the discretionary bridge program; (6) national high-speed ground transportation programs; (7) the highway timber bridge program; (8) highway use tax evasion projects; (9) the scenic byways program; (10) construction of ferry boats and ferry terminal facilities; (11) certain highway safety programs; (12) Federal Transit Act authorizations; and (13) the motor carrier safety grant program. Removes the highway safety obligation ceilings. Amends the Internal Revenue Code to extend the authority to make expenditures from the Highway Trust Fund until September 30, 1999. Title IV: Relief from Credit Crunch - Expresses the sense of the Congress that: (1) the current "credit crunch" should be eased by making it easier for businesses and individuals to obtain loans and leases; and (2) State banking authorities and the appropriate Federal banking agencies should more sensibly apply the requirements on loan loss reserves so as not to punish or restrain responsible borrowers. Title V: Cap on Federal Employment - Prohibits the number of Federal employees from exceeding such number on the date of enactment of this Act. Rescinds all unobligated amounts that were appropriated before such date to pay the salary, wages, or benefits for a position not filled on that date. Title VI: Reduction in Federal Overhead Expenses - Rescinds ten percent of all unobligated amounts that were appropriated before the date of enactment of this Act to pay overhead expenses of any Federal agency. Reduces authorizations for any fiscal year to pay overhead expenses of any Federal agency by ten percent. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``National Monument Designation Transparency Act''. SEC. 2. LIMITATION ON DESIGNATION OF NATIONAL MONUMENTS. Section 320301 of title 54, United States Code, is amended-- (1) in subsection (a), by striking ``The President may'' and inserting ``Subject to the requirements of this section, the President may''; (2) in subsection (b), by striking ``compatible with'' and inserting ``essential to ensure''; and (3) by adding at the end the following: ``(e) National Monument Designation Procedures.-- ``(1) Precondition to proclamation.--The President may not issue a proclamation under subsection (a) before the last day of the 30-day period beginning on the date on which the President provides the language of the proposed proclamation to Congress and to the Governor of each State, the chief elected official of each unit of local government, and the governing entity of each tribal government with jurisdiction over parcels of land located within the boundaries of the proposed national monument. ``(2) Public participation.-- ``(A) Public hearing requirement.-- ``(i) In general.--Subject to clause (iv), not later than 90 days after the date on which the President issues a proclamation under subsection (a), the Secretary of the Interior shall hold not fewer than one public hearing within a county (or comparable unit of local government) located wholly or in part within the boundaries of the national monument. The Secretary shall ensure that all interested individuals are afforded an opportunity to participate in a hearing held under this subparagraph. ``(ii) Comments.--The Secretary of the Interior shall solicit comments from the public at a hearing held under clause (i), and shall enter all comments received at or related to such hearing into the record of the hearing. ``(iii) Availability of record.--The Secretary of the Interior shall promptly make the record of a hearing held under clause (i), including a transcript of the hearing, available to the public on the Internet or by other electronic means. The Secretary shall ensure that any components of the record that are completed before the entire record is finalized are made available upon their completion. ``(iv) Waiver.--The Secretary of the Interior may decline to hold a public hearing under clause (i) if each unit of local and tribal government located wholly or in part within the boundaries of the national monument expressly waives the right to such hearing. ``(B) Notice and comment period requirement.--Not later than 30 days after the date on which the President issues a proclamation under subsection (a), the Secretary of the Interior shall initiate a notice and comment period to receive comments from the public regarding the proclamation. ``(C) Report.-- ``(i) Contents.--Not later than one year after issuing a proclamation under subsection (a), the President shall submit to Congress a report containing the following: ``(I) An analysis of the economic impact of the designation on the communities within the boundaries of the monument, including an estimate of the tax revenues that will be lost to, or gained for, the Federal, State, and local governments as a result of the designation. ``(II) An analysis of the impact the designation will have on the Nation's energy security, including the effects of the loss of sites to produce wind, geothermal, or solar energy, and the number of barrels of oil, tons of coal, or cubic feet of natural gas that will become unavailable as a result of the proclamation. ``(III) The projected impact of the designation on interests, rights, and uses associated with the parcels of land within the boundaries of the monument, including water rights, hunting, recreational shooting, grazing, timber production, vegetation manipulation to maintain forest health, off-road vehicle use, hiking, horseback riding, and mineral and energy leases, claims, and permits. ``(IV) The record of any hearings held under subparagraph (A). ``(V) Any written comments received during the notice and comment period conducted under subparagraph (B). ``(ii) Publication.--The President shall ensure that a report submitted to Congress under clause (i) is published on the White House Internet website upon completion. The President shall further ensure that any components of the report that are completed before the entire report is finalized and submitted to Congress are published on the White House Internet website upon their completion. ``(D) Implementation guidelines.--The Secretary of the Interior, in cooperation with the States, shall develop and publish guidelines to provide for the implementation of this paragraph. ``(3) Congressional approval of proclamation.-- ``(A) Approval required.--A proclamation issued under subsection (a) shall cease to be effective following the last day of the 2-year period beginning on the date on which the President issued the proclamation, unless the proclamation is approved by an Act of Congress on or before that last day. ``(B) Management of land before approval.--During the period between the issuance of a proclamation under subsection (a) and the approval of the proclamation under subparagraph (A), the President shall ensure that any restriction placed on land and interests, rights, or uses associated with the parcels of land designated as a national monument, including water rights, hunting, recreational shooting, grazing, timber production, vegetation manipulation to maintain forest health, off-road vehicle use, hiking, horseback riding, and mineral and energy leases, claims, and permits, is narrowly tailored and essential to the proper care and management of the objects to be protected. ``(C) Effect of nonapproval.--If Congress does not approve a proclamation to designate a national monument under subparagraph (A), any reservation of land made by such proclamation, and any restriction imposed as a result of such proclamation on interests, rights, or uses associated with the parcels of land, shall cease to be effective following the last day of the 2-year period referred to in subparagraph (A). ``(D) Prohibition on repeat proclamations.--The President may not issue a proclamation that is substantially similar to a proclamation previously issued under subsection (a) that Congress has not approved under subparagraph (A). ``(f) Limitation on Restrictions.--The President shall ensure that any restriction placed on land and interests, rights, or uses associated with the parcels of land designated as a national monument by a proclamation issued under this section is narrowly tailored and essential to the proper care and management of the objects to be protected.''. | National Monument Designation Transparency Act Requires land reserved as part of a national monument to be confined to the smallest area essential to ensure the proper care and management of the objects of historic or scientific interest protected by the monument. Sets forth additional procedures for the designation of national monuments. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Economic Growth and Development Act.'' SEC. 2. FINDINGS. Congress makes the following findings: (1) The promotion of sustainable economic growth is the only long-term solution to lifting people out of poverty and addressing development challenges such as infectious disease, food security, education, and access to clean water. (2) Several of the greatest development success stories in the last 50 years demonstrate how private sector investment and economic growth are fundamental to lifting populations out of poverty. (3) There has been a dramatic shift in the composition of capital flows to the developing world. Whereas forty years ago more than 70 percent of capital flowing to developing countries was public sector foreign assistance, today 87 percent of capital flowing to the developing world comes from the private sector. (4) Eleven of the 15 largest importers of United States goods and services are countries that graduated from United States foreign assistance, and 12 of the 15 fastest growing markets for United States exports are former United States foreign assistance recipients. (5) With 12 departments, 26 agencies, and more than 60 Federal Government offices all involved in the delivery of United States foreign assistance, it is extremely difficult for United States businesses to navigate the bureaucracy in search of opportunities to partner with such United States agencies. (6) Although many United States development agencies have taken steps to improve their private sector coordination capabilities in recent years, these agency-specific strategies remain opaque and must be integrated into a coherent interagency coordination structure to engage the private sector. (7) President Barack Obama's 2010 Policy Directive on Global Development created an Interagency Policy Committee (IPC) for Global Development. However, the IPC has not yet established a streamlined, interagency mechanism for coordination with the private sector. (8) In order to better leverage United States foreign assistance dollars and to promote sustainable economic development in partner countries, the private sector should be consulted during development planning and programming processes. (9) Whether it is in the context of country, sector, or global development strategy, decisions on program prioritization and resource allocations would benefit greatly from private sector perspectives and market data. (10) By consulting with the private sector from the outset, development programs can be designed to better attract private sector investment and to promote public-private partnerships in key development sectors. (11) The Millennium Challenge Corporation and the Partnership for Growth both analyze constraints to growth as part of their planning processes, but these analyses need to be included in all agency country, sector, and global development strategies to more effectively inform and guide the full spectrum of United States development programs. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the United States Agency for International Development. (2) United states development agencies.--The term ``United States development agencies'' means the Department of State, the United States Agency for International Development, the Millennium Challenge Corporation, the Overseas Private Investment Corporation, the Trade and Development Agency, the Inter-American Foundation, and the African Development Foundation. (3) Private sector.--The term ``private sector'' means for- profit United States businesses. (4) Secretary.--The term ``Secretary'' means the Secretary of State. SEC. 4. PURPOSE. The purpose of this Act is to maximize the impact of United States development programs by-- (1) enhancing coordination between United States development agencies and their programs and the private sector and its investment activities; (2) integrating the private sector into United States development agencies planning and programming processes; (3) institutionalizing analyses of constraints to growth and investment throughout United States development agencies planning and programming processes; and (4) ensuring United States development agencies are accountable for progress toward improving coordination of United States development programs and private sector investment activities. SEC. 5. INTERAGENCY MECHANISM TO COORDINATE UNITED STATES DEVELOPMENT PROGRAMS AND PRIVATE SECTOR INVESTMENT ACTIVITIES. (a) In General.--The President, in consultation with the Secretary, the Administrator, the Chief Executive Officer of the Millennium Challenge Corporation, and the heads of other United States development agencies, shall establish an interagency mechanism to improve coordination of United States development programs with private sector investment activities. (b) Duties.--The mechanism established under subsection (a) shall-- (1) streamline and integrate the various private sector liaison functions of United States development agencies; (2) facilitate the use of various development and finance tools across United States development agencies to attract greater private sector participation in development activities; and (3) establish a single point of contact for the private sector for partnership opportunities with United States development agencies. SEC. 6. INTEGRATING PRIVATE SECTOR CONSULTATION IN COUNTRY, SECTOR, AND GLOBAL DEVELOPMENT STRATEGIES. The Secretary and the Administrator shall direct their respective policy and country teams to include private sector consultation in all country, sector, and global development strategies, including integrated country strategies, regional and functional strategies, country development cooperation strategies, mission strategic resource plans, and global development strategies. SEC. 7. ANALYSIS OF CONSTRAINTS TO GROWTH AND INVESTMENT IN FOREIGN COUNTRIES AND SECTORS. (a) In General.--The Secretary and the Administrator shall ensure that independent constraints to growth and investment analyses are conducted as a component of all appropriate country, sector, and global development strategies. (b) Matters To Be Included.--The analysis required under subsection (a) shall include, at a minimum, an identification and analysis of-- (1) constraints posed by the inadequacies of critical infrastructure, rule of law, tax and investment codes, and customs and regulatory regimes of recipient countries, as appropriate; and (2) particular economic sectors that are central to achieving economic growth, such as agriculture, transportation, energy, and financial services. (c) Conduct.--The analysis required under subsection (a) shall be conducted by teams composed of representatives of United States development agencies, international organizations, the private sector, including representatives from commercial sectors of recipient countries, and other stakeholders. (d) Results.--The results of the analysis required under subsection (a) shall be incorporated into development strategies of United States development agencies and shall be used to inform and guide resource allocations. SEC. 8. REPORT. Not later than one year after the date of the enactment of this Act, the President shall transmit to the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives a report that describes the specific measures that have been taken to implement this Act and the outcomes that such measures are intended to produce. | Economic Growth and Development Act - Directs the President to establish an interagency mechanism to improve coordination of U.S. development programs with private sector investment activities. Directs the President and Administrator of the U.S. Agency for International Development (USAID) to: (1) direct their respective policy and country teams to include private sector consultation in all country, sector, and global development strategies; and (2) ensure that independent analyses of constraints to growth are conducted as a component of all appropriate country, sector, and global development strategies. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Governmentwide Mentor-Protege Program Act of 2001''. SEC. 2. MENTOR-PROTEGE PROGRAM. The Small Business Act (15 U.S.C. 631 et seq.) is amended-- (1) by redesignating section 36 as section 37; and (2) by inserting after section 35 the following: ``SEC. 36. MENTOR-PROTEGE PROGRAM. ``(a) Establishment of Program.--The Administrator shall establish a Program to be known as the `Governmentwide Mentor-Protege Program'. ``(b) Purposes.--The purposes of the Program are to provide-- ``(1) incentives for major Federal contractors to assist eligible small business concerns to enhance the capabilities of eligible small business concerns to perform as subcontractors and suppliers under Federal contracts in order to increase the participation of eligible small business concerns as subcontractors and suppliers under those contracts; and ``(2) Governmentwide criteria for partial reimbursement of certain agency costs incurred in the administration of the Program. ``(c) Program Participants.-- ``(1) Mentor firms.--A mentor firm may enter into agreements under subsection (e) and furnish assistance to eligible small business concerns upon making application to the head of the agency for which it is contracting and being approved for participation in the Program by the head of the agency. ``(2) Eligible small business concerns.-- ``(A) In general.--An eligible small business concern may obtain assistance from a mentor firm upon entering into an agreement with the mentor firm to become a protege firm, as provided in subsection (e). ``(B) Restriction.--A protege firm may not be a party to more than one agreement to receive assistance described in subparagraph (A) at any time. ``(3) Certification.-- ``(A) In general.--Before receiving assistance from a mentor firm under this section, a small business concern shall furnish to the mentor firm-- ``(i) if the Administration regularly issues certifications of qualification for the category of that small business concern listed in subsection (k)(1), that certification; and ``(ii) if the Administration does not regularly issue certifications of qualification for the category of that small business concern listed in subsection (k)(1), a statement indicating that it is an eligible small business concern. ``(B) Development of certification.--Nothing in this section shall be construed to require the Administration to develop a certification program for any category of small business concern listed in subsection (k)(1). ``(C) Assistance to non-eligible small business concern.--If at any time, a small business concern is determined by the Administration not to be an eligible small business concern in accordance with this section-- ``(i) the small business concern shall immediately notify the mentor firm of the determination; and ``(ii) assistance furnished to that small business concern by the mentor firm after the date of the determination may not be considered to be assistance furnished under the Program. ``(d) Mentor Firm Eligibility.-- ``(1) In general.--Subject to subsection (c)(1), a mentor firm that is eligible for award of Federal contracts may enter into an agreement with one or more protege firms under subsection (e) and provide assistance under the Program pursuant to that agreement, if the mentor firm demonstrates to the subject agency the capability to assist in the development of protege firms. ``(2) Presumption of capability.--A mentor firm shall be presumed to be capable under paragraph (1) if the total amount of contracts and subcontracts that the mentor firm has entered into with the subject agency exceeds an amount determined by the Administrator, in consultation with the head of the subject agency, to be significant relative to the contracting volume of the subject agency. ``(e) Mentor-Protege Agreement.-- ``(1) In general.--Before providing assistance to a protege firm under the Program, a mentor firm shall enter into a mentor-protege agreement with the protege firm regarding the assistance to be provided by the mentor firm. ``(2) Contents of agreement.--The agreement required by paragraph (1) shall include-- ``(A) a developmental program for the protege firm, in such detail as may be reasonable, including-- ``(i) factors to assess the developmental progress of the protege firm under the Program; and ``(ii) the anticipated number and type of subcontracts to be awarded to the protege firm; ``(B) a Program participation term of not longer than 3 years, except that the term may be for a period of not longer than 5 years if the Administrator determines, in writing, that unusual circumstances justify a Program participation term of longer than 3 years; and ``(C) procedures for the protege firm to terminate the agreement voluntarily and for the mentor firm to terminate the agreement for cause. ``(f) Forms of Assistance.--A mentor firm may provide to a protege firm-- ``(1) assistance using mentor firm personnel, in-- ``(A) general business management, including organizational management, financial management, and personnel management, marketing, business development, and overall business planning; ``(B) engineering and technical matters, including production, inventory control, and quality assurance; and ``(C) any other assistance designed to develop the capabilities of the protege firm under the developmental program referred to in subsection (e)(2)(A); ``(2) the award of subcontracts on a noncompetitive basis under Federal contracts; ``(3) progress payments for performance of the protege firm under a subcontract referred to in paragraph (2), in amounts as provided for in the subcontract, except that no such progress payment may exceed 100 percent of the costs incurred by the protege firm for the performance; ``(4) advance payments under subcontracts referred to in paragraph (2); ``(5) loans; ``(6) cash in exchange for an ownership interest in the protege firm, not to exceed 10 percent of the total ownership interest; ``(7) assistance obtained by the mentor firm for the protege firm from-- ``(A) small business development centers established pursuant to section 21; ``(B) entities providing procurement technical assistance pursuant to chapter 142 of title 10, United States Code; or ``(C) a historically Black college or university or a minority institution of higher education. ``(g) Incentives for Mentor Firms.-- ``(1) Reimbursement for progress or advance payment.--The head of the agency for which a mentor firm is contracting may provide to a mentor firm reimbursement for the total amount of any progress payment or advance payment made under the Program by the mentor firm to a protege firm in connection with a Federal contract awarded to the mentor firm. ``(2) Reimbursement for mentoring assistance.-- ``(A) Mentor firm.--The head of the agency for which a mentor firm is contracting may provide to a mentor firm reimbursement for the costs of the assistance furnished to a protege firm pursuant to paragraphs (1) and (7) of subsection (f), as provided for in a line item in a Federal contract under which the mentor firm is furnishing products or services to the agency, subject to a maximum amount of reimbursement specified in the contract, except that this subparagraph does not apply in a case in which the head of the agency determines in writing that unusual circumstances justify reimbursement using a separate contract. ``(B) Total amount of reimbursement.--The total amount reimbursed under subparagraph (A) to a mentor firm for costs of assistance furnished in a fiscal year to a protege firm may not exceed $1,000,000, except in a case in which the head of the subject agency determines in writing that unusual circumstances justify reimbursement of a higher amount. ``(C) Reimbursement to agency.--The head of an agency may submit documentation to the Administrator indicating the total amount of reimbursement that the agency paid to each mentor firm under this paragraph, and the agency shall be reimbursed by the Administration for not more than 50 percent of that total amount, as indicated in the documentation. ``(3) Costs not reimbursed.-- ``(A) In general.-- ``(i) Credit.--Costs incurred by a mentor firm in providing assistance to a protege firm that are not reimbursed pursuant to paragraph (2) shall be recognized as credit in lieu of subcontract awards for purposes of determining whether the mentor firm attains a subcontracting participation goal applicable to the mentor firm under a Federal contract or under a divisional or companywide subcontracting plan negotiated with an agency. ``(ii) Subject agency authority.--Clause (i) shall not be construed to authorize the negotiation of divisional or companywide subcontracting plans by an agency that did not have such authority before the date of enactment of the Governmentwide Mentor-Protege Program Act of 2001. ``(B) Amount of credit.--The amount of the credit given to a mentor firm for unreimbursed costs described in subparagraph (A) shall be equal to-- ``(i) 4 times the total amount of the unreimbursed costs attributable to assistance provided by entities described in subsection (f)(7); ``(ii) 3 times the total amount of the unreimbursed costs attributable to assistance furnished by the employees of the mentor firm; and ``(iii) 2 times the total amount of any other unreimbursed costs. ``(C) Adjustment of credit.--Under regulations issued by the Administrator pursuant to subsection (j), the head of the subject agency shall adjust the amount of credit given to a mentor firm pursuant to subparagraphs (A) and (B) of this paragraph, if the head of the subject agency determines that the performance of the mentor firm regarding the award of subcontracts to eligible small business concerns has declined without justifiable cause. ``(h) Administrative Provisions.-- ``(1) Developmental assistance.--For purposes of this Act, no determination of affiliation or control (either direct or indirect) may be found between a protege firm and its mentor firm on the basis that the mentor firm has agreed to furnish (or has furnished) to the protege firm pursuant to a mentor- protege agreement under this section any form of developmental assistance described in subsection (f). ``(2) Participation in program.--Notwithstanding section 8, the Administration may not determine an eligible small business concern to be ineligible to receive any assistance authorized under this Act on the basis that the small business concern has participated in the Program, or has received assistance pursuant to any developmental assistance agreement authorized under the Program. ``(3) Administration review.-- ``(A) In general.--Upon determining that the mentor-protege program administered by the subject agency conforms to the standards set forth in the rules issued under subsection (j)(1), the Administrator may not require a small business concern that is entering into, or has entered into, an agreement under subsection (e) as a protege firm, or a firm that makes an application under subsection (c)(1), to submit the application, agreement, or any other document required by the agency in the administration of the Program to the Administration for review, approval, or any other purpose. ``(B) Exception.--The Administrator may require submission for review of an agreement entered into under subsection (e), or application submitted under subsection (c)(1), if the agreement or application relates to-- ``(i) a mentor-protege program administered by the agency that does not conform to the standards set forth in the rules issued under subsection (j)(1); or ``(ii) a claim for reimbursement of costs submitted by an agency to the Administration under subsection (g)(2)(C) that the Administrator has reason to believe is not authorized under this section. ``(i) Participation in Program Not To Be a Condition for Award of a Contract or Subcontract.--A mentor firm may not require a small business concern to enter into an agreement with the mentor firm pursuant to subsection (e) as a condition for being awarded a contract by the mentor firm, including a subcontract under a contract awarded to the mentor firm. ``(j) Regulations.-- ``(1) Proposed rules.--Not later than 270 days after the date of enactment of the Governmentwide Mentor-Protege Program Act of 2001, the Administrator shall issue final rules to carry out this section. ``(2) Proposed rules from the federal acquisition regulatory council.--Not later than 180 days after the date of issuance of the final rules of the Administration under paragraph (1), the Federal Acquisition Regulatory Council shall publish final rules that conform to the final rules issued by the Administration. ``(k) Definitions.--In this section-- ``(1) the term `eligible small business concern' means-- ``(A) any qualified HUBZone small business concern, as defined in section 3(p)(5); ``(B) any small business concern that is owned and controlled by women, as defined in section 3(n); ``(C) any small business concern that is owned and controlled by socially and economically disadvantaged individuals, as defined in section 8(a)(4); and ``(D) any small business concern that is owned and controlled by service-disabled veterans, as defined in section 3(q)(2); ``(2) the term `historically Black college and university' means any of the historically Black colleges and universities referred to in section 2323 of title 10, United States Code; ``(3) the term `mentor firm' means a business concern that-- ``(A) meets the requirements of subsection (d); and ``(B) is approved for participation in the Program under subsection (c)(1); ``(4) the term `minority institution of higher education' means an institution of higher education with a student body that reflects the composition specified in paragraphs (3), (4), and (5) of section 312(b) of the Higher Education Act of 1965 (20 U.S.C. 1058(b)(3), (4), (5)); ``(5) the term `Program' means the Mentor-Protege Program established under this section; ``(6) the term `protege firm' means an eligible small business concern that receives assistance from a mentor firm under this section; and ``(7) the term `subcontracting participation goal', with respect to a Federal Government contract, means a goal for the extent of the participation by eligible small business concerns in the subcontracts awarded under such contract, as established by the Administrator and the subject agency head, in accordance with the goals established pursuant to section 15(g). ``(l) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $30,000,000 for each of fiscal years 2002 through 2004.''. | Governmentwide Mentor-Protege Program Act of 2001 - Amends the Small Business Act to direct the Administrator of the Small Business Administration to establish the Governmentwide Mentor-Protege Program under which major Federal contractors (mentor firms) assist eligible small businesses (protege firms) to perform as subcontractors and suppliers under Federal contracts. Requires a mentor-protege agreement regarding the assistance to be provided.Provides incentives for mentor firms to enter into such agreements, including reimbursement for progress or advance payments made to protege firms in connection with a Federal contract, as well as reimbursement for mentoring assistance (with a total reimbursement limit of $1 million per protege firm). Prohibits a mentor firm from requiring an eligible small business to enter into an agreement as a condition for the award of a contract or subcontract.Makes eligible for such Program: (1) any qualified HUBZone small business; and (2) any small business owned and controlled by women, socially and economically disadvantaged individuals, or service-disabled veterans. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Energy Savings Program Act''. SEC. 2. RURAL ENERGY SAVINGS PROGRAM. Subtitle E of title VI of the Farm Security and Rural Investment Act of 2002 (Public Law 107-71; 116 Stat. 424) is amended by adding at the end the following: ``SEC. 6407. RURAL ENERGY SAVINGS PROGRAM. ``(a) Purpose.--The purpose of this section is to create jobs, promote rural development, and help rural families and small businesses achieve cost savings by providing loans to qualified consumers to implement durable cost-effective energy efficiency measures. ``(b) Definitions.--In this section: ``(1) Eligible entity.--The term `eligible entity' means-- ``(A) any public power district, public utility district, or similar entity, or any electric cooperative described in section 501(c)(12) or 1381(a)(2) of the Internal Revenue Code of 1986, that borrowed and repaid, prepaid, or is paying an electric loan made or guaranteed by the Rural Utilities Service (or any predecessor agency); ``(B) any entity primarily owned or controlled by one or more entities described in subparagraph (A); or ``(C) any other entity that is an eligible borrower of the Rural Utility Service, as determined under section 1710.101 of title 7, Code of Federal Regulations (or a successor regulation). ``(2) Energy efficiency measures.--The term `energy efficiency measures' means, for or at property served by an eligible entity, structural improvements and investments in cost-effective, commercial technologies to increase energy efficiency. ``(3) Qualified consumer.--The term `qualified consumer' means a consumer served by an eligible entity that has the ability to repay a loan made under subsection (d), as determined by the eligible entity. ``(4) Secretary.--The term `Secretary' means the Secretary of Agriculture, acting through the Administrator of the Rural Utilities Service. ``(c) Loans to Eligible Entities.-- ``(1) In general.--Subject to paragraph (2), the Secretary shall make loans to eligible entities that agree to use the loan funds to make loans to qualified consumers for the purpose of implementing energy efficiency measures. ``(2) Requirements.-- ``(A) In general.--As a condition of receiving a loan under this subsection, an eligible entity shall-- ``(i) establish a list of energy efficiency measures that is expected to decrease energy use or costs of qualified consumers; ``(ii) prepare an implementation plan for use of the loan funds, including use of any interest to be received pursuant to subsection (d)(1)(A); ``(iii) provide for appropriate measurement and verification to ensure-- ``(I) the effectiveness of the energy efficiency loans made by the eligible entity; and ``(II) that there is no conflict of interest in carrying out this section; and ``(iv) demonstrate expertise in effective use of energy efficiency measures at an appropriate scale. ``(B) Revision of list of energy efficiency measures.--Subject to the approval of the Secretary, an eligible entity may update the list required under subparagraph (A)(i) to account for newly available efficiency technologies. ``(C) Existing energy efficiency programs.--An eligible entity that, at any time before the date that is 60 days after the date of enactment of this section, has established an energy efficiency program for qualified consumers may use an existing list of energy efficiency measures, implementation plan, or measurement and verification system of that program to satisfy the requirements of subparagraph (A) if the Secretary determines the list, plan, or systems are consistent with the purposes of this section. ``(3) No interest.--A loan under this subsection shall bear no interest. ``(4) Repayment.--With respect to a loan under paragraph (1)-- ``(A) the term shall not exceed 20 years from the date on which the loan is closed; and ``(B) except as provided in paragraph (6), the repayment of each advance shall be amortized for a period not to exceed 10 years. ``(5) Amount of advances.--Any advance of loan funds to an eligible entity in any single year shall not exceed 50 percent of the approved loan amount. ``(6) Special advance for start-up activities.-- ``(A) In general.--In order to assist an eligible entity in defraying the appropriate start-up costs (as determined by the Secretary) of establishing new programs or modifying existing programs to carry out subsection (d), the Secretary shall allow an eligible entity to request a special advance. ``(B) Amount.--No eligible entity may receive a special advance under this paragraph for an amount that is greater than 4 percent of the loan amount received by the eligible entity under paragraph (1). ``(C) Repayment.--Repayment of the special advance-- ``(i) shall be required during the 10-year period beginning on the date on which the special advance is made; and ``(ii) at the election of the eligible entity, may be deferred to the end of the 10- year period. ``(7) Limitation.--All special advances shall be made under a loan described in paragraph (1) during the first 10 years of the term of the loan. ``(d) Loans to Qualified Consumers.-- ``(1) Terms of loans.--Loans made by an eligible entity to qualified consumers using loan funds provided by the Secretary under subsection (c)-- ``(A) may bear interest, not to exceed 3 percent, to be used for purposes that include-- ``(i) to establish a loan loss reserve; and ``(ii) to offset personnel and program costs of eligible entities to provide the loans; ``(B) shall finance energy efficiency measures for the purpose of decreasing energy usage or costs of the qualified consumer by an amount that ensures, to the maximum extent practicable, that a loan term of not more than 10 years will not pose an undue financial burden on the qualified consumer, as determined by the eligible entity; ``(C) shall not be used to fund purchases of, or modifications to, personal property unless the personal property is or becomes attached to real property (including a manufactured home) as a fixture; ``(D) shall be repaid through charges added to the electric bill for the property for, or at which, energy efficiency measures are or will be implemented, on the condition that this requirement does not prohibit-- ``(i) the voluntary prepayment of a loan by the owner of the property; or ``(ii) the use of any additional repayment mechanisms that are-- ``(I) demonstrated to have appropriate risk mitigation features, as determined by the eligible entity; or ``(II) required if the qualified consumer is no longer a customer of the eligible entity; and ``(E) shall require an energy audit by an eligible entity to determine the impact of proposed energy efficiency measures on the energy costs and consumption of the qualified consumer. ``(2) Contractors.--In addition to any other qualified general contractor, eligible entities may serve as general contractors. ``(e) Contract for Measurement and Verification, Training, and Technical Assistance.-- ``(1) In general.--Not later than 90 days after the date of enactment of this section, the Secretary-- ``(A) shall establish a plan for measurement and verification, training, and technical assistance of the program; and ``(B) may enter into one or more contracts with a qualified entity for the purposes of-- ``(i) providing measurement and verification activities; and ``(ii) developing a program to provide technical assistance and training to the employees of eligible entities to carry out this section. ``(2) Use of subcontractors authorized.--A qualified entity that enters into a contract under paragraph (1) may use subcontractors to assist the qualified entity in carrying out the contract. ``(f) Fast Start Demonstration Projects.-- ``(1) In general.--The Secretary shall offer to enter into agreements with eligible entities (or groups of eligible entities) that have energy efficiency programs described in subsection (c)(2)(C) to establish an energy efficiency loan demonstration projects consistent with the purposes of this section. ``(2) Evaluation criteria.--In determining which eligible entities to award loans under this section, the Secretary shall take into consideration eligible entities that-- ``(A) implement approaches to energy audits and investments in energy efficiency measures that yield measurable and predictable savings; ``(B) use measurement and verification processes to determine the effectiveness of energy efficiency loans made by eligible entities; ``(C) include training for employees of eligible entities, including any contractors of such entities, to implement or oversee the activities described in subparagraphs (A) and (B); ``(D) provide for the participation of a majority of eligible entities in a State; ``(E) reduce the need for generating capacity; ``(F) provide efficiency loans to-- ``(i) in the case of a single eligible entity, not fewer than 20,000 consumers; or ``(ii) in the case of a group of eligible entities, not fewer than 80,000 consumers; and ``(G) serve areas in which, as determined by the Secretary, a large percentage of consumers reside-- ``(i) in manufactured homes; or ``(ii) in housing units that are more than 50 years old. ``(3) Deadline for implementation.--To the maximum extent practicable, the Secretary shall enter into agreements described in paragraph (1) by not later than 90 days after the date of enactment of this section. ``(4) Effect on availability of loans nationally.--Nothing in this subsection shall delay the availability of loans to eligible entities on a national basis beginning not later than 180 days after the date of enactment of this section. ``(5) Additional demonstration project authority.-- ``(A) In general.--The Secretary may conduct demonstration projects in addition to the project required by paragraph (1). ``(B) Inapplicability of certain criteria.--The additional demonstration projects may be carried out without regard to subparagraphs (D), (F), or (G) of paragraph (2). ``(g) Additional Authority.--The authority provided in this section is in addition to any other authority of the Secretary to offer loans under any other law. ``(h) Effective Period.--Subject to the availability of funds and except as otherwise provided in this section, the loans and other expenditures required to be made under this section shall be available until expended, with the Secretary authorized to make new loans as loans are repaid. ``(i) Regulations.-- ``(1) In general.--Except as otherwise provided in this subsection, not later than 180 days after the date of enactment of this section, the Secretary shall promulgate such regulations as are necessary to implement this section. ``(2) Procedure.--The promulgation of the regulations and administration of this section shall be made without regard to-- ``(A) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and ``(B) chapter 35 of title 44, United States Code (commonly known as the `Paperwork Reduction Act'). ``(3) Congressional review of agency rulemaking.--In carrying out this section, the Secretary shall use the authority provided under section 808 of title 5, United States Code. ``(4) Interim regulations.--Notwithstanding paragraphs (1) and (2), to the extent regulations are necessary to carry out any provision of this section, the Secretary shall implement such regulations through the promulgation of an interim rule.''. | Rural Energy Savings Program Act - Amends the Farm Security and Rural Investment Act of 2002 to direct the Secretary of Agriculture (USDA), through the Rural Utilities Service, to make interest-free loans to eligible entities (public power districts, public utility districts, or specified electric cooperatives that borrowed and repaid, prepaid, or are paying an electric loan made or guaranteed by the Rural Utilities Service) for loans to consumers to implement energy efficient measures. Provides a special advance for start-up activities. Authorizes the Secretary to contract with a qualified entity to provide verification and measurement activities and employee technical assistance and training. Directs the Secretary to offer to enter into agreements with eligible entities, or groups of eligible entities, that have specified energy efficiency programs to establish energy efficiency loan demonstration projects. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Patent Term Amendment Act of 1994''. SEC. 2. PATENT TERM. Section 154 of title 35, United States Code, is amended to read as follows: ``Sec. 154 Contents and term of patent ``(a) Every patent shall contain a short title of the invention and a grant to the patentee, his heirs or assigns, of the right to exclude others from making, using, or selling the invention throughout the United States and, if the invention is a process, of the right to exclude others from using or selling throughout the United States, or importing into the United States, products made by that process, referring to the specification for the particulars thereof. Subject to the payment of fees as provided for in this title, such grant shall be for a term beginning on the date on which the patent issues and ending twenty years from the date on which the application for the patent was filed in the United States or, if the application contains a specific reference to an earlier filed application or applications under sections 120, 121 or 365(c) of this title, from the date on which the earliest such application was filed. Priority under sections 119, 365(a) or 365(b) of this title shall not be taken into account in determining the term of a patent. A copy of the specification and drawings shall be annexed to the patent and be a part thereof. ``(b) Where the issuance of an original patent is delayed because of a proceeding under section 135(a) of this title or the application is placed under an order pursuant to section 181 of this title, the term of the patent shall be extended for the period of delay up to five years. Any and all extensions available under this subsection shall not extend the term of an original patent for more than five years.''. SEC. 3. ESTABLISHMENT OF A DOMESTIC PRIORITY SYSTEM. (a) Section 119 of title 35, United States Code, is amended to read as follows: ``Sec. 119 Benefit of earlier filing date; right of priority ``(a) An application for patent for an invention filed in this country by any person who has, or whose legal representatives or assigns have, previously filed an application for a patent for the same invention in a foreign country which affords similar privileges in the case of applications filed in the United States shall have the same effect as the same application would have if filed in this country on the date on which the application for patent for the same invention was first filed in such foreign country, if the application in this country is filed within twelve months from the earliest date on which such foreign application was filed; but no patent shall be granted on any application for patent for an invention which had been patented or described in a printed publication in any country more than one year before the date of the actual filing of the application in this country, or which had been in public use or on sale in this country more than one year prior to such filing. ``(b) No application for patent shall be entitled to a right of priority under subsection (a) unless a claim therefor and a certified copy of the original foreign application, specification and drawings upon which it is based are filed in the Patent and Trademark Office before the patent is granted, or at such time during the pendency of the application as required by the Commissioner not earlier than six months after the filing of the application in this country. Such certification shall be made by the patent office of the foreign country in which filed and show the date of the application and of the filing of the specification and other papers. The Commissioner may require a translation of the papers filed if not in the English language and such other information as he deems necessary. ``(c) In like manner and subject to the same conditions and requirements, the right provided under subsection (a) may be based upon a subsequent regularly filed application in the same foreign country instead of the first filed foreign application, provided that any foreign application has been withdrawn, abandoned, or otherwise disposed of, without having been laid open to public inspection and without leaving any rights outstanding, and has not served, nor thereafter shall serve, as a basis for claiming a right of priority. ``(d) Applications for inventor's certificates filed in a foreign country in which applicants have a right to apply, at their discretion, either for a patent or for an inventor's certificate shall be treated in this country in the same manner and have the same effect for purpose of the right of priority under subsection (a) as applications for patents, subject to the same conditions and requirements of this section as apply to applications for patents, provided such applicants are entitled to the benefits of the Stockholm Revision of the Paris Convention at the time of such filing. ``(e) An application for patent filed under sections 111(a) or 363 of this title for an invention disclosed in the manner provided by the first paragraph of section 112 of this title in a provisional application filed under section 111(b) of this title, by an inventor or inventors named in the provisional application shall have the same effect, as to such invention, as though filed on the date of the provisional application filed under section 111(b) of this title, if the application for patent filed under sections 111(a) or 363 of this title is filed within twelve months from the date on which the provisional application was filed and if it contains or is amended to contain a specific reference to the provisional application. A provisional application filed under section 111(b) of this title may not be relied upon in any proceeding in the Patent and Trademark Office unless the fee set forth in subsections 41(a)(1) (A) or (C) has been paid and the provisional application was pending on the filing date of the application for patent under sections 111(a) or 363 of this title.''. (b) Section 41(a)(1) of title 35, United States Code, is amended to include a new subparagraph c, as follows: ``c. On filing each provisional application for an original patent, $150.00.''. (c) Section 111 of title 35, United States Code, is amended to read as follows: ``Sec. 111 Application ``(a) Application for patent shall be made, or authorized to be made, by the inventor, except as otherwise provided in this title, in writing to the Commissioner. Such application shall include (1) a specification as prescribed by section 112 of this title; (2) a drawing as prescribed by section 113 of this title; and (3) an oath by the applicant as prescribed by section 115 of this title. The application must be accompanied by the fee required by law. The fee and oath may be submitted after the specification and any required drawing are submitted, within such period and under such conditions, including the payment of a surcharge, as may be prescribed by the Commissioner. Upon failure to submit the fee and oath within such prescribed period, the application shall be regarded as abandoned, unless it is shown to the satisfaction of the Commissioner that the delay in submitting the fee and oath was unavoidable or unintentional. The filing date of an application shall be the date on which the specification and any required drawing are received in the Patent and Trademark Office. ``(b)(1) A provisional application for patent shall be made, or authorized to be made, by the inventor, in accordance with regulations prescribed by the Commissioner. Such application shall include (A) a specification as prescribed by the first paragraph of section 112 of this title; and (B) a drawing as prescribed by section 113 of this title. A claim shall not be required in a provisional application. The application must be accompanied by the fee required by law. The fee may be submitted after the specification and any required drawing are submitted, within such period and under such conditions, including the payment of a surcharge, as may be prescribed by the Commissioner. Upon failure to submit the fee within such prescribed period, the application shall be regarded as abandoned, unless it is shown to the satisfaction of the Commissioner that the delay in submitting the fee was unavoidable or unintentional. The filing date of a provisional application shall be the date on which the specification and any required drawing are received in the Patent and Trademark Office. The provisional application shall be regarded as abandoned twelve months after its filing date and shall not be subject to revival thereafter. Subject to all the conditions in this subsection, subsections 111(b)(2) and 119(e) and as prescribed by the Commissioner, an application for patent filed under section 111(a) of this title may be treated as a provisional application for patent. ``(2) A provisional application shall not be entitled to the right of priority of any other application under sections 119 or 365(a) of this title or the benefit of an earlier filing date in the United States under sections 120, 121 or 365(c) of this title. ``(3) The provisions of this title relating to applications for patent shall be applicable to provisional applications for patent, except as otherwise provided and except that provisional applications for patent shall not be subject to sections 115, 131, 135 and 157 of this title.''. SEC. 4. CONFORMING CHANGES. (a) The table of sections for chapter 11 of title 35, United States Code, is amended in the item relating to section 111 by deleting ``for patent'' and in the item relating to section 119 by deleting ``in foreign country.'' (b) Section 156 of title 35, United States Code, is amended by adding ``under subsection (e)(1) of this section'' after ``extended'' in subsection (a)(2). (c) Section 172 of title 35, United States Code, is amended by changing ``section 119'' to ``subsections 119(a) through 119(d)''. Further, ``The right of priority provided for by subsection 119(e) of this title shall not apply to designs.'' has been added as a second sentence. (d) Section 173 of title 35, United States Code, is amended by adding ``from the date of grant'' after ``years.'' (e) Subsection 365(a) of title 35, United States Code, is amended by changing ``section 119'' to ``subsections 119(a) through 119(d)'' and subsection 365(b) of title 35, United States Code, is amended by changing ``the first paragraph of section 119'' to ``subsection 119(a).'' (f) Subsection 373 of title 35, United States Code, is amended by changing ``section 119'' to ``subsections 119(a) through 119(d)''. SEC. 5. EFFECTIVE DATE. Sections 2 through 4 shall take effect six months from the date of enactment and shall apply to all applications filed in the United States on or after the effective date. The term of a patent granted on a plant or utility application that is filed after the effective date and that contains a specific reference to an earlier filed application under the provisions of sections 120, 121 or 365(c) of title 35 shall be measured from the filing date of the earliest filed application, a reference to which is made under sections 120, 121 or 365(c) of this title. | Patent Term Amendment Act of 1994 - Revises Federal patent law to establish a 20-year patent term from the date of filing. Provides that, where the issuance of an original patent is delayed because of a proceeding regarding situations where a patent application would interfere with a pending application or with an unexpired patent, the term of the patent shall be extended for the period of delay up to five years. Sets forth provisions with respect to the filing of a provisional application for a patent. Specifies that a provisional application shall not be entitled to the right of priority of any other application or the benefit of an earlier filing date in the United States. Directs the Commissioner of the Patent and Trademark Office to charge a $150 filing fee on each provisional application for an original patent. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe, Flexible, and Efficient Trucking Act of 2015''. SEC. 2. MODERNIZED WEIGHT LIMITATIONS FOR CERTAIN VEHICLES. Section 127 of title 23, United States Code, is amended by adding at the end the following: ``(m) Additional Exception to Weight Requirements.-- ``(1) In general.--Notwithstanding subsection (a), a State may authorize a vehicle with a maximum gross weight, including all enforcement tolerances, that exceeds the maximum gross weight otherwise applicable under subsection (a) to operate on Interstate System routes in the State, if-- ``(A) the vehicle is equipped with at least 6 axles; ``(B) the weight of any single axle on the vehicle does not exceed 20,000 pounds, including enforcement tolerances; ``(C) the weight of any tandem axle on the vehicle does not exceed 34,000 pounds, including enforcement tolerances; ``(D) the weight of any group of 3 or more axles on the vehicle does not exceed 51,000 pounds, including enforcement tolerances; ``(E) the gross weight of the vehicle does not exceed 91,000 pounds, including enforcement tolerances; and ``(F) the vehicle complies with the bridge formula in subsection (a)(2) of this section. ``(2) Special rules.-- ``(A) Other exceptions not affected.--This subsection shall not restrict-- ``(i) a vehicle that may operate under any other provision of this section or another Federal law; or ``(ii) a State's authority with respect to a vehicle that may operate under any other provision of this section or another Federal law. ``(B) Means of implementation.--A State may implement this subsection by any means, including statute or rule of general applicability, by special permit, or otherwise. ``(3) Additional equipment.-- ``(A) In general.--The Secretary may issue such regulations as are necessary to require a vehicle operating pursuant to this subsection to include 1 item of additional equipment not otherwise required by law. The Secretary may issue such regulations only if the equipment item to be required is available at the time a rule is proposed. ``(B) Comment.--In issuing regulations pursuant to this paragraph, the Secretary shall invite comment on the effective date of any proposed equipment requirement. ``(C) Limited authority.--The authority to issue regulations pursuant to this paragraph applies only to a rule that is published as a final rule in the Federal Register not later than the date that is 6 months after the date of enactment of this subsection. ``(4) Reporting requirements.-- ``(A) Triennial report.--If a State, pursuant to paragraph (1), authorizes vehicles described in such paragraph to operate on Interstate System routes in the State, the State shall submit to the Secretary a triennial report containing-- ``(i) an identification of highway routes in the State, including routes not on the Interstate System, on which the State so authorizes such vehicles to operate; ``(ii) a description of any gross vehicle weight limit applicable to such vehicles so authorized and of any operating requirements applicable to such vehicles that are in addition to requirements applicable to all commercial motor vehicles; ``(iii) the number of crashes that occurred in the State involving such vehicles so authorized on the Interstate System, the number of such crashes involving fatalities, and the number of such crashes involving non-fatal injuries; ``(iv) estimated vehicle miles traveled on the Interstate System in the State by such vehicles so authorized; and ``(v) other information, such as the gross vehicle weight of a vehicle operating pursuant to the authority of this subsection at the time of a crash, as the Secretary and the State jointly determine necessary. ``(B) Public availability.--The Secretary shall make all information required under subparagraph (A) available to the public. ``(5) Termination as to route segment.--The Secretary may terminate the operation of vehicles authorized by a State under this subsection on a specific Interstate System route segment if, after the effective date of a decision of a State to allow vehicles to operate pursuant to paragraph (1), the Secretary determines that such operation poses an unreasonable safety risk based on an engineering analysis of the route segment or an analysis of safety or other applicable data from the route segment. ``(6) Waiver of highway funding reduction.--Notwithstanding subsection (a), the total amount of funds apportioned to a State under section 104(b)(1) for any period may not be reduced under subsection (a) if the State authorizes a vehicle described in paragraph (1) to operate on the Interstate System in the State in accordance with this subsection. ``(7) Preserving state and local authority regarding non- interstate system highways.--Subsection (b) of this section shall not apply to motor vehicles operating on the Interstate System solely under the authority provided by this subsection.''. | Safe, Flexible, and Efficient Trucking Act of 2015 This bill allows a state to authorize a vehicle with a maximum gross weight (including enforcement tolerances) exceeding certain federal weight limitations to operate on Interstate Highway System routes in the state if: the vehicle is equipped with at least six axles, the weight of any single axle does not exceed 20,000 pounds, the weight of any tandem axle does not exceed 34,000 pounds, the weight of any group of 3 or more axles does not exceed 51,000 pounds, the gross weight of the vehicle does not exceed 91,000 pounds, and the vehicle complies with a specified bridge formula. The Department of Transportation may issue regulations necessary to require such a vehicle to include one item of additional equipment not otherwise required by law, but only if the equipment item is available at the time the rule is proposed. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Transforming Energy Now Act of 2006''. SEC. 2. FINDINGS. Congress finds that-- (1) the United States is dangerously dependent on foreign oil; (2) as of April 2006, the United States imported nearly 60 percent of the oil used in the United States, and that percentage is expected to increase to almost 70 percent by 2025 unless the United States takes decisive action; (3) approximately 2,500,000 barrels of oil per day are imported from countries in the Persian Gulf region; (4) oil imports comprise nearly 30 percent of the dangerously high trade deficit of the United States; (5) it is feasible to dramatically reduce the dependence of the United States on foreign oil by increasing production and commercialization of alternative liquid fuels; (6) as of April 2006, only 4 percent of the total gasoline sold was derived from renewable fuel, including 4,000,000,000 gallons of ethanol production; (7) at the current rate of renewable fuel production growth, the United States will increase its production of ethanol by approximately 1,000,000,000 gallons a year, resulting in the annual production of 14,000,000,000 gallons of ethanol in the United States by 2016; (8) at the current increase of renewable fuel production capacity, the United States will produce 10,000,000,000 gallons of ethanol by 2012, easily surpassing the current renewable fuels mandate required by the Energy Policy Act of 2005; (9) an aggressive schedule of renewable fuels production will lessen the United States dependence on foreign oil; (10) 10 percent of the Nation's motor vehicle fuel supply should be renewable by 2016; and (11) setting a goal of 19,000,000,000 gallons of ethanol by 2016 would require an aggressive increase in renewable fuels production without requiring significant ethanol imports. SEC. 3. ETHANOL AND BIODIESEL FUEL REQUIREMENTS. (a) In General.--Section 211(o)(2)(B) of the Clean Air Act (42 U.S.C. 7545 (o)(2)(B)) is amended to read as follows: ``(B) Minimum percentage.--Motor vehicle fuel sold or introduced into commerce in the United States (except in noncontiguous States or territories) after December 31, 2015, shall contain, in the aggregate, not less than 10 percent renewable fuel, by volume.''. (b) Rulemaking.--Not later than 1 year after the date of the enactment of this Act, the Administrator shall promulgate regulations to carry out the amendment made by subsection (a). SEC. 4. INCREASE IN ALTERNATIVE FUEL VEHICLE REFUELING PROPERTY CREDIT. (a) In General.--Section 30C(a) of the Internal Revenue Code of 1986 is amended by striking ``30 percent'' and inserting ``50 percent''. (b) Effective Date.--The amendment made by subsection (a) shall apply to property placed in service after December 31, 2005, in taxable years ending after such date. SEC. 5. USE OF CAFE PENALTIES TO BUILD ALTERNATIVE FUELING INFRASTRUCTURE. Section 32912 of title 49, United States Code, is amended by adding at the end the following: ``(e) Alternative Fueling Infrastructure Grant Program.-- ``(1) Trust fund.-- ``(A) Establishment.--There is established in the Treasury of the United States a trust fund, to be known as the Alternative Fueling Infrastructure Trust Fund (referred to in this subsection as the `Trust Fund'), consisting of such amounts as are deposited into the Trust Fund under subparagraph (B) and any interest earned on investment of amounts in the Trust Fund. ``(B) Transfers of civil penalties.--The Secretary of Transportation shall remit 90 percent of the amount collected in civil penalties under this section to the Trust Fund. ``(2) Establishment of grant program.--The Secretary of Energy shall obligate such sums as are available in the Trust Fund to establish a grant program to increase the number of locations at which consumers may purchase alternative transportation fuels. ``(3) Grant recipients.-- ``(A) In general.--The Secretary of Energy may award grants under this paragraph, to-- ``(i) individual fueling stations in an amount not greater than $150,000 per site or $500,000 per entity; and ``(ii) corporations (including nonprofit corporations) with demonstrated experience in the administration of grant funding for the purpose of alternative fueling infrastructure. ``(B) Priority.--In awarding grants under this paragraph, the Secretary of Energy shall-- ``(i) give priority to recognized non- profit corporations that have proven experience and demonstrated technical expertise in the establishment of alternative fueling infrastructure; ``(ii) consider the number of vehicles produced for sale in the preceding production year capable of using each specific type of alternative fuel; and ``(iii) identify 1 primary group per alternative fuel. ``(4) Use of funds.-- ``(A) In general.--Grant funds received under this subsection may be used to-- ``(i) construct new facilities to dispense alternative fuels; ``(ii) purchase equipment to upgrade, expand, or otherwise improve existing alternative fuel facilities; or ``(iii) purchase equipment or pay for specific turnkey fueling services by alternative fuel providers. ``(B) Matching requirement.--The Secretary of Energy may not award a grant under this paragraph unless the grant recipient agrees to provide $1 of non- Federal contributions for every $3 of grant funds received under this paragraph. In no case may administrative expenses exceed 10 percent of any total award that may be provided. ``(5) Selection of alternative fuel stations.--Each grant recipient shall select the locations for each alternative fuel station to be constructed with grant funds received under this paragraph on a formal, open, and competitive basis, based on-- ``(A) the public demand for each alternative fuel in a particular county based on state registration records showing the number of vehicles that can be operated with alternative fuel; and ``(B) the opportunity to create or expand corridors of alternative fuel stations along interstate or State highways. ``(6) Operation of alternative fuel stations.--Facilities constructed or upgraded with grant funds received under this subsection shall-- ``(A) provide alternative fuel available to the public for a period of not less than 4 years; ``(B) establish a marketing plan to advance the sale and use of alternative fuels; ``(C) prominently display the price of alternative fuel on the marquee and in the station; ``(D) provide point of sale materials on alternative fuel; ``(E) clearly label the dispenser with consistent materials; ``(F) price the alternative fuel at the same margin that is received for unleaded gasoline; and ``(G) support and use all available tax incentives to reduce the cost of the alternative fuel to the lowest possible retail price. ``(7) Notification requirements.-- ``(A) Opening.--Not later than the date on which each alternative fuel station begins to offer alternative fuel to the public, the grant recipient that used grant funds to construct such station shall notify the Secretary of Energy of such opening. The Secretary of Energy shall add each new alternative fuel station to the alternative fuel station locator on its Website when it receives notification under this subparagraph. ``(B) Semi-annual report.--Not later than 6 months after the receipt of a grant award under this subsection, and every 6 months thereafter, each grant recipient shall submit a report to the Secretary of Energy that describes-- ``(i) the status of each alternative fuel station constructed with grant funds received under this subsection; ``(ii) the amount of alternative fuel dispensed at each station during the preceding 6-month period; and ``(iii) the average price per gallon of the alternative fuel sold at each station during the preceding 6-month period. ``(8) Alternative fuel defined.--For the purposes of this subsection, the term `alternative fuel' means-- ``(A) any fuel of which at least 85 percent (or such percentage, but not less than 70 percent, as determined by the Secretary, by rule, to provide for requirements relating to cold start, safety, or vehicle functions) of the volume consists of ethanol, natural gas, compressed natural gas, liquefied natural gas, liquefied petroleum gas, or hydrogen; or ``(B) any mixture of biodiesel and diesel fuel determined without regard to any use of kerosene that contains at least 20 percent biodiesel.''. SEC. 6. LOW-INTEREST LOAN AND GRANT PROGRAM FOR RETAIL DELIVERY OF E-85 FUEL. (a) Purposes of Loans.--Section 312(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1942(a)) is amended-- (1) in paragraph (9)(B)(ii), by striking ``or'' at the end; (2) in paragraph (10), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(11) building infrastructure, including pump stations, for the retail delivery to consumers of any fuel that contains not less than 85 percent ethanol, by volume.''. (b) Program.--Subtitle B of the Consolidated Farm and Rural Development Act (7 U.S.C. 1941 et seq.) is amended by adding at the end the following: ``SEC. 320. LOW-INTEREST LOAN AND GRANT PROGRAM FOR RETAIL DELIVERY OF E-85 FUEL. ``(a) In General.--The Secretary shall establish a low-interest loan and grant program to assist farmer-owned ethanol producers (including cooperatives and limited liability corporations) to develop and build infrastructure, including pump stations, that is directly related to the retail delivery to consumers of any fuel that contains not less than 85 percent ethanol, by volume. ``(b) Loan Terms.-- ``(1) Amortization.--The repayment of a loan received under this section shall be amortized over the expected life of the infrastructure project that is being financed with the proceeds of the loan. ``(2) Interest rate.--The annual interest rate of a loan received under this section shall be fixed at not more than 5 percent. ``(c) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.''. (c) Regulations.--As soon as practicable after the date of the enactment of this Act, the Secretary of Agriculture shall promulgate such regulations as are necessary to carry out the amendments made by this section. | Transforming Energy Now Act of 2006 - Amends the Clean Air Act to establish a 10% minimum renewable fuel requirement for motor vehicle fuel sold in the United States after 2015. Amends the Internal Revenue Code to increase from 30 to 50% the tax credit rate for alternative fuel vehicle refueling property costs (service stations capable of dispensing alternative fuels to retail consumers). Establishes in the Treasury the Alternative Fueling Infrastructure Trust Fund to provide grants to increase the number of retail service stations dispensing alternative transportation fuels. Directs the Secretary of Transportation to transfer 90% of civil penalties for noncompliance with automobile fuel economy standards to the Trust Fund to finance such grant program. Amends the Consolidated Farm and Rural Development Act to provide low-interest loans to build service stations which dispense E-85 (85% ethanol content) fuel to retail consumers. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Forest Service Flexible Partnerships Act of 2017''. SEC. 2. AUTHORIZATION FOR LEASE OF FOREST SERVICE SITES. (a) Definitions.--In this Act: (1) Administrative site.-- (A) In general.--The term ``administrative site'' means-- (i) any facility or improvement, including curtilage, that was acquired or is used specifically for purposes of administration of the National Forest System; (ii) any Federal land that-- (I) is associated with a facility or improvement described in clause (i) that was acquired or is used specifically for purposes of administration of Forest Service activities; and (II) underlies or abuts the facility or improvement; and (iii) for each fiscal year, not more than 10 isolated, undeveloped parcels of not more than 40 acres each. (B) Exclusions.--The term ``administrative site'' does not include-- (i) any land within a unit of the National Forest System that is exclusively designated for natural area or recreational purposes; (ii) any land within-- (I) a component of the National Wilderness Preservation System; (II) a component of the National Wild and Scenic Rivers System; or (III) a National Monument; or (iii) any Federal land that the Secretary determines-- (I) is needed for resource management purposes or to provide access to other land or water; or (II) would be in the public interest not to lease. (2) Facility or improvement.--The term ``facility or improvement'' includes-- (A) a forest headquarters; (B) a ranger station; (C) a research station or laboratory; (D) a dwelling; (E) a warehouse; (F) a scaling station; (G) a fire-retardant mixing station; (H) a fire-lookout station; (I) a guard station; (J) a storage facility; (K) a telecommunication facility; and (L) any other administrative installation for conducting Forest Service activities. (3) Market analysis.--The term ``market analysis'' means the identification and study of the market for a particular economic good or service. (4) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (b) Authorization.--The Secretary may lease an administrative site that is under the jurisdiction of the Secretary in accordance with this Act. (c) Identification of Eligible Sites.--A regional forester, in consultation with forest supervisors in the region, may submit to the Secretary a recommendation for administrative sites in the region that the regional forester considers eligible for leasing under this Act. (d) Consultation With Local Government and Public Notice.--Before making an administrative site available for lease under this Act, the Secretary shall-- (1) consult with local governmental officials of the community, and governmental officials of the State, in which the administrative site is located; and (2) provide public notice of the proposed lease. (e) Lease Requirements.-- (1) Size.--An administrative site or compound of administrative sites under a single lease under this Act may not exceed 40 acres. (2) Configuration of administrative sites.-- (A) In general.--To facilitate the lease of an administrative site under this Act, the Secretary may configure the administrative site-- (i) to maximize the marketability of the administrative site; and (ii) to achieve management objectives. (B) Separate treatment of facility or improvement.--A facility or improvement on an administrative site to be leased under this Act may be severed from the land and leased under a separate lease under this Act. (3) Consideration.-- (A) In general.--A person to which a lease of an administrative site is made under this Act shall provide to the Secretary consideration described in subparagraph (B) in an amount that is not less than the market value of the administrative site, as determined in accordance with subparagraph (C). (B) Form of consideration.--The consideration referred to in subparagraph (A) may be-- (i) cash; (ii) in-kind, including-- (I) the construction of new facilities or improvements, title to which the lessee transfers to the Secretary, for use by the Secretary; (II) the maintenance, repair, improvement, or restoration of existing facilities or improvements; and (III) other services relating to activities that occur on the administrative site as the Secretary considers appropriate; or (iii) any combination of the consideration described in clauses (i) and (ii). (C) Determination of market value.-- (i) In general.--The Secretary shall determine the market value of an administrative site to be leased under this Act-- (I) by conducting an appraisal in accordance with-- (aa) the Uniform Appraisal Standards for Federal Land Acquisitions established in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.); and (bb) the Uniform Standards of Professional Appraisal Practice; or (II) by competitive lease. (ii) In-kind consideration.--The Secretary shall determine the market value of any in-kind consideration under subparagraph (B)(ii) by a process determined by the Secretary to be appropriate for the form of the in-kind consideration. (4) Conditions.--The lease of an administrative site under this Act shall be subject to such conditions, including bonding, as the Secretary determines to be appropriate. (f) Relation to Other Laws.-- (1) Federal property disposal.--Chapter 5 of subtitle I of title 40, United States Code, shall not apply to the lease of an administrative site under this Act. (2) Lead-based paint and asbestos abatement.-- (A) In general.--Notwithstanding any provision of law relating to the mitigation or abatement of lead- based paint or asbestos-containing building materials, the Secretary shall not be required to mitigate or abate lead-based paint or asbestos-containing building materials with respect to an administrative site to be leased under this Act. (B) Procedures.--With respect to an administrative site to be leased under this Act that has lead-based paint or asbestos-containing building materials, the Secretary shall-- (i) provide notice to the person to which the administrative site will be leased of the presence of the lead-based paint or asbestos- containing building material; and (ii) obtain written assurance from that person that the person will comply with applicable Federal, State, and local laws relating to the management of lead-based paint and asbestos-containing building materials. (3) Environmental review.--The National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall apply to the lease of an administrative site under this Act, except that, in any environmental review or analysis required under that Act for the lease of an administrative site under this Act, the Secretary shall be required only-- (A) to analyze the most reasonably foreseeable use of the administrative site, as determined through a market analysis; (B) to determine whether to include any conditions under subsection (e)(4); and (C) to evaluate the alternative of not leasing the administrative site in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (g) Use of Consideration.--Cash consideration for a lease of an administrative site under this Act shall be available to the Secretary, until expended and without further appropriation, to pay-- (1) any necessary and incidental costs incurred by the Secretary in connection with-- (A) the acquisition, improvement, maintenance, reconstruction, or construction of a facility or improvement for the National Forest System; and (B) the lease of an administrative site under this Act; and (2) reasonable commissions or fees for brokerage services obtained in connection with the lease, subject to the conditions that the Secretary-- (A) determines that the services are in the public interest; and (B) shall provide public notice of any brokerage services contract entered into in connection with a lease under this Act. (h) Congressional Notifications.-- (1) Anticipated use of authority.--As part of the annual budget justification documents provided to the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate, the Secretary shall include-- (A) a list of the anticipated leases to be made, including the anticipated revenue that may be obtained, under this Act; (B) a description of the intended use of any revenue obtained under a lease under this Act, including a list of any projects that cost more than $500,000; and (C) a description of accomplishments during previous years using the authority of the Secretary under this Act. (2) Changes to lease list.--If the Secretary desires to lease an administrative site under this Act that is not included on a list provided under paragraph (1)(A), the Secretary shall submit to the congressional committees described in paragraph (3) a notice of the proposed lease, including the anticipated revenue that may be obtained from the lease. (3) Use of authority.--Not less frequently than once each year, the Secretary shall submit to the Committee on Agriculture, the Committee on Appropriations, and the Committee on Natural Resources of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry, the Committee on Appropriations, and the Committee on Energy and Natural Resources of the Senate a report describing each lease made by the Secretary under this Act during the period covered by the report. (i) Expiration of Authority.-- (1) In general.--The authority of the Secretary to enter into a lease agreement for an administrative site under this Act expires on September 30, 2027. (2) Effect on lease agreement.--Any lease agreement entered into by the Secretary under this Act before the date of the expiration of authority under paragraph (1) shall not be affected by that expiration of authority. | Forest Service Flexible Partnerships Act of 2017 This bill authorizes the Department of Agriculture (USDA) to lease as an administrative site, for consideration that is at least the market value of the site: any facility or improvement that was acquired or is used for the administration of the National Forest System (NFS); any federal land associated with such a facility or improvement that was acquired or is used for the administration of Forest Service activities and underlies or abuts such facility or improvement; or per fiscal year, no more than 10 isolated, undeveloped parcels no larger than 40 acres each. The bill makes the National Environmental Policy Act of 1969 applicable to the leasing of administrative sites, subject to an exception. Cash consideration for an administrative site shall be available to USDA to pay: necessary and incidental costs incurred in acquiring, improving, maintaining, reconstructing, or constructing a facility or improvement for the NFS and the lease of such site; and reasonable commissions or fees for brokerage services obtained regarding the lease. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``National Fishery Mitigation Coordination Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The operation of dams and other water diversion projects are for the benefit of the American public. The construction and operation of these Federal water resource development projects have had impacts on many water systems and their respective fish populations, resulting in the need to build and operate fish hatcheries to mitigate for aquatic resources affected by these projects. (2) In accordance with the Fish and Wildlife Act of 1956 (16 U.S.C. 742(a)-754), the Fish and Wildlife Coordination Act (16 U.S.C. 661-667(e)), the Watershed Protection and Flood Prevention Act (16 U.S.C. 1001-1009), and the National Environmental Policy Act (42 U.S.C. 4321-4347), the Service has established policy (501 FW 2) to seek to mitigate for fish, wildlife, and their habitats, and uses thereof, from the effects of land and water developments. (3) The United States Fish and Wildlife Service currently operates nearly 40 fish hatcheries that are involved in mitigation fishery activities related to construction and operation of Federal water resource development projects. (4) Mitigation fishery activities conducted by the Service at these facilities are highly valued by the State and Indian tribal partners, and the fishing community. (5) Inconsistency in authorities, which now number over 200, to construct and operate Federal water resource development projects have led to myriad mechanisms for funding and conducting Federal mitigation fishery activities. In most cases Federal water project sponsors fund mitigation fishery costs. In some cases the Service expends its appropriations to offset mitigation fishery costs. (6) The Service is the Federal agency through which a sponsor agency will negotiate to provide goods and services to augment fisheries to compensate for the impact of Federal water development projects on aquatic resources. (7) The sponsor agency should bear the financial responsibility for mitigation fishery costs incurred by the Service. SEC. 3. FISH HATCHERIES. A sponsor agency shall enter into an agreement with the Service described in section 5 to pay the cost that fish hatcheries that conduct mitigation activities incur, including the following: (1) Arizona--Willow Beach, National Fish Hatchery. (2) Arkansas-- (A) Greers Ferry, National Fish Hatchery; and (B) Norfolk, National Fish Hatchery. (3) California--Tehama-Colusa Fish Facility. (4) Colorado--Hotchkiss, National Fish Hatchery. (5) Georgia--Chattahoochee Forest, National Fish Hatchery. (6) Kentucky--Wolf Creek, National Fish Hatchery. (7) Missouri--Neosho, National Fish Hatchery. (8) Montana--Ennis, National Fish Hatchery. (9) Nevada--Lahontan, National Fish Hatchery. (10) North Dakota-- (A) Garrison Dam, National Fish Hatchery; and (B) Valley City, National Fish Hatchery. (11) Oklahoma--Tishomingo, National Fish Hatchery. (12) South Dakota--Gavins Point, National Fish Hatchery. (13) Tennessee-- (A) Dale Hollow, National Fish Hatchery; and (B) Erwin, National Fish Hatchery. (14) Utah--Jones Hole, National Fish Hatchery. (15) Wyoming--Jackson, National Fish Hatchery. SEC. 4. DEFINITIONS. For this Act, the following definitions apply: (1) Sponsor agency.--The term ``sponsor agency'' means the United States Army Corps of Engineers, the Bureau of Reclamation, or the Tennessee Valley Authority. (2) Service.--The term ``Service'' means the United States Fish and Wildlife Service. (3) Mitigation fisheries.--The term ``mitigation fisheries'' means fisheries augmented by hatchery fish to compensate for the impacts of Federal water development projects on aquatic resources. (4) Mitigation fishery activities.--The term ``mitigation fishery activities'' means rearing and stocking of native and nonnative fish to replace or maintain harvest levels lost as a result of Federal water resource development projects and includes project planning and evaluation. (5) Mitigation fishery costs.--The term ``mitigation fishery costs'' means the expenditures necessary to operate, maintain, and rehabilitate facilities to conduct mitigation fishery activities, and include: personnel, transportation, utilities, contractual services, fish feed, supplies, equipment, routine maintenance, deferred maintenance, fish eggs, technical support, fish health, management and administration, planning, and evaluation. (6) Mitigation fishery facility.--The term ``mitigation fishery facility'' means facilities owned and operated by the United States Fish and Wildlife Service through the National Fish Hatchery System for the purpose, either wholly or in part, of conducting mitigation fishery activities. (7) Fishery mitigation plan.--The term ``fishery mitigation plan'' refers to a resource management plan developed between the United States Fish and Wildlife Service and one or more sponsor agencies, and in cooperation and coordination with affected States and Indian Tribes, that describes the long-term goals and annual targets for conducting mitigation fishery activities. A fishery mitigation plan shall be approved in advance by a sponsor agency and the Service. SEC. 5. MITIGATION FISHERY COSTS. Not later than October 1, 2007, and each October 1st thereafter, a sponsor agency shall pay to the Service the total amount of funds necessary to meet the mitigation fishery costs to meet objectives described in the fishery mitigation plan for a respective water development project. The funds to be obligated for this purpose shall be identified in advance by the Director of the United States Fish and Wildlife Service. | National Fishery Mitigation Coordination Act - Directs a sponsor agency (the U.S. Army Corps of Engineers, the Bureau of Reclamation, or the Tennessee Valley Authority) to enter into an agreement with the U.S. Fish and Wildlife Service to pay the mitigation fishery cost that specified mitigation fishery facilities located in the United States and owned and operated by the Service incur in conducting mitigation activities. Defines mitigation fishery cost as the expenditures necessary to operate, maintain, and rehabilitate facilities to conduct mitigation fishery activities, including the rearing and stocking of native and nonnative fish to replace or maintain harvest levels lost as a result of Federal water resource development projects. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``International Fusion Energy Act of 1993''. SEC. 2. FINDINGS, PURPOSES AND DEFINITIONS. (a) Findings.--Congress finds that-- (1) fusion energy has the potential to be a safe, environmentally attractive, secure and economically affordable source of energy; (2) the United States Department of Energy's magnetic fusion energy program has made significant progress toward realizing fusion as a viable source of energy; (3) other industrial nations have also invested in significant magnetic fusion energy programs; (4) an integrated program of international collaboration will be necessary for continued progress to demonstrate the scientific and technological feasibility of magnetic fusion energy; (5) there is international agreement to proceed with the engineering and design of the International Thermonuclear Experimental Reactor to prove the scientific and technical feasibility of fusion energy and to lead to a demonstration reactor; (6) the United States should focus the Department of Energy's magnetic fusion energy program on elements furthering the design, construction and operation of the International Thermonuclear Experimental Reactor and a fusion demonstration reactor, including the operation of the Tokamak Physics Experiment; (7) the continuation of an aggressive fusion energy program requires the Department of Energy, industry, utilities, and the international fusion community to commit to the International Thermonuclear Experimental Reactor as soon as practicable; and (8) an effective United States fusion energy program requires substantial involvement by industry and utilities in the design, construction, and operation of fusion facilities. (b) Purposes.--The purposes of this Act are to-- (1) redirect and refocus the Department's magnetic fusion energy program in a way that will lead to the design, construction and operation of the International Thermonuclear Experimental Reactor by 2005, in cooperation with other countries, and operation of a fusion demonstration reactor by 2025; (2) develop a plan identifying the budget, critical path, milestones and schedules for the International Thermonuclear Experimental Reactor; (3) limit the Department of Energy's magnetic fusion energy program to elements that support the development of the International Thermonuclear Experimental Reactor or a fusion demonstration reactor, including the Tokamak Physics Experiment to be built at the Princeton Plasma Physics Laboratory; and (4) select a candidate host site within the United States for the International Thermonuclear Experimental Reactor and to identify the steps necessary to lead to the selection of the final host site by the international community. (c) Definitions.-- (1) ``Department'' means the United States Department of Energy; (2) ``ITER'' means the International Thermonuclear Experimental Reactor; and (3) ``Secretary'' means the Secretary of the United States Department of Energy. SEC. 3. INTERNATIONAL FUSION ENERGY PROGRAM. (a)(1) Office of the Fusion Negotiator.--(A) There is established the Office of the International Fusion Negotiator that shall be an independent establishment in the executive branch. (B) The Office shall be headed by an International Fusion Negotiator who shall be appointed by the President, by and with the advice and consent of the Senate. The Negotiator shall hold office at the pleasure of the President, and shall be compensated at the rate provided for level III of the Executive Schedule in section 5314 of title 5, United States Code. (C) The Negotiator, in consultation with the Secretary and the Secretary of State, shall represent the United States in negotiations with other countries relating to the design, construction or operation of the International Thermonuclear Experimental Reactor. (2) Program.--The Secretary shall redirect and refocus the Department's magnetic fusion program in a way that will lead to the design, construction and operation of ITER by 2005 and operation of a fusion demonstration reactor by 2025. The Department's magnetic fusion program shall be referred to as the program and shall be carried out in cooperation with the international community. (b) Requirements.--In developing the program, the Secretary shall-- (1) establish as the main focus of the Department's magnetic fusion energy program the development of ITER; (2) provide for the development of fusion materials and other reactor components to the extent necessary for the development of a fusion demonstration reactor; (3) eliminate those components of the magnetic fusion energy program not contributing directly to development of ITER or to the development of a fusion demonstration reactor; (4) select a candidate host site within the United States for the International Thermonuclear Experimental Reactor; (5) provide support, as requested, to the International Fusion Negotiator in negotiating with other countries involved in ITER to select a final host site for ITER and to agree to construct ITER as soon as practicable; (6) provide for substantial United States industry and utility involvement in the design, construction and operation of ITER to ensure United States industry and utility expertise in the technologies developed; and (7) provide for reducing the level of effort in the program to the levels prescribed in section 4(b)(2) in the event the program is terminated in accordance with subsection (g). (c) Management Plan.--(1) Within one hundred eighty days of the date of enactment of this Act, the Secretary shall prepare, in consultation with the International Fusion Negotiator, and implement a management plan for the program. The plan shall be revised and updated biannually. (2) The plan shall-- (A) establish the goals of the program; (B) describe how each component of the Department's program contributes directly to the development of ITER or development of a fusion demonstration reactor; (C) set priorities for the elements of the Department's program, identifying those elements that contribute directly to the development of ITER or to the development of a fusion demonstration reactor; (D) provide for the elimination of those elements of the magnetic fusion energy program not contributing directly to the development of ITER, or to the development of fusion materials or other reactor components that are necessary for the development of a fusion demonstration reactor; (E) describe the selection process for a proposed host site within the United States for ITER; (F) establish the necessary steps that will lead to the final selection of the host site for ITER by the countries involved in the program by the end of 1996. (G) establish the necessary steps that will lead to the design, construction and operation of ITER by 2005 and operation of a fusion demonstration reactor by 2025; (H) establish a schedule and critical path, including milestones, and a budget that will allow for the design, construction and operation of ITER by 2005 and operation of a demonstration fusion reactor by 2025; (I) provide mechanisms for ensuring substantial industry and utility involvement in the design, construction and operation of ITER; (J) set forth any recommendations of the Secretary on-- (i) the need for additional legislation regarding the program; or (ii) the possibility and desireability of accelerating the design and construction of ITER or the development of a fusion demonstration reactor; and (K) provide for reducing the level of effort in magnetic fusion to the levels prescribed in section 4(b)(2) in the event the program is terminated in accordance with subsection (g). (d) International Agreements.--(1) The International Fusion Negotiator may negotiate or enter into agreements with any country governing the design, construction and operation of ITER or facilities related to ITER. (2) The International Fusion Negotiator shall seek to enter into agreements with other countries to share in the cost of the facilities and components of the program that contribute to the design, construction or operation of ITER or to the development of a fusion demonstration reactor. (e) Report on ITER Negotiations.--The International Fusion Negotiator shall submit an annual report to the Congress on the status of negotiations with other countries regarding ITER. The report shall-- (1) identify the issues to be negotiated with other countries involved in the program; (2) identify impediments to reaching agreement on a host site for ITER, or on issues related to the construction or operation of ITER; (3) identify the steps needed to reach agreement on a host site for ITER or on issues related to the construction or operation of ITER; (4) establish the timetable for agreement related to the siting, operation and construction of ITER; and (5) assess the likelihood of reaching agreement on a host site for ITER and on issues related to the construction or operation of ITER. (f) Certification.--Prior to seeking funds for construction of ITER, the Secretary, after consultation with the International Fusion Negotiator, shall certify to the Congress that there is agreement in place or there is a substantial likelihood agreement will be reached with the countries involved in ITER on the siting, construction and operation of ITER. (g) Termination.--(1) The Secretary shall report to Congress if the Secretary determines that-- (A) ITER is no longer essential to the development of a fusion demonstration reactor; (B) no agreement can be reached on the final host site for ITER; (C) no agreement can be reached on the final design of ITER or on issues related to construction of ITER; or (D) there is an insufficient commitment to the final ITER design by United States industry and utilities. (2) Within thirty days of submission of the report under paragraph (1), the Secretary shall initiate the termination of the program. (3) In the event the Secretary terminates the program, the Secretary may continue to carry out research in magnetic fusion, but only at the levels authorized in section 4(b)(2). SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (a) Limitation on Appropriations.--No more funds may be appropriated to carry out the purposes of this Act than the amounts set forth in subsection (b). This Act shall be the exclusive source of authorization of appropriations to support any activities of the Secretary relating to magnetic fusion energy. (b) Appropriations.--(1) There is authorized to be appropriated to the Secretary for carrying out the purposes of this Act $380,000,000 for fiscal year 1994, $425,000,000 for fiscal year 1995, $475,000,000 for fiscal year 1996, and such sums as may be necessary thereafter. (2) In the event the Secretary terminates the program, there is authorized to be appropriated to the Secretary $50,000,000 for 1994, $50,000,000 for 1995 and $50,000,000 for 1996 for activities relating to magnetic fusion energy. Passed the Senate June 29 (legislative day, June 22), 1993. Attest: WALTER J. STEWART, Secretary. | International Fusion Energy Act of 1993 - Establishes the Office of the International Fusion Negotiator, whose head shall represent the United States in international negotiations regarding the International Thermonuclear Experimental Reactor (ITER). Directs the Secretary of Energy to redirect and refocus the Department of Energy (DOE) magnetic fusion program towards implementation of ITER, and a fusion demonstration reactor. Outlines ITER program requirements and management plan. Authorizes the Negotiator to enter into international agreements regarding ITER implementation and cost sharing. Requires the Negotiator to submit an annual status report to the Congress on such agreements. Authorizes appropriations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Employees Paid Parental Leave Act of 2009''. SEC. 2. PAID PARENTAL LEAVE UNDER TITLE 5. (a) Amendment to Title 5.--Subsection (d) of section 6382 of title 5, United States Code, is amended-- (1) by redesignating such subsection as subsection (d)(1); (2) by striking ``subparagraph (A), (B), (C), or'' and inserting ``subparagraph (C) or''; and (3) by adding at the end the following: ``(2) An employee may elect to substitute for any leave without pay under subparagraph (A) or (B) of subsection (a)(1) any paid leave which is available to such employee for that purpose. ``(3) The paid leave that is available to an employee for purposes of paragraph (2) is-- ``(A) subject to paragraph (6), 4 administrative workweeks of paid parental leave under this subparagraph in connection with the birth or placement involved; and ``(B) any annual or sick leave accrued or accumulated by such employee under subchapter I. ``(4) Nothing in this subsection shall be considered to require that an employee first use all or any portion of the leave described in subparagraph (B) of paragraph (3) before being allowed to use the paid parental leave described in subparagraph (A) of paragraph (3). ``(5) Paid parental leave under paragraph (3)(A)-- ``(A) shall be payable from any appropriation or fund available for salaries or expenses for positions within the employing agency; ``(B) shall not be considered to be annual or vacation leave for purposes of section 5551 or 5552 or for any other purpose; and ``(C) if not used by the employee before the end of the 12- month period (as referred to in subsection (a)(1)) to which it relates, shall not accumulate for any subsequent use. ``(6) The Director of the Office of Personnel Management-- ``(A) may promulgate regulations to increase the amount of paid parental leave available to an employee under paragraph (3)(A), to a total of not more than 8 administrative workweeks, based on the consideration of-- ``(i) the benefits provided to the Federal Government of offering increased paid parental leave, including enhanced recruitment and retention of employees; ``(ii) the cost to the Federal Government of increasing the amount of paid parental leave that is available to employees; ``(iii) trends in the private sector and in State and local governments with respect to offering paid parental leave; ``(iv) the Federal Government's role as a model employer; ``(v) the impact of increased paid parental leave on lower-income and economically disadvantaged employees and their children; and ``(vi) such other factors as the Director considers necessary; and ``(B) shall prescribe any regulations necessary to carry out this subsection, including, subject to paragraph (4), the manner in which an employee may designate any day or other period as to which such employee wishes to use paid parental leave described in paragraph (3)(A).''. (b) Effective Date.--The amendment made by this section shall not be effective with respect to any birth or placement occurring before the end of the 6-month period beginning on the date of the enactment of this Act. SEC. 3. PAID PARENTAL LEAVE FOR CONGRESSIONAL EMPLOYEES. (a) Amendment to Congressional Accountability Act.--Section 202 of the Congressional Accountability Act of 1995 (2 U.S.C. 1312) is amended-- (1) in subsection (a)(1), by adding at the end the following: ``In applying section 102(a)(1)(A) and (B) of such Act to covered employees, subsection (d) shall apply.''; (2) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (3) by inserting after subsection (c) the following: ``(d) Special Rule for Paid Parental Leave for Congressional Employees.-- ``(1) Substitution of paid leave.--A covered employee taking leave without pay under subparagraph (A) or (B) of section 102(a)(1) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)) may elect to substitute for any such leave any paid leave which is available to such employee for that purpose. ``(2) Amount of paid leave.--The paid leave that is available to a covered employee for purposes of paragraph (1) is-- ``(A) the number of weeks of paid parental leave in connection with the birth or placement involved that correspond to the number of administrative workweeks of paid parental leave available to Federal employees under section 6382(d)(3)(A) of title 5, United States Code; and ``(B) any additional paid vacation or sick leave provided by the employing office to such employee. ``(3) Limitation.--Nothing in this subsection shall be considered to require that an employee first use all or any portion of the leave described in subparagraph (B) of paragraph (2) before being allowed to use the paid parental leave described in subparagraph (A) of paragraph (2). ``(4) Additional rules.--Paid parental leave under paragraph (2)(A)-- ``(A) shall be payable from any appropriation or fund available for salaries or expenses for positions within the employing office; and ``(B) if not used by the covered employee before the end of the 12-month period (as referred to in section 102(a)(1) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1))) to which it relates, shall not accumulate for any subsequent use.''. (b) Effective Date.--The amendment made by this section shall not be effective with respect to any birth or placement occurring before the end of the 6-month period beginning on the date of the enactment of this Act. SEC. 4. CONFORMING AMENDMENT TO FAMILY AND MEDICAL LEAVE ACT FOR GAO AND LIBRARY OF CONGRESS EMPLOYEES. (a) Amendment to Family and Medical Leave Act of 1993.--Section 102(d) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(d)) is amended by adding at the end the following: ``(3) Special rule for gao and library of congress employees.-- ``(A) Substitution of paid leave.--An employee of an employer described in section 101(4)(A)(iv) taking leave under subparagraph (A) or (B) of subsection (a)(1) may elect to substitute for any such leave any paid leave which is available to such employee for that purpose. ``(B) Amount of paid leave.--The paid leave that is available to an employee of an employer described in section 101(4)(A)(iv) for purposes of subparagraph (A) is-- ``(i) the number of weeks of paid parental leave in connection with the birth or placement involved that correspond to the number of administrative workweeks of paid parental leave available to Federal employees under section 6382(d)(3)(A) of title 5, United States Code; and ``(ii) any additional paid vacation or sick leave provided by such employer. ``(C) Limitation.--Nothing in this paragraph shall be considered to require that an employee first use all or any portion of the leave described in clause (ii) of subparagraph (B) before being allowed to use the paid parental leave described in clause (i) of such subparagraph. ``(D) Additional rules.--Paid parental leave under subparagraph (B)(i)-- ``(i) shall be payable from any appropriation or fund available for salaries or expenses for positions with the employer described in section 101(4)(A)(iv); and ``(ii) if not used by the employee of such employer before the end of the 12-month period (as referred to in subsection (a)(1)) to which it relates, shall not accumulate for any subsequent use.''. (b) Effective Date.--The amendment made by this section shall not be effective with respect to any birth or placement occurring before the end of the 6-month period beginning on the date of the enactment of this Act. SEC. 5. CLARIFICATION FOR MEMBERS OF THE NATIONAL GUARD AND RESERVES. (a) Executive Branch Employees.--For purposes of determining the eligibility of an employee who is a member of the National Guard or Reserves to take leave under paragraph (1)(A) or (B) of section 6382(a) of title 5, United States Code, or to substitute such leave pursuant to paragraph (2) of such section (as added by section 2), any service by such employee on active duty (as defined in section 6381(7) of such title) shall be counted as service as an employee for purposes of section 6381(1)(B) of such title. (b) Congressional Employees.--For purposes of determining the eligibility of a covered employee (as such term is defined in section 101(3) of the Congressional Accountability Act) who is a member of the National Guard or Reserves to take leave under subparagraph (A) or (B) of section 102(a)(1) of the Family and Medical Leave Act of 1993 (pursuant to section 202(a)(1) of the Congressional Accountability Act), or to substitute such leave pursuant to subsection (d) of section 202 of such Act (as added by section 3), any service by such employee on active duty (as defined in section 101(14) of the Family and Medical Leave Act of 1993) shall be counted as time during which such employee has been employed in an employing office for purposes of section 202(a)(2)(B) of the Congressional Accountability Act. (c) GAO and Library of Congress Employees.--For purposes of determining the eligibility of an employee of the Government Accountability Office or Library of Congress who is a member of the National Guard or Reserves to take leave under subparagraph (A) or (B) of section 102(a)(1) of the Family and Medical Leave Act of 1993, or to substitute such leave pursuant to paragraph (3) of section 102(d) of such Act (as added by section 4), any service by such employee on active duty (as defined in section 101(14) of such Act) shall be counted as time during which such employee has been employed for purposes of section 101(2)(A) of such Act. Passed the House of Representatives June 4, 2009. Attest: LORRAINE C. MILLER, Clerk. | Federal Employees Paid Parental Leave Act of 2009 - Allows federal employees to substitute any available paid leave for any leave without pay available for either the: (1) birth of a child; or (2) placement of a child with the employee for either adoption or foster care. Makes available (subject to specified requirements) for any of the 12 weeks of leave an employee is entitled to for such purposes: (1) four administrative weeks of paid parental leave in connection with the birth or placement involved; and (2) any accumulated annual or sick leave. Authorizes the Director of the Office of Personnel Management (OPM) to promulgate regulations to increase the amount of paid parental leave available to such an employee to a total of eight administrative workweeks, based on the consideration of: (1) the benefits to the federal government, including enhanced recruitment and employee retention; (2) the cost to the government; (3) trends in the private sector and in state and local governments; (4) the federal government's role as a model employer; and (5) the impact of increased paid parental leave on lower-income and economically disadvantaged employees and their children. Amends the Congressional Accountability Act of 1995 and the Family and Medical Leave Act of 1993 to allow the same substitution for covered congressional employees, Government Accountability Office (GAO) employees, and Library of Congress employees. Counts certain service by an employee of the executive branch, Congress, GAO, or the Library of Congress while on active duty as a member of the National Guard or Reserves as service for that branch or agency for purposes of determining such employee's eligibility to take or substitute leave as provided under this Act. |
SECTION 1. CORRECTION PERIOD FOR CERTAIN TRANSACTIONS INVOLVING SECURITIES AND COMMODITIES. (a) Amendment of Employee Retirement Income Security Act of 1974.-- 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)(A) Except as provided in subparagraphs (B) and (C), a transaction described in section 406(a) in connection with the acquisition, holding, or disposition of any security or commodity, if the transaction is corrected before the end of the correction period. ``(B) Subparagraph (A) does not apply to any transaction between a plan and a plan sponsor or its affiliates that involves the acquisition or sale of an employer security (as defined in section 407(d)(1)) or the acquisition, sale, or lease of employer real property (as defined in section 407(d)(2)). ``(C) In the case of any fiduciary or other party in interest (or any other person knowingly participating in such transaction), subparagraph (A) does not apply to any transaction if, at the time the transaction occurs, such fiduciary or party in interest (or other person) knew that the transaction would (without regard to this paragraph) constitute a violation of section 406(a). ``(D) For purposes of this paragraph, the term `correction period' means, in connection with a fiduciary or party in interest (or other person knowingly participating in the transaction), the 14-day period beginning on the date on which such fiduciary or party in interest (or other person) discovers, or reasonably should have discovered, that the transaction would (without regard to this paragraph) constitute a violation of section 406(a). ``(E) For purposes of this paragraph-- ``(i) The term `security' has the meaning given such term by section 475(c)(2) of the Internal Revenue Code of 1986 (without regard to subparagraph (F)(iii) and the last sentence thereof). ``(ii) The term `commodity' has the meaning given such term by section 475(e)(2) of such Code (without regard to subparagraph (D)(iii) thereof).''. (b) Amendment of Internal Revenue Code of 1986.-- (1) In general.--Subsection (d) of section 4975 of the Internal Revenue Code of 1986 (relating to exemptions) is amended by striking ``or'' at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting ``, or'', and by adding at the end the following new paragraph: ``(16) except as provided in subsection (f)(7), a transaction described in subparagraph (A), (B), (C), or (D) of subsection (c)(1) in connection with the acquisition, holding, or disposition of any security or commodity, if the transaction is corrected before the end of the correction period.''. (2) Special rules relating to correction period.-- Subsection (f) of section 4975 of such Code (relating to other definitions and special rules) is amended by adding at the end the following new paragraph: ``(7) Correction period.-- ``(A) In general.--For purposes of subsection (d)(16), the term `correction period' means the 14-day period beginning on the date on which the disqualified person discovers, or reasonably should have discovered, that the transaction would (without regard to this paragraph and subsection (d)(16)) constitute a prohibited transaction. ``(B) Exceptions.-- ``(i) Employer securities.--Subsection (d)(16) does not apply to any transaction between a plan and a plan sponsor or its affiliates that involves the acquisition or sale of an employer security (as defined in section 407(d)(1)) or the acquisition, sale, or lease of employer real property (as defined in section 407(d)(2)). ``(ii) Knowing prohibited transaction.--In the case of any disqualified person, subsection (d)(16) does not apply to a transaction if, at the time the transaction is entered into, the disqualified person knew that the transaction would (without regard to this paragraph) constitute a prohibited transaction. ``(C) Abatement of tax where there is a correction.--If a transaction is not treated as a prohibited transaction by reason of subsection (d)(16), then no tax under subsection (a) and (b) shall be assessed with respect to such transaction, and if assessed the assessment shall be abated, and if collected shall be credited or refunded as an overpayment. ``(D) Securities and commodities defined.--For purposes of this paragraph and subsection (d)(16)-- ``(i) Security.--The term `security' has the meaning given such term by section 475(c)(2) (without regard to subparagraph (F)(iii) and the last sentence thereof). ``(ii) Commodity.--The term `commodity' has the meaning given such term by section 475(e)(2) (without regard to subparagraph (D)(iii) thereof).''. (c) Effective Date.--The amendments made by this section shall apply to any transaction which the fiduciary or disqualified person discovers, or reasonably should have discovered, after the date of the enactment of this Act constitutes a prohibited transaction. | Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code to allow a correction period for certain security and commodity transactions under the prohibited transaction rules. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Nonprofit Property Protection Act''. SEC. 2. COMMERCIAL INSURANCE. The Liability Risk Retention Act of 1986 is amended-- (1) in section 2(a) (15 U.S.C. 3901(a))-- (A) in paragraph (6), by striking ``and'' at the end; (B) in paragraph (7)(B), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(8) `commercial insurance' includes all forms of commercial insurance but does not include health, life, or disability insurance or workers compensation insurance or express contractual obligations owed to a consumer as a result of a personal, family, or household transaction, where a separate consideration is paid by the consumer for the express contractual obligation.''; and (2) in section 3(b) (15 U.S.C. 3902(b))-- (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 new paragraph: ``(4) the provision of other lines of commercial insurance by a risk retention group to an organization organized and operated exclusively for purposes identified under section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)), provided that-- ``(A) the risk retention group serves nonprofit organizations with tax-exempt status under section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)) or educational institutions and education-related institutions that are nonprofit organizations or governmental entities; ``(B) the risk retention group has been chartered or licensed as an insurance company under the laws of a State and authorized to engage in the business of insurance under the laws of such State; ``(C) the risk retention group has engaged in the business of insurance pursuant to the charter or license and authority described in subparagraph (B) for a period not less than ten consecutive years; ``(D) the risk retention group maintains capital and surplus of at least $10,000,000, as calculated in accordance with accounting principles generally accepted in the United States; and ``(E) the total insured value of the risks covered by the initial policy for other forms of commercial insurance provided by a risk retention group to any one member of the risk retention group does not exceed $50,000,000, provided further that-- ``(i) the amount specified in this paragraph shall, beginning one year after the date of the enactment of the Nonprofit Property Protection Act and on an annual basis thereafter, be adjusted by a percentage equal to the estimated percentage increase, if any, in the Consumer Price Index, which adjustment shall be subject to approval by the risk retention group's domicile state regulator; and ``(ii) for purposes of this paragraph, any computation of total insured value shall exclude liability insurance coverage provided by a risk retention group to any member as authorized pursuant to this Act.''. SEC. 3. CONFORMING AND CLARIFYING AMENDMENTS. The Liability Risk Retention Act of 1986 is further amended-- (1) in section 2(a)(4) (15 U.S.C. 3901(a)(4))-- (A) in subparagraph (C)(i), by striking ``a liability'' and inserting ``an''; and (B) in subparagraph (G)-- (i) in clause (i), by inserting ``or other commercial'' after ``liability'' each place such term appears; and (ii) in clause (ii), by inserting ``or other commercial'' after ``liability''; (2) in section 3 (15 U.S.C. 3902)-- (A) in subsection (a)(1)(C), by inserting ``or other commercial'' after ``liability''; and (B) in subsection (d)(1)(B), by inserting ``or other commercial'' after ``liability''; and (3) in section 6(b) (15 U.S.C. 3905(b)), by inserting ``or other forms of commercial'' before ``insurance by a risk retention group''. SEC. 4. AMENDMENT TO SHORT TITLE. Section 1 of the Liability Risk Retention Act of 1986 (15 U.S.C. 3901 note) is amended by striking ``Liability Risk Retention Act of 1986'' and inserting ``Risk Retention Act of 1986''. | Nonprofit Property Protection Act This bill: amends the Liability Risk Retention Act of 1986 to rename it the Risk Retention Act of 1986; and exclude from "commercial insurance" covered by the Act any health, life, or disability insurance or workers compensation insurance or express contractual obligations owed to a consumer as a result of a personal, family, or household transaction, where the consumer pays a separate consideration for the express contractual obligation. The bill expands the kinds of state laws pertaining to business insurance from which a risk retention group shall be exempt to include laws pertaining to other lines of commercial insurance offered by a risk retention group to an entity organized and operated exclusively as a federal tax-exempt nonprofit charitable or educational institution, as long as the group meets specified criteria. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Pain Management Improvement Act''. SEC. 2. ESTABLISHMENT OF PAIN MANAGEMENT BOARDS OF DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--Subchapter I of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 7309A. Pain management boards ``(a) Establishment.--The Secretary shall establish in each Veterans Integrated Service Network a Pain Management Board (in this section referred to as a `Board'). ``(b) Duties.--(1)(A) Each Board shall provide treatment recommendations for patients described in subparagraph (B) with complex clinical pain who are being treated at a medical facility of the Department located in the Veterans Integrated Service Network covered by the Board, regardless of whether such treatment is on an in-patient or out-patient basis. ``(B) A patient described in this subparagraph is a patient for whom a request for treatment recommendations under subparagraph (A) has been made by-- ``(i) the patient; ``(ii) the spouse of the patient; ``(iii) a family member of the patient or an individual if such family member or individual has been designated by the patient to make health care decisions for the patient or to receive health care information of the patient; ``(iv) a physician of the patient; or ``(v) an employee of the medical facility of the Department described in such subparagraph. ``(2) Based on treatment recommendations developed by the Board under paragraph (1)(A), each Board shall provide to health care professionals of the Department located in the Veterans Integrated Service Network covered by the Board recommendations on the best practices regarding pain management in complex clinical pain cases. ``(3)(A) Each Board shall annually submit to the Secretary and the Under Secretary for Health a report on pain management practices carried out in the Veterans Integrated Service Network covered by the Board. Such report shall include, for the year covered by the report, the following: ``(i) The treatment recommendations provided under paragraph (1)(A), including-- ``(I) a summary of such recommendations; and ``(II) an explanation of the merits of each such recommendation. ``(ii) The recommendations for best practices provided under paragraph (2), including-- ``(I) a summary of such recommendations; and ``(II) an explanation of the merits of each such recommendation. ``(iii) Any other information the Board determines appropriate. ``(B) Not later than January 31 of each year, the Secretary shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a report that contains each report submitted to the Secretary under subparagraph (A) during the previous year. ``(4) No Board shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). ``(c) Membership.--(1) Each Board shall consist of a number of members determined appropriate by the Secretary who are appointed by the Secretary from among individuals who have experience as-- ``(A) a professional in a field relating to pain management, including as-- ``(i) a board certified pain medicine specialist; ``(ii) a trained and qualified primary care pain champion; ``(iii) a pain psychologist; ``(iv) a pain social worker; ``(v) a pain point of contact for a Veterans Integrated Service Network; ``(vi) a psychiatrist with addiction and psychopharmacology expertise and experience; or ``(vii) a health care professional or a mental health care professional; ``(B) clinical patients; or ``(C) family members of clinical patients. ``(2) The Secretary shall determine the terms of service of the members. ``(3) Members shall serve without pay and, except as provided by this paragraph, members who are full-time officers or employees of the United States may not receive additional pay, allowances, or benefits by reason of their service on the Board. Members may receive travel expenses, including per diem in lieu of subsistence for travel in connection with their duties as members of the Board. Any member who has clinical duties as an officer or employee of the United States shall be relieved of such duties during periods in which such relief is necessary for the member to carry out the duties of the Board. ``(d) Powers.--(1) Each Board may hold hearings, sit and act at times and places, take testimony, and receive evidence as the Board determines appropriate. ``(2) Each Board may secure directly from any department or agency of the Federal Government information necessary to enable it to carry out this section. ``(3) Each Board may conduct site visits of medical facilities of the Department to collect information necessary to enable it to carry out this section. ``(4) The Secretary shall provide to each Board administrative support services necessary for the Board to carry out this section.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 7309 the following new item: ``7309A. Pain management boards.''. (c) Report.--Not later than December 1, 2015, the Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate the approved clinical guideline, handbook, directive, policy, or other guidance established to govern the stepdown methodologies employed by clinicians in medical facilities of the Department to manage the use of opioid therapies and associated prescribing practices. | Veterans Pain Management Improvement Act Directs the Department of Veterans Affairs (VA) to establish a Pain Management Board in each Veterans Integrated Service Network. Requires each Board to provide: (1) recommendations for treatment, on an in-patient or out-patient basis, for patients with complex clinical pain for whom a request has been made by the patient, the patient's physician, spouse, family member, or an individual designated by the patient to make health care decisions or receive health care information for the patient, or an employee of the covered VA facility; and (2) recommendations on best practices regarding pain management in complex clinical pain cases to VA health care professionals located in the Network covered by the Board. Requires each Board to annually submit to the VA a report on pain management practices carried out in the covered Network. Directs the VA, by December 1, 2015, to submit to specified congressional committees the approved clinical guideline, handbook, directive, policy, or other guidance established to govern the step-down methodologies employed by clinicians in VA medical facilities to manage the use of opioid therapies and associated prescribing practices. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Nino's Act''. SEC. 2. MEDICAID COVERAGE OF DRUGS PRESCRIBED FOR RESEARCH STUDY CHILD PARTICIPANTS. (a) Mandatory Coverage if State Provides Drug Coverage.-- (1) State plan requirement.--Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended-- (A) in paragraph (69), by striking ``and'' at the end; (B) in paragraph (70), by striking the period at the end and inserting ``; and''; and (C) by inserting after paragraph (70) the following new paragraph: ``(71) in the case of a State plan that provides medical assistance for prescribed drugs under section 1905(a)(12), provide for such medical assistance to include coverage for any drug, biological product, or insulin prescribed for a child (including any such drug, product, or insulin that is self- administered) who-- ``(A) is eligible for medical assistance under the State plan (including a child who is eligible only on the basis of paragraph (10)(A)(i)(VIII)); ``(B) is a current or former participant in a research study conducted or funded (in whole or in part) by the National Institutes of Health; and ``(C) satisfies the requirements of subparagraphs (B), (C), and (D) of subsection (dd)(1).''. (2) Mandatory coverage of drugs of research study child participants who are not otherwise eligible for medicaid if the state offers drug coverage.-- (A) In general.--Section 1902(a)(10)(A)(i) of the Social Security Act (42 U.S.C. 1396b(a)(10)(A)(i)) is amended-- (i) in subclause (VI), by striking ``or'' at the end; (ii) in subclause (VII), by adding ``or'' at the end; and (iii) by adding at the end the following new subclause: ``(VIII) who are research study child participants described in subsection (dd)(1), but only if the medical assistance made available by the State includes prescribed drugs under section 1905(a)(12),''. (B) Group described.--Section 1902 of the Social Security Act (42 U.S.C. 1396a) is amended by adding at the end the following new subsection: ``(dd)(1) Research study child participants described in this subsection are individuals who-- ``(A) are not otherwise eligible for medical assistance under the State plan; ``(B) have not attained age 19; ``(C) have been certified by a physician participating in a research study conducted or funded (in whole or in part) by the National Institutes of Health to be current or former participants in such trial or study who have a specific disease or condition that-- ``(i) is or has been successfully treated under such trial or study with a prescribed use of a drug, biological product, or insulin that is not approved under the Federal Food, Drug, and Cosmetic Act; and ``(ii) is likely to continue to be successfully treated with such drug, product, or insulin; and ``(D) do not have other health coverage for such drug, product, or insulin. ``(2) A State shall redetermine not less than every 2 years the eligibility of an individual for medical assistance who is eligible solely on the basis of subsection (a)(10)(A)(i)(VIII). ``(3) For purposes of this subsection and paragraphs (10)(A)(i)(VIII) and (71) of subsection (a), the term `research study' means a clinical study, including an observational (or natural history) study, or a clinical trial, to test an experimental therapy.''. (C) Medical assistance limited to coverage of the research or observational trial drugs, biological product, or insulin.--Section 1902(a)(10) of the Social Security Act (42 U.S.C. 1396a(a)(10)) is amended in the matter following subparagraph (G)-- (i) by striking ``and (XIV)'' and inserting ``(XIV)''; and (ii) by inserting ``, and (XV) the medical assistance made available to a research study child participant described in subsection (dd)(1) who is eligible for medical assistance solely on the basis of subparagraph (A)(10)(i)(VIII) shall be limited to medical assistance for a drug, biological product, or insulin that is prescribed for the participant as a result of participation in such trial or study (including any such drug, product, or insulin that is self-administered)'' before the semicolon. (D) Conforming amendment.--Section 1903(f)(4) of such Act (42 U.S.C. 1396b)(f)(4)) is amended in the matter preceding subparagraph (A) by inserting ``1902(a)(10)(A)(i)(VIII),'' after ``1902(a)(10)(A)(i)(VII),''. (b) Presumptive Eligibility.--Section 1920B of the Social Security Act (42 U.S.C. 1396r-1b) is amended-- (1) in the section heading, by inserting ``or research study child participants'' after ``patients''; (2) in subsection (a), by inserting ``or a child who is eligible for medical assistance under the State plan (including a child who is eligible only on the basis of section 1902(a)(10)(A)(i)(VIII) but subject to the limitation on medical assistance for such a child under clause (XV) of the matter following section 1902(a)(10)(G)), is a current or former participant in a research study conducted or funded (in whole or in part) by the National Institutes of Health, and satisfies the requirements of subparagraphs (B), (C), and (D) of section 1902(dd)(1)'' after ``patients)''; (3) in subsection (b)(1)(A), by inserting ``or subsection (a)'' after ``1902(aa)''; and (4) in subsection (d), in the flush language following paragraph (2), by striking ``for purposes of clause (4) of the first sentence of section 1905(b)'' and inserting ``for purposes of the first sentence of section 1905(b) (and, in the case of medical assistance furnished to an individual described in section 1902(aa), for purposes of clause (4) of such sentence)''. (c) Notice of Medicaid Coverage for Research Study Child Participants.-- (1) In general.--Not later than 90 days after the date of enactment of this Act, the Secretary of Health and Human Services, in consultation with the Director of the Institutes of Health and State Medicaid Directors, shall-- (A) develop a written notice for child participants in research studies (as defined in section 1902(dd)(3) of the Social Security Act, as added by subsection (a)(2)(B)) conducted or funded (in whole or in part) by the National Institutes of Health who are likely to eligible for medical assistance for a drug, biological product, or insulin prescribed for such participants as a result of participation in such a study (including any such drug, product, or insulin that is self- administered) in accordance with paragraph (10)(A)(i)(VIII) or (71) of section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) (as added by subsection (a)), of the availability of such assistance; and (B) establish procedures for making such notice available to the child participants through physicians participating in such research studies or such other means as the Secretary determines appropriate. (2) Authorization of appropriations.--There is authorized to be appropriated for fiscal year 2008 and each fiscal year thereafter such sums as may be necessary to carry out this subsection. (d) Effective Date.--The amendments made by this section apply to medical assistance for items and services furnished on or after the date of enactment of this Act, without regard to whether final regulations to carry out such amendments have been promulgated. | Nino's Act - Amends title XIX (Medicaid) of the Social Security Act to provide for mandatory Medicaid coverage of drugs prescribed for certain research study child participants, regardless of Medicaid eligibility otherwise, if the state provides drug coverage. |
SECTION 1. JAIL-BASED SUBSTANCE ABUSE TREATMENT PROGRAMS. (a) Use of Residential Substance Abuse Treatment Grants To Provide Aftercare Services.--Section 1901 of part S of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796ff-1) is amended by adding at the end the following: ``(f) Use of Grant Amounts for Nonresidential Aftercare Services.-- A State may use amounts received under this part to provide nonresidential substance abuse treatment aftercare services for inmates or former inmates that meet the requirements of subsection (c), if the chief executive officer of the State certifies to the Attorney General that the State is providing, and will continue to provide, an adequate level of residential treatment services.''. (b) Jail-Based Substance Abuse Treatment.--Part S of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796ff et seq.) is amended by adding at the end the following: ``SEC. 1906. JAIL-BASED SUBSTANCE ABUSE TREATMENT. ``(a) Definitions.--In this section: ``(1) Jail-based substance abuse treatment program.--The term `jail-based substance abuse treatment program' means a course of individual and group activities, lasting for a period of not less than 3 months, in an area of a correctional facility set apart from the general population of the correctional facility, if those activities are-- ``(A) directed at the substance abuse problems of prisoners; and ``(B) intended to develop the cognitive, behavioral, social, vocational, and other skills of prisoners in order to address the substance abuse and related problems of prisoners. ``(2) Local correctional facility.--The term `local correctional facility' means any correctional facility operated by a unit of local government. ``(b) Authorization.-- ``(1) In general.--Not less than 10 percent of the total amount made available to a State under section 1904(a) for any fiscal year may be used by the State to make grants to local correctional facilities in the State for the purpose of assisting jail-based substance abuse treatment programs established by those local correctional facilities. ``(2) Federal share.--The Federal share of a grant made by a State under this section to a local correctional facility may not exceed 75 percent of the total cost of the jail-based substance abuse treatment program described in the application submitted under subsection (c) for the fiscal year for which the program receives assistance under this section. ``(c) Applications.-- ``(1) In general.--To be eligible to receive a grant from a State under this section for a jail-based substance abuse treatment program, the chief executive of a local correctional facility shall submit to the State, in such form and containing such information as the State may reasonably require, an application that meets the requirements of paragraph (2). ``(2) Application requirements.--Each application submitted under paragraph (1) shall include-- ``(A) with respect to the jail-based substance abuse treatment program for which assistance is sought, a description of the program and a written certification that-- ``(i) the program has been in effect for not less than 2 consecutive years before the date on which the application is submitted; and ``(ii) the local correctional facility will-- ``(I) coordinate the design and implementation of the program between local correctional facility representatives and the appropriate State and local alcohol and substance abuse agencies; ``(II) implement (or continue to require) urinalysis or other proven reliable forms of substance abuse testing of individuals participating in the program, including the testing of individuals released from the jail- based substance abuse treatment program who remain in the custody of the local correctional facility; and ``(III) carry out the program in accordance with guidelines, which shall be established by the State, in order to guarantee each participant in the program access to consistent, continual care if transferred to a different local correctional facility within the State; ``(B) written assurances that Federal funds received by the local correctional facility from the State under this section will be used to supplement, and not to supplant, non-Federal funds that would otherwise be available for jail-based substance abuse treatment programs assisted with amounts made available to the local correctional facility under this section; and ``(C) a description of the manner in which amounts received by the local correctional facility from the State under this section will be coordinated with Federal assistance for substance abuse treatment and aftercare services provided to the local correctional facility by the Substance Abuse and Mental Health Services Administration of the Department of Health and Human Services. ``(d) Review of Applications.-- ``(1) In general.--Upon receipt of an application under subsection (c), the State shall-- ``(A) review the application to ensure that the application, and the jail-based residential substance abuse treatment program for which a grant under this section is sought, meet the requirements of this section; and ``(B) if the requirements of this section are met, make an affirmative finding in writing that the jail- based substance abuse treatment program for which assistance is sought meets the requirements of this section. ``(2) Approval.--Based on the review conducted under paragraph (1), not later than 90 days after the date on which an application is submitted under subsection (c), the State shall-- ``(A) approve the application, disapprove the application, or request a continued evaluation of the application for an additional period of 90 days; and ``(B) notify the applicant of the action taken under subparagraph (A) and, with respect to any denial of an application under subparagraph (A), afford the applicant an opportunity for reconsideration. ``(3) Eligibility for preference with aftercare component.-- ``(A) In general.--In making grants under this section, a State shall give preference to applications from local correctional facilities that ensure that each participant in the jail-based substance abuse treatment program for which a grant under this section is sought, is required to participate in an aftercare services program that meets the requirements of subparagraph (B), for a period of not less than 1 year following the earlier of-- ``(i) the date on which the participant completes the jail-based substance abuse treatment program; or ``(ii) the date on which the participant is released from the correctional facility at the end of the sentence of the participant or is released on parole. ``(B) Aftercare services program requirements.--For purposes of subparagraph (A), an aftercare services program meets the requirements of this paragraph if the program-- ``(i) in selecting individuals for participation in the program, gives priority to individuals who have completed a jail-based substance abuse treatment program; ``(ii) requires each participant in the program to submit to periodic substance abuse testing; and ``(iii) involves the coordination between the jail-based substance abuse treatment program and other human service and rehabilitation programs that may assist in the rehabilitation of program participants, such as-- ``(I) educational and job training programs; ``(II) parole supervision programs; ``(III) half-way house programs; and ``(IV) participation in self-help and peer group programs; and ``(iv) assists in placing jail-based substance abuse treatment program participants with appropriate community substance abuse treatment facilities upon release from the correctional facility at the end of a sentence or on parole. ``(e) Coordination and Consultation.-- ``(1) Coordination.--Each State that makes 1 or more grants under this section in any fiscal year shall, to the maximum extent practicable, implement a statewide communications network with the capacity to track the participants in jail- based substance abuse treatment programs established by local correctional facilities in the State as those participants move between local correctional facilities within the State. ``(2) Consultation.--Each State described in paragraph (1) shall consult with the Attorney General and the Secretary of Health and Human Services to ensure that each jail-based substance abuse treatment program assisted with a grant made by the State under this section incorporates applicable components of comprehensive approaches, including relapse prevention and aftercare services. ``(f) Use of Grant Amounts.-- ``(1) In general.--Each local correctional facility that receives a grant under this section shall use the grant amount solely for the purpose of carrying out the jail-based substance abuse treatment program described in the application submitted under subsection (c). ``(2) Administration.--Each local correctional facility that receives a grant under this section shall carry out all activities relating to the administration of the grant amount, including reviewing the manner in which the amount is expended, processing, monitoring the progress of the program assisted, financial reporting, technical assistance, grant adjustments, accounting, auditing, and fund disbursement. ``(3) Restriction.--A local correctional facility may not use any amount of a grant under this section for land acquisition or a construction project. ``(g) Reporting Requirement; Performance Review.-- ``(1) Reporting requirement.--Not later than March 1 of each year, each local correctional facility that receives a grant under this section shall submit to the Attorney General, through the State, a description and evaluation of the jail- based substance abuse treatment program carried out by the local correctional facility with the grant amount, in such form and containing such information as the Attorney General may reasonably require. ``(2) Performance review.--The Attorney General shall conduct an annual review of each jail-based substance abuse treatment program assisted under this section, in order to verify the compliance of local correctional facilities with the requirements of this section. ``(h) No Effect on State Allocation.--Nothing in this section shall be construed to affect the allocation of amounts to States under section 1904(a).''. (c) Technical Amendment.--The table of contents for title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended, in the matter relating to part S, by adding at the end the following: ``1906. Jail-based substance abuse treatment.''. | Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize: (1) a State to use residential substance abuse treatment grant amounts to provide non-residential substance abuse treatment aftercare services for State prisoners, subject to specified requirements and certification by the State's chief executive officer; and (2) not less than ten percent of the total amount made available to a State for residential substance abuse treatment for State prisoners to be used for grants to local correctional facilities in the State to assist jail-based substance abuse treatment programs. Limits the Federal share (with respect to the latter) to 75 percent of the total program cost.Grants preference to applications that provide for certain aftercare services and periodic substance abuse testing. Requires States making grants to implement a statewide communications network with the capacity to track participants. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Endangered Cultural Heritage Act of 1996''. SEC. 2. FINDINGS. Congress finds that-- (1) the cultural heritage of mankind-- (A) is of the utmost importance to the United States and the world; (B) contains evidence of mankind's common human past; and (C) is part of the economic, social, and educational foundation of society; (2) with a growth of research concerning the vital quality of the cultural heritage of mankind has come the realization that many of the most significant cultural resources in the world are seriously endangered by a growing range of threats, including natural catastrophes, environmental deterioration, destructive acts of man, and the complex political and societal changes occurring in the world; (3) a timely response is critical to prevent the loss of cultural heritage that is imminently endangered; (4) sustained funding is needed to stabilize and strengthen the ability to protect cultural resources on a national and international scale, consistently and on a long-term basis; (5) funding will support a program through which professionals in the field of historic preservation can obtain support on a short-term basis to address situations of immediate peril affecting important works that are in danger of loss in order to gain time to plan for long-term conservation of the works; (6) the inauguration of the World Monuments Watch List of 100 Most Endangered Sites in 1996 has made apparent the great need for additional support and protection for threatened cultural heritage worldwide; (7) conservation work funded as a result of this Act will result in both direct and indirect benefits to many communities by creating jobs, offering opportunities for training in skilled trades, protecting resources that generate economic activity through tourism, and opening direct access to enriched educational experiences; (8) the American people share the responsibility of ensuring the survival of key cultural resources worldwide, since the resources, whether in the United States or abroad, represent a trust held in common by all peoples in all communities; and (9) participation in the preservation of cultural heritage, which is of common human concern, is an international act of good will. SEC. 3. DEFINITIONS. In this Act: (1) Administrative agency.--The term ``administrative agency'' means the agency designated or established by the Secretary under section 6(a). (2) Endangered site.--The term ``endangered site'' refers to a structure, a group of buildings, a historic district, an archaeological zone, public art, or a cultural landscape that is in significant peril of being lost or seriously compromised as a result of irreversible human or natural destruction. (3) Fund.--The term ``Fund'' means the Endangered Cultural Heritage Trust fund established by section 4. (4) Institution of higher education.--The term ``institution of higher education'' has the meaning given in section 1201(a) of the Higher Education Act of 1965 (20 U.S.C. 1141(a)). (5) Matching basis.--The term ``matching basis'' means the condition to a grant award that the award be supplemented by the recipient with equivalent financial support from other sources prior to release of funds by the Secretary. (6) Secretary.--The term ``Secretary'' means the Secretary of the Treasury. SEC. 4. ESTABLISHMENT OF THE ENDANGERED CULTURAL HERITAGE FUND. There is established in the Treasury of the United States a trust fund to be known as the ``Endangered Cultural Heritage Fund'' that shall consist of-- (1) amounts appropriated pursuant to section 5; and (2) interest and proceeds credited pursuant to section 8(c). SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Fund such sums as are necessary to carry out this Act. SEC. 6. PAYMENTS FROM THE FUND AND USES OF PAYMENTS. (a) Designation of Administrative Agency.--The Secretary, in consultation with the Secretary of State and the Secretary of the Interior, shall designate or establish a Federal agency to administer the Fund. (b) Availability for Administrative Agency.--The interest on any obligations held in the Fund shall be available, as provided in advance by an appropriations Act, for payment to the administrative agency for use in accordance with this section. (c) Use by Administrative Agency.--The administrative agency shall administer funds provided under subsection (b) and direct the funds to the following to support activities carried out by qualified United States and international organizations that have as a common purpose the preservation and protection of cultural resources that are significantly at risk: (1) Endangered cultural resources in the united states.-- (A) In general.--The administrative agency shall provide funding awards, released incrementally and on a matching basis, to support stabilization and conservation measures for endangered cultural resources in the United States. (B) Qualifications for award.--An award under subparagraph (A) shall be made on a competitive basis to a governmental or nongovernmental entity that has demonstrated an ability to implement a conservation program in accordance with prescribed United States standards for conservation and rehabilitation, as specified by the Secretary of the Interior in accordance with the National Historic Preservation Act (16 U.S.C. 470 et seq.). (C) Qualified sites.--A site that has been listed as endangered by the National Trust for Historic Preservation, the United States National Park Service, or the World Monuments Fund shall be qualified to receive an award under subparagraph (A). (2) Endangered cultural resources outside the united states.-- (A) In general.--The administrative agency shall provide funding awards, released on a matching basis, to support stabilization and conservation measures for endangered cultural resources outside the United States. (B) Qualifications for award.--An award under subparagraph (A) shall be made on a competitive basis to a governmental or nongovernmental entity responsible for a site that has demonstrated an ability to implement a conservation program that will significantly advance the state of conservation of the endangered site. (C) Qualified sites.--A site that has been listed as endangered by the World Monuments Fund or the World Heritage Center shall be qualified to receive an award under subparagraph (A). (3) Grants and fellowships.--The administrative agency shall provide grants or fellowships that engage-- (A) United States professionals in historic preservation; and (B) United States and foreign graduate-level students in-- (i) onsite conservation programs supported under this Act; and (ii) the development of plans to protect endangered cultural resources. (4) Public education.--The administrative agency shall support programs to educate and engage the public, including citizens, students, and school children, in a concern for the preservation of endangered cultural resources. (5) Seminars and conferences.--The administrative agency shall provide grants to qualified organizations to conduct seminars, conferences, and other similar workshops designed to facilitate collaboration and cooperation between the United States and foreign institutions, private specialists, and site managers in the conservation of endangered cultural resources. (d) Other Expenditures.--Not more than 10 percent of the funds made available under subsection (b) for any fiscal year may be used by the administrative agency to-- (1) award contracts for projects chosen for support under subsection (c); (2) disseminate information about the Fund and solicit proposals (which shall include cost-sharing provisions) from site mangers, United States institutions of higher education, and other qualified entities and persons to participate in the conservation of qualifying sites and related programs; and (3) prepare documentation about projects supported under subsection (c) and disseminate the documentation through publications and electronic media. (e) Expert Advisors.--A project shall be selected for support under subsection (c) by a panel of expert advisors, including a representative of-- (1) the United States Committee of the International Council on Monuments and Sites; (2) the National Park Service; (3) the National Trust for Historic Preservation; (4) the College Art Association; and (5) the Advisory Council for Historic Preservation. (f) Payments.-- (1) Time.--The administrative agency shall make an award authorized under this section as soon as practicable after approval of an application, pending the acquisition of any matching funds by the recipient of the award. (2) Form.--The administrative agency may make an award authorized under this section in installments, in advance, or by way of reimbursement, and may make necessary adjustments on account of any overpayment or underpayment. SEC. 7. APPLICATIONS. (a) In General.--The administrative agency shall prepare and submit an application to the Secretary once each fiscal year that-- (1) provides a description of the purposes for which any grant award will be used; and (2) provides such fiscal control and such accounting procedures as are necessary-- (A) to ensure a proper accounting of grant awards paid to the applicant under this Act; and (B) to ensure the verification of the costs of the continuing education program furnished by the grant recipient. (b) Expeditious Approval.--The Secretary shall expeditiously approve any application that meets the requirements of this section. SEC. 8. MANAGEMENT OF THE FUND. (a) Investments.-- (1) In general.--The Secretary shall invest such portion of the Fund as is not, in the judgment of the Secretary, required to meet current withdrawals. (2) Types of investment.--Investments may be made only in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. (3) Acquisition of investments.--Obligations may be acquired only-- (A) on original issue at the issue price; or (B) by purchase of outstanding obligations at the market price. (4) Special obligations.-- (A) In general.--Notwithstanding chapter 31 of title 31, United States Code, the Secretary may issue special obligations at par exclusively to the Fund. (B) Interest.--A special obligations shall bear interest at a rate equal to the average rate of interest, computed as of the end of the calendar month next preceding the date of the obligation, borne by all marketable interest-bearing obligations of the United States then forming a part of the public debt, except that if the average rate is not a multiple of \1/8\ percent, the rate of interest of the special obligation shall be the multiple of \1/8\ percent next lower than the average rate. (C) Public interest.--Special obligations shall be issued only if the Secretary determines that the purchase of other interest-bearing obligations of the United States, or of obligations guaranteed as to both principal and interest by the United States on original issue or at the market price, is not in the public interest. (b) Sale and Redemption.-- (1) In general.--An obligation acquired by the Fund (except a special obligation issued under subsection (a)(4)) may be sold by the Secretary at market price. (2) Special obligations.--A special obligation issued under subsection (a)(4) may be redeemed at par plus accrued interest. (c) Proceeds and Interest.--The interest on, and the proceeds from the sale or redemption of, any obligation held in the Fund shall be credited to and form a part of the Fund. SEC. 9. REPORT. The administrative agency shall prepare and submit to the President and Congress at the end of every other fiscal year in which the administrative agency receives assistance under this Act a report on the activities of the administrative agency and such recommendations as the administrative agency considers advisable. | Endangered Cultural Heritage Act of 1996 - Establishes in the Treasury an Endangered Cultural Heritage Fund. Authorizes appropriations. Directs the Secretary of the Treasury to designate or establish a Federal agency to administer the Fund. Requires use of the Fund to support activities by qualified U.S. and international organizations to preserve and protect cultural resources that are significantly at risk, at qualified sites both inside and outside the United States. Requires the designated agency to provide grants or fellowships that engage: (1) U.S. professionals in historic preservation; and (2) U.S. and foreign graduate students in onsite conservation and development of plans to protect endangered cultural resources. Directs the agency to support public education programs, seminars, conferences, and other activities. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Lending Education And Reform Act'' and the ``C.L.E.A.R. Act''. SEC. 2. PROTECTIONS FOR CONSUMERS. (a) In General.--Chapter 2 of the Truth in Lending Act (15 U.S.C. 1631 et seq.) is amended by inserting after section 129A the following new section: ``Sec. 129B Protections for consumers ``(a) Definitions.--For purposes of this section, the following definitions shall apply: ``(1) Affiliate.--The term `affiliate' has the same meaning as in section 129(k). ``(2) Electronic signature.--The term `electronic signature' means a signatures in digital or other electronic form that meets the validity requirements of the Electronic Signatures in Global and National Commerce Act. ``(3) Extended payment plan.--The term `extended payment plan' means an amendment to the payday loan that is signed in person or electronically by both the consumer and the creditor reflecting an agreement that the consumer pay the outstanding balance on a payday loan in 4 equal payments, where the period between each payment may not be less than the duration of the original payday loan. ``(4) Home state.-- ``(A) In general.--The term `home State' means, with respect to any creditor or any affiliate of a creditor, the State in which the primary home office of the creditor or any affiliate of the creditor is located. ``(B) Home office.--The term `home office' means the office that houses a majority of the applicable party's day-to-day management and administrative support functions. ``(5) Interest and fees.-- ``(A) In general.--Except as provided in subparagraph (B), the term `interest and fees' includes any charge payable directly or indirectly by the consumer and imposed directly or indirectly by the creditor as an incident to or a condition of the extension of credit. ``(B) Charges not included.--The term `interest and fees' does not include-- ``(i) any charge for a default, delinquency, or similar occurrence; or ``(ii) any charge imposed when, if for any reason, funds are not made available to pay an item or authorization delivered to the creditor in the manner described in subparagraph (A) or (B) of paragraph (1) to the extent that-- ``(I) the charge does not exceed the greater of $25 or the amount charged to the creditor by the creditor's financial institution; and ``(II) the charge is only imposed once per each item or authorization regardless of whether the item or authorization is presented for payment more than once. ``(6) Loan store.--The term `loan store' means each location operated by a creditor at which applications for payday loans are received or the proceeds of payday loans are disbursed. ``(7) Payday loan; loan.--The terms `payday loan' and `loan' mean a closed-end credit transaction, evidenced by a loan agreement signed by the creditor and the consumer, in person or electronically, unsecured by any interest in the consumer's tangible personal property with a term of at least 7 and not more than 90 days in which the amount financed does not exceed $2,000 with a finance charge exceeding an annual percentage rate of 36 percent, and the consumer-- ``(A) receives funds from and incurs interest or a fee payable to a creditor, and contemporaneously with the receipt of funds, provides a check or other payment instrument to the creditor who agrees with the consumer not to deposit or present the check or payment instrument for more than 1 day; or ``(B) receives funds from and incurs interest or a fee payable to a creditor, and contemporaneously with the receipt of funds, authorized the creditor to initiate a debt or debits to the consumer's deposit account (by electronic fund transfer or remotely created check) after 1 or more days. ``(8) Payday lender.--The term `payday lender' means any creditor with respect to a payday loan. ``(9) Refinancing.--The term `refinancing' means the use of the proceeds of 1 payday loan obtained from a creditor to pay off any amount due to that creditor. ``(b) Protections for Consumers.-- ``(1) Interest and fee cap.--A payday lender may not-- ``(A) require a consumer to pay-- ``(i) in the case of any original payday loan, interest and other fees and charges that total more than 15 cents for every dollar loaned; and ``(ii) in the case of an original payday loan originated over the Internet, an additional origination fee in excess of 5 percent of the original principal loan amount; ``(B) require a consumer to pay interest and fees that, combined, total more than-- ``(i) in the case of the 1st refinancing of an outstanding payday loan, 15 cents for every dollar of the outstanding original principal loan amount; and ``(ii) in the case of the 2nd refinancing of an outstanding payday loan, 10 cents for every dollar of the outstanding original principal loan amount; or ``(C) require a consumer to pay an origination fee for a payday loan that is refinanced. ``(2) Mandatory disclosures.--A payday lender may not make or refinance a payday loan unless the creditor has first provided the consumer with a copy of a written loan agreement, which shall be signed by the creditor and by the consumer and shall include the following information in English and in the language in which the loan was negotiated: ``(A) A clear and conspicuous description of the terms of the loan, including the total cost of all fees and other charges in connection with the loan stated as a dollar amount, and the consumer's payment obligations under the loan. ``(B) The name, address and telephone number of the creditor making the loan, and the name of title of the individual employee of the creditor who signs the loan agreement on behalf of the creditor. ``(C) The following statements, in at least 14- point bold face type: ``(i) Warning.--This loan is not intended to meet long-term financial needs. This loan should be used only to meet short-term cash needs. ``(ii) Credit counseling availability.--You should consider contacting an independent, nonprofit credit counseling agency approved by the National Foundation for Credit Counseling (NFCC) or by a State or Federal Government agency. You may obtain information on how to contact an approved counselor near you by calling the National Foundation for Credit Counseling at 1-800-388-2227. ``(iii) No criminal prosecution or security interest.--You cannot be prosecuted in criminal court to collect this loan, and the creditor may not take or attempt to take an interest in any of your personal property to secure his loan. ``(3) Additional public disclosures.--A payday lender may not make or refinance a payday loan to any consumer unless the following notices are posted conspicuously in English and Spanish and in not less than 1-inch bold print in the creditor's public lending area in each loan store, or, if the loan is made using the Internet, fax or other means, are posted conspicuously on the creditor's public internet site relating to any such payday loan: ``(A) Warning.--This loan is not intended to meet long-term financial needs. This loan should be used only to meet short-term cash needs. ``(B) Credit counseling availability.--You should consider contacting an independent, nonprofit credit counseling agency approved by the National Foundation for Credit Counseling (NFCC) or by a State or Federal Government agency. You may obtain information on how to contact an approved counselor near you by calling the National Foundation for Credit Counseling at 1-800-388- 2227. ``(C) No criminal prosecution or security interest.--You cannot be prosecuted in criminal court to collect this loan, and the creditor may not take or attempt to take an interest in any of your personal property to secure his loan. ``(4) Creditor surety bond requirements.-- ``(A) In general.--A payday lender may not make or refinance a payday loan unless the creditor has obtained and filed, in accordance with subparagraph (B), a surety bond in the following amount: ``(i) A surety bond in the amount of $100,000 for each loan store operated by the creditor, if the creditor operates fewer than 10 loan stores and does not offer any payday loans over the Internet. ``(ii) A surety bond in the amount of $1,000,000, if the creditor operates 10 or more loan stores or offers loans over the Internet. ``(iii) Such greater amount as may be required by applicable State law. ``(B) Bond requirements.--The surety bond obtained by a payday lender to meet the requirements of subparagraph (A) shall be filed with, and for the benefit of, the State attorney general in the creditor's home state. ``(C) Aggregation of lender and affiliate under certain circumstances.--For purposes of this paragraph, a creditor and each affiliate of a creditor which has the same home State as the creditor may aggregate the loan stores operated by such creditor and any such affiliate for purposes of determining the amount of the surety bond required to be filed under subparagraph (A). ``(5) Extended payment plan.-- ``(A) In general.--A payday lender may not make or refinance a payday loan unless the terms of the loan require the creditor, upon receiving notice from the consumer of an inability to repay prior to close of business on the last business day before the original due date of the loan, provides the consumer with notice of and the right to opt into an extended payment plan, without charge, 1 time in any 12 month period. ``(B) Limitation during extended payment plan.--A creditor may not engage in any collection activity (or procure the services of any other for such purpose) during the term of any extended payment plan. ``(6) Refinancing.--A payday lender may not-- ``(A) refinance a payday loan for less than 7 days; ``(B) refinance a payday loan more than 2 consecutive times; refinance a payday loan without terminating the previous agreement and entering into a new agreement that the creditor and consumer each sign in person or with an electronic signature; or ``(C) require a consumer to pay interest and fees in connection with a refinancing that, combined, total more than the amount permitted under paragraph (1)(B).''. (b) Technical and Conforming Amendments.-- (1) Disclosures.--Section 128(a)(4) of the Truth in Lending Act (U.S.C. 1638(a)(4)) is amended-- (A) by striking ``or'' after ``does not exceed $5,'' and (B) by inserting ``, or if the loan is subject to section 129B''. (2) Effect on other laws.--Section 111 of the Truth in Lending Act (U.S.C. 1610) is amended-- (A) in subsection (b), by inserting ``subsection (f) of this section and'' after ``Except as provided in''; and (B) by adding at the end the following new subsection: ``(f) Payday Loans.-- ``(1) In general.--The following provisions of the law of any State shall not apply to any payday loan, or any refinancing of a payday loan, that is subject to section 129B: ``(A) Any provision requiring minimum loan terms. ``(B) Any provision prohibiting, defining or limiting any refinancing. ``(C) Any provision prohibiting or limiting the use of a check or debit authorization to originate a payday loan. ``(D) Any provision prohibiting or mandating extended payment plans. ``(E) Any provision limiting the rate or amount of interest and fees or default, delinquency or not sufficient fund fees or other charges which may be taken, received or reserved by creditors for payday loans or any refinancing of a payday loan. ``(2) Enforcement.--Notwithstanding paragraph (1), any State may employ or establish State laws for the purpose of enforcing the requirements of section 129B.''. (c) Clerical Amendment.--The table of sections for chapter 2 of the Truth in Lending Act is amended by inserting after the item relating to section 129 the following new items: ``129A. Fiduciary duty of servicers of pooled residential mortgages. ``129B. Protections for consumers.''. | Consumer Lending Education And Reform Act or the C.L.E.A.R. Act - Amends the Truth in Lending Act to limit the interest, fees and charges that a payday lender may require a consumer to pay with respect to an original payday loan and a refinanced payday loan. Prohibits a payday lender from: (1) requiring a consumer to pay an origination fee for a payday loan that is refinanced; or (2) making or refinancing a payday loan unless the creditor has first provided the consumer with a copy of a written loan agreement, signed by the creditor and by the consumer, which includes specified information in English and in the language in which the loan was negotiated. Requires a payday lender to file a surety bond. Prohibits a payday lender from making or refinancing a payday loan unless the terms of the loan require the creditor, upon receiving notice of consumer's inability to repay, to provide the consumer with notice of and the right to opt into an extended payment plan, without charge, one time in any 12-month period. Prohibits a creditor from engaging in any collection activity (or procuring the services of any other for such purpose) during the term of any extended payment plan. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Conscience Rights Act''. SEC. 2. FINDINGS. Congress finds as follows: (1) As Thomas Jefferson declared to New London Methodists in 1809, ``[n]o provision in our Constitution ought to be dearer to man than that which protects the rights of conscience against the enterprises of the civil authority''. (2) Jefferson's conviction on respect for conscience is deeply embedded in the history and traditions of our Nation, and codified in numerous Federal laws approved by congressional majorities and Presidents of both parties, including in the Public Health Service Act (42 U.S.C. 201 et seq.); the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 7601 et seq.); the Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb et seq.); longstanding provisions on respect for conscience rights in the Federal Employees Health Benefits Program and District of Columbia appropriations; and laws to protect individuals from being forced to participate in Federal executions or prosecutions. (3) Following enactment of the Patient Protection and Affordable Care Act (Public Law 111-148, in this section referred to as ``PPACA''), the Federal Government has sought to impose specific requirements that infringe on the rights of conscience of those who offer or purchase health coverage. (4) While PPACA provides an exemption for some religious groups that object to participation in health insurance generally, and exempts millions of Americans from most of the Act's provisions, including the preventive services mandate, it fails to provide statutory protection for those seeking to offer or to purchase health coverage who have a religious or moral objection only to specific items or services. (5) Nurses and other health care providers have increasingly been subjected to discrimination for abiding by their conscience rather than providing, paying for, or referring for abortion. (6) Conscience rights protections for health care providers are an important part of civil rights protections in Federal law and are indispensable to the continued viability of the health care system in the United States. The increasingly significant discrimination suffered by faith-based nonprofit health care providers risks undermining access to high-quality compassionate care for some of the most vulnerable populations in our country. SEC. 3. APPLYING LONGSTANDING POLICY ON CONSCIENCE RIGHTS TO THE AFFORDABLE CARE ACT. (a) In General.--Title I of the Patient Protection and Affordable Care Act (Public Law 111-148) is amended-- (1) by redesignating the second section 1563 (relating to conforming amendments and as redesignated by section 10107(b)(1) of the Patient Protection and Affordable Care Act) as section 1564; (2) by redesignating the third section 1563 (relating to the Sense of the Senate promoting fiscal responsibility) as section 1565; and (3) by adding at the end the following new section: ``SEC. 1566. RESPECTING CONSCIENCE RIGHTS IN HEALTH COVERAGE. ``(a) In General.--Notwithstanding any other provision of this title, no provision of this title (and no amendment made by this title) shall-- ``(1) require an individual to purchase individual health insurance coverage that includes coverage of an abortion or other item or service to which such individual has a moral or religious objection, or prevent an issuer from offering or issuing, to such individual, individual health insurance coverage that excludes such item or service; ``(2) require a sponsor (or, in the case of health insurance coverage offered to students through an institution of higher education, the institution of higher education offering such coverage) to sponsor, purchase, or provide any health benefits coverage or group health plan that includes coverage of an abortion or other item or service to which such sponsor or institution, respectively, has a moral or religious objection, or prevent an issuer from offering or issuing to such sponsor or institution, respectively, health insurance coverage that excludes such item or service; ``(3) require an issuer of health insurance coverage or the sponsor of a group health plan to include, in any such coverage or plan, coverage of an abortion or other item or service to which such issuer or sponsor has a moral or religious objection; or ``(4) authorize the imposition of a tax, penalty, fee, fine, or other sanction, or the imposition of coverage of the item or service to which there is a moral or religious objection, in relation to health insurance coverage or a group health plan that excludes an item or service pursuant to this section. ``(b) Restriction on Contrary Governmental Action.--No provision in this title (or amendment made by this title) or law, regulation, guideline or other governmental action that implements such provision or amendment, or derives its authority therefrom, shall be given legal effect to the extent that it violates this section. ``(c) No Effect on Other Laws.--Nothing in this section shall be construed to preempt, modify, or otherwise have any effect on-- ``(1) the Civil Rights Act of 1964; ``(2) the Americans with Disabilities Act of 1990; ``(3) the Pregnancy Discrimination Act of 1978; ``(4) the Mental Health Parity Act of 1996; or ``(5) any other State or Federal law, other than a provision in this title (or an amendment made by this title) or a law, regulation, guideline or other governmental action that implements such provision or amendment or derives its authority therefrom. ``(d) Aggregate Actuarial Value.--Nothing in this section shall be construed to prohibit the Secretary from issuing regulations or other guidance to ensure that health insurance coverage or group health plans excluding abortion or other items or services under this section shall have an aggregate actuarial value at least equivalent to that of health insurance coverage or group health plans at the same level of coverage that do not exclude such items or services. ``(e) Continued Application of Nondiscrimination Rules.--Nothing in this section shall be construed to permit a health insurance issuer, group health plan, or other health care provider to act in a manner inconsistent with subparagraph (B) or (D) of section 1302(b)(4).''. (b) Clerical Amendment.--The table of contents of the Patient Protection and Affordable Care Act (Public Law 111-148) is amended-- (1) by striking the following items: ``1563. Conforming amendments. ``1563. Sense of the Senate promoting fiscal responsibility.''; and (2) by inserting after the item relating to the section 1563 relating to small business procurement the following items: ``1564. Conforming amendments. ``1565. Sense of the Senate promoting fiscal responsibility. ``1566. Respecting conscience rights in health coverage.''. SEC. 4. ABORTION NONDISCRIMINATION FOR HEALTH CARE PROVIDERS. Section 245 of the Public Health Service Act (42 U.S.C. 238n) is amended-- (1) in the section heading, by striking ``and licensing of physicians'' and inserting ``, licensing, and practice of physicians and other health care entities''; (2) in subsection (a), by amending paragraph (1) to read as follows: ``(1) the entity refuses-- ``(A) to undergo training in the performance of induced abortions; ``(B) to require or provide such training; ``(C) to perform, participate in, provide coverage of, or pay for induced abortions; or ``(D) to provide referrals for such training or such abortions;''; (3) in subsection (b)(1), by striking ``standards'' and inserting ``standard''; (4) in subsection (c), by amending paragraphs (1) and (2) to read as follows: ``(1) The term `financial assistance', with respect to a government program, means governmental payments to cover the cost of health care services or benefits, or other Federal payments, grants, or loans to promote or otherwise facilitate health-related activities. ``(2) The term `health care entity' includes an individual physician or other health professional, a postgraduate physician training program, a participant in a program of training in the health professions, a hospital, a provider- sponsored organization as defined in section 1855(d) of the Social Security Act, a health maintenance organization, an accountable care organization, an issuer of health insurance coverage, any other kind of health care facility, organization, or plan, and an entity that provides or authorizes referrals for health care services.''; (5) by adding at the end of subsection (c) the following new paragraph: ``(4) The term `State or local government that receives Federal financial assistance' includes any agency or other governmental unit of a State or local government if such government receives Federal financial assistance.''; (6) by redesignating subsection (c) as subsection (d); and (7) by inserting after subsection (b) the following new subsection: ``(c) Administration.--The Secretary shall designate the Director of the Office for Civil Rights of the Department of Health and Human Services-- ``(1) to receive complaints alleging a violation of this section, section 1566 of the Patient Protection and Affordable Care Act, or any of subsections (b) through (e) of section 401 of the Health Programs Extension Act of 1973; and ``(2) to pursue the investigation of such complaints, in coordination with the Attorney General.''. SEC. 5. REMEDIES FOR VIOLATIONS OF FEDERAL CONSCIENCE LAWS. Title II of the Public Health Service Act (42 U.S.C. 202 et seq.) is amended by inserting after section 245 the following: ``SEC. 245A. CIVIL ACTION FOR CERTAIN VIOLATIONS. ``(a) In General.--A qualified party may, in a civil action, obtain appropriate relief with regard to a designated violation. ``(b) Definitions.--In this section-- ``(1) the term `qualified party' means-- ``(A) the Attorney General; or ``(B) any person or entity adversely affected by the designated violation; and ``(2) the term `designated violation' means an actual or threatened violation of section 245 of this Act, section 1566 of the Patient Protection and Affordable Care Act, or any of subsections (b) through (e) of section 401 of the Health Programs Extension Act of 1973. ``(c) Administrative Remedies Not Required.--An action under this section may be commenced, and relief may be granted, without regard to whether the party commencing the action has sought or exhausted available administrative remedies. ``(d) Defendants in Actions Under This Section May Include Governmental Entities as Well as Others.-- ``(1) In general.--An action under this section may be maintained against, among others, a party that is a Federal or State governmental entity. Relief in an action under this section may include money damages even if the defendant is such a governmental entity. ``(2) Definition.--For the purposes of this subsection, the term `State governmental entity' means a State, a local government within a State, or any agency or other governmental unit or authority of a State or of such a local government. ``(e) Nature of Relief.--The court shall grant-- ``(1) all necessary equitable and legal relief, including, where appropriate, declaratory relief and compensatory damages, to prevent the occurrence, continuance, or repetition of the designated violation and to compensate for losses resulting from the designated violation; and ``(2) to a prevailing plaintiff, reasonable attorneys' fees and litigation expenses as part of the costs.''. | Health Care Conscience Rights Act - Amends title I of the Patient Protection and Affordable Care Act to declare that nothing in such title shall require an individual to purchase individual health insurance coverage that includes coverage of an abortion or other item or service to which the individual has a moral or religious objection, or prevent an issuer from offering or issuing, to that individual, individual coverage excluding such item or service. Makes similar denials about requiring a sponsor to sponsor, purchase, or provide such coverage, or a health insurance issuer or group health plan sponsor to cover an abortion or other item or service to which the sponsor or issuer has a moral or religious objection. Denies also that such title authorizes imposition of a tax, penalty, fee, fine, or other sanction, or imposition of coverage of such an item or service, in relation to health insurance coverage or a group health plan that excludes such an item or service. Amends the Public Health Service Act to codify the prohibition against any action by the federal government and any state or local government receiving federal financial assistance to subject a health professional, a hospital, a provider-sponsored organization, a health maintenance organization, an accountable care organization, a health insurance plan, or any other kind of health care facility, organization, or plan to discrimination on the basis that the entity refuses to participate in abortion-related activities. Requires the Secretary of Health and Human Services to designate the Director of the Office for Civil Rights of the Department of Health and Human Services (HHS) to receive and investigate complaints alleging a violation of abortion discrimination prohibition. Creates a cause of action for the Attorney General or any person or entity adversely affected to obtain equitable or legal relief for any violation of this abortion discrimination prohibition. Allows commencement of an action to be commenced and the granting of relief without a prerequisite pursuit of administrative remedies. Allows such an action against a federal or state governmental entity. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Timber-Dependent Counties Stabilization Act of 1999''. SEC. 2. SHARING OF FOREST SERVICE TIMBER SALE RECEIPTS. (a) Payments.-- (1) Fiscal years 2000 through 2004.--In lieu of making the 25-percent payments to States for each of fiscal years 2000 through 2004, the Secretary of the Treasury shall pay to each State that is otherwise eligible to receive those payments the special payment amount determined for that State. (2) Fiscal years after fiscal year 2004.-- (A) In general.--For each fiscal year after fiscal year 2004, the Secretary of the Treasury shall pay to each State that is otherwise eligible for the 25- percent payments to States, as elected by the State, either-- (i) the special payment amount determined for that State, in lieu of the 25-percent payments to States otherwise applicable for that State; or (ii) the 25-percent payments to States applicable for that State. (B) Election.--The election under subparagraph (A) shall be made by the Governor of a State only once, for all fiscal years after fiscal year 2004, by not later than 5 years after the date of the enactment of this Act. If the Governor of a State fails to make the election by that date, the State is deemed to have elected the payment described in subparagraph (A)(i) for all fiscal years after fiscal year 2004. (3) Expenditure by states.--Amounts paid to a State under this subsection shall be expended by the State in the same manner in which 25-percent payments to States are required to be expended. (b) Definitions.--As used in this section: (1) 25-percent payments to states.--The term ``25-percent payments to States'' means the 25-percent payments authorized by the Act of May 23, 1908 (35 Stat. 260, chapter 192; 16 U.S.C. 500) for the benefit of counties in which national forests are situated, as in effect immediately before the date of the enactment of this section. (2) Special payment amount.--The term ``special payment amount'' means, for a State, the amount equal to-- (A) 76 percent, multiplied by (B) the amount equal to-- (i) the total amount of 25-percent payments to States made to the State for the 3 fiscal years (whether or not consecutive) for which those payments were the highest in the period beginning October 1, 1985, and ending September 30, 1995, divided by (ii) 3. The amount described in this paragraph shall be adjusted to reflect changes in the consumer price index for urban areas (as published by the Bureau of Labor Statistics) that occur after publication of that index for fiscal year 2004. SEC. 3. SHARING OF BUREAU OF LAND MANAGEMENT TIMBER SALE RECEIPTS. (a) Payments.-- (1) Fiscal years 2000 through 2004.--In lieu of making the 50-percent payments to counties for each of fiscal years 2000 through 2004, the Secretary of the Treasury shall pay to each county that is otherwise eligible to receive those payments the special payment amount determined for that county. (2) Fiscal years after fiscal year 2004.-- (A) In general.--For each fiscal year after fiscal year 2004, the Secretary of the Treasury shall pay to each county that is otherwise eligible to receive the 50-percent payments to counties, as elected by the county, either-- (i) the special payment amount, in lieu of the 50-percent payments to counties otherwise applicable and allocable to that county; or (ii) the share of the 50-percent payments to counties otherwise applicable and allocable to the county. (B) Election.--The election under subparagraph (A) shall be made by the chief executive officer of a county only once, for all fiscal years after fiscal year 2004, by not later than 5 years after the date of the enactment of this Act. If the chief executive officer of a county fails to make the election by that date, the county is deemed to have elected the payment described in subparagraph (A)(i) for all fiscal years after fiscal year 2004. (b) Definitions.--As used in this section: (1) 50-percent payments to counties.--The term ``50-percent payments to counties'' means the sum of the 50-percent share otherwise paid to a county pursuant to title II of the Act of August 28, 1937 (50 Stat. 875, chapter 876; 43 U.S.C. 1181f), and the payments made to counties pursuant to the Act of May 24, 1939 (53 Stat. 753, chapter 144; 43 U.S.C. 1181f-1 et seq.), as in effect immediately before the date of the enactment of this section. (2) Special payment amount.--The term ``special payment amount'' means the amount equal to-- (A) 76 percent, multiplied by (B) the amount equal to-- (i) the total amount of 50-percent payments to counties made to the county for the 3 fiscal years (whether or not consecutive) for which those payments were the highest in the period beginning October 1, 1985, and ending September 30, 1995, divided by (ii) 3. The amount described in this paragraph shall be adjusted to reflect changes in the consumer price index for urban areas (as published by the Bureau of Labor Statistics) that occur after publication of that index for fiscal year 2004. SEC. 4. CONFORMING AMENDMENT. Title XIII of the Omnibus Budget Reconciliation Act of 1993 (Public Law 103-66) is amended by striking chapter 4 (107 Stat. 681-682). | Timber-Dependent Counties Stabilization Act of 1999 - Revises the existing rate for State sharing of Forest Service and Bureau of Land Management timber sale receipts through a specified date, and permits States to choose either rate after such date. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Coastal Pollution Reduction Act of 1997''. SEC. 2. MAYAGUEZ, PUERTO RICO. (a) Findings.--Congress makes the following findings: (1) The existing discharge from the Mayaguez publicly owned treatment works is to the stressed waters of Mayaguez Bay, an area containing severely degraded coral reefs, and relocation of that discharge to unstressed ocean waters could benefit the marine environment. (2) The Federal Water Pollution Control Act should, consistent with the environmental goals of the Act, be administered with sufficient flexibility to take into consideration the unique characteristics of Mayaguez, Puerto Rico. (3) Some deep ocean areas off the coastline of Mayaguez, Puerto Rico, might be able to receive a less-than-secondary sewage discharge while still maintaining healthy and diverse marine life. (4) A properly designed and operated deep ocean outfall off the coast of Mayaguez, Puerto Rico, coupled with other pollution reduction activities in the Mayaguez Watershed could facilitate compliance with the requirements and purposes of the Federal Water Pollution Control Act without the need for more costly treatment. (5) The owner or operator of the Mayaguez publicly owned treatment works should be afforded an opportunity to make the necessary scientific studies and submit an application proposing use of a deep ocean outfall for review by the Administrator of the Environmental Protection Agency under section 301(h) of the Federal Water Pollution Control Act. (b) Application for Secondary Treatment Waiver for Mayaguez, Puerto Rico, Deep Ocean Outfall.--Section 301 of the Federal Water Pollution Control Act (33 U.S.C. 1311) is amended by adding at the end the following: ``(q) Application for Waiver.-- ``(1) Study.--In order to be eligible to apply for a waiver under this section, the owner or operator of the Mayaguez, Puerto Rico, publicly owned treatment works shall transmit to the Administrator a report on the results of a study of the marine environment of coastal areas in the Mayaguez area to determine the feasibility of constructing a deep ocean outfall for the Mayaguez treatment works. In conducting the study, the owner or operator shall consider variations in the currents, tidal movement, and other hydrological and geological characteristics at any proposed outfall location. Such study may recommend one or more technically feasible and environmentally acceptable locations for a deep ocean outfall intended to meet the requirements of subsection (h). Such study may be initiated, expanded, or continued not later than 3 months after the date of the enactment of this subsection. ``(2) Section 301(h) application for mayaguez, puerto rico.--Notwithstanding subsection (j)(1)(A), not later than 18 months after the date of the enactment of this subsection, an application may be submitted for a modification pursuant to subsection (h) of the requirements of subsection (b)(1)(B) by the owner or operator of the Mayaguez, Puerto Rico, publicly owned treatment works at a location recommended in a study conducted pursuant to paragraph (1). Such application shall not be subject to the application revision procedures of section 125.59(d) of title 40, Code of Federal Regulations. No such application may be filed unless and until the applicant has entered into a binding consent decree with the United States that includes, at a minimum, the following: ``(A) A schedule and milestones to ensure expeditious compliance with the requirements of subsection (b)(1)(B) in the event the requested modification is denied, including interim effluent limits and design activities to be undertaken while the application is pending. ``(B) A schedule and interim milestones to ensure expeditious compliance with the requirements of any modification of subsection (b)(1)(B) in the event the requested modification is approved. ``(C) A commitment by the applicant to contribute not less than $400,000 to the Mayaguez Watershed Initiative in accordance with such schedules as may be specified in the consent decree. ``(3) Initial determination.--On or before the 270th day after the date of submittal of an application under paragraph (2) that has been deemed complete by the Administrator, the Administrator shall issue to the applicant a tentative determination regarding the requested modification. ``(4) Final determination.--On or before the 270th day after the date of issuance of the tentative determination under paragraph (3), the Administrator shall issue a final determination regarding the modification. ``(5) Additional condition.--The Administrator may not grant a modification pursuant to an application submitted under this subsection unless the Administrator determines that the new deep water ocean outfall will use a well-designed and operated diffuser that discharges into unstressed ocean waters and is situated so as to avoid discharge (or transport of discharged pollutants) to coral reefs, other sensitive marine resources or recreational areas, and shorelines. ``(6) Effectiveness.--If a modification is granted pursuant to an application submitted under this subsection, such modification shall be effective only if the new deepwater ocean outfall is operational on or before the date that is 4\1/2\ years after the date of the Administrator's initial tentative determination on the application.''. SEC. 3. NATIONAL ESTUARY PROGRAM. (a) Grants for Comprehensive Conservation and Management Plans.-- Section 320(g)(2) of the Federal Water Pollution Control Act (33 U.S.C. 1330(g)(2)) is amended by inserting ``and implementation'' after ``development''. (b) Authorization of Appropriations.--Section 320(i) of such Act (33 U.S.C. 1330(i)) is amended by striking ``1987'' and all that follows through ``1991'' and inserting the following: ``1987 through 1991, such sums as may be necessary for fiscal years 1992 through 1997, and $20,000,000 for fiscal year 1998''. Passed the House of Representatives November 13, 1997. Attest: ROBIN H. CARLE, Clerk. | Coastal Pollution Reduction Act of 1997 - Amends the Federal Water Pollution Control Act to require the owner or operator of the Mayaguez, Puerto Rico, publicly owned treatment works, in order to be eligible to apply for a waiver of secondary treatment requirements, to transmit to the Administrator of the Environmental Protection Agency the results of a study of the marine environment of coastal areas in the Mayaguez area to determine the feasibility of constructing a deep ocean outfall for the treatment works. Authorizes the owner or operator of such treatment works to submit an application for modification of secondary treatment requirements. Prohibits the filing of such application unless the applicant has entered into a binding consent decree with the United States that includes certain minimum requirements for schedules of compliance, milestones, and a commitment to contribute a minimum amount to the Mayaguez Watershed Initiative. Bars the Administrator from granting a modification unless the outfall will use a well-designed and operated diffuser that discharges into unstressed ocean waters and is situated so as to avoid discharge to coral reefs, sensitive marine resources or recreational areas, and shorelines. Makes a modification effective only if the outfall is operational within four and a half years of the date of the Administrator's initial determination on the application. Permits certain grants for the development of estuary conservation and management plans to be used for the implementation of plans as well. Extends the authorization of appropriations for the National Estuary Program through FY 1998. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Sex Trafficking Data and Response Act of 2013''. SEC. 2. STREAMLINE DATA COLLECTION AND REPORTING ON SEX TRAFFICKING. (a) Foster Care and Adoption Assistance Program.-- (1) State plan requirements.--Section 471(a) of the Social Security Act (42 U.S.C. 671(a)) is amended-- (A) by striking ``and'' at the end of paragraph (32); (B) by striking the period at the end of paragraph (33) and inserting a semicolon; and (C) by adding at the end the following: ``(34) provides that for each child over whom the State agency has responsibility for placement, care, or supervision, the State agency shall-- ``(A) identify and document appropriately in agency records each child who is identified as being a victim of sex trafficking (as defined in section 103(10) of the Trafficking Victims Protection Act of 2000) or as a victim of severe forms of trafficking in persons described in section 103(9)(A) of the Trafficking Victims Protection Act of 2000 (relating to sex trafficking) as such a victim; and ``(B) report immediately, and in no case later than 24 hours after receiving, information on missing or abducted children to the law enforcement authorities for entry into the National Crime Information Center (NCIC) database of the Federal Bureau of Investigation, established pursuant to section 534 of title 28, United States Code; and ``(35) contains a regularly updated description of the specific measures taken by the State agency to protect and provide services to children who are victims of sex trafficking (as defined in section 103(10) of the Trafficking Victims Protection Act of 2000), including efforts to coordinate with State law enforcement, juvenile justice, and social service agencies such as runaway and homeless youth shelters to serve that population.''. (2) Regulations.--The Secretary of Health and Human Services shall promulgate regulations implementing the amendments made by paragraph (1) and shall provide uniform definitions for States to use for the reports required under paragraph (34)(B) of section 471(a) of the Social Security Act (42 U.S.C. 671(a)(34)(B)) (as added by paragraph (1)). The regulations promulgated under this paragraph shall include provisions to permit the Secretary of Health and Human Services the discretion to withhold a portion of the Federal funds to be paid a State under section 474 of the Social Security Act (42 U.S.C. 674) for a fiscal year quarter from any State that fails to substantially comply with the requirements of paragraphs (34) and (35) of section 471(a) of such Act (as so added). (3) Inclusion of data in afcars.-- (A) In general.--Section 479(c)(3) of the Social Security Act (42 U.S.C. 679(c)(3)) is amended-- (i) in subparagraph (C)(iii), by striking ``and'' after the semicolon; and (ii) by adding at the end the following: ``(E) the annual aggregate number of children in foster care who are identified as victims of sex trafficking (as defined in section 103(10) of the Trafficking Victims Protection Act of 2000); and''. (B) Report to congress.--During the period that begins on January 1, 2014, and ends on the effective date of a final rule promulgated by the Secretary of Health and Human Services implementing the AFCARS data collection requirement added by the amendments made by subparagraph (A), the Secretary of Health and Human Services shall submit an annual report to Congress that contains the annual aggregate number of children in foster care who are identified as victims of sex trafficking (as defined in section 103(10) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(10))), together with such other information as the Secretary determines appropriate relating to the identification of, and provision of services for, that population of children. (b) State Reporting.--Section 3702 of the Crime Control Act of 1990 (42 U.S.C. 5780) is amended-- (1) in paragraph (2), by striking ``and'' at the end; and (2) in paragraph (4)-- (A) in the matter preceding subparagraph (A), by striking ``paragraph (2)'' and inserting ``paragraph (3)''; (B) in subparagraph (A), by inserting ``and a photograph taken within the previous 180 days'' after ``dental records''; (C) in subparagraph (B), by striking ``and'' at the end; (D) by redesignating subparagraph (C) as subparagraph (D); and (E) by inserting after subparagraph (B) the following: ``(C) notify the National Center for Missing and Exploited Children of each report received relating to a child reported missing from a foster care family home or childcare institution; and''. (c) CAPTA Amendments.-- (1) State plan amendments.--Section 106 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a) is amended-- (A) in subsection (b)(2)(B)-- (i) in clause (xxii), by striking ``and'' at the end; and (ii) by adding at the end the following: ``(xxiv) provisions and procedures requiring identification and assessment of all reports involving children known or suspected to be, victims of sex trafficking (as defined in paragraph (10) of section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102)) or victims of severe forms of trafficking in persons described in paragraph (9)(A) of that section; and ``(xxv) provisions and procedures for training child protective services workers about identifying and providing comprehensive services for children who are victims described in clause (xxiv), and providing such services for such children, including efforts to coordinate with State law enforcement, juvenile justice, and social service agencies such as runaway and homeless youth shelters to serve this population;''; and (B) in subsection (d), by adding at the end the following: ``(17) The number of children determined to be victims described in subsection (b)(2)(B)(xxiv).''. (2) Special rule.-- (A) In general.--Section 111 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106g) is amended-- (i) by striking ``For purposes'' and inserting the following: ``(a) Definitions.--For purposes''; and (ii) by adding at the end the following: ``(b) Special Rule.-- ``(1) In general.--For purposes of section 3(2) and subsection (a)(4), a child shall be considered a victim of `child abuse and neglect' and of `sexual abuse' if the child is identified, by a State or local agency employee of the State or locality involved, as being a victim of sex trafficking (as defined in paragraph (10) of section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102)) or a victim of severe forms of trafficking in persons described in paragraph (9)(A) of that section. ``(2) State option.--Notwithstanding the definition of `child' in section 3(1), a State may elect to define that term for purposes of the application of paragraph (1) to section 3(2) and subsection (a)(4) as a person who has not attained the age of 24.''. (B) Conforming amendment.--Section 3(2) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 note) is amended by inserting ``(including sexual abuse as determined under section 111)'' after ``sexual abuse or exploitation''. (3) Technical correction.--Paragraph (5)(C) of subsection (a), as so designated, of section 111 of the Child Care and Development Block Grant Act of 1990 is amended by striking ``inhumane;'' and inserting ``inhumane.''. SEC. 3. REPORT TO CONGRESS ON LABOR TRAFFICKING IN CHILD WELFARE AND BARRIERS TO DOCUMENTATION AND SERVICE PROVISION TO UNIQUE VICTIM POPULATIONS. Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services, in coordination with the Attorney General, shall submit to the Congress a report detailing issues related to identifying, and providing services for, victims of labor trafficking, as defined in section 103(9)(B) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(9)(B)), within the child welfare system. The report shall address the following: (1) Whether State law enforcement, child welfare, and other relevant State agencies have identified a significant presence of victims of labor trafficking within the child welfare population. (2) With respect to any States that have identified a significant presence of such victims-- (A) any numerical estimates of the prevalence of such victims; (B) a description of how such States provide services for, or plan to provide services for, such victims; and (C) a description of the extent to which there are service delivery issues, particularly with respect to the extent to which the requirements associated with existing sources of Federal funding for all victims of trafficking, as defined in section 103(15) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(15)), prevents population-specific service delivery within the child welfare system. SEC. 4. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), the amendments made by this Act shall take effect on the date that is 1 year after the date of the enactment of this Act (and in the case of the amendments made by section 2(a)(1), without regard to whether final regulations required under section 2(a)(2) have been promulgated). (b) Delay Permitted if State Legislation Required.--In the case of a State plan approved under part E of title IV of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by this Act, the State plan shall not be regarded as failing to comply with the requirements of such part solely on the basis of the failure of the plan to meet such additional requirements before the 1st day of the 1st calendar quarter beginning after the close of the 1st regular session of the State legislature that ends after the 1-year period beginning with the date of the enactment of this Act. For purposes of the preceding sentence, in the case of a State that has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature. Except as otherwise provided in this Act the amendments made by this Act shall take effect on the date that is 1 year after the date of the enactment of this Act. | Child Sex Trafficking Data and Response Act of 2013 - Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to require state plans for foster care and adoption assistance to provide that for each child over whom the state has responsibility for placement, care, or supervision, the state agency shall: (1) identify and document in agency records each child identified as a victim of sex trafficking, including severe forms of trafficking in certain persons; and (2) report immediately, within 24 hours, any information on missing or abducted children to the law enforcement authorities for entry into the National Crime Information Center (NCIC) database of the Federal Bureau of Investigation (FBI). Requires such plans also to contain a regularly updated description of the specific measures the state agency has taken to protect and provide services to child victims of sex trafficking, including efforts to coordinate with state law enforcement, juvenile justice, and social service agencies such as runaway and homeless youth shelters to serve that population. Requires the Adoption and Foster Care Analysis and Reporting System (AFCARS) to provide comprehensive national information with respect to the aggregate number of children in foster care identified as victims of sex trafficking. Amends the Crime Control Act of 1990 to require any law enforcement agency that entered a missing child report into the NCIC to notify the National Center for Missing and Exploited Children of each report received relating to a child reported missing from a foster care family home or childcare institution. Amends the Child Abuse Prevention and Treatment Act to require that the state plan under the Act certifies that the state has in effect and is enforcing a state law, or is operating a statewide program, relating to child abuse and neglect that includes provisions and procedures requiring: (1) identification and assessment of all reports involving child victims of sex trafficking, and (2) training child protective services workers about identifying and providing comprehensive services for such children. Directs the Secretary of Health and Human Services (HHS) to report to Congress on issues related to identifying, and providing services for, victims of labor trafficking within the child welfare system. |
SECTION 1. SHORT TITLE; FINDINGS; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Nurse and Health Care Worker Protection Act of 2015''. (b) Findings.--Congress finds the following: (1) In 2014, registered nurses ranked sixth among all occupations for the number of cases of musculoskeletal disorders resulting in days away from work, with 11,360 total cases. Nursing assistants reported 20,020 cases in 2014, the second highest of any profession. The leading cause of these health care employees' injuries is patient lifting, transferring, and repositioning injuries, which constitute a significant risk to the health and welfare of those employees under the Occupational Safety and Health Act of 1970. (2) The physical demands of the nursing profession lead many nurses to leave the profession. Fifty-two percent of nurses complain of chronic back pain and 38 percent suffer from pain severe enough to require leave from work. Many nurses and other health care workers suffering back injury do not return to work. These consequences constitute a material impairment of health for these employees under the Occupational Safety and Health Act of 1970. (3) Patients are not at optimum levels of safety while being lifted, transferred, or repositioned manually. Appropriate mechanical lifts can substantially reduce skin tears and pressure ulcers suffered by patients and the frequency of patients being dropped, thus allowing patients a safer means to progress through their care and avoid disabling injuries due to unsafe practices. (4) The development of assistive patient handling technology, equipment, and devices has essentially rendered the act of strict manual patient handling outdated and typically unnecessary as a function of nursing care. (5) A growing number of health care facilities that have incorporated patient handling technology and practices have reported positive results. Injuries among nursing staff and health care workers have dramatically declined at health care facilities implementing safe patient handling technology, equipment, devices, and practices. As a result, the number of lost work days due to injury and staff turnover has declined. Studies have also shown that assistive patient handling technology successfully reduces workers' compensation costs for musculoskeletal disorders. (6) A number of States have implemented safe patient handling, mobility and injury prevention standards. The success of these programs at the facility and State level demonstrates the technological and economical feasibility of such standards. (7) Establishing a safe patient handling, mobility, and injury prevention standard for direct-care registered nurses and other health care workers is a critical component reasonably necessary for protecting the health and safety of nurses and other health care workers, addressing the nursing shortage, and increasing patient safety. (c) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; findings; table of contents. Sec. 2. Safe patient handling, mobility, and injury prevention standard. Sec. 3. Application of safe patient handling, mobility, and injury prevention standard to facilities receiving Medicare and Medicaid funds. Sec. 4. Nonpreemption. Sec. 5. Definitions. SEC. 2. SAFE PATIENT HANDLING, MOBILITY, AND INJURY PREVENTION STANDARD. (a) Rulemaking.--Notwithstanding any other provision of law, not later than 1 year after the date of enactment of this Act, the Secretary of Labor shall, pursuant to section 6 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655), promulgate an interim final standard on safe patient handling, mobility, and injury prevention (in this section such standard is referred to as the ``safe patient handling, mobility, and injury prevention standard'') to prevent musculoskeletal disorders for direct-care registered nurses and all other health care workers handling patients. The interim final standard shall remain in effect until it is replaced by a final safe patient handling, mobility, and injury prevention standard. (b) Requirements.--The safe patient handling, mobility, and injury prevention standard shall require the use of engineering and safety controls to perform handling of patients and to reduce the incidence of injuries from manual handling of patients by direct-care registered nurses and all other health care workers, through the development of a comprehensive program, to include the use of mechanical technology and devices to the greatest degree feasible. Where the use of mechanical technology and devices is not feasible, the standards shall require the use of alternative controls and measures to minimize the risk of injury to nurses and health care workers resulting from the manual handling of patients. The standard shall apply to all health care employers, shall generally align with interprofessional national safe patient handling, mobility, and injury prevention standards, and shall include the following: (1) Program development.--A requirement that each health care employer shall develop and implement a safe patient handling, mobility, and injury prevention program within 6 months of the date of promulgation of the interim final standard, which program shall include hazard identification, risk assessments, and control measures in relation to patient care duties and patient handling. (2) Technology and equipment purchase and management.--A requirement that, within 2 years of the date of issuance by the Secretary of an interim final standard, each health care employer shall purchase, use, maintain, and make accessible to health care workers, such safe patient handling equipment, technology, and accessories as the Secretary determines appropriate. (3) Health care worker participation.--A requirement that each health care employer shall obtain input from health care workers, to include direct care registered nurses, health care workers, their representatives, and their collective bargaining agents, in developing and implementing the safe patient handling, mobility, and injury prevention program, including training and education and the purchase of technology and equipment and necessary accessories. (4) Data tracking and review.--A requirement that each health care employer shall establish a review program to analyze data relevant to the implementation of the employers' safe patient handling, mobility, and injury prevention program, and shall account for circumstances where safe patient handling technology or equipment were not utilized in accordance with the health care employers' safe patient handling, mobility, and injury prevention standard. Each health care employer shall upon request, make available their findings and data used in such review, to health care workers, their representatives, their collective bargaining agents, and the Secretary or other Federal agency. Each health care employer shall maintain the data and findings from their review for at least 5 years (5) Incorporation of technology into facilities.--A requirement that each health care employer shall consider the feasibility of incorporating safe patient handling technology as part of process of new facility design and construction, or facility remodeling. (6) Education and training.--A requirement that each health care employer shall train health care workers on safe patient handling, mobility, and injury prevention policies, technology, equipment, and devices, initially, and on a continuing annual basis, and as necessary. Such training shall prepare health care workers, to identify, assess, and control musculoskeletal hazards of a general nature, and those specific to particular patient care areas, and shall be conducted by an individual with knowledge in the subject matter, and delivered, at least in part, in an interactive simulated point-of-care training and hands-on format that reflects the specific demands of a health care workers' duties. (7) Notice of safe patient handling and rights under this act.--A requirement that each health care employer shall post a uniform notice in a form specified by the Secretary that-- (A) explains the safe patient handling, mobility, and injury prevention standard; (B) includes information regarding safe patient handling, mobility, and injury prevention policies and training; (C) explains procedures to report patient handling- related injuries; and (D) explains health care workers' rights under this Act, including any whistleblower protections. (8) Annual evaluation.--A requirement that each health care employer shall conduct an annual written evaluation of the implementation of the safe patient handling, mobility, and injury prevention program, including handling procedures, selection of technology, equipment, and engineering controls, assessment of injuries, and new safe patient handling, mobility, and injury prevention technology and devices that have been developed. The evaluation shall be conducted with the involvement of nurses, other health care workers, their representatives, and their collective bargaining agents, and their input shall be documented in the evaluation. Health care employers shall take corrective action as recommended in the written evaluation. (9) Right to refuse unsafe assignment.--A requirement that each health care employer shall provide procedures under which a health care worker or employee may refuse to perform the employee's duties if the employee has a reasonable apprehension that performing such duties would violate the safe patient handling, mobility, and injury prevention standard, and would result in injury or impairment of health to the health care worker, other health care workers, or patients. Where practicable, the health care worker must have communicated the health or safety concern to the health care employer and have not been able to obtain a correction of the violation. (c) Inspections.--The Secretary of Labor shall conduct unscheduled inspections under section 8 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 657) to ensure implementation of and compliance with the safe patient handling, mobility, and injury prevention standard. SEC. 3. APPLICATION OF SAFE PATIENT HANDLING, MOBILITY, AND INJURY PREVENTION STANDARD TO FACILITIES RECEIVING MEDICARE AND MEDICAID FUNDS. (a) In General.--Section 1866 of the Social Security Act (42 U.S.C. 1395cc) is amended-- (1) in subsection (a)(1)(V), by inserting ``and safe patient handling, mobility, and injury prevention standard (as initially promulgated under section 2 of the Nurse and Health Care Worker Protection Act of 2015)'' before the period at the end; and (2) in subsection (b)(4)-- (A) in subparagraph (A), by inserting ``and the safe patient handling, mobility, and injury prevention standard'' after ``Bloodborne Pathogens standard''; and (B) in subparagraph (B), by inserting ``or the safe patient handling, mobility, and injury prevention standard'' after ``Bloodborne Pathogens standard''. (b) Effective Date.--The amendments made by subsection (a) shall apply to health care facilities 1 year after date of issuance of the final safe patient handling, mobility, and injury prevention standard required under section 2. SEC. 4. NONPREEMPTION. (a) Effect on Other Laws.--Nothing in this Act shall be construed to-- (1) preempt any law, rule, or regulation of a State or political subdivision of a State, unless such law, rule, or regulation is in conflict with this Act or a regulation or order issued under this Act; (2) impair or diminish in any way the authority of any State to enact and enforce any law which provides equivalent or greater protections for employees engaging in conduct protected under this Act; (3) curtail or limit in any way the right of people with disabilities under the Americans with Disabilities Act (42 12101 et seq.) or section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) to those reasonable modifications needed to receive equal access to health care, including the requirement that health care employees give priority consideration to the lifting, movement, or transfer needs and preferences of people with disabilities; or (4) curtail or limit in any way consideration as an expenditure to acquire or modify equipment for use by or to benefit individuals with disabilities that is specified in section 44 of the Internal Revenue Code of 1986, which is available to eligible small businesses. (b) Rights Retained by Health Care Workers.--Nothing in this Act shall be construed to diminish the rights, privileges, or remedies of any health care worker or employee under any Federal or State law, or under any collective bargaining agreement. SEC. 5. DEFINITIONS. For purposes of this Act: (1) Direct-care registered nurse.--The term ``direct-care registered nurse'' means an individual who has been granted a license by at least one State to practice as a registered nurse and who provides bedside care or outpatient services for one or more patients or residents. (2) Employee.--The term ``employee'' means any individual employed by a health care employer, to include health care workers, as well as employees who do not qualify as health care workers, including independent contractors. (3) Employment.--The term ``employment'' includes the provision of services under a contract or other arrangement. (4) Handling.--The term ``handling'' includes actions such as lifting, transferring, repositioning, mobilizing, moving, or any other action involving the physical movement, manipulation, or support of a patient by a health care worker, or any direct patient care action which presents a risk of musculoskeletal injury. (5) Health care employer.--The term ``health care employer'' means an outpatient health care facility, hospital, nursing home, home health care agency, social assistance facility or program, hospice, federally qualified health center, nurse managed health center, rural health clinic or rehabilitative center, or any similar health care facility that employs direct-care registered nurses or other health care workers. (6) Health care worker.--The term ``health care worker'' means an individual who has been assigned by a health care employer to engage in patient handling, including direct-care registered nurses, independent contractors, or individuals who perform the duties of health care workers. | Nurse and Health Care Worker Protection Act of 2015 This bill requires the Department of Labor to establish a standard on safe patient handling, mobility, and injury prevention to prevent musculoskeletal disorders for health care workers. The standard must require the use of engineering and safety controls to handle patients. The standard must require health care employers to: (1) develop and implement a safe patient handling, mobility, and injury prevention program; (2) train their workers on safe patient handling, mobility, and injury prevention; and (3) post a notice that explains the standard, procedures to report patient handling-related injuries, and workers' rights under this Act. Labor must conduct unscheduled inspections to ensure compliance with the standard. This bill amends title XVIII (Medicare) of the Social Security Act to apply the standard to hospitals receiving Medicare funds. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Digital TV Transition Fairness Act''. SEC. 2. DEFINITIONS. In this Act, the following definitions shall apply: (1) Assistant secretary.--The term ``Assistant Secretary'' means the Assistant Secretary for Communications and Information of the Department of Commerce. (2) Commission.--The term ``Commission'' means the Federal Communications Commission. (3) Digital-to-analog converter box.--The term ``digital- to-analog converter box'' has the same meaning as in section 3005(d) of the Digital Television Transition and Public Safety Act of 2005. (4) Local market.--The term ``local market'' has the same meaning as in section 122(j) of title 17, United States Code. (5) Multichannel video programming distributor.--The term ``multichannel video programming distributor'' has the same meaning as in section 602(13) of the Communications Act of 1934. (6) Television broadcast station.--The term ``television broadcast station'' has the same meaning as in section 325(b)(7) of the Communications Act of 1934. SEC. 3. DIGITAL VIEWERSHIP COUPON PROGRAM. (a) Creation of Program.--The Assistant Secretary, in coordination and consultation with the Commission, shall implement and administer a program through which households or individuals in the United States may obtain coupons that can be applied toward-- (1) the cost to install a digital-to-analog converter box; (2) the purchase of an indoor or outdoor antenna, or both if needed, to facilitate the reception and display of signals of channels broadcast in digital television service; (3) the cost to install any antenna described in paragraph (2); and (4) the cost to install, or the cost of any other equipment needed to receive and display, basic broadcast television service, as such service is described in section 4. (b) Program Specifications.-- (1) Eligibility.-- (A) Household or individual.--Any household or individual that was or is eligible for a digital-to- analog converter box coupon under the coupon program established under section 3005 of the Digital Television Transition and Public Safety Act of 2005 shall be eligible to receive a coupon under the coupon program established under this section. (B) Product eligibility.--The Assistant Secretary, in consultation with the Commission, shall determine minimum standards for which types of antennas, installation providers, and other companies are eligible to participate in the coupon program established under this section. Such minimum standards shall be established not later than 30 days after the date of enactment of this Act. (C) Limitation.--No household or individual may be eligible to participate in the coupon program established under this section if-- (i) on the date of enactment of this Act, the household or individual was receiving broadcast television that it had purchased from a multichannel video programming distributor; or (ii) after the date of enactment of this Act, the household or individual purchases television broadcasts, other than basic broadcast television service described in section 4, from a multichannel video programming distributor. (2) Request.--A household or individual may obtain coupons under this section by making a request as required by the regulations implementing this section. (3) Coupon value.--The Assistant Secretary shall determine the value of any coupons issued under this section, provided that the value of any single coupon does not exceed $80. In making the determination of the value of any single coupon, the Assistant Secretary shall consider the purpose for which the requesting household or individual is requesting the coupon and the types of costs to which the coupon will be applied. (4) Duration.--All coupons issued under this section shall expire upon the later of the date of termination of the program established under this section or 90 days. (5) Termination.--The program established under this section shall terminate on the date that is 18 months after the date on which the first coupon under this section is issued. (c) Consumer Education.--The Assistant Secretary shall develop, in consultation with the Commission and broadcast and television industry representatives, an Internet website and a toll-free telephone hotline accessible to consumers that have degraded or lost signals or channels as a result of the full power transition from analog to digital television that is to occur on February 17, 2009. The website and telephone hotline shall provide relevant information in order to assist consumers in determining-- (1) if the purchase or installation of an outdoor or indoor antenna will assist the consumer in resolving or improving their digital television reception problems; and (2) what options are available to them should they find that purchasing an outdoor or indoor antenna will not assist in resolving or improving their digital television reception. (d) Anti-Fraud Protections.--The Assistant Secretary shall develop, in consultation with the Commission, anti-fraud measures and procedures to ensure that only eligible households and individuals receive a coupon issued under this section. (e) Reporting Requirement.-- (1) In general.--Not later than 1 month after the date of enactment of this Act, and every 7 days thereafter, the National Telecommunications and Information Administration shall make publicly available on its website the-- (A) number of requests for coupons under this section; (B) number of coupons issued under this section; (C) amount of each coupon issued, including the total amount of all such issued coupons; (D) types of costs to which each such issued coupon will be applied, as such costs are self-reported on the application of each household or individual; (E) number of issued coupons that have been redeemed; and (F) amount of unobligated and unexpended funds that remain from the amounts authorized under section 6. (2) Termination.--The requirement described under paragraph (1) shall terminate 3 months after the last coupon under this section is issued. SEC. 4. BASIC BROADCAST TELEVISION SERVICE. (a) Requirement.-- (1) In general.--The Commission shall promulgate rules requiring that each multichannel video programming distributor, who provides broadcast television for a local market, provide to eligible consumers in that local market access to basic broadcast television service, as such service is described in subsection (b). (2) Safe harbor.-- (A) In general.--The retransmission or secondary transmission of any televison broadcast station by a multichannel video programming distributor pursuant to paragraph (1) shall not be subject to any prohibitions on such activities as described under sections 325 and 338 of the Communications Act of 1934 or under section 122 of title 17, United States Code, and any such distributor shall be immune from any civil liability related to fulfilling the requirements under paragraph (1). (B) Fee exemption.--In promulgating rules under paragraph (1), the Commission shall require that each television broadcast station-- (i) grant consent to multichannel video programming distributors to retransmit the signal of such broadcasting station only for the purposes of fulfilling the requirements under paragraph (1); and (ii) waive any fees or charges that are customarily or usually applied for the grant of such consent. (b) Basic Broadcast Television Service.--Any rule promulgated under subsection (a) relating to the definition of basic broadcast television service shall ensure that, at a minimum, such service includes the transmission, retransmission, or secondary transmission of the over- the-air signal of any nonsubscription television broadcast station located within the local market. (c) Eligible Consumers.-- (1) In general.--For purposes of this section, an ``eligible consumer'' is a consumer-- (A) whose primary residence is located in a local market where at least 1 television broadcast station has certified to the Commission that channel signal loss has occurred as a result of the transition from analog to digital television that is to occur on February 17, 2009; and (B) who does not currently subscribe to a multichannel video programming service at his or her primary residence. (2) Loss of eligibility; purchase of additional service.-- If at any time after purchasing basic broadcast television service pursuant to this section, an eligible consumer purchases any additional channel service from a multichannel video programming distributor, such consumer shall no longer be eligible to purchase such basic broadcast television service. (d) Additional Cost Requirements.--In promulgating rules under subsection (a), the Commission shall ensure that-- (1) the cost to purchase basic broadcast television service does not exceed $10 per month, except that such maximum monthly fee shall be adjusted annually in accordance with the annual percentage increase in the Consumer Price Index of the Bureau of Labor Statistics of the Department of Labor in increments of $1 only when the percentage increase in such index, when applied to the maximum monthly fee, produces dollar increases that exceed $1; and (2) a multichannel video programming distributor providing such basic broadcast service may not charge installation costs for such service that are in excess of the regular market rate charged to normal non-basic broadcast television service customers who purchase installation for any other services provided by the multichannel video programming distributor. (e) Anti-Fraud Protections.--The Commission shall develop anti- fraud measures and procedures to ensure that only eligible consumers are provided access to basic broadcast television service under the terms of this section. (f) Report to Congress.--Not later than 6 months after the date of enactment of this Act, and every 12 months thereafter, the Commission shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives on-- (1) the number of eligible consumers who have purchased basic broadcast television service; (2) the problems encountered by eligible consumers, multichannel video programming distributors, television broadcasters, or the Commission in adhering to or implementing the requirements of this section; and (3) any other information the Commission determines appropriate. (g) Public Availability.--The Commission shall make any report required under subsection (e) available to the public on its website in a searchable and downloadable manner. (h) Termination Only by Act of Congress.--This section may be limited, canceled, terminated, or rescinded only by an Act of Congress. SEC. 5. OUTREACH CAMPAIGN. (a) In General.--The Commission, in consultation and coordination with the National Telecommunications and Information Administration, the Administrator of the Administration on Aging, the heads of any other relevant Federal agency, State and local agencies, the broadcast, cable, satellite, and other telecommunications industries, and nonprofit, religious, community-based, and other similar organizations, shall carry out an education and outreach campaign to inform and educate consumers on the availability, benefits, and advantages of the programs and requirements established under this Act. (b) Requirements.--The education and outreach campaign required under subsection (a) shall, at a minimum-- (1) begin immediately upon the date of enactment of this Act; (2) involve dissemination of information over radio, television, the Internet, and other electronic media, as well other traditional nonelectronic media; (3) require that each agency described in subsection (a) maintain information relating to the programs and requirements established under this Act on the website of such agency; and (4) require efforts to inform and educate all relevant consumers, in particular those consumers-- (A) in vulnerable populations such as-- (i) senior citizens; (ii) consumers living in rural and tribal areas; (iii) non-English speaking consumers; (iv) consumers with disabilities; and (v) low-income consumers; and (B) located in a local market where channel signal loss as a result of the full power transition from analog to digital television that is to occur on February 17, 2009, is likely or predicted to be likely. (c) Provision of Funds.--The Commission may distribute funds to nonprofit, religious, community-based, and other similar organizations to assist with the education and outreach campaign required under this section. (d) Website.--Each Federal agency participating in the education and outreach campaign required under this section shall work to ensure the existence and operation of a single website accessible by the public that shall serve as the clearinghouse for all information relating to this Act and the programs established by this Act. SEC. 6. FUNDING. (a) Authorization of Appropriations.--There are authorized to be appropriated to carry out this Act $700,000,000 for fiscal years 2009 and 2010, of which-- (1) $600,000,000 shall be made available to the Assistant Secretary to carry out the digital viewership coupon program established under section 3; and (2) $100,000,000 shall be made available to the Commission to carry out the requirements of sections 4 and 5. (b) Transfer of Funds in the Digital Television Transition and Public Safety Fund.--Notwithstanding any other provision of law, any funds remaining in the Digital Television Transition and Public Safety Fund established under section 309(j)(8)(E) of the Communications Act of 1934 (47 U.S.C. 309(j)(8)(E)) shall, upon the expiration of the digital-to-analog converter box program established under section 3005 of the Digital Television Transition and Public Safety Act of 2005, be used to cary out the provisions of this Act. | Digital TV Transition Fairness Act - Requires the Department of Commerce to implement and administer a program to obtain coupons that can be applied toward: (1) the cost to install a digital-to-analog converter box; (2) the purchase and installation of an indoor or outdoor antenna, or both if needed, to facilitate the reception and display of signals of channels broadcast in digital television service; and (3) the cost to install, or the cost of any other equipment needed to receive and display, basic broadcast television service. Sets forth consumer and product eligibility criteria. Provides for a website and telephone hotline to provide relevant information to assist consumers that have degraded or lost signals or channels as a result of the full power transition from analog to digital television that is to occur on February 17, 2009. Requires the Assistant Secretary of Commerce for Communications and Information to develop anti-fraud measures and procedures to ensure that only eligible households and individuals receive a coupon. Requires the Federal Communications Commission (FCC) to promulgate rules requiring that each multichannel video programming distributor providing broadcast television for a local market provide to eligible consumers in that local market access to basic broadcast television service. Requires the FCC to develop anti-fraud measures and procedures to ensure that only eligible consumers are provided access to basic broadcast television service. Directs the FCC to carry out an education and outreach campaign to inform and educate consumers on the availability, benefits, and advantages of the programs and requirements established under this Act. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Child Welfare Services Reform Act of 1993''. SEC. 2. ESTABLISHMENT OF COMPREHENSIVE CHILD WELFARE SERVICES PROGRAM. (a) In General.--Title IV of the Social Security Act (42 U.S.C. 601 et seq.) is amended-- (1) in part F, by redesignating sections 481 through 487 (42 U.S.C. 681-687) as sections 491 through 497, respectively; (2) by striking the heading for part E and inserting the following: ``PART E--FOSTER CARE, ADOPTION ASSISTANCE, AND COMPREHENSIVE CHILD WELFARE SERVICES. ``Subpart 1--Foster Care and Adoption Assistance''; (3) in section 474(a) (42 U.S.C. 674(a)), by striking paragraph (3), and redesignating paragraph (4) as paragraph (3); and (4) by adding at the end of part E the following: ``Subpart 2--Comprehensive Child Welfare Services ``SEC. 480. PURPOSE; APPROPRIATION. ``For the purposes of assisting each State to meet the needs of children (including children ineligible for assistance under the programs under subpart 1) for comprehensive child welfare services, and enabling each State to administer its programs under subpart 1, there are authorized to be appropriated-- ``(1) $1,328,000,000 for fiscal year 1994; ``(2) $1,449,000,000 for fiscal year 1995; ``(3) $1,585,000,000 for fiscal year 1996; ``(4) $1,734,000,000 for fiscal year 1997; and ``(5) $1,892,000,000 for fiscal year 1998. ``SEC. 481. RESERVATION OF FUNDS FOR SECRETARY; ALLOTMENTS TO STATES; REALLOTMENTS. ``(a) Reservation of Funds.--1 percent of the amount appropriated pursuant to section 480 for each fiscal year shall be reserved to the Secretary for expenditure in accordance with section 484. ``(b) Allotments.--The allotment for each State for each of fiscal years 1994 through 1998 shall be an amount which bears the same ratio to 99 percent of the amount authorized to be appropriated under section 480 for the fiscal year as the total payment to which the State is entitled under section 474(a)(3) for fiscal year 1992 bears to the total amount to which all States are entitled under such section for the fiscal year (as determined on the basis of claims submitted by the State and received by the Secretary on or before March 31, 1993, and found by the Secretary to be allowable on or before July 31, 1993). ``(c) Reallotment.--The amount of any allotment to a State under subsection (b) for any fiscal year which the State certifies to the Secretary will not be used by the State to carry out the State plan under section 482 shall be available for reallotment from time to time, on such dates as the Secretary may fix, to other States which the Secretary determines will be able to use such excess amounts during such fiscal year, in addition to amounts already allotted or reallotted to such other States, under the State plans under such section. The amount reallotted to each State eligible for reallotted funds shall bear the same ratio to the amount available for reallotment as the State's allotment under subsection (b) bears to the total amount allotted to all States so eligible. ``SEC. 482. STATE PLAN FOR COMPREHENSIVE CHILD WELFARE SERVICES. ``In order to be eligible for payments under this subpart for a fiscal year, a State shall publish in the State and furnish to the Secretary a plan of the State for expenditure of funds under this subpart. The plan shall provide that-- ``(1) expenditures will be made under the plan only for-- ``(A) provision of child welfare services (as defined in section 425) in accordance with section 422(b), other than foster care maintenance payments and adoption assistance payments, but including nonrecurring adoption expenses (as defined in section 473(a)(6)); and ``(B) administration of the programs of the State under subpart 1 (including training of current or prospective State or local agency personnel, and of foster care and adoptive parents, related to administration of such program); and ``(2) the State share of expenditures under this subpart shall be an amount not less than the amount of the State share of expenditures for which payment was made under section 474(a)(3) for fiscal year 1993. ``SEC. 483. PAYMENTS TO STATES. ``Each State shall be entitled to a payment for each fiscal year in an amount equal to the lesser of-- ``(1) the allotment of the State under this subpart for the fiscal year; or ``(2) 75 percent of amounts (other than amounts for which the State receives payment under part B) expended in the fiscal year in accordance with the State plan under section 482. ``SEC. 484. SECRETARY'S DISCRETIONARY ACTIVITIES. ``The Secretary shall use the amounts reserved under section 481(a) to provide, through grants to or contracts with public or private entities, for-- ``(1) technical assistance and training for State and local public and private agencies to enable them to improve their administration of the program under subpart 1, including-- ``(A) States or cities with large numbers of children at risk of foster care placement, or with substantial deficiencies in program operation; and ``(B) State agencies in greatest need of assistance in meeting the requirements of section 479 or other Federal data collection requirements; ``(2) evaluation of State programs under this part and part B; and ``(3) demonstrations designed to-- ``(A) develop or identify more effective programs to support and strengthen families; ``(B) improve child protective, foster care, and adoption assistance services; and ``(C) reduce burdens on caseworkers.''. (b) Coordination With Other Programs Providing Services to Children and Families.--Section 422(b)(2) of such Act (42 U.S.C. 622(b)(2)) is amended by striking ``under part E'' and inserting ``under subpart 1, and the State plan published under subpart 2, of part E''. (c) Elimination of Conditional Part E of Title IV Ceiling and Authority to Transfer Funds to Part B of Title IV.--Section 474 of such Act (42 U.S.C. 674) is amended-- (1) by striking subsections (b) and (c), and redesignating subsection (d) as subsection (b); and (2) in subsection (b), as so redesignated-- (A) by striking ``subsections (a), (b), and (c)'' and inserting ``subsection (a)''; (B) by striking ``such estimates'' and inserting ``such estimate''; and (C) by striking ``such subsections'' and inserting ``such subsection''. (d) Conforming Amendments.--(1) Part E of title IV of such Act (42 U.S.C. 470-479) is amended by striking ``this part'' each place such term appears and inserting ``this subpart''. (2) Section 403(a)(3)(D) of such Act (42 U.S.C. 603(a)(3)(D)) is amended by striking ``486(a)'' and inserting ``496(a)''. (3) Section 403(l)(1)(A) of such Act (42 U.S.C. 603(l)(1)(A)) is amended-- (A) by striking ``482(a)'' and inserting ``492(a)''; and (B) by striking ``482(i)(2)'' and inserting ``492(i)(2)''. (4) Section 403(l)(4)(A)(i) of such Act (42 U.S.C. 603(l)(4)(A)(i)) is amended by striking ``482(d)(1)'' and inserting ``492(d)(1)''. (5) Section 403(l)(4)(A)(ii) of such Act (42 U.S.C. 603(l)(4)(A)(ii)) by striking ``482'' and inserting ``492''. (6) Section 473(a)(6) of such Act (42 U.S.C. 673(a)(6)) is amended-- (A) by striking ``(6)(A)'' and inserting ``(6)''; and (B) by striking subparagraph (B). (7) Section 477(e)(3) of such Act (42 U.S.C. 677(e)(3)) is amended by striking ``(a)(1), (a)(2), and (a)(3)'' and inserting ``(a)(1) and (a)(2)''. (8) Section 492(e)(2)(B) of such Act, as so redesignated by subsection (a) of this section, is amended by striking ``484'' and inserting ``494''. (9) Section 492(f) of such Act, as so redesignated by subsection (a) of this section, is amended by striking ``section 482(a)(1)'' and inserting ``subsection (a)(1)''. (10) Section 493(a)(1) of such Act, as so redesignated by subsection (a) of this section, is amended by striking ``482(a)(1)'' and inserting ``492(a)(1)''. (11) Section 494(c) of such Act, as so redesignated by subsection (a) of this section, is amended by striking ``482(e)'' and inserting ``492(e)''. (12) Section 494(d)(2) of such Act, as so redesignated by subsection (a) of this section, is amended by striking ``482(f)'' and inserting ``492(f)''. (13) Section 495(c) of such Act, as so redesignated by subsection (a) of this section, is amended by striking ``482(a)(1)'' and inserting ``492(a)(1)''. (14) Section 497(a)(1) of such Act, as so redesignated by subsection (a) of this section, is amended by striking ``486'' and inserting ``496''. (15) Section 1902(a)(10)(A)(i)(I) of such Act (42 U.S.C. 1396a(a)(10)(A)(i)(I)) is amended by striking ``482(e)(6)'' and inserting ``492(e)(6)''. (16) Section 1928(a)(1)(D) of such Act (42 U.S.C. 1396s(a)(1)(D)) is amended by striking ``482(e)(6)'' and inserting ``492(e)(6)''. (17) Any other reference in law or regulation, as of the effective date of this Act, to section 481, 482, 483, 484, 485, 486, or 487 of the Social Security Act shall be considered to be a reference to section 491, 492, 493, 494, 495, 496, or 497 of such Act, respectively. SEC. 3. SECTION 1115 DEMONSTRATION WAIVERS. Section 1115(a) of the Social Security Act (42 U.S.C. 1315(a)) is amended-- (1) in the matter preceding paragraph (1), by striking ``part A or D'' and inserting ``part A, B, D, or E''; (2) in paragraph (1), by striking ``454,'' and inserting ``422, 454, 471, 472, 473,''; and (3) in paragraph (2), by striking ``455,'' and inserting ``423, 455, 474,''. SEC. 4. RECOVERY OF TRAINING COSTS. (a) Under Part E of Title IV.--Section 471(a) of the Social Security Act (42 U.S.C. 671(a)) is amended-- (1) by striking ``and'' at the end of paragraph (16); (2) by striking the period at the end of paragraph (17) and inserting ``; and''; and (3) by adding at the end the following: ``(18) provide that the State agency-- ``(A) will require each individual who receives, at an institution of higher education, education or training in child welfare or a related field supported by funds from the State agency under this part or part B to enter into a written agreement either-- ``(i) to work, after the completion of such education or training, for the State agency or another public child welfare agency, or for a private child welfare agency operating under a contract with a public child welfare agency, for a period not less in duration than the period of such education or training; or ``(ii) to repay to the State agency the full amount expended by it for such education or training for the individual; ``(B) will enforce compliance with such agreements; and ``(C) will repay to the Secretary the Federal share of amounts recovered in accordance with this requirement, to the extent that such amounts exceed amounts necessary to reimburse the State agency for costs reasonably incurred to obtain recovery.''. (b) Under Section 426.--Section 426 of such Act (42 U.S.C. 626) is amended-- (1) in subsection (a)(1)(C), by inserting ``subject to subsection (d),'' after ``(c)''; and (2) by adding at the end the following: ``(d) As a condition of eligibility for grants under subsection (a)(1)(C), a public or other nonprofit institution of higher learning shall undertake-- ``(1) to require each individual who receives education or training in child welfare or a related field supported by a stipend or other financial assistance under this section to enter into a written agreement either-- ``(A) to work, after the completion of such education or training, for a public child welfare agency, or for a private child welfare agency operating under a contract with a public child welfare agency, for a period not less in duration than the period of such education or training, or ``(B) to repay to the institution the full amount of such stipend or other assistance; ``(2) to enforce compliance with such agreements; and ``(3) to repay to the Secretary amounts recovered in accordance with this requirement, to the extent that such amounts exceed amounts necessary to reimburse the institution for costs reasonably incurred to obtain recovery.''. SEC. 5. EXTENSION OF THE INDEPENDENT LIVING PROGRAM. Section 477 of the Social Security Act (42 U.S.C. 677) is amended-- (1) in subsection (a)(1), by striking the last sentence; (2) in subsection (c), by striking ``In the case of'' and all that follows through ``1992, such'' and inserting ``Such''; (3) in subsection (e)(1)(A), by striking ``of the fiscal years 1987 through 1992'' and inserting ``fiscal year''; (4) in subsection (e)(1)(B), by striking ``fiscal years 1991 and 1992'' and inserting ``each fiscal year''; (5) by amending subsection (e)(1)(C) to read as follows: ``(C) As used in this section: ``(i) The term `basic ceiling' means $45,000,000. ``(ii) The term `additional ceiling' means $25,000,000.''; (6) in subsection (f), by striking the last sentence; and (7) in subsection (g)-- (A) by striking ``(g)(1)'' and inserting ``(g)''; and (B) by striking paragraphs (2) and (3). SEC. 6. ACCUMULATION OF ASSETS BY OLDER CHILDREN RECEIVING FOSTER CARE MAINTENANCE PAYMENTS. Section 472 of the Social Security Act (42 U.S.C. 672) is amended by adding at the end the following: ``(i) In determining the eligibility of an individual who has attained age 16 for foster care maintenance payments under this subpart, the State agency shall disregard from the resources of the individual an amount of funds not exceeding an amount the agency determines to be reasonable for the purpose of achieving self- sufficiency.''. SEC. 7. REPEAL OF ANNUAL REPORT ON VOLUNTARY PLACEMENT. Section 102(e) of the Adoption Assistance and Child Welfare Act of 1980 (Public Law 96-272; 42 U.S.C. 672 note) is repealed. SEC. 8. EFFECTIVE DATE. The amendments made by this Act shall become effective with respect to fiscal years beginning on or after October 1, 1993. | Comprehensive Child Welfare Services Reform Act of 1993 - Amends title IV of the Social Security Act (SSA) to establish a new comprehensive child welfare services program under part E (Foster Care and Adoption Assistance). Authorizes appropriations. Amends SSA title IV part B (Child-Welfare Services) to provide for coordination with other programs providing services to children and families. Amends SSA title XI to revise demonstration waiver provisions. Amends SSA title IV parts B and E to provide for recovery of training costs. Amends SSA title IV part E to make permanent the independent living program and to maintain basic and additional ceiling amounts at the latter amounts authorized under current law. Provides that in determining the eligibility of an individual aged 16 for foster care maintenance payments under such part, the State agency shall disregard from the resources of the individual an amount not exceeding what the agency determines to be reasonable for the purpose of achieving self-sufficiency. Amends the Adoption Assistance and Child Welfare Act of 1980 to repeal provisions respecting the annual report on voluntary placement. |
SECTION 1. SHORT TITLE; ETC. (a) Short Title.--This Act may be cited as the ``Victims of Anthrax Tax Relief Act of 2001''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; etc. Sec. 2. Income and employment taxes of victims of terrorist attacks. Sec. 3. Estate tax reduction. Sec. 4. Payments by charitable organizations treated as exempt payments. Sec. 5. Exclusion of certain cancellations of indebtedness. Sec. 6. No impact on social security trust funds. SEC. 2. INCOME AND EMPLOYMENT TAXES OF VICTIMS OF ANTHRAX. (a) In General.--Section 692 (relating to income taxes of members of Armed Forces on death) is amended by adding at the end the following new subsection: ``(d) Individuals Dying as a Result of Anthrax Attacks.-- ``(1) In general.--In the case of any individual who dies as a result of illness incurred as a result of a terrorist attack involving anthrax occurring on or after September 11, 2001, and before January 1, 2002, any tax imposed by this subtitle shall not apply-- ``(A) with respect to the taxable year in which falls the date of such individual's death, and ``(B) with respect to any prior taxable year in the period beginning with the last taxable year ending before the taxable year in which the wounds, injury, or illness were incurred. ``(2) Exceptions.-- ``(A) Taxation of certain benefits.--Subject to such rules as the Secretary may prescribe, paragraph (1) shall not apply to the amount of any tax imposed by this subtitle which would be computed by only taking into account the items of income, gain, or other amounts attributable to-- ``(i) amounts payable in the taxable year by reason of the death of an individual described in paragraph (1) which would have been payable in such taxable year if the death had occurred by reason of an event other than an event described in paragraph (1), or ``(ii) amounts payable in the taxable year which would not have been payable in such taxable year but for an action taken after the date of the applicable terrorist attack. ``(B) No relief for perpetrators.--Paragraph (1) shall not apply with respect to any individual identified by the Attorney General to have been a participant or conspirator in any event described in paragraph (1), or a representative of such individual.''. (b) Refund of Other Taxes Paid.--Section 692, as amended by subsection (a), is amended by adding at the end the following new subsection: ``(e) Refund of Other Taxes Paid.--In determining the amount of tax under this section to be credited or refunded as an overpayment with respect to any individual for any period, such amount shall be increased by an amount equal to the amount of taxes imposed and collected under chapter 21 and sections 3201(a), 3211(a)(1), and 3221(a) with respect to such individual for such period.''. (c) Conforming Amendments.-- (1) Section 5(b)(1) is amended by inserting ``and victims of certain terrorist attacks'' before ``on death''. (2) Section 6013(f)(2)(B) is amended by inserting ``and victims of certain terrorist attacks'' before ``on death''. (d) Clerical Amendments.-- (1) The heading of section 692 is amended to read as follows: ``SEC. 692. INCOME AND EMPLOYMENT TAXES OF MEMBERS OF ARMED FORCES AND VICTIMS OF CERTAIN TERRORIST ATTACKS ON DEATH.''. (2) The item relating to section 692 in the table of sections for part II of subchapter J of chapter 1 is amended to read as follows: ``Sec. 692. Income and employment taxes of members of Armed Forces and victims of certain terrorist attacks on death.''. (e) Effective Date.--The amendments made by this section shall apply to taxable years ending on or after September 11, 2001. SEC. 3. ESTATE TAX REDUCTION. (a) In General.--Section 2201 is amended to read as follows: ``SEC. 2201. COMBAT ZONE-RELATED DEATHS OF MEMBERS OF THE ARMED FORCES AND DEATHS OF VICTIMS OF CERTAIN TERRORIST ATTACKS. ``(a) In General.--Unless the executor elects not to have this section apply, in applying section 2001 to the estate of a qualified decedent, the rate schedule set forth in subsection (c) shall be deemed to be the rate schedule set forth in section 2001(c). ``(b) Qualified Decedent.--For purposes of this section, the term `qualified decedent' means-- ``(1) any citizen or resident of the United States dying while in active service of the Armed Forces of the United States, if such decedent-- ``(A) was killed in action while serving in a combat zone, as determined under section 112(c), or ``(B) died as a result of wounds, disease, or injury suffered while serving in a combat zone (as determined under section 112(c)), and while in the line of duty, by reason of a hazard to which such decedent was subjected as an incident of such service, or ``(2) any individual who died as a result of illness incurred as a result of a terrorist attack involving anthrax occurring on or after September 11, 2001, and before January 1, 2002. Paragraph (2) shall not apply with respect to any individual identified by the Attorney General to have been a participant or conspirator in any such terrorist attack, or a representative of such individual. ``(c) Rate Schedule.-- ``If the amount with respect to The tentative tax is: which the tentative tax to be computed is: Not over $150,000.............. 1 percent of the amount by which such amount exceeds $100,000. Over $150,000 but not over $200,000. $500 plus 2 percent of the excess over $150,000. Over $200,000 but not over $300,000. $1,500 plus 3 percent of the excess over $200,000. Over $300,000 but not over $500,000. $4,500 plus 4 percent of the excess over $300,000. Over $500,000 but not over $700,000. $12,500 plus 5 percent of the excess over $500,000. Over $700,000 but not over $900,000. $22,500 plus 6 percent of the excess over $700,000. Over $900,000 but not over $1,100,000. $34,500 plus 7 percent of the excess over $900,000. Over $1,100,000 but not over $1,600,000. $48,500 plus 8 percent of the excess over $1,100,000. Over $1,600,000 but not over $2,100,000. $88,500 plus 9 percent of the excess over $1,600,000. Over $2,100,000 but not over $2,600,000. $133,500 plus 10 percent of the excess over $2,100,000. Over $2,600,000 but not over $3,100,000. $183,500 plus 11 percent of the excess over $2,600,000. Over $3,100,000 but not over $3,600,000. $238,500 plus 12 percent of the excess over $3,100,000. Over $3,600,000 but not over $4,100,000. $298,500 plus 13 percent of the excess over $3,600,000. Over $4,100,000 but not over $5,100,000. $363,500 plus 14 percent of the excess over $4,100,000. Over $5,100,000 but not over $6,100,000. $503,500 plus 15 percent of the excess over $5,100,000. Over $6,100,000 but not over $7,100,000. $653,500 plus 16 percent of the excess over $6,100,000. Over $7,100,000 but not over $8,100,000. $813,500 plus 17 percent of the excess over $7,100,000. Over $8,100,000 but not over $9,100,000. $983,500 plus 18 percent of the excess over $8,100,000. Over $9,100,000 but not over $10,100,000. $1,163,500 plus 19 percent of the excess over $9,100,000. Over $10,100,000............... $1,353,500 plus 20 percent of the excess over $10,100,000. ``(d) Determination of Unified Credit.--In the case of an estate to which this section applies, subsection (a) shall not apply in determining the credit under section 2010.''. (b) Conforming Amendments.-- (1) Section 2011 is amended by striking subsection (d) and by redesignating subsections (e), (f), and (g) as subsections (d), (e), and (f), respectively. (2) Section 2053(d)(3)(B) is amended by striking ``section 2011(e)'' and inserting ``section 2011(d)''. (3) Paragraph (9) of section 532(c) of the Economic Growth and Tax Relief Reconciliation Act of 2001 is repealed. (c) Clerical Amendment.--The item relating to section 2201 in the table of sections for subchapter C of chapter 11 is amended to read as follows: ``Sec. 2201. Combat zone-related deaths of members of the Armed Forces and deaths of victims of certain terrorist attacks.''. (d) Effective Date.--The amendments made by this section shall apply to estates of decedents dying on or after September 11, 2001. SEC. 4. PAYMENTS BY CHARITABLE ORGANIZATIONS TREATED AS EXEMPT PAYMENTS. (a) In General.--For purposes of the Internal Revenue Code of 1986-- (1) payments made by an organization described in section 501(c)(3) of such Code by reason of the death, injury, wounding, or illness of an individual incurred as the result of a terrorist attack involving anthrax occurring on or after September 11, 2001, and before January 1, 2002, shall be treated as related to the purpose or function constituting the basis for such organization's exemption under section 501 of such Code if such payments are made using an objective formula which is consistently applied, and (2) in the case of a private foundation (as defined in section 509 of such Code), any payment described in paragraph (1) shall not be treated as made to a disqualified person for purposes of section 4941 of such Code. (b) Effective Date.--This section shall apply to payments made on or after September 11, 2001. SEC. 5. EXCLUSION OF CERTAIN CANCELLATIONS OF INDEBTEDNESS. (a) In General.--For purposes of the Internal Revenue Code of 1986-- (1) gross income shall not include any amount which (but for this section) would be includible in gross income by reason of the discharge (in whole or in part) of indebtedness of any taxpayer if the discharge is by reason of the death of an individual incurred as the result of a terrorist attack involving anthrax occurring on or after September 11, 2001, and before January 1, 2002, and (2) return requirements under section 6050P of such Code shall not apply to any discharge described in paragraph (1). (b) Effective Date.--This section shall apply to discharges made on or after September 11, 2001, and before January 1, 2002. SEC. 6. NO IMPACT ON SOCIAL SECURITY TRUST FUND. (a) In General.--Nothing in this Act (or an amendment made by this Act) shall be construed to alter or amend title II of the Social Security Act (or any regulation promulgated under that Act). (b) Transfers.-- (1) Estimate of secretary.--The Secretary of the Treasury shall annually estimate the impact that the enactment of this Act has on the income and balances of the trust funds established under section 201 of the Social Security Act (42 U.S.C. 401). (2) Transfer of funds.--If, under paragraph (1), the Secretary of the Treasury estimates that the enactment of this Act has a negative impact on the income and balances of the trust funds established under section 201 of the Social Security Act (42 U.S.C. 401), the Secretary shall transfer, not less frequently than quarterly, from the general revenues of the Federal Government an amount sufficient so as to ensure that the income and balances of such trust funds are not reduced as a result of the enactment of this Act. | Victims of Anthrax Tax Relief Act of 2001 - Amends the Internal Revenue Code to modify the tax treatment of any individual who died as a result of the anthrax attacks on or after September 11, 2001, and before January 1, 2002 with regard to income, employment, and estate taxes.Treats as exempt payments made by charitable organizations by reason of such deaths.Excludes from gross income amounts from the discharge of indebtedness as a result of such deaths. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Thunder Bay National Marine Sanctuary and Underwater Preserve Boundary Modification Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) Thunder Bay National Marine Sanctuary and Underwater Preserve in Lake Huron contains more than 100 recorded historic vessel losses. (2) The areas immediately surrounding the Sanctuary, including the offshore waters of Presque Isle and Alcona counties, Michigan, contain an equal number of historic vessel losses. (3) Many of these shipwrecks and underwater cultural resources are popular recreational diving destinations, and all contribute to our collective maritime heritage. (4) These resources are susceptible to damage from human activities, and must be properly preserved for themselves and to protect the economic viability of their contribution to national and regional economies. (b) Purposes.--The purposes of this Act are-- (1) to expand the Thunder Bay National Marine Sanctuary and Underwater Preserve boundaries to encompass the offshore waters of Presque Isle and Alcona counties, Michigan, and outward to the international border between the United States and Canada; and (2) to provide the underwater cultural resources of those areas equal protection to that currently afforded to the Sanctuary. SEC. 3. DEFINITIONS. In this Act: (1) Sanctuary.--The term ``Sanctuary'' means the Thunder Bay National Marine Sanctuary and Underwater Preserve. (2) Secretary.--The term ``Secretary'' means the Secretary of Commerce. SEC. 4. SANCTUARY BOUNDARY ADJUSTMENT. (a) Boundary Adjustment.--Notwithstanding any provision of law or regulation, including section 922.190 of title 15, Code of Federal Regulations, as in effect on the date of the enactment of this Act, the Sanctuary shall consist of the geographic area described in subsection (b). (b) Expanded Sanctuary Boundary.--The area referred to in subsection (a) is all submerged lands, including the underwater cultural resources, lake ward of the mean high water line, within the boundaries of a line formed by connecting points in succession beginning at a point along the mean high water line located approximately at 45.628741N, 84.206983W (at Hammond Bay in Presque Isle County) then due east to the international boundary between the United States and Canada approximately located at 45.628741N, 83.163783W then following the international boundary between the United States and Canada in a generally southeasterly direction where it intersects latitude 44.511111N, then due west to a point along the mean high water line located approximately at 44.511111N, 83.318483W (in Alcona County just south of the town of Greenbush) returning to the first point along the mean high water line. (c) Authority To Make Minor Adjustments.--The Secretary may make minor adjustments to the boundary described in subsection (b) to facilitate enforcement and clarify the boundary to public provided the resulting boundary is consistent the purposes described in section 2(b). (d) Inclusion in the System.--The area described in subsection (b), as modified in accordance with subsection (c), shall be managed as part of the National Marine Sanctuary System established by section 301(c) of the National Marine Sanctuaries Act (16 U.S.C. 1431(c)), in accordance with that Act. (e) Updated NOAA Charts.--The Secretary shall-- (1) produce updated National Oceanic and Atmospheric Administration charts for the area in which the Sanctuary is located; and (2) include on such charts the boundaries of the Sanctuary described in subsection (b), as modified in accordance with subsection (c). SEC. 5. EXTENSION OF REGULATIONS AND MANAGEMENT. (a) Regulations.--The regulations applicable to the Sanctuary codified in subpart R of part 922 of title 15, Code of Federal Regulations, as in effect on the date of the enactment of this Act, shall apply to the geographic area added to the Sanctuary pursuant to section 4, unless the Secretary specifies otherwise by regulation. (b) Existing Certifications.--The Secretary may certify that any license, permit, approval, other authorization, or right to conduct a prohibited activity made pursuant to section 922.194 of title 15, Code of Federal Regulations, that exists on the date of the enactment of this Act shall apply to such an activity conducted within the geographic area added to the Sanctuary pursuant to section 4. (c) Date of Sanctuary Designation.--For purposes of section 922.194 of title 15, Code of Federal Regulations, the date of the enactment of this Act shall be deemed to be the date of Sanctuary designation. (d) Management Plan.--To the extent practicable, the Secretary shall apply the management plan in effect for the Sanctuary of the date of the enactment of this Act to the geographic area added to the Sanctuary pursuant to section 4. | Thunder Bay National Marine Sanctuary and Underwater Preserve Boundary Modification Act - Expands, notwithstanding any provision of law or regulation, the boundaries of the Thunder Bay National Marine Sanctuary and Underwater Preserve in Lake Huron, located off the northeast coast of Michigan's Lower Peninsula. Requires that the expanded area be managed as part of the National Marine Sanctuary System. Authorizes the Secretary of Commerce to certify that any license, permit, approval, other authorization, or right to conduct a prohibited activity (made pursuant to specified regulations) that exists on enactment of this Act shall apply to such an activity conducted within the area added by this Act. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Unlawful Employers Accountability Act of 2005''. SEC. 2. FINDINGS. Congress finds the following: (1) Current efforts to stem the tide of illegal immigrants crossing into the United States have fallen far short of need. (2) The number of illegal immigrants currently in the United States is approximating 11 million. (3) Cities, counties, and States are forced to absorb the costs of illegal immigration without compensation from the Federal Government or employers. (4) United States companies continue to recruit and hire illegal immigrants and thereby aid in the erosion of the border security of the United States. (5) The hiring of illegal immigrants has had a negative impact on the employment opportunities of legal immigrants and United States citizens. (6) Federal law expressly prohibits the hiring of illegal immigrants. (7) In 2004, only three United States companies were cited for hiring illegal immigrants. SEC. 3. COMPLIANCE WITH RESPECT TO THE UNLAWFUL EMPLOYMENT OF ALIENS. (a) Civil Penalty.--Paragraph (4) of subsection (e) of section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is amended to read as follows: ``(4) Cease and desist order with civil money penalty for hiring, recruiting, and referral violations.-- ``(A) In general.--With respect to a violation by any person or other entity of subsection (a)(1)(A) or (a)(2), the Secretary of Homeland Security shall require the person or entity to cease and desist from such violations and to pay a civil penalty in the amount specified in subparagraph (B). ``(B) Amount of civil penalty.--A civil penalty under this paragraph shall not be less than $50,000 for each occurrence of a violation described in subsection (a)(1)(A) or (a)(2) with respect to the alien referred to in such subsection, plus, in the event of the removal of such alien from the United States based on findings developed in connection with the assessment or collection of such penalty, the costs incurred by the Federal Government, cooperating State and local governments, and State and local law enforcement agencies, in connection with such removal. ``(C) Distribution of penalties to state and local governments.-- ``(i) In general.--Penalties collected under this paragraph from a person or entity shall be distributed as follows: ``(I) 25 percent of such amount shall be distributed to the State in which the person or entity is located. ``(II) 25 percent of such amount shall be distributed to the county in which the person or entity is located. ``(III) 25 percent of such amount shall be distributed to the municipality, if any, in which the person or entity is located, or, in the absence of such a municipality, to the county described in subclause (II). ``(D) Limitation on use of funds.--Amounts paid to a State, county, or municipality under subparagraph (C) may only be used for costs incurred by such State, county, or municipality in providing public services to aliens not lawfully present in the United States. ``(E) Distinct, physically separate subdivisions.-- In applying this subsection in the case of a person or other entity composed of distinct, physically separate subdivisions each of which provides separately for the hiring, recruiting, or referring for employment, without reference to the practices of, and not under the control of or common control with, another subdivision, each such subdivision shall be considered a separate person or other entity.''. (b) Denial of Agricultural Assistance for Violators.--Such section is further amended by adding at the end the following new subsection: ``(i) Denial of Agricultural Assistance for Violators.--In the case of a violation of subsection (a)(1)(A) or (a)(2) by an agricultural association, agricultural employer, or farm labor contractor (as defined in section 3 of the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1802)), such association, employer, or contractor shall be ineligible for agricultural assistance described in paragraphs (1), (2), and (3) of section 1211(a) of the Food Security Act of 1985 (16 U.S.C. 3811(a)) for a period not to exceed five years.''. (c) Good Faith Defense.-- (1) In general.--Such section is further amended-- (A) by striking subsection (a)(3); and (B) by striking subsection (b)(6). (2) Conforming amendments.--Such section is further amended-- (A) in subsection (a)(5), by striking ``paragraphs (1)(B) and (3)'' and inserting ``paragraph (1)(B)''; and (B) in subsection (b)-- (i) in the matter preceding paragraph (1), by striking ``paragraphs (1)(B) and (3)'' and inserting ``paragraph (1)(B)''; and (ii) by striking paragraph (6). (d) Employee Whistleblower Protection.--It shall be unlawful for any employer, including an employer primarily engaged in agriculture, or any labor contractor to intimidate, threaten, restrain, coerce, retaliate, discharge, demote, or in any other manner discriminate against an employee or former employee, regardless of the immigration status of such employee or former employee, because such employee or former employee-- (1) has disclosed, is disclosing, or seeks to disclose to Federal, State, or local law enforcement authorities information related to a violation of an applicable Federal labor law as defined by the Secretary of Labor; or (2) has cooperated, is cooperating, or seeks to cooperate in an investigation or other proceeding concerning compliance with such an applicable Federal labor law. (e) Disclosure Requirements.-- (1) In general.--The Secretary of Homeland Security shall establish, maintain, and regularly update a publicly accessible website that contains a list of persons or other entities that the Secretary has determined to have been in violation of subsection (a)(1)(A) or (a)(2) of section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) in the preceding five years. (2) Contents of website.--Such website shall contain, with respect to each such person or entity, the following information: (A) The name, address, and telephone number of the person or entity. (B) The names of the owners, chief executive officers, or other similar officers of the person or entity. (C) The number of unauthorized aliens (as defined in subsection (h)(3) of such section) found to be employed by the person or entity. (D) The aggregate dollar amount that the person or entity has received in the preceding five years under any Federal contract. (f) Effective Date.--The amendments made by subsections (a), (b), and (c) shall take effect 30 days after the date of the enactment of this Act and shall apply to violations occurring on or after such effective date. | Unlawful Employers Accountability Act of 2005 - Amends the Immigration and Nationality Act respecting unlawful employment of alien provisions to: (1) require the Secretary of Homeland Security to issue a cease and desist order, replace the tiered civil penalty provisions with a single, increased-maximum civil penalty, and require an employer to pay the costs incurred in any related removal of an alien from the United States; (2) provide for penalty distribution to state, county, and municipal governments, which shall be used to provide illegal aliens with public services; (3) deny specified agricultural assistance for up to five years to an agricultural employer, contractor, or association in violation of such provisions; (4) eliminate specified good faith defenses; (4) provide whistleblower protection; and (5) direct the Secretary to establish and update a publicly accessible website containing specified information on violators of such provisions in the preceding five years. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Raise the Wage Act''. SEC. 2. MINIMUM WAGE INCREASES. (a) In General.--Section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) is amended to read as follows: ``(1) except as otherwise provided in this section, not less than-- ``(A) $9.25 an hour, beginning on the effective date under section 7 of the Raise the Wage Act; ``(B) $10.10 an hour, beginning 1 year after such effective date; ``(C) $11.00 an hour, beginning 2 years after such effective date; ``(D) $12.00 an hour, beginning 3 years after such effective date; ``(E) $13.00 an hour, beginning 4 years after such effective date; ``(F) $13.50 an hour, beginning 5 years after such effective date; ``(G) $14.25 an hour, beginning 6 years after such effective date; ``(H) $15.00 an hour, beginning 7 years after such effective date; and ``(I) beginning on the date that is 8 years after such effective date, and annually thereafter, the amount determined by the Secretary under subsection (h);''. (b) Determination Based on Increase in the Median Hourly Wage of All Employees.--Section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206) is amended by adding at the end the following: ``(h)(1) Not later than each date that is 90 days before a new minimum wage determined under subsection (a)(1)(I) is to take effect, the Secretary shall determine the minimum wage to be in effect under this subsection for each period described in subsection (a)(1)(I). The wage determined under this subsection for a year shall be-- ``(A) not less than the amount in effect under subsection (a)(1) on the date of such determination; ``(B) increased from such amount by the annual percentage increase, if any, in the median hourly wage of all employees as determined by the Bureau of Labor Statistics; and ``(C) rounded to the nearest multiple of $0.05. ``(2) In calculating the annual percentage increase in the median hourly wage of all employees for purposes of paragraph (1)(B), the Secretary, through the Bureau of Labor Statistics, shall compile data on the hourly wages of all employees to determine such a median hourly wage and compare such median hourly wage for the most recent year for which data are available with the median hourly wage determined for the preceding year.''. SEC. 3. TIPPED EMPLOYEES. (a) Base Minimum Wage for Tipped Employees.--Section 3(m)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(m)(1)) is amended to read as follows: ``(1) the cash wage paid such employee, which for purposes of such determination shall be not less than-- ``(A) for the 1-year period beginning on the effective date under section 7 of the Raise the Wage Act, $4.15 an hour; ``(B) for each succeeding 1-year period until the hourly wage under this paragraph equals the wage in effect under section 6(a)(1) for such period, an hourly wage equal to the amount determined under this paragraph for the preceding year, increased by the lesser of-- ``(i) $1.15; or ``(ii) the amount necessary for the wage in effect under this paragraph to equal the wage in effect under section 6(a)(1) for such period, rounded to the nearest multiple of $0.05; and ``(C) for each succeeding 1-year period after the increase made pursuant to subparagraph (B)(ii), the minimum wage in effect under section 6(a)(1); and''. (b) Tips Retained by Employees.--Section 3(m) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(m)) is amended-- (1) in the second sentence of the matter following paragraph (2), by striking ``of this subsection, and all tips received by such employee have been retained by the employee'' and inserting ``of this subsection. Any employee shall have the right to retain any tips received by such employee''; and (2) by adding at the end the following: ``An employer shall inform each employee of the right and exception provided under the preceding sentence.''. (c) Scheduled Repeal of Separate Minimum Wage for Tipped Employees.-- (1) Tipped employees.--Section 3(m) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(m)), as amended by subsections (a) and (b), is further amended by striking the sentence beginning with ``In determining the wage an employer is required to pay a tipped employee,'' and all that follows through ``of this subsection.'' and inserting ``The wage required to be paid to a tipped employee shall be the wage set forth in section 6(a)(1).''. (2) Publication of notice.--Section 6(i) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(i)), as added by section 5, is amended by striking ``or in accordance with subparagraph (B) or (C) of section 3(m)(1) (as applicable),''. (3) Effective date.--The amendments made by paragraphs (1) and (2) shall take effect on the date that is one day after the date on which the hourly wage under section 3(m)(1)(C) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(m)(1)(C)), as amended by subsection (a), takes effect. SEC. 4. NEWLY HIRED EMPLOYEES WHO ARE LESS THAN 20 YEARS OLD. (a) Base Minimum Wage for Newly Hired Employees Who Are Less Than 20 Years Old.--Section 6(g)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(g)(1)) is amended by striking ``a wage which is not less than $4.25 an hour.'' and inserting the following: ``a wage at a rate that is not less than-- ``(A) for the 1-year period beginning on the effective date under section 7 of the Raise the Wage Act, $5.00 an hour; ``(B) for each succeeding 1-year period until the hourly wage under this paragraph equals the wage in effect under section 6(a)(1) for such period, an hourly wage equal to the amount determined under this paragraph for the preceding year, increased by the lesser of-- ``(i) $1.05; or ``(ii) the amount necessary for the wage in effect under this paragraph to equal the wage in effect under section 6(a)(1) for such period, rounded to the nearest multiple of $0.05; and ``(C) for each succeeding 1-year period after the increase made pursuant to subparagraph (B)(ii), the minimum wage in effect under section 6(a)(1).''. (b) Scheduled Repeal of Separate Minimum Wage for Newly Hired Employees Who Are Less Than 20 Years Old.-- (1) In general.--Section 6(g)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(g)(1)), as amended by subsection (a), shall be repealed effective on the date provided in paragraph (3). (2) Publication of notice.--Section 6(i) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(i)), as amended by section 3(c)(2), is further amended by striking ``or subparagraph (B) or (C) of section 6(g)(1) (as applicable),''. (3) Effective date.--The repeal and amendment made by paragraphs (1) and (2), respectively, shall take effect on the date that is one day after the date on which the hourly wage under section 6(g)(1)(C) of the Fair Labor Standards Act, as amended by subsection (a), takes effect. SEC. 5. PUBLICATION OF NOTICE. Section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206), as amended by the preceding sections, is further amended by adding at the end the following: ``(i) Not later than 60 days prior to the effective date of any increase in the required wage determined under subsection (h), or in accordance with subparagraph (B) or (C) of section 3(m)(1) (as applicable), section 14(c)(1)(A) (as applicable), or subparagraph (B) or (C) of section 6(g)(1) (as applicable), the Secretary shall publish in the Federal Register and on the website of the Department of Labor a notice announcing each increase in such required wage.''. SEC. 6. PROMOTING ECONOMIC SELF-SUFFICIENCY FOR INDIVIDUALS WITH DISABILITIES. (a) Wages.-- (1) Transition to fair wages for individuals with disabilities.--Subparagraph (A) of section 14(c)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 214(c)(1)) is amended to read as follows: ``(A) at a rate that equals, or exceeds, the greater of-- ``(i)(I) $4.25 an hour, beginning 1 year after the date the wage rate specified in section 6(a)(1)(A) takes effect; ``(II) $6.25 an hour, beginning 2 years after such date; ``(III) $8.25 an hour, beginning 3 years after such date; ``(IV) $10.25 an hour, beginning 4 years after such date; ``(V) $12.25 an hour, beginning 5 years after such date; and ``(VI) the wage rate in effect under section 6(a)(1), on the date that is 6 years after the date the wage specified in section 6(a)(1)(A) takes effect; or ``(ii) if applicable, the wage rate in effect on the day before the date of enactment of the Raise the Wage Act for the employment, under a special certificate issued under this paragraph, of the individual for whom the wage rate is being determined under this subparagraph,''. (2) Prohibition on new special certificates; sunset.-- Section 14(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 214(c)) (as amended by paragraph (1)) is further amended by adding at the end the following: ``(6) Prohibition on new special certificates.-- Notwithstanding paragraph (1), the Secretary shall not issue a special certificate under this subsection to an employer that was not issued a special certificate under this subsection before the date of enactment of the Raise the Wage Act. ``(7) Sunset.--Beginning on the day after the date on which the wage rate described in paragraph (1)(A)(i)(VI) takes effect, the authority to issue special certificates under paragraph (1) shall expire, and no special certificates issued under paragraph (1) shall have any legal effect. ``(8) Transition assistance.--Upon request, the Secretary shall provide-- ``(A) technical assistance and information to employers issued a special certificate under this subsection for the purposes of-- ``(i) transitioning the practices of such employers to comply with this subsection, as amended by the Raise the Wage Act; and ``(ii) ensuring continuing employment opportunities for individuals with disabilities receiving a special minimum wage rate under this subsection; and ``(B) information to individuals employed at a special minimum wage rate under this subsection, which may include referrals to other Federal or State entities with expertise in competitive integrated employment.''. (3) Effective date.--The amendments made by this subsection shall take effect on the date of enactment of this Act. (b) Publication of Notice.-- (1) Amendment.--Section 6(i) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(i)), as amended by section 4(b)(2), is further amended by striking ``section 14(c)(1)(A) (as applicable),''. (2) Effective date.--The amendment made by paragraph (1) shall take effect on the day after the date on which the wage rate described in paragraph (1)(A)(i)(VI) of section 14(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 214(c)), as amended by subsection (a)(1), takes effect. SEC. 7. GENERAL EFFECTIVE DATE. Except as otherwise provided in this Act or the amendments made by this Act, this Act and the amendments made by this Act shall take effect on the first day of the third month that begins after the date of enactment of this Act. | Raise the Wage Act This bill amends the Fair Labor Standards Act of 1938 to increase the federal minimum wage for regular employees over a 7-year period, for tipped employees, and for newly hired employees who are less than 20 years old. The bill sets forth a schedule of annual increases in the federal minimum wage for individuals with disabilities. The Department of Labor shall no longer issue special certificates for the payment of subminimum wages to such individuals after the final wage increase under this bill for such individuals takes effect. Labor shall provide, upon request, technical assistance and information to employers to: (1) help them transition their practices to comply with wage increases and other requirements under this bill for individuals with disabilities, and (2) ensure continuing employment opportunities for such individuals. The bill eliminates the separate minimum wage requirements for tipped, newly hired, and disabled employees. After a specified period, these employees shall be paid the same minimum wage as regular employees. Labor must publish any increase in the minimum wage in the Federal Register and on its website 60 days before it takes effect. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``US-Israel Global Neuroscience Partnership Act of 2014''. SEC. 2. FINDINGS. Congress finds that-- (1) it is in the highest national security interests of the United States to develop neuroscience-related research and neurotechnology; (2) the State of Israel is a steadfast ally of the United States; (3) the special relationship between the United States and Israel is manifested in a variety of cooperative scientific research and development programs, such as-- (A) the United States-Israel Binational Science Foundation; and (B) the United States-Israel Binational Industrial Research and Development Foundation; (4) those programs have made possible many scientific, technological, and commercial breakthroughs in the fields of life sciences, medicine, bioengineering, agriculture, biotechnology, communications, and others; (5) in December 2011 the Office of Science and Technology Policy was directed by Congress to establish an Interagency Working Group on Neuroscience which was chartered on June 20, 2012, is housed at the White House, and is currently convening representatives across the Federal Government to make recommendations about the future of neuroscience research; (6) Israeli scientists and engineers are at the forefront of research and development in the field of neuroscience; (7) Israel Brain Technologies is a nonprofit organization whose mission is to turn Israel into a global brain technology and research leader by-- (A) supporting applied brain research; (B) accelerating brain technology development; (C) creating and fostering a community around neurotechnology; and (D) attracting key stakeholders to partner and support brain technology in Israel; and (8) enhanced cooperation between the United States and Israel for the purpose of research and development of neuroscience would be in the national interests of both countries. SEC. 3. GRANTS FOR NEUROSCIENCE-RELATED RESEARCH. (a) Authority.--The Secretary, acting through the Director of the National Institutes of Health, in consultation with the BIRD or BSF, shall award grants to eligible entities for neuroscience-related research. (b) Application.-- (1) Submission of applications.--To receive a grant under this section, an eligible entity shall submit an application to the Secretary containing such information and assurances as the Secretary, in consultation with the BIRD or BSF, may require. (2) Selection of eligible entities.--The Secretary, in consultation with the Directors of the BIRD and BSF, may review any application submitted by any eligible entity and select any eligible entity meeting criteria established by the Secretary, in consultation with the Advisory Board, for a grant under this section. (c) Amount of Grant.--The amount of each grant awarded for a fiscal year under this section shall be determined by the Secretary, in consultation with the BIRD or BSF. (d) Recoupment.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish procedures and criteria for recoupment in connection with any eligible project carried out by an eligible entity that receives a grant under this section, which has led to the development of a product or process which is marketed or used. (2) Amount required.-- (A) Except as provided in subparagraph (B), such recoupment shall be required as a condition for award and be proportional to the Federal share of the costs of such project, and shall be derived from the proceeds of royalties or licensing fees received in connection with such product or process. (B) In the case where a product or process is used by the recipient of a grant under this section for the production and sale of its own products or processes, the recoupment shall consist of a payment equivalent to the payment which would be made under subparagraph (A). (3) Waiver.--The Secretary may at any time waive or defer all or some of the recoupment requirements of this subsection as necessary, depending on-- (A) the commercial competitiveness of the entity or entities developing or using the product or process; (B) the profitability of the project; and (C) the commercial viability of the product or process utilized. (e) Private Funds.--The Secretary may accept contributions of funds from private sources to carry out this Act. (f) Report.--Not later than 180 days after receiving a grant under this section, each recipient shall submit a report to the Secretary-- (1) documenting how the recipient used the grant funds; and (2) evaluating the level of success of each project funded by the grant. SEC. 4. INTERNATIONAL NEUROSCIENCE-RELATED RESEARCH ADVISORY BOARD. (a) Establishment.--There is established in the National Institutes of Health an International Neuroscience-Related Research Advisory Board. (b) Duties.--The Advisory Board shall advise the Secretary on-- (1) criteria for the recipients of grants awarded under section 3(a); (2) the total amount of grant money to be awarded to all grantees selected by the Secretary, in consultation with the BIRD; and (3) the total amount of grant money to be awarded to all grantees selected by the Secretary, in consultation with the BSF, for each fiscal year. (c) Membership.-- (1) Composition.--The Advisory Board shall be composed of-- (A) 1 member appointed by the Director of the National Science Foundation; (B) 1 member appointed by the Director of the National Institutes of Health; (C) 1 member appointed by the Director of the National Institute of Standards and Technology; and (D) in addition to the member appointed under subparagraph (B), 3 members who shall be Israeli citizens, appointed by the Director of the National Institutes of Health after consultation with appropriate officials in the Israeli Government. (2) Deadline for appointments.--The initial appointments under paragraph (1) shall be made not later than 60 days after the date of enactment of this Act. (3) Term.--Each member of the Advisory Board shall be appointed for a term of 4 years. (4) Vacancies.--A vacancy on the Advisory Board shall be filled in the manner in which the original appointment was made. (5) Basic pay.-- (A) Compensation.--A member of the Advisory Board shall serve without pay. (B) Travel expenses.--Each member of the Advisory Board shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions of subchapter I of chapter 57 of title 5, United States Code. (6) Quorum.--Three members of the Advisory Board shall constitute a quorum. (7) Chairperson.--The Chairperson of the Advisory Board shall be designated by the Director of the National Institutes of Health from among the members appointed by the Director at the time of the appointment. (8) Meetings.--The Advisory Board shall meet at least once annually at the call of the Chairperson. (d) Termination.--Section 14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Board. SEC. 5. DEFINITIONS. In this Act: (1) Advisory board.--The term ``Advisory Board'' means the International Neuroscience-Related Research Advisory Board established by section 4(a). (2) BIRD.--The term ``BIRD'' means the Israel-United States Binational Industrial Research and Development Foundation. (3) BSF.--The term ``BSF'' means the United States-Israel Binational Science Foundation. (4) Eligible entity.--The term ``eligible entity'' means a joint venture comprised of both Israeli and United States private business entities or a joint venture comprised of both Israeli academic persons (who reside and work in Israel) and United States academic persons, that-- (A) carries out an eligible project; and (B) is selected by the Secretary, in consultation with the BIRD or BSF, using the criteria established by the Secretary, in consultation with the Advisory Board. (5) Eligible project.--The term ``eligible project'' means a project to encourage cooperation between the United States and Israel on neuroscience-related research. (6) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 6. TERMINATION. The grant program authorized under section 3 and the Advisory Board shall terminate upon the expiration of the 7-year period which begins on the date of the enactment of this Act. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. The Secretary is authorized to expend not more than $20,000,000 to carry out this Act for each of fiscal years 2014 through 2020. | US-Israel Global Neuroscience Partnership Act of 2014 - Directs the Secretary of Health and Human Services (HHS) to award grants to eligible entities for U.S.-Israel cooperative neuroscience research. Establishes in the National Institutes of Health (NIH) an International Neuroscience-Related Research Advisory Board. Terminates the grant program and the Advisory Board seven years after the date of enactment of this Act. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Earthquake Insurance Affordability Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings and purposes. Sec. 3. Definitions. Sec. 4. Eligible State programs. Sec. 5. Establishment of debt-guarantee program. Sec. 6. Effect of guarantee. Sec. 7. Assessment at time of guarantee. Sec. 8. Payment of losses. Sec. 9. Full faith and credit. Sec. 10. Budgetary impact; costs. Sec. 11. Regulations. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) Major earthquakes are likely in the United States. For example, the United States Geological Survey predicts that there is a 99.7 percent chance that a magnitude 6.7 earthquake will strike in California in the next 30 years and that there is a 46 percent chance that a magnitude 7.5 earthquake will strike in California in the next 30 years. Earthquakes can be caused by volcanic or tectonic events and result in destructive shaking of the earth, fires, landslides, volcanic eruptions, and tsunamis. (2) Despite the known risk of earthquakes, relatively few homeowners have earthquake insurance. For example, in California, 88 percent of homes insured for fire do not have earthquake insurance. In the event of a catastrophic earthquake, the lack of homeowner earthquake-insurance coverage will slow recovery, create economic hardship, and increase the risk of mortgage and other credit defaults and adversely affect the Nation's banking system. (3) It is important that States improve the affordability, availability, and quality of earthquake insurance so that more homeowners will purchase coverage. For example, California has created the California Earthquake Authority to provide earthquake insurance to homeowners through private-sector insurers. (4) It is a proper role of the Federal Government to help prepare and protect its citizens from catastrophes such as earthquakes and to facilitate consumer protection, victim assistance, and individual and community recovery, including financial recovery. (b) Purposes.--The purposes of this Act are to establish a program-- (1) to promote the availability of private capital to provide liquidity and capacity to State earthquake insurance programs; and (2) to expedite the payment of claims under State earthquake insurance programs and better assist the financial recovery from significant earthquakes by authorizing the Secretary of the Treasury to guarantee debt for such purposes. SEC. 3. DEFINITIONS. In this Act, the following definitions shall apply: (1) Commitment to guarantee.--The term ``commitment to guarantee'' means a commitment to make debt guarantees to an eligible State program pursuant to section 5. (2) Eligible state program.--The term ``eligible State program'' means a State program that, pursuant to section 4, is eligible to receive a debt guarantee under this Act. (3) Insured loss.--The term ``insured loss'' means any loss resulting from an earthquake, an earthquake-related event, or fire following an earthquake that is determined by an eligible State program as being covered by insurance made available under that eligible State program. (4) Qualifying assets.--The term ``qualifying assets'' means the policyholder surplus of the eligible State program as stated in the most recent quarterly financial statement filed by the program with the domiciliary regulator of the program in the last quarter ending prior to an insured-loss triggering event or events. (5) Residential property insurance.--The term ``residential property insurance'' means insurance coverage for-- (A) individually owned residential structures of not more than 4 dwelling units, individually owned condominium units, or individually owned mobile homes, and their contents, located in a State and used exclusively for residential purposes or a tenant's policy written to include personal contents of a residential unit located in the State, but shall not include-- (i) insurance for real property or its contents used for any commercial, industrial, or business purpose, except a structure of not more than 4 dwelling units rented for individual residential purposes; or (ii) a policy that does not include any of the perils insured against in a standard fire policy or any earthquake policy; or (B) commercial residential property, which includes property owned by a condominium association or its members, property owned by a cooperative association, or an apartment building. (6) Secretary.--The term ``Secretary'' means the Secretary of the Treasury. (7) State.--The term ``State'' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the United States Virgin Islands, American Samoa, and any other territory or possession of the United States. SEC. 4. ELIGIBLE STATE PROGRAMS. (a) Eligible State Programs.--A State program shall be considered an eligible State program for purposes of this Act if the State program or other State entity authorized to make such determinations certifies to the Secretary, in accordance with the procedures established under subsection (b), that the State program complies with the following requirements: (1) State program design.--The State program is established and authorized by State law as an earthquake insurance program that offers residential property insurance coverage for insured losses to property, contents, and additional living expenses, and which is not a State program that requires insurers to pool resources to provide property insurance coverage for earthquakes. (2) Operation.--The State program shall meet the following requirements: (A) A majority of the members of the governing body of the State program shall be public officials or appointed by public officials. (B) The State shall have a financial interest in the State program. (C) If the State has at any time appropriated amounts from the State program's funds for any purpose other than payments for losses insured under the State program, or payments made in connection with any of the State program's authorized activities, the State shall have returned such amounts to the State fund, together with interest on such amounts. (3) Tax status.--The State program shall have received from the Secretary (or the Secretary's designee) a written determination, within the meaning of section 6110(b) of the Internal Revenue Code of 1986, that the State program either-- (A) constitutes an ``integral part'' of the State that has created it; or (B) is otherwise exempt from Federal income taxation. (4) Earnings.--The State program may not provide for any distribution of any part of any net profits of the State program to any insurer that participates in the State program. (5) Loss prevention and mitigation.-- (A) Mitigation of losses.--The State program shall include provisions designed to encourage and support programs to mitigate losses for which the State insurance program was established to provide insurance. (B) Operational requirements.--The State program shall operate in a State that-- (i) has in effect and enforces, or the appropriate local governments within the State have in effect and enforce, nationally recognized building, seismic-design, and safety codes and consensus-based standards; and (ii) has taken actions to establish an insurance rate structure that takes into account measures to mitigate insured losses. (6) Requirements regarding coverage.--The State program-- (A) may not, except for charges or assessments related to post-event financing or bonding, involve cross-subsidization between any separate property-and- casualty insurance lines offered under the State program pursuant to paragraph (1); (B) shall be subject to a requirement under State law that for earthquake insurance coverage made available under the State insurance program the premium rates charged on such insurance shall be actuarially sound; and (C) shall make available to all qualifying policyholders insurance coverage and mitigation services on a basis that is not unfairly discriminatory. (b) Annual Certification.--The Secretary shall establish procedures for initial certification and annual recertification as an eligible State program. SEC. 5. ESTABLISHMENT OF DEBT-GUARANTEE PROGRAM. (a) Authority of Secretary.--The Secretary is authorized and shall have the powers and authorities necessary-- (1) to guarantee, and to enter into commitments to guarantee, holders of debt against loss of principal or interest, or both, on any debt issued by eligible State programs for purposes of this Act; and (2) to certify and recertify State catastrophe insurance programs that cover earthquake peril to become or remain eligible for the benefits of such a debt-guarantee program. (b) Limit on Outstanding Debt Guarantee.--The aggregate amount of debt covered by the Secretary's guarantees and commitments to guarantee for all eligible State programs outstanding at any time shall not exceed $5,000,000,000, including interest. (c) Funding.-- (1) Appropriation of federal payments.--Subject to subsection (b), there are hereby appropriated, out of funds in the Treasury not otherwise appropriated, such sums as may be necessary to satisfy debt guarantee commitments extended to eligible State programs under this Act. (2) Certification fee.--Upon certification or recertification as an eligible State program under section 4(a) or 4(b), a State program shall be charged a certification fee sufficient in the judgement of the Secretary at the time of certification to cover-- (A) applicable administrative costs arising from each certification or recertification, including all pre-certification costs and a proportional share of the costs arising from the administration of the program established under this Act, but in any event not to exceed one-half of 1 percent annum of the aggregate principal amount of the debt for which the eligible State program is issued a guarantee commitment; and (B) any probable losses on the aggregate principal amount of the debt for which the eligible State program is issued a guarantee commitment. (3) Rule of construction.--Any funds expended or obligated by the Secretary for the payment of administrative expenses for conduct of the debt-guarantee program authorized by this Act shall be deemed appropriated at the time of such expenditure or obligation from the certification and recertification fees collected pursuant to paragraph (2). (d) Conditions for Guarantee Eligibility.--A debt guarantee under this section may be made only if the Secretary has issued a commitment to guarantee to a certified, eligible State program. The commitment to guarantee shall be in force for a period of 3 years from its initial issuance and may be extended by the Secretary for 1 year on each annual anniversary of the issuance of the commitment to guarantee. The commitment to guarantee and each extension of such commitment may be issued by the Secretary only if the following requirements are satisfied: (1) The eligible State program submits to the Secretary a report setting forth, in such form and including such information as the Secretary shall require, how the eligible State program plans to repay guarantee-eligible debt it may incur. (2) Based on the eligible State program's report submitted pursuant to paragraph (1), the Secretary determines there is reasonable assurance that the eligible State program can meet its repayment obligation under such debt. (3) The eligible State program enters into an agreement with the Secretary, as the Secretary shall require, that the eligible State program will not use Federal funds of any kind or from any Federal source (including any disaster or other financial assistance, loan proceeds, and any other assistance or subsidy) to repay the debt. (4) The commitment to guarantee shall specify and require the payment of the fees for debt guarantee coverage. (5) The maximum term of the debt specified in a commitment issued under this section may not exceed 30 years. (e) Mandatory Assistance for Eligible State Programs.--The Secretary shall upon the request of an eligible State program and pursuant to a commitment to guarantee issued under subsection (d), provide a guarantee under subsection (f) for such eligible State program in the amount requested by such eligible State program, subject to the limitation under subsection (f)(2). (f) Catastrophe Debt Guarantee.--A debt guarantee under this subsection for an eligible State program shall be subject to the following requirements: (1) Preconditions.--The eligible State program shows to the satisfaction of the Secretary that insured losses to the eligible State program arising from the event or events covered by the commitment to guarantee are likely to exceed 80 percent of the eligible State program's qualifying assets available to pay claims, as calculated on the date of the event and based on the eligible State program's most recent quarterly financial statement filed with its domiciliary regulator. (2) Use of funds.--Proceeds of debt guaranteed under this section shall be used only to pay the costs of issuing debt and of securing or providing claim-payment capacity for paying the insured losses and loss adjustment expenses incurred by an eligible State program. Such amounts shall not be used for any other purpose. SEC. 6. EFFECT OF GUARANTEE. The issuance of any guarantee by the Secretary under this Act shall be conclusive evidence that-- (1) the guarantee has been properly obtained; (2) the underlying debt qualified for such guarantee; and (3) the guarantee is valid, legal, and enforceable. SEC. 7. ASSESSMENT AT TIME OF GUARANTEE. To extent not satisfied by the fees collected under section 5(c)(2), the Secretary shall charge and collect fees for each guarantee issued in amounts sufficient in the judgement of the Secretary at the time of issuance of the guarantee to cover applicable administrative costs and probable losses on the guaranteed obligations. SEC. 8. PAYMENT OF LOSSES. (a) In General.--The Secretary agrees to pay to the duly appointed paying agent or trustee (in this section referred to as the ``Fiscal Agent'') for the eligible State program that portion of the principal and interest on any debt guaranteed under this Act that shall become due to payment but shall be unpaid by the eligible State program as a result of such program having provided insufficient funds to the Fiscal Agent to make such payments. The Secretary shall make such payments on the date such principal or interest becomes due for payment or on the business day next following the day on which the Secretary shall receive notice of failure on the part of the eligible State program to provide sufficient funds to the Fiscal Agent to make such payments, whichever is later. Upon making such payment, the Secretary shall be subrogated to all the rights of the ultimate recipient of the payment. The Secretary shall be entitled to recover from the eligible State program the amount of any payments made pursuant to any guarantee entered into under this Act. (b) Role of the Attorney General.--The Attorney General shall take such action as may be appropriate to enforce any right accruing, and to collect any and all sums owing, to the United States as a result of the issuance of any guarantee under this Act. (c) Rule of Construction.--Nothing in this section shall be construed to preclude any forbearance for the benefit of the eligible State program which may be agreed upon by the parties to the guaranteed debt and approved by the Secretary, provided that budget authority for any resulting cost, as such term is defined under the Federal Credit Reform Act of 1990, is available. (d) Right of the Secretary.--Notwithstanding any other provision of law relating to the acquisition, handling, or disposal of property by the United States, the Secretary shall have the right in the discretion of the Secretary to complete, recondition, reconstruct, renovate, repair, maintain, operate, or sell any property acquired by the Secretary pursuant to the provisions of this Act. SEC. 9. FULL FAITH AND CREDIT. The full faith and credit of the United States is pledged to the payment of all guarantees issued under this Act with respect to principal and interest. SEC. 10. BUDGETARY IMPACT; COSTS. For purposes of section 502(5) of the Federal Credit Reform Act of 1990, the cost of guarantees to be issued under this Act shall be calculated by adjusting the discount rate in section 502(5)(E) of such Act for market risk. SEC. 11. REGULATIONS. The Secretary shall issue any regulations necessary to carry out the debt-guarantee program established under this Act. | Earthquake Insurance Affordability Act - Authorizes the Secretary of the Treasury to guarantee holders of debt against loss of principal or interest, or both, on debt issued by eligible state programs designed to: (1) promote the availability of private capital to provide liquidity and capacity to state earthquake (specifically, residential property) insurance programs, and (2) expedite the payment of claims under such programs and better assist financial recovery from significant earthquakes. Prescribes operational requirements for eligible state programs which include an established earthquake insurance program that: (1) offers residential property insurance coverage for insured losses to property, contents, and additional living expenses; and (2) does not require insurers to pool resources to provide property insurance coverage for earthquakes. Includes among such operational requirements that the state: (1) has in effect and enforces, or the appropriate local governments within the state have in effect and enforce, nationally recognized building, seismic-design, and safety codes and consensus-based standards; and (2) has taken actions to establish an insurance rate structure that takes into account measures to mitigate insured losses. Directs the Secretary to establish procedures for certification of an eligible state program. Limits to $5 billion, including interest, the aggregate principal amount of outstanding debt obligations guaranteed by the Secretary. Makes appropriations to satisfy debt guarantee commitments. Requires the Secretary, upon request of an eligible state program, to provide such debt guarantees. Pledges the full faith and credit of the United States to the payment of all guarantees issued under this Act. |
SECTION 1. EXTENSION OF EXPIRING AUTHORITIES OF DEPARTMENT OF VETERANS AFFAIRS. (a) Outpatient Services for Persian Gulf Veterans Exposed to Toxic Substances.--Section 1712(a)(1)(D) of title 38, United States Code, is amended by striking out ``December 31, 1995'' and inserting in lieu thereof ``December 31, 1997''. (b) Contract Authority for Alcohol and Drug Abuse Care.--(1) Subsection (e) of section 1720A of such title is amended by striking out ``December 31, 1995'' and inserting in lieu thereof ``December 31, 1997''. (2) Subsection (f) of such section is amended by striking out ``October 1, 1997'' and inserting in lieu thereof ``March 31, 1998''. (c) Nursing Home Care Alternatives.--(1) Section 1720C(a) of such title is amended by striking out ``September 30, 1995'' and inserting in lieu thereof ``December 31, 1996''. (2) The Secretary of Veterans Affairs shall submit to Congress a report, not later than March 31, 1996, on the medical efficacy and cost effectiveness, and disadvantages and advantages, associated with the use by the Secretary of noninstitutional alternatives to nursing home care. (d) Real Property for Use by Homeless Veterans.--(1) Section 3735(c) of such title is amended by striking out ``December 31, 1995'' and inserting in lieu thereof ``December 31, 1997''. (2) The Secretary of Veterans Affairs shall submit to Congress a report, not later than March 31, 1997, on the operation of the program under section 3735 of such title relating to housing assistance for homeless veterans. The report shall include the number of veterans served by the program and the costs of the program and any savings generated to the Government under the program. (e) Health Scholarships Program.--(1) Section 7618 of such title is amended by striking out ``December 31, 1995'' and inserting in lieu thereof ``December 31, 1997''. (2) The Secretary of Veterans Affairs shall submit to Congress a report, not later than March 31, 1997, on the operation of the health scholarships program under subchapter 2 of chapter 76 of title 38, United States Code. The report shall include the number and types of scholarships awarded and the effect of the program on retention of employees by the Department of Veterans Affairs. (f) Enhanced-Use Leases of Real Property.--Section 8169 is amended by striking out ``December 31, 1995'' and inserting in lieu thereof ``December 31, 1997''. (g) Community-Based Residential Care for Homeless Chronically Mentally Ill Veterans.--Section 115(d) of the Veterans' Benefits and Services Act of 1988 (Public Law 100-322; 38 U.S.C. 1712 note) is amended by striking out ``September 30, 1995'' and inserting in lieu thereof ``December 31, 1997''. (h) Compensated Work Therapy and Therapeutic Transitional Housing Program.--Section 7 of Public Law 102-54 (38 U.S.C. 1718 note) is amended-- (1) in subsection (a), by striking out ``During fiscal years 1991 through 1995, the Secretary'' and inserting in lieu thereof ``The Secretary''; and (2) by adding at the end the following: ``(m) Sunset.--The authority for the demonstration program under this section expires on December 31, 1997.''. SEC. 2. REPEAL OF AUTHORITY TO MAKE GRANTS TO VETERANS MEMORIAL MEDICAL CENTER IN THE PHILIPPINES. (a) Repeal.--Section 1732 of title 38, United States Code, is amended-- (1) by striking out subsection (b); (2) by redesignating subsection (c) as subsection (b) and striking out ``or grant'' both places it appears in that subsection; and (3) by redesignating subsection (d) as subsection (c) and striking out ``and to make grants'' in that subsection. (b) Clerical Amendments.--(1) The heading of such section is amended by striking out ``and grants''. (2) The item relating to such section in the table of sections at the beginning of chapter 17 of such title is amended by striking out ``and grants''. SEC. 3. AUTHORIZATION OF MAJOR MEDICAL CONSTRUCTION PROJECTS FOR FISCAL YEAR 1996. (a) Project Authorization.--The Secretary of Veterans Affairs may carry out the major medical facility projects for the Department of Veterans Affairs, and may carry out the major medical facility leases for that Department, for which funds are requested in the budget of the President for fiscal year 1996 and for which authorization is required under section 8104(a)(2) of title 38, United States Code. (b) Funding Authorization.--There are authorized to be appropriated to the Secretary of Veterans Affairs for fiscal year 1996-- (1) $224,800,000 for the major medical facility projects authorized in subsection (a); and (2) $2,790,000 for the major medical facility leases authorized in subsection (a). (c) Limitations.--The projects authorized in subsection (a) may only be carried out using-- (1) funds appropriated for fiscal year 1996 pursuant to the authorization of appropriations in subsection (b); (2) funds appropriated to the Department of Veterans Affairs for Construction, Major Projects, for any fiscal year that remain available for obligation; and (3) funds appropriated to the Department of Veterans Affairs for Construction, Major Projects, for any fiscal year for a category of activity not specific to a project. | Extends through December 31, 1997, the following authorities of the Department of Veterans Affairs: (1) the authority to provide outpatient services to Persian Gulf veterans exposed to toxic substances or environmental hazards during such service; (2) the authority to contract with community-based treatment facilities for the care of eligible veterans suffering from alcohol or drug dependence or abuse disabilities (also extends a certain evaluation in connection with such treatment); (3) the authority to enter into agreements with States and nonprofit organizations for the provision of housing assistance for homeless veterans ( requires a report); (5) the Department's health professionals scholarship program (requires a report); (6) the authority of the Secretary of Veterans Affairs to enter into enhanced-use leases of Department real property; (7) the authority under the Veterans' Benefits and Services Act of 1988 for a pilot program providing community-based residential care for homeless chronically mentally ill veterans; and (8) the Department's compensated work therapy and therapeutic transitional housing program. Extends through December 31, 1996, a pilot program for determining noninstitutional alternatives to veterans' nursing home care (requires a report). Repeals the authority of the Secretary to make contracts and grants for providing care and treatment for veterans at the Department's Veterans Memorial Medical Center in the Philippines. Authorizes the Secretary to carry out the Department's major medical facility projects and leases for which funds are requested in the President's FY 1996 budget and for which authorization is required. Authorizes FY 1996 appropriations to the Secretary for such projects and leases, with limitations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Black Lung Disability Trust Fund Debt Restructuring Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Black Lung Disability Trust Fund (in this Act referred to as the ``Trust Fund'') was created in 1978 as part of the Black Lung Benefits Revenue Act of 1977, with the goal of shifting, from the Federal Government to the coal mining industry, the cost of compensating victims of occupational black lung disease. (2) The Trust Fund draws its principal revenue from excise taxes on coal. The Black Lung Benefits Revenue Act of 1977 authorized repayable advances from the Treasury to the Trust Fund, in such sums as may be necessary to make benefit payments and other authorized expenditures. Any such advances are required to be repaid, with interest at the rate prescribed in section 9501(c)(3) of the Internal Revenue Code of 1986 to the general fund of the Treasury when the Secretary of the Treasury determines that monies are available in the Trust Fund for such purposes. (3) In each year prior to 1990, the Trust Fund revenues were insufficient to satisfy all benefit payments and other authorized expenditures, resulting in the need for repayable advances from the Treasury to the Trust Fund. (4) Since 1990, the Trust Fund revenues from excise taxes on coal have generally been sufficient to cover current benefit payments and administrative costs, but have not been sufficient to repay any portion of the outstanding principal that the Trust Fund owes to the Treasury. Instead, that indebtedness has grown each year as additional advances were taken to pay the portion of the interest charges not covered by the Trust Fund's revenues. (5) Beginning in 1998, the annual interest charges on the debt alone have exceeded benefit payments made by the Trust Fund. (6) The annual interest charges to the Trust Fund now exceed its total annual excise tax revenues. (7) Without action, the Trust Fund's indebtedness to the Treasury, which totals approximately $8,200,000,000, will continue to grow and the Trust Fund will never become solvent, even when benefit outlays have declined to a level approaching zero. (8) It is in the public interest to refinance the Trust Fund debt and to restore long-term fiscal solvency to the Trust Fund. SEC. 3. DEFINITIONS. For purposes of this Act: (1) Repayable advance.--The term ``repayable advance'' means an amount that has been appropriated to the Trust Fund in order to make benefit payments and other expenditures that are authorized under section 9501 of the Internal Revenue Code of 1986 and are required to be repaid when the Secretary of the Treasury determines that monies are available in the Trust Fund for this purpose. (2) Market value of the outstanding repayable advances, plus accrued interest.--The term ``market value of the outstanding repayable advances, plus accrued interest'' means the present value (determined by the Secretary of the Treasury as of the refinancing date and using the Treasury rate as the discount rate) of the stream of principal and interest payments derived assuming that each repayable advance that is outstanding on the refinancing date is due on the thirtieth anniversary of the end of the fiscal year in which the advance was made to the Trust Fund, and that all such principal and interest payments are made on September 30 of the applicable fiscal year. (3) Refinancing date.--The term ``refinancing date'' means the date occurring 2 days after the date of the enactment of this Act. (4) Treasury 1-year rate.--The term ``Treasury 1-year rate'' means a rate determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States with remaining periods to maturity of approximately 1 year, to have been in effect as of the close of business 1 business day before the date on which the Trust Fund issues obligations to the Secretary of the Treasury under section 4(b). (5) Treasury rate.--The term ``Treasury rate'' means a rate determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturities. SEC. 4. REFINANCING OF OUTSTANDING PRINCIPAL OF REPAYABLE ADVANCES AND UNPAID INTEREST ON SUCH ADVANCES. (a) In General.--On the refinancing date, the Trust Fund shall pay the market value of the outstanding repayable advances, plus accrued interest, by transferring into the general fund of the Treasury the following sums: (1) The proceeds from obligations that the Trust Fund shall issue to the Secretary of the Treasury in such amounts as the Secretaries of Labor and the Treasury shall determine and bearing interest at the Treasury rate, and that shall be in such forms and denominations and be subject to such other terms and conditions, including maturity, as the Secretary of the Treasury shall prescribe. (2) All, or that portion, of the appropriation made to the Trust Fund pursuant to section 5 that is needed to cover the difference defined in that section. (b) Additional Issuance of Obligations.--In the event that the Trust Fund is unable to repay the obligations that it has issued to the Secretary of the Treasury under subsection (a)(1) and this subsection, or is unable to make benefit payments and other authorized expenditures, the Trust Fund shall issue obligations to the Secretary of the Treasury in such amounts as may be necessary to make such repayments, payments, and expenditures, with a maturity of 1 year, and bearing interest at the Treasury 1 year rate. These obligations shall be in such forms and denominations and be subject to such other terms and conditions as the Secretary of the Treasury shall prescribe. (c) Authorization To Issue Obligations.--The Trust Fund is authorized to issue obligations to the Secretary of the Treasury under subsections (a)(1) and (b). The Secretary of the Treasury is authorized to purchase such obligations of the Trust Fund. For the purposes of making such purchases, the Secretary of the Treasury may use as a public debt transaction the proceeds from the sale of any securities issued under chapter 31 of title 31, United States Code, and the purposes for which securities may be issued under such chapter are extended to include any purchase of such Trust Fund obligations under this subsection. SEC. 5. APPROPRIATIONS. There is hereby appropriated to the Trust Fund an amount sufficient to pay to the general fund of the Treasury the difference between-- (1) the market value of the outstanding repayable advances, plus accrued interest, and (2) the proceeds from the obligations issued by the Trust Fund to the Secretary of the Treasury under section 4(a)(1). SEC. 6. PREPAYMENT OF TRUST FUND OBLIGATIONS. The Trust Fund is authorized to repay any obligation issued to the Secretary of the Treasury under subsections (a)(1) and (b) of section 4 before its maturity date by paying a prepayment price that would, if the obligation being prepaid (including all unpaid interest accrued thereon through the date of prepayment) were purchased by a third party and held to the maturity date of such obligation, produce a yield to the third-party purchaser for the period from the date of purchase to the maturity date of such obligation substantially equal to the Treasury yield on outstanding marketable obligations of the United States having a comparable maturity to this period. SEC. 7. EXTENSION OF EXCISE TAX LEVELS. Paragraph (2) of section 4121(e) of the Internal Revenue Code of 1986 (relating to reduction in amount of tax) is amended to read as follows: ``(2) Temporary increase termination date.--For purposes of paragraph (1), the temporary increase termination date is the first January 1 following a determination by the Secretary that there are-- ``(A) no outstanding obligations of the Black Lung Disability Trust Fund held by the Secretary; and ``(B) no unpaid interest on such obligations.''. | Black Lung Disability Trust Fund Debt Restructuring Act - Requires the Black Lung Disability Trust Fund, on a certain refinancing date, to pay the market value of the outstanding repayable advances, plus accrued interest, by transferring into the general fund of the Treasury specified amounts derived from proceeds from obligations issued to the Secretary of the Treasury and from an appropriation to the Trust Fund under this Act. Authorizes the Trust Fund to issue additional obligations to the Secretary if it is unable to: (1) repay those obligations issued in such initial repayment; or (2) make benefit payments and other authorized expenditures. Amends the Internal Revenue Code to extend provisions for a temporary increase in excise tax levels related to the Trust Fund. |
SECTION 1. ESTABLISHMENT OF COMMISSION. There is established the National Commission on Terrorist Attacks Upon the United States (in this Act referred to as the ``Commission''). SEC. 2. PURPOSES. The purposes of the Commission are to-- (1) examine and report upon the facts and causes relating to the terrorist attacks of September 11, 2001, occurring at the World Trade Center in New York, New York and at the Pentagon in Virginia; (2) ascertain, evaluate, and report on the evidence developed by all relevant governmental agencies regarding the facts and circumstances surrounding the attacks; (3) make a full and complete accounting of the circumstances surrounding the attacks, and the extent of the United States' preparedness for, and response to, the attacks; and (4) investigate and report to the President and Congress on its findings, conclusions, and recommendations for corrective measures that can be taken to prevent acts of terrorism. SEC. 3. COMPOSITION OF THE COMMISSION. (a) Members.--Subject to the requirements of subsection (b), the Commission shall be composed of 10 members, of whom-- (1) 3 members shall be appointed by the majority leader of the Senate; (2) 3 members shall be appointed by the Speaker of the House of Representatives; (3) 2 members shall be appointed by the minority leader of the Senate; and (4) 2 members shall be appointed by the minority leader of the House of Representatives. (b) Qualifications.-- (1) Political party affiliation.--Not more than 5 members of the Commission shall be from the same political party. (2) Nongovernmental appointees.--No member of the Commission shall 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 such professions as governmental service, law enforcement, the armed services, legal practice, public administration, intelligence gathering, commerce, including aviation matters, and foreign affairs. (c) Chairperson; Vice Chairperson.-- (1) In general.--Subject to the requirement of paragraph (2), the Chairperson and Vice Chairperson of the Commission shall be elected by the members. (2) Political party affiliation.--The Chairperson and Vice Chairperson shall not be from the same political party. (d) Initial Meeting.--If 60 days after the date of enactment of this Act, 6 or more members of the Commission have been appointed, those members who have been appointed may meet and, if necessary, select a temporary Chairperson and Vice Chairperson, who may begin the operations of the Commission, including the hiring of staff. (e) Quorum; Vacancies.--After its initial meeting, the Commission shall meet upon the call of the Chairperson or a majority of its members. Six members of the Commission shall constitute a quorum. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. SEC. 4. FUNCTIONS OF THE COMMISSION. (a) In General.--The functions of the Commission are to-- (1) investigate the relevant facts and circumstances relating to the terrorist attacks of September 11, 2001, including any relevant legislation, Executive order, regulation, plan, policy, practice, or procedure; (2) identify, review, and evaluate the lessons learned from the terrorist attacks of September 11, 2001, 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 such terrorist attacks; and (3) submit to the President and Congress such reports as are required by this Act containing such findings, conclusions, and recommendations as the Commission shall determine, including proposing organization, coordination, planning, management arrangements, procedures, rules, and regulations. (b) Scope of Investigation.--For purposes of subsection (a)(1), the term ``facts and circumstances'' includes facts and circumstances relating to-- (1) intelligence agencies; (2) law enforcement agencies; (3) diplomacy; (4) immigration, nonimmigrant visas, and border control; (5) the flow of assets to terrorist organizations; (6) commercial aviation; and (7) other areas of the public and private sectors determined relevant by the Commission for its inquiry. SEC. 5. POWERS OF THE COMMISSION. (a) Hearings and Evidence.--The Commission may, for purposes of carrying out this Act-- (1) hold hearings, sit and act at times and places, take testimony, receive evidence, and administer oaths; and (2) require, by subpoena or otherwise, the attendance and testimony of witnesses and the production of books, records, correspondence, memoranda, papers, and documents. (b) Subpoenas.-- (1) Service.--Subpoenas issued under subsection (a)(2) may be served by any person designated by the Commission. (2) Enforcement.-- (A) In general.--In the case of contumacy or failure to obey a subpoena issued under subsection (a)(2), 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 a contempt of that court. (B) Additional enforcement.--Sections 102 through 104 of the Revised Statutes of the United States (2 U.S.C. 192 through 194) shall apply in the case of any failure of any witness to comply with any subpoena or to testify when summoned under authority of this section. (c) Closed Meetings.--Notwithstanding any other provision of law which would require meetings of the Commission to be open to the public, any portion of a meeting of the Commission may be closed to the public if the President determines that such portion is likely to disclose matters that could endanger national security. (d) Contracting.--The Commission may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Commission to discharge its duties under this Act. (e) Information From Federal Agencies.--The Commission may secure directly from any department, agency, or instrumentality of the United States any information related to any inquiry of the Commission conducted under this Act. Each such department, agency, or instrumentality shall, to the extent authorized by law, furnish such information directly to the Commission upon request. (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 are authorized to provide to the Commission such services, funds, facilities, staff, and other support services as they may determine advisable and as may be authorized by law. (g) Gifts.--The Commission may, to such extent and in such amounts as are provided in appropriation Acts, accept, use, and dispose of gifts or donations of services or property. (h) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States. (i) Powers of Subcommittees, Members, and Agents.--Any subcommittee, member, or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. SEC. 6. STAFF OF THE COMMISSION. (a) Director.--The Commission shall have a Director who shall be appointed by the Chairperson and the Vice Chairperson, acting jointly. (b) Staff.--The Chairperson, in consultation with the Vice Chairperson, may appoint additional personnel as may be necessary to enable the Commission to carry out its functions. (c) Applicability of Certain Civil Service Laws.--The Director and staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. Any individual appointed under subsection (a) or (b) shall be treated as an employee for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title. (d) Detailees.--Any Federal Government employee may be detailed to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption. (e) Consultant Services.--The Commission is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. SEC. 7. COMPENSATION AND TRAVEL EXPENSES. (a) Compensation.--Each member of the Commission may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission. (b) Travel Expenses.--While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code. SEC. 8. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF. The appropriate executive departments and agencies shall cooperate with the Commission in expeditiously providing to the Commission members and staff appropriate security clearances in a manner consistent with existing procedures and requirements, except that no person shall be provided with access to classified information under this section who would not otherwise qualify for such security clearance. SEC. 9. REPORTS OF THE COMMISSION; TERMINATION. (a) Initial Report.--Not later than 1 year after the date of the first meeting of the Commission, the Commission shall submit to the President and Congress an initial report containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Commission members. (b) Final Report.--Not later than 6 months after the submission of the initial report of the Commission, the Commission shall submit to the President and Congress a final report containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Commission members. (c) Termination.-- (1) In general.--The Commission, and all the authorities of this Act, shall terminate 60 days after the date on which the final report is submitted under subsection (b). (2) Administrative activities before termination.--The Commission may use the 60-day period referred to in paragraph (1) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its reports and disseminating the second report. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Commission to carry out this Act $3,000,000, to remain available until expended. | Establishes a National Commission on Terrorist Acts Upon the United States. Directs the Commission to: (1) investigate facts and circumstances relating to the September 11, 2001 terrorist attacks; and (2) evaluate lessons learned regarding the abilities of the Federal Government, and, if appropriate, of State and local governments and nongovernmental entities to detect, prevent, and respond to such attacks. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Park Renewal Fund Act''. SEC. 2. FEES. (a) Admission Fees.--Section 4(a) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(a)) is amended as follows: (1) Delete ``fee-free travel areas'' and ``lifetime admission permit'' from the title of this section. (2) In paragraph (a)(1)(A)(i) by striking the first and second sentences and inserting in lieu thereof, ``For admission into any such designated area, an annual admission permit (to be known as the Golden Eagle Passport) shall be available for a fee and under such conditions as to be determined by the Secretary of the Interior and the Secretary of Agriculture.''. (3) In paragraph (a)(1)(B) by striking the second sentence. (4) Delete paragraph (a)(2) in its entirety and insert in lieu thereof: ``Reasonable admission fees for a single visit to any designated unit shall be established by the administering Secretary for persons who choose not to purchase the annual permit. A `single visit' means a continuous stay within a designated unit. Payment of a single visit admission fee shall authorize exits from and reentries to a designated unit for a period to be defined for each designated unit by the administering Secretary based upon a determination of the period of time reasonably and ordinarily necessary for such a single visit.''. (5) In paragraph (a)(3) by inserting the word ``Great'' in the third sentence before ``Smoky''. (6) In paragraph (a)(3) delete the last sentence. (7) Delete paragraph (a)(4) in its entirety and insert in lieu thereof: ``The Secretary of the Interior and the Secretary of Agriculture shall establish procedures for discounted admission fees to any citizen of, or person legally domiciled in, the United States sixty-two years of age or older, such discount to be received upon proof of age. Any such discount will be nontransferable, applied only to the individual qualifying on the basis of age, and given notwithstanding the method of travel. No fees of any kind shall be collected from any persons who have a right of access for hunting or fishing privileges under a specific provision of law or treaty or who are engaged in the conduct of official Federal, State, or local government business.''. (8) Delete paragraph (a)(5) in its entirety and insert in lieu thereof: ``The Secretary of the Interior and the Secretary of Agriculture shall establish procedures providing for the issuance of a lifetime admission permit to any citizen of, or person legally domiciled in, the United States, if such citizen or person applies for such permit and is permanently disabled. Such procedures shall assure that such permit shall be issued only to persons who have been medically determined to be permanently disabled. Such permit shall be nontransferable, shall be issued without charge, and shall entitle the permittee and one accompanying individual to general admission into any area designated pursuant to this subsection, notwithstanding the method of travel.''. (9) In paragraph (a)(6)(A) by striking ``No later than 60 days after December 22, 1987'' and inserting ``No later than six months after enactment'' and striking ``Interior and Insular Affairs'' and inserting ``Resources''. (10) Delete paragraphs (a)(9) and (a)(11) in their entirety. Renumber current paragraph ``(10)'' as ``(9)'' and current paragraph ``(12)'' as ``(10)''. (b) Recreation Fees.--Section 4(b) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(b)) is amended as follows: (1) Delete ``Fees for Golden Age Passport Permittee'' from section title. (2) Delete the following: ``personal collection of the fee by an employee or agent of the Federal agency operating the facility''. (3) Delete ``Any Golden Age Passport permittee, or'' and insert in lieu thereof ``Any''. (c) Criteria, Posting and Uniformity of Fees.--Section 4(d) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(d)) is amended by deleting from the first sentence ``recreation fees charged by non-Federal public agencies,'' and inserting in lieu thereof ``fees charged by other public and private entities,''. (d) Rules and Regulations.--Section 4(e) of the Land and Water Conservation Fund Act of 1965 (16 U.S. C. 460l-6a(e)) is amended by deleting ``of not more than $100.'' and inserting in lieu thereof ``as provided by law.'' (e) Federal and State Laws Unaffected.--Section 4(g) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(g)) is amended by deleting the following in the first sentence ``or fees or charges for commercial or other activities not related to recreation,'' and inserting ``: Provided, however, That in those park areas under partial (if applicable) or exclusive jurisdiction of the United States where State fishing licenses are not required, the National Park Service may charge a fee for fishing.''. (f) Technical Amendments.--Section 4(h) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(h)) is amended-- (1) by striking ``Bureau of Outdoor Recreation'' and inserting in lieu thereof, ``National Park Service''; (2) by striking ``Interior and Insular Affairs of the United States House of Representatives and United States Senate'' and inserting in lieu thereof, ``Resources of the United States House of Representatives and on Energy and Natural Resources of the United States Senate''; and (3) by striking ``Bureau'' and inserting in lieu thereof, ``National Park Service''. (g) Use of Fees.--Section 4(i) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(i)) is amended as follows: (1) After ``(i)'' by inserting ``Use of Fees.--''. (2) In the first sentence of subparagraph (B) by striking ``fee collection costs for that fiscal year'' and inserting in lieu thereof ``fee collection costs for the immediately preceding fiscal year'' and by striking ``section in that fiscal year'' and inserting in lieu thereof ``section in such immediately preceding fiscal year''. (3) In the second sentence of subparagraph (B) by striking ``in that fiscal year''. (4) By adding the following at the end of paragraph (1): ``(C) Notwithstanding subparagraph (A), beginning in fiscal year 1996 and each fiscal year thereafter, all additional fee revenue generated by the National Park Service through enactment of this legislation, as authorized to be collected pursuant to subsection 4 (a) and (b), shall be covered into a special fund established in the Treasury of the United States to be known as the `National Park Renewal Fund'. In fiscal year 1997 and each fiscal year thereafter, the amount of additional fee revenue generated in the immediately preceding fiscal year by the National Park Service through enactment of this legislation shall be available to the Secretary of the Interior, without further provision in appropriations Acts, for infrastructure needs at parks including but not limited to facility refurbishment, repair and replacement, interpretive media and exhibit repair and replacement, and infrastructure projects associated with park resource protection. Such amounts shall remain available until expended. The Secretary shall develop procedures for the use of the fund that ensure accountability and demonstrated results consistent with the purposes of this Act. Beginning the first full fiscal year after the creation of the `National Park Renewal Fund', the Secretary shall submit an annual report to the Congress, on a unit-by-unit basis, detailing the expenditures of such receipts. In fiscal year 1996 only, fees authorized to be collected pursuant to subsections 4 (a) and (b) of this Act may be collected only to the extent provided in advance in appropriations Acts.''. (5) Paragraph (4)(A) is amended by striking ``resource protection, research, and interpretation'' and inserting in lieu thereof ``park operations''. (h) Selling of Permits.--Section 4(k) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(k)) is amended by-- (1) striking ``Selling of Annual Admission Permits by Public and Private Entities Under Arrangements with Collecting Agency Head'' from the title of this section; and (2) deleting the last two sentences, regarding the sale of Golden Eagle Passports, from this section. (i) Charges for Transportation Provided by the National Park Service.--(1) Section 4(l)(1) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(1)) is amended by striking the word ``viewing'' from the section title and inserting in lieu thereof ``visiting''. (2) Section 4(l)(1) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(1)) is amended by deleting the word ``view'' and inserting in lieu thereof ``visit''. (3) Section 4(l)(2) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(1)) is amended by deleting paragraph (2) and inserting in lieu thereof: ``Notwithstanding any other provision of law, the charges imposed under paragraph (1) shall be retained by the unit of the National Park System at which the service was provided. The amount retained shall be expended for costs associated with the transportation systems at the unit where the charge was imposed.''. (j) Commercial Tour Fees.--Section 4 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(n)) is amended by striking section (2) in its entirety and inserting in lieu thereof: ``(2) The Secretary shall establish a flat fee, per entry, for such vehicles. The amount of the said flat fee shall reflect both the commercial tour use fee rate and current admission rates.''. (k) Fees for Special Uses.--Section 4 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a) is amended by adding the following at the end thereof: ``(o) Fees for Commercial Nonrecreational Uses.--Utilizing the criteria established in section 4(d) (16 U.S.C. 460l-6a(d)), the Secretary of the Interior shall establish reasonable fees for non- recurring commercial or non-recreational uses of National Park System units that require special arrangements, including permits. At a minimum, such fees will cover all costs of providing necessary services associated with such use, except that at the Secretary's discretion, the Secretary may waive or reduce such fees in the case of any organization using an area within the National Park System for activities which further the goals of the National Park Service. Receipts from such fees may be retained at the park unit in which the use takes place, and remain available, without further appropriation, to cover the cost of providing such services. The portion of such fee which exceeds the cost of providing necessary services associated with such use shall be deposited into the National Park Renewal Fund.''. (l) Fee Authority.--Section 4 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a) is amended by adding the following new subsection at the end thereof: ``(p) Admission or Recreation Use Fees.--No admission or recreation use fee of any kind shall be charged or imposed for entrance into, or use of, any federally owned area operated and maintained by a Federal agency and used for outdoor recreation purposes, except as provided for by this Act.''. SEC. 3. PROHIBITION OF COMMERCIAL VEHICLES, DELAWARE WATER GAP NATIONAL RECREATION AREA. (a) In General.--Effective at noon on September 30, 2005, the use of Highway 209 within the Delaware Water Gap National Recreation Area by commercial vehicles, when such use is not connected with the operation of the recreation area, is prohibited, except as provided in section (b). (b) Local Business Use Protected.--Subsection (a) does not apply with respect to the use of commercial vehicles to serve businesses located within or in the vicinity of the recreation area, as determined by the Secretary. (c) Conforming Provisions.--(1) Paragraphs (1) through (3) of the third undesignated paragraph under the heading ``administrative provisions'' in chapter VII of title I of Public Law 98-63 (97 Stat. 329), are repealed, effective September 30, 2005. (2) Prior to noon on September 30, 2005, the Secretary shall collect and utilize a commercial use fee from commercial vehicles in accordance with paragraphs (1) through (3) of such third undesignated paragraph. Such fee shall not exceed $25 per trip. SEC. 4. CHALLENGE COST-SHARE AGREEMENTS. (a) Agreements.--The Secretary of the Interior is authorized to negotiate and enter into challenge cost-share agreements with cooperators. For purposes of this section, the term-- (1) ``challenge cost-share agreement'' means any agreement entered into between the Secretary and any cooperator for the purpose of sharing costs or services in carrying out authorized functions and responsibilities of the Secretary with respect to any unit or program of the National Park System (as defined in section 2(a) of the Act of August 8, 1953 (16 U.S.C. 1c(a)), any affiliated area, or designated National Scenic or Historic Trail; and (2) ``cooperator'' means any State or local government, public or private agency, organization, institution, corporation, individual, or other entity. (b) Use of Federal Funds.--In carrying out challenge cost-share agreements, the Secretary is authorized to provide the Federal funding share from any funds available to the National Park Service. SEC. 5. DONATIONS. (a) Requests for Donations.--In addition to the Secretary's other authorities to accept the donation of lands, buildings, other property, services, and moneys for the purposes of the National Park System, the Secretary is authorized to solicit donations of money, property, and services from individuals, corporations, foundations and other potential donors who the Secretary believes would wish to make such donations as an expression of support for the national parks. Such donations may be accepted and used for any authorized purpose or program of the National Park Service, and donations of money shall remain available for expenditure without fiscal year limitation. Any employees of the Department to whom this authority is delegated shall be set forth in the written guidelines issued by the Secretary pursuant to paragraph (d). (b) Employee Participation.--Employees of the National Park Service may solicit donations only if the request is incidental to or in support of, and does not interfere with their primary duty of protecting and administering the parks or administering authorized programs, and only for the purpose of providing a level of resource protection, visitor facilities, or services for health and safety projects, recurring maintenance activities, or for other routine activities normally funded through annual agency appropriations. Such requests must be in accordance with the guidelines issued pursuant to subparagraph (d). (c) Prohibitions.--(1) A donation may not be accepted in exchange for a commitment to the donor on the part of the National Park Service or which attaches conditions inconsistent with applicable laws and regulations or that is conditioned upon or will require the expenditure of appropriated funds that are not available to the Department, or which compromises a criminal or civil position of the United States or any of its departments or agencies or the administrative authority of any agency of the United States. (2) In utilizing the authorities contained in this section employees of the National Park Service shall not directly conduct or execute major fundraising campaigns, but may cooperate with others whom the Secretary may designate to conduct such campaigns on behalf of the National Park Service. (d) Guidance.--(1) The Secretary shall issue written guidelines setting forth those positions to which he has delegated his authority under paragraph (a) and the categories of employees of the National Park Service that are authorized to request donations pursuant to paragraph (b). Such guidelines shall also set forth any limitations on the types of donations that will be requested or accepted as well as the sources of those donations. (2) The Secretary shall publish guidelines which set forth the criteria to be used in determining whether the solicitation or acceptance of contributions of lands, buildings, other property, services, moneys, and other gifts or donations authorized by this section would reflect unfavorably upon the ability of the Department of the Interior or any employee to carry out its responsibilities or official duties in a fair and objective manner, or would compromise the integrity or the appearance of the integrity of its programs or any official involved in those programs. The Secretary shall also issue written guidance on the extent of the cooperation that may be provided by National Park Service employees in any major fundraising campaign which the Secretary has designated others to conduct pursuant to paragraph (c)(2). SEC. 6. COST RECOVERY FOR DAMAGE TO NATIONAL PARK RESOURCES. Public Law 101-337 is amended as follows: (1) In section 1 (16 U.S.C. 19jj), by amending subsection (d) to read as follows: ``(d) `Park system resource' means any living or non-living resource that is located within the boundaries of a unit of the National Park System, except for resources owned by a non-Federal entity.''. (2) In section 1 (16 U.S.C. 19jj) by adding at the end thereof the following: ``(g) `Marine or aquatic park system resource' means any living or nonliving part of a marine or aquatic regimen within or is a living part of a marine or aquatic regimen within the boundaries of a unit of the National Park System, except for resources owned by a non-Federal entity.''. (3) In section 2(b) (16 U.S.C. 19jj-1(b)), by striking ``any park'' and inserting in lieu thereof ``any marine or aquatic park''. | Park Renewal Fund Act - Amends the Land and Water Conservation Act to authorize the sale of annual admission permits to National Park visitors for a fee. Designates the annual park permit the Golden Eagle Passport. Authorizes the Secretary of the Interior and the Secretary of Agriculture to determine the fees and conditions for issuing permits. Authorizes the administering Secretary to charge reasonable admission fees for a single visit for those visitors who choose not to purchase an annual permit. Deletes the provision prohibiting an admission fee at an urban park location which provides significant outdoor recreation opportunities and which has multiple points of access. Directs the Secretary of the Interior and the Secretary of Agriculture to establish procedures for discounted admission fees for U.S. citizens over the age of 62. Provides that the discount shall be nontransferable and given regardless of the method of travel. Requires the Secretary of the Interior and the Secretary of Agriculture to develop procedures to grant persons who have been medically determined to be permanently disabled with a lifetime admission permit to National Parks. Allows one accompanying individual to enter the park with the permittee. Requires the Secretary of the Interior to submit to the Congress within six months of the Act's enactment a report on the entrance fees to be charged at National Parks. Allows admission fees to be charged at the U.S.S. Arizona Memorial, Independence National Historic Park, any unit of the National Park System within the District of Columbia, Arlington House, San Juan National Historic Site, and Canaveral National Seashore. Deletes the provision requiring the Director of each park unit to designate one day during periods of high visitation as a "Fee-Free Day." Allows any National Park permit holder to use specialized recreation facilities at a rate of 50 percent of the established use fee. Requires fees to be comparable to those charged by other public and private entities. Permits persons violating National Park rules or regulations to be fined any amount as provided by law. Authorizes the National Park Service to charge a fee for fishing in areas where State fishing licenses are not required. Authorizes the Secretaries of Agriculture and of the Interior to withhold money from the special account which equals the amount of money spent on fee collection costs for the immediately preceding fiscal year. Directs that the additional revenue generated by the fees shall be used to cover infrastructure needs at the parks. Directs the Secretary to develop procedures for the use of the fund to ensure accountability and demonstrated results. Deletes the provision allowing the head of the fee collecting agency to enter into an agreement with public or private entities to sell annual admission permits. Allows individual units of the National Park System to retain money earned from transporting persons visiting the park. Directs the park to use the money for costs associated with the transportation systems at the unit. Directs the Secretary of the Interior to establish a flat fee for commercial tour vehicles based upon the commercial tour use fee rate and the current admission rates. Requires the Secretary of the Interior to establish reasonable fees for non-recurring commercial or non-recreational uses of National Park System units that require special arrangements. Requires the fees to cover the costs of services provided. Authorizes the individual park unit to keep the portion of the fee necessary to cover the cost of providing services. Requires that any additional funds be deposited into the National Park Renewal Fund. Prohibits fees for the use of any federally owned land except as provided for in this Act. (Sec. 3) Prohibits the use of Highway 209 within the Delaware Water Gap National Recreation Area by commercial vehicles after noon on September 30, 2005. Exempts commercial vehicles serving businesses within the vicinity of the recreation area. (Sec. 4) Authorizes the Secretary of the Interior to enter into challenge cost-share agreements with cooperators. (Sec. 5) Authorizes the Secretary of the Interior to accept, as well as solicit, donations on behalf of the National Park System. Permits employees of the National Park Service to solicit donations in limited circumstances. Instructs the Secretary of the Interior to issue written guidelines regarding the policy of employees soliciting donations. (Sec. 6) Defines "park system resource" to mean any living or non-living resource located within the boundaries of a unit of the National Park System, except for those owned by a non-Federal entity. Describes "marine or aquatic park system resource" as any living or non-living part of a marine or aquatic regimen within, or within the boundaries of, a unit of the National Park System, except for those resources owned by a non-Federal entity. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Defense Counterproliferation Act of 1994''. SEC. 2. DEFINITION. For purposes of this legislation, weapons of mass destruction are considered to include chemical, biological, and nuclear weapons, their associated components and production facilities, and their delivery systems. SEC. 3. PROGRAM TO COUNTER THE PROLIFERATION OF WEAPONS OF MASS DESTRUCTION. (a) Program.--The United States shall establish an integrated program in the Department of Defense to counter potential threats to United States interests that arise from the proliferation of weapons of mass destruction. The program will improve the capabilities of the United States to identify, monitor, and respond to the proliferation of weapons of mass destruction. (b) Management.--The Secretary of Defense shall designate the Deputy Secretary of Defense as the manager for the program referred to in section (3)(a). The Secretary shall prescribe the duties of the Deputy Secretary regarding management of such activities and programs. The duties shall include coordination of counterproliferation activities across all relevant government agencies. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. Funds are authorized to be appropriated for the Department of Defense for fiscal year 1995 for the program referred to in section (3)(a) in the amount of $100,000,000. The amount appropriated pursuant to such authorization of appropriations is authorized to be made available for correcting aspects of such activities and programs that are characterized as shortfalls in the report of the Deputy Secretary of Defense entitled ``Report on Nonproliferation and Counterproliferation Activities and Programs'', dated May 1994. SEC. 5. JOINT COMMITTEE FOR REVIEW OF COUNTERPROLIFERATION PROGRAMS OF THE UNITED STATES. (a) Establishment.--(1) There is hereby established a Counterproliferation Program Review Committee composed of the following members: (A) The Secretary of Defense. (B) The Secretary of State. (C) The Secretary of Energy. (D) The Director of Central Intelligence. (E) The Director of the United States Arms Control and Disarmament Agency. (F) The Chairman of the Joint Chiefs of Staff. (2) The Secretary of Defense shall chair the committee. (3) A member of the committee may designate a representative to perform routinely the duties of the member. A representative shall be in a position of Deputy Assistant Secretary or a position equivalent to or above the level of Deputy Assistant Secretary. A representative of the Chairman of the Joint Chiefs of Staff shall be a person in a grade equivalent to that of Deputy Assistant Secretary of Defense. (4) The Secretary of Defense may delegate to the Deputy Secretary of Defense the performance of the duties of the Chairman of the committee. (5) The members of the committee shall first meet not later than 30 days after the date of the enactment of this Act. Upon designation of working level officials and representatives, the members of the committee shall jointly notify the appropriate committees of Congress that the committee has been constituted. The notification shall identify the representatives designated pursuant to paragraph (3) and the working level officials of the committee. (b) Purposes of the Committee.--The purposes of the committee are-- (1) to optimize funding for, and ensure the development and deployment of highly effective technologies and capabilities for the counterproliferation of weapons of mass destruction; and (2) to identify and eliminate undesirable redundancies or uncoordinated efforts in the development and deployment of such technologies and capabilities. (c) Duties.--The committee shall-- (1) identify and review existing and proposed capabilities and technologies for support of United States counterproliferation policy with regard to-- (A) intelligence; (B) battlefield surveillance; (C) passive defenses; (D) active defenses; and (E) counterforce capabilities; (2) as part of the review pursuant to paragraph (1), identify deficiencies in existing capabilities and technologies; (3) formulate near-term, mid-term, and long-term programmatic options for meeting requirements established by the committee and eliminating deficiencies identified by the committee; and (4) in carrying out the other duties of the committee, ensure that all types of counterproliferation actions are considered. (d) Access to Information.--The committee shall have access to information on all programs, projects, and activities of the Department of Defense, the Department of State, the Department of Energy, the intelligence community, and the Arms Control and Disarmament Agency that are pertinent to the purposes and duties of the committee. (e) Budget Recommendations.--The committee may submit to the officials referred to in subsection (a) any recommendation regarding existing or planned budgets as the committee considers appropriate to encourage funding for capabilities and technologies at the level necessary to support United States counterproliferation policy. | Defense Counterproliferation Act of 1994 - Directs the United States to establish an integrated program in the Department of Defense (DOD) to counter potential threats to U.S. interests that arise from the proliferation of weapons of mass destruction (chemical, biological, and nuclear weapons, as well as their associated components, facilities, and delivery systems). Directs the Secretary of Defense to designate the Deputy Secretary of Defense as program manager. Authorizes funds from DOD's FY 1995 appropriations for the program. Establishes a Counterproliferation Program Review Committee to: (1) optimize funding for, and ensure the development and deployment of, highly effective technologies and capabilities for the counterproliferation of such weapons; and (2) identify and eliminate undesirable redundancies or uncoordinated efforts in the development and deployment of such technologies and capabilities. Provides for Committee access to all appropriate information. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Smartphone Theft Prevention Act of 2015''. SEC. 2. FINDINGS. Congress finds that-- (1) mobile device theft costs consumers billions of dollars each year, according to the Federal Communications Commission; (2) 1 in 3 robberies include the theft of a mobile device; (3) carriers, manufacturers, law enforcement, the Federal Communications Commission, and State governments have worked to address the growing trend of mobile device theft, but more remains to be done; (4) consumers deserve to have the most secure technology available to protect them and their information; (5) technological protections continue to develop, evolve, and improve in ways that are good for the economy and the consumers of the United States, and for public safety in the United States; (6) the wireless industry should work with law enforcement to educate consumers about the security tools that are available to them and how to keep their data, their devices, and themselves safe; (7) because engineering and security needs change rapidly, the mobile device industry, law enforcement, and consumer advocates are best suited to proactively develop solutions to protect consumers, drive innovation, and deter theft; and (8) major cities such as San Francisco, New York, and London have seen recent decreases in smartphone theft since carriers and manufacturers began rolling out sophisticated new technological functions to protect consumers from theft. SEC. 3. FUNCTION FOR STOLEN SMARTPHONES. (a) In General.--Part I of title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.) is amended by adding at the end the following: ``SEC. 343. FUNCTION FOR STOLEN SMARTPHONES. ``(a) Definitions.-- ``(1) In general.--In this section-- ``(A) the term `account holder', with respect to a smartphone-- ``(i) means the person who holds the account through which commercial mobile service or commercial mobile data service is provided on the smartphone; and ``(ii) includes a person authorized by the person described in clause (i) to take actions with respect to the smartphone; ``(B) the term `commercial mobile data service' has the meaning given the term in section 6001 of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1401); ``(C) the term `commercial mobile service' has the meaning given the term in section 332; and ``(D) the term `smartphone' means a cellular radio telephone or other mobile voice communications handset device-- ``(i) on which commercial mobile service or commercial mobile data service is provided; and ``(ii) that-- ``(I) utilizes a mobile operating system; ``(II) possesses advanced data capabilities, including software applications, Internet access, digital voice services, email, and text messaging; ``(III) has wireless network connectivity; and ``(IV) is capable of operating on a long-term evolution network. ``(2) FCC authority to modify definition of `smartphone'.-- The Commission may modify the definition of the term `smartphone' under paragraph (1) if the Commission determines that circumstances require such a modification. ``(b) Requirements.-- ``(1) Function.-- ``(A) In general.--A provider of commercial mobile service or commercial mobile data service on a smartphone, in coordination with the manufacturer of, and the provider of the operating system for, the smartphone, shall-- ``(i) make available on the smartphone a function described in subparagraph (B); and ``(ii) ensure that-- ``(I) during the initial device setup process, the smartphone prompts the account holder to enable the function described in subparagraph (B); and ``(II) only the account holder is able to opt out of enabling the function described in subparagraph (B). ``(B) Function details.--A function described in this subparagraph, with respect to a smartphone, is a function that-- ``(i) may only be used by the account holder; and ``(ii) includes the capability to remotely-- ``(I) delete or render inaccessible from the smartphone all information relating to the account holder that has been placed on the smartphone; ``(II) render the smartphone inoperable on the network of any provider of commercial mobile service or commercial mobile data service globally; ``(III) prevent the smartphone from being reactivated or reprogrammed without a passcode or similar authorization after the smartphone has been-- ``(aa) rendered inoperable as described in subclause (II); or ``(bb) subject to an unauthorized factory reset; and ``(IV) restore personal information from the smartphone onto a compatible or interoperable device. ``(2) Device standards.--A person may not manufacture in the United States, or import into the United States for sale or resale to the public, a smartphone unless the smartphone is configured in such a manner that the provider of commercial mobile service or commercial mobile data service on the smartphone is able to comply with the requirements under paragraph (1). ``(3) Exemptions for functionally equivalent technology.-- ``(A) Mobile service providers.--The Commission may exempt a provider of commercial mobile service or commercial mobile data service on a smartphone, and the manufacturer of, and provider of the operating system for, the smartphone, from the requirement under paragraph (1) with respect to that smartphone if the service provider, in coordination with the manufacturer and operating system provider, makes available on the smartphone technology that accomplishes the functional equivalent of the function, initial prompt, and ability to opt out required under paragraph (1)(A). ``(B) Manufacturers and importers.--The Commission may exempt a person from the requirement under paragraph (2)(A), with respect to a smartphone that the person manufactures in the United States or imports into the United States for sale or resale to the public, if the smartphone is configured in such a manner that the provider of commercial mobile service or commercial mobile data service on the smartphone may make available on the smartphone technology that accomplishes the functional equivalent of the function, initial prompt, and ability to opt out required under paragraph (1)(A). ``(c) No Fee.--A provider of commercial mobile service or commercial mobile data service on a smartphone may not charge the account holder any fee for making the function, initial prompt, and ability to opt out required under subsection (b)(1)(A), or any equivalent technology described in subsection (b)(3)(A), available to the account holder. ``(d) Forfeiture Penalty.-- ``(1) In general.--Any person that is determined by the Commission, in accordance with paragraphs (3) and (4) of section 503(b), to have violated subsection (b) or (c) of this section, including a manufacturer or operating system provider that violates the requirement to coordinate with a service provider under subsection (b)(1)(A), shall be liable to the United States for a forfeiture penalty, in an amount to be determined by the Commission. ``(2) Other penalties.--A forfeiture penalty under this subsection shall be in addition to any other penalty provided for in this Act. ``(e) Common National Framework.--The Commission shall establish a common national framework for smartphone anti-theft measures that takes into consideration the interest of all stakeholders for the purpose of promoting national uniformity of the function, initial prompt, and ability to opt out required under subsection (b)(1)(A), or functionally equivalent technology described in subsection (b)(3)(A), to protect consumers from the theft of smartphones. ``(f) Tablets.-- ``(1) Commission determination.--Not later than 180 days after the date of enactment of the Smartphone Theft Prevention Act of 2015, the Commission shall determine whether this section should apply with respect to tablets on which commercial mobile service or commercial mobile data service is provided. ``(2) Regulations.--If the Commission determines that this section should apply with respect to tablets described in paragraph (1), the Commission shall promulgate regulations to implement that determination. ``(g) Rule of Construction.--Nothing in this section shall be construed to prohibit a manufacturer of smartphones, or a provider of commercial mobile service or commercial mobile data service, from taking actions not described in this section to protect consumers from the theft of smartphones. ``(h) Relationship to State Law.--Nothing in this section shall be construed to preempt any provision of State law that provides protections to users of smartphones (or tablets, if applicable) that are at least as strong as the protections provided under this section.''. (b) Applicability of Function Requirement.-- (1) Definition.--In this subsection, the term ``smartphone'' has the meaning given the term in section 343 of the Communications Act of 1934, as added by subsection (a). (2) Applicability.--Except as provided in paragraph (3), section 343 of the Communications Act of 1934, as added by subsection (a), shall apply with respect to any smartphone that, on or after January 1, 2016, is-- (A) manufactured in the United States; or (B) imported into the United States for sale to the public. (3) Compliance extensions.--The Federal Communications Commission may exempt a person that is subject to any requirement under section 343(b) of the Communications Act of 1934, as added by subsection (a), from that requirement for a temporary period after the date described in paragraph (2) of this subsection, upon a showing by the person that the person requires more time to be able to comply with the requirement. | Smartphone Theft Prevention Act of 2015 Amends the Communications Act of 1934 to require commercial mobile service providers to make available on smartphones, in coordination with smartphone manufacturers and operating system providers, a function that an account holder may use remotely to: (1) delete or render inaccessible all information on the smartphone relating to the account holder, (2) render the smartphone inoperable on the global networks of such service providers, (3) prevent reactivation or reprogramming without a passcode or similar authorization after the smartphone has been rendered inoperable or has been subject to an unauthorized factory reset, and (4) restore personal information from the smartphone onto a compatible or interoperable device. Requires service providers to ensure that smartphones: (1) prompt the account holder to enable such functions during the initial setup process, and (2) allow only the account holder to opt out. Prohibits a smartphone from being manufactured in the United States or imported into the United States for sale or resale to the public, unless the smartphone is configured in such a manner that a service provider may comply with such functionality requirements. Prohibits service providers from charging a fee for making available such functions, the initial prompt, and the ability to opt out. Directs the Federal Communications Commission (FCC) to establish a common national framework for smartphone anti-theft measures to protect consumers. Requires the FCC to determine whether this Act should apply to tablets with commercial mobile services. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Computer Science for All Act of 2016''. SEC. 2. FINDINGS. Congress finds that: (1) Computer science is transforming industry, creating new fields of commerce, driving innovation, and bolstering productivity. (2) There are more than 550,000 technology jobs unfilled in the United States as of May of 2016. It is projected that there will be 1,400,000 new jobs in the technology sector by 2020; however, 70 percent of those jobs will be unfulfilled at the rate American universities are producing qualified graduates. (3) Knowledge of computer science and use of technology is increasingly essential for all individuals, not just those working or planning to work in the technology sector. (4) Providing students with computer science education in elementary school and secondary school is critical for student success, and strengthening the workforce of a 21st century economy. (5) While an estimated 90 percent of parents want computer science taught in their children's schools, just 25 percent of all elementary schools and secondary schools offer high-quality computer science instruction that includes programming and coding. (6) African-Americans, Latinos, Native Americans, and Pacific Islanders are disproportionately underrepresented in the technology sector. For example, African-Americans and Latinos make up 27 percent of the United States workforce, but make up only 13.8 percent of the science and engineering workforce, and only 11 percent of computer science professionals. (7) While underrepresented minority students overall face an opportunity gap in STEAM education, women of color particularly face an achievement gap in science and engineering education. In 2012, while women received 48.8 percent of all bachelor's degrees in science and engineering majors, women of color received only 15.7 percent (Black: 5.3 percent; Latino: 5.5 percent; Native American or Alaska Native: 0.3 percent, and Asian or Pacific Islander: 4.6 percent). (8) Women overall face challenges in accessing computer science education. Only 18 percent of all bachelor's degrees awarded in computer science in 2012 went to women, and women of color received only 6.6 percent (Black: 3.0 percent; Latino: 1.7 percent; Native American or Alaska Native: 0.1 percent, and Asian or Pacific Islander: 1.8 percent). (9) Disparities in enrollment and academic achievement start early. In 2015, only 22 percent of students taking the AP Computer Science exam were women, and just 13 percent were African-American or Latino. (10) Nationwide, only 184 Native American students took the AP Computer Science exam in 2015. This means that while Native Americans make up about 1.1 percent of the U.S. student population, they made up less than half a percent of students who took AP Computer Science exams in 2015. SEC. 3. DEFINITIONS. In this Act: (1) Computational thinking.--The term ``computational thinking'' aims to capture the wide range of creative processes that go into formulating problems and their solutions in such a way that the solutions can be carried out by a computer, and may involve some understanding of software and hardware design, logic and the use of abstraction and representation, algorithm design, algorithm expression, problem decomposition, modularity, programming paradigms and languages, issues of information security and privacy, the application of computation across a wide range of disciplines, and the societal impact of computing. Programming is a hands-on, inquiry-based way in which computational thinking may be learned. (2) Computer science education.--The term ``computer science education'' includes any of the following: computational thinking; software design; hardware architecture and organization; theoretical foundations; use of abstraction and representation in problem solving; logic; algorithm design and implementation; the limits of computation; programming paradigms and languages; parallel and distributed computing; information security and privacy; computing systems and networks; graphics and visualization; databases and information retrieval; the relationship between computing and mathematics; artificial intelligence; applications of computing across a broad range of disciplines and problems; and the social impacts and professional practices of computing. (3) Eligible tribal school.--The term ``eligible Tribal school'' means-- (A) a school operated by the Bureau of Indian Education; (B) a school operated pursuant to the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450 et seq.); or (C) a tribally controlled school (as defined in section 5212 of the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2511)). (4) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (5) Local educational agency.--The term ``local educational agency'' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8101). (6) Poverty line.--The term ``poverty line'' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8101). (7) Secretary.--The term ``Secretary'' means the Secretary of Education. (8) Steam.--The term ``STEAM'' means the subjects of science, technology, engineering, arts, and mathematics, including computer science. SEC. 4. GRANTS TO STATES, LOCAL EDUCATIONAL AGENCIES, AND ELIGIBLE TRIBAL SCHOOLS. (a) Grants to States, Local Educational Agencies, and Eligible Tribal Schools.-- (1) In general.--The Secretary shall award grants to States, local educational agencies, and eligible Tribal schools-- (A) that demonstrate an ability to carry out an ambitious computer science education expansion effort for all students served by the State, agency, or school, including traditionally underrepresented students; and (B) to serve as models for national replication of computer science education expansion efforts. (2) Consortia and partnerships.--A State, local educational agency, or eligible Tribal school may apply for a grant under this section as part of a consortium or in partnership with a State educational agency or other partner. (3) Duration.--Grants awarded under this section shall be for a period of not more than 5 years. (b) Application Requirements.--A State, local educational agency, or eligible Tribal school that desires a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including, at a minimum, plans for the following: (1) Every high school student served by the State, local educational agency, or eligible Tribal school to have access to computer science education not later than 5 years after receipt of grant funds. (2) All students served by the State, local educational agency, or eligible Tribal school to have access to a progression of computer science education from prekindergarten through middle school that prepares students for high school computer science education. (3) Expansion of overall access to rigorous STEAM classes, utilizing computer science as a catalyst for increased interest in STEAM more broadly, and reducing the enrollment and academic achievement gap for underrepresented groups such as minorities, girls, and youth from families living at, or below, the poverty line. (4) Continuous monitoring and evaluation of project activities. (5) Effectively sustaining project activities after the grant period ends, and the length of time which the applicant plans to sustain the project activities. (c) Use of Grant Funds.-- (1) Required activities.--A State, local educational agency, or eligible Tribal school that receives a grant under this section shall use the grant funds for the following activities: (A) Training teachers to teach computer science. (B) Expanding access to high-quality learning materials and online learning options. (C) Creating plans for expanding overall access to rigorous STEAM classes, utilizing computer science as a catalyst for increased interest in STEAM more broadly, and reducing course equity gaps for all students, including underrepresented groups such as minorities, girls, and youth from low-income families. (D) Ensuring additional support and resources, which may include mentoring for students traditionally underrepresented in STEAM fields. (2) Permissible activities.--A State, local educational agency, or eligible Tribal school that receives a grant under this section may use the grant funds for the following activities: (A) Building effective regional collaborations with industry, nonprofit organizations, 2-year and 4-year degree granting institutions of higher education (including community colleges, Historically Black Colleges and Universities, Hispanic-serving institutions, Asian American and Native American Pacific Islander-serving institutions, American Indian Tribally controlled colleges and universities, Alaska Native and Native Hawaiian-serving institutions, Predominantly Black Institutions, Native American- serving, Nontribal institutions, and other minority- serving institutions), and out-of-school providers. (B) Recruiting and hiring instructional personnel as needed, including curriculum specialists. (C) Preparations for effectively sustaining project activities after the grant period ends. (D) Disseminating information about effective practices. (3) Limitation.--Not more than 15 percent of a grant may be used to purchase equipment. (d) National Activities.--The Secretary may reserve not more than 2.5 percent of funds available for grants under this section for national activities, including technical assistance, evaluation, and dissemination. (e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $250,000,000. SEC. 5. REPORTING REQUIREMENTS. (a) Grantee Reports.--Each State, local educational agency, and eligible Tribal school that receives a grant under this Act shall submit to the Secretary a report, not less than twice a year during the grant period, on the use of grant funds that shall include data on the numbers of students served through activities funded under this Act, disaggregated by race (for Asian and Native Hawaiian or Pacific Islander students using the same race response categories as the decennial census of the population), ethnicity, gender, and eligibility to receive a free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.). (b) Report by the Secretary.--Not later than 5 years after the first grant is awarded under this Act, the Secretary shall submit to Congress a report based on the analysis of reports received under subsection (a) with a recommendation on how to expand the program under this Act. | Computer Science for All Act of 2016 This bill establishes a program through which the Department of Education (ED) shall award grants to states, local educational agencies, and eligible tribal schools to serve as models for national replication of computer education expansion efforts. A grant application shall include specified plans that demonstrate the applicant's ability to carry out an ambitious expansion effort for all students, including traditionally underrepresented students. A grant recipient shall use the grant funds to: train teachers to teach computer science; expand access to high-quality learning materials and online learning options; create plans for expanding overall access to science, technology, engineering, arts, and mathematics (STEAM) classes; utilize computer science as a catalyst for increased interest in STEAM more broadly; reduce course equity gaps for all students; and ensure additional support and resources. A grantee may also use grant funds to: build effective regional collaborations, recruit and hire instructional personnel, prepare for effectively sustaining project activities after the grant period ends, and disseminate information about effective practices. At least semi-annually, a grantee must report to ED on specified data related to the number of students served through program activities. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Forest Service Cost Reduction and Efficiency Demonstration Act of 1997''. SEC. 2. FINDINGS. Congress finds the following: (1) Budgetary reductions and project delays caused by litigation have reduced certain levels of accomplishments and resource outputs by the Forest Service in recent years, with the result that many targets and goals of land and resource management plans that were developed with years of public and scientific input are not being met. (2) Certain staffing levels of the Forest Service have been reduced in recent years, but not to the extent that related accomplishments and resource outputs have been reduced. (3) Per unit costs and overhead of the Forest Service are rising substantially. (4) Staffing reductions and retirements have cost the Forest Service substantial expertise in certain technical and scientific disciplines. (5) Technical and scientific expertise relevant to Forest Service needs is available in the private sector. (6) Contractor performance of certain tasks would be less costly than performing those tasks using Forest Service personnel, would free agency personnel to devote their time to necessary tasks now being left undone, and would provide the Forest Service with the ability to maintain an on-demand skilled workforce to meet changing demands on public lands. SEC. 3. PURPOSE. The purpose of this Act is to implement Government reform, reduce costs, and increase efficiency in the Forest Service, which has been designated as a reinvention laboratory by the Vice President, and to demonstrate that contractor performance of certain Forest Service tasks can lower the cost, improve the efficiency, and increase the accomplishment of tasks necessary to achieve the targets, goals, and desired forest conditions established by final land and resource management plans developed as required by section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604). SEC. 4. CONTRACTOR PERFORMANCE OF CERTAIN FOREST SERVICE TASKS. (a) Establishment of National Forest System Efficiency Fund.--There is established in the Office of the Secretary of Agriculture a fund to be known as the ``National Forest System Efficiency Fund'', which shall be available to the Secretary as provided in this section. The Fund shall consist of one percent of the amount appropriated for the National Forest System account of the Forest Service budget for each of the next three fiscal years beginning after the date of the enactment of this Act. No other funds are authorized to be appropriated to carry out this section. (b) Duration of Fund.--Amounts in the Fund are available for obligation during the three fiscal years referred to in subsection (a) and are available for expenditure until all obligations incurred under this section are paid. (c) Use of Fund for Contractor Performance.--Amounts in the Fund are available for obligation by units of the National Forest System to pay for the contractor performance of tasks related to the planning and implementation of programs and projects in the National Forest System. The total amount expended shall be distributed among the various resource fields in approximately the same proportions as the total National Forest System budget is distributed to the resource fields in appropriation Acts. (d) Application and Approval Process.--The Secretary of Agriculture shall provide for an efficient and timely system of application for, and approval of, the use of amounts in the Fund for the purpose specified in subsection (c). The Secretary may designate particular units of the National Forest System as special demonstration units for purposes of this section. (e) Exemption From Contracting Requirements for Small Contracts.-- In the case of a contract under $50,000 to be entered into under this section using amounts in the Fund, the preparation, solicitation, and award of the contract shall be exempt from-- (1) the requirements of the Competition in Contracting Act (41 U.S.C. 253 et seq.) and the implementing regulations in the Federal Acquisition Regulation issued pursuant to section 25(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 421(c)) and any departmental acquisition regulations; and (2) the notice and publication requirements in section 18 of such Act (41 U.S.C. 416) and section 8(e) of the Small Business Act (15 U.S.C. 637(e)) and the implementing regulations in the Federal Acquisition Regulations and any departmental acquisition regulations. (f) Administrative Expenses.--A unit of the National Forest System entering into a contract under this section shall be permitted to receive from the Fund for credit to the unit's account for unit administration and overhead directly related to the contract an amount equal to not more than 20 percent of the contract price. (g) Use of Fund by Regional and National Offices.--Not more than five percent annually of amounts in the Fund may be used in connection with contracts entered into by regional offices of the Forest Service. None of the amounts in the Fund may be used in connection with contracts entered into by the national office of the Forest Service. (h) Retention of Decisionmaking Following Public Input.--Tasks related to planning and implementation of programs and projects requiring public input prior to decisionmaking may be contracted out in accordance with this section, except that the Secretary of Agriculture shall ensure that final consideration of public input and decisionmaking following that consideration is made by an appropriate officer of the Forest Service. (i) Reports to Congress.--Not later than six months after the end of each fiscal year during which amounts are expended from the Fund, the Secretary of Agriculture shall submit to Congress a report on the tasks undertaken during the preceding fiscal year pursuant to contracts entered into under this section. The report shall include information on costs saved as a result of using private contractors and the additional accomplishments of Forest Service employees during the time saved by using private contractors and recommendations for further expansion of the authority provided by this section. (j) Other Contracting Authorities.--This section shall not be construed as in any way eliminating, restricting, or replacing any other authority for the Secretary of Agriculture to contract out any tasks of the Forest Service. The Secretary shall continue to make use of other available contracting authority, including the use of expedited fire contracting procedures. | Forest Service Cost Reduction and Efficiency Demonstration Act of 1997 - Establishes in the Office of the Secretary of Agriculture the National Forest System Efficiency Fund which shall be used to pay for Forest System contractor performance work. Authorizes the Secretary to designate particular Forest System demonstration units. Exempts certain small contracts from specified contracting requirements. Authorizes a specified percentage of annual appropriations for use by regional Forest Service offices. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``First Flight Commemorative Coin Act''. SEC. 2. COIN SPECIFICATIONS. (a) Denominations.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $10 gold coins.--Not more than 100,000 $10 coins, each of which shall-- (A) weigh 16.718 grams; (B) have a diameter of 1.06 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins.--Not more than 500,000 $1 coins, each of which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (3) Half dollar clad coins.--Not more than 750,000 half dollar coins each of which shall-- (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half dollar coins contained in section 5112(b) of title 31, United States Code. (b) Reduced Amounts.--If the Secretary determines that there is clear evidence of insufficient public demand for coins minted under this Act, the Secretary of the Treasury may reduce the maximum amounts specified in paragraphs (1), (2), and (3) of subsection (a). (c) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. SEC. 3. SOURCE OF BULLION. The Secretary shall obtain gold and silver for minting coins under this Act pursuant to the authority of the Secretary under other provisions of law, including authority relating to the use of silver stockpiles established under the Strategic and Critical Materials Stockpiling Act, as applicable. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the first flight of Orville and Wilbur Wright in Kitty Hawk, North Carolina, on December 17, 1903. (2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2003''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the Board of Directors of the First Flight Foundation and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. SEC. 5. PERIOD FOR ISSUANCE OF COINS. (a) In General.--Except as provided in subsection (b), the Secretary may issue coins minted under this Act only during the period beginning on August 1, 2003, and ending on July 31, 2004. (b) Exception.--If the Secretary determines that there is sufficient public demand for the coins minted under section 2(a)(3), the Secretary may extend the period of issuance under subsection (a) for a period of 5 years with respect to those coins. SEC. 6. SALE OF COIN. (a) Sale Price.--The coins issued under the Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in subsection (d) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. (d) Surcharge.--All sales shall include a surcharge of-- (1) $35 per coin for the $10 coin; (2) $10 per coin for the $1 coin; and (3) $1 per coin for the half dollar coin. (c) Marketing Expenses.--The Secretary shall ensure that-- (1) a plan is established for marketing the coins minted under this Act; and (2) adequate funds are made available to cover the costs of carrying out that marketing plan. SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS. (a) In General.--Except as provided in subsection (b), no provision of law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out the provisions of this Act. (b) Equal Employment Opportunity.--Subsection (a) shall not relieve any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity. SEC. 8. DISTRIBUTION OF SURCHARGES. (a) In General.--All surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the First Flight Foundation for the purposes of-- (1) repairing, refurbishing, and maintaining the Wright Brothers Monument on the Outer Banks of North Carolina; and (2) expanding (or, if necessary, replacing) and maintaining the visitor center and other facilities at the Wright Brothers National Memorial Park on the Outer Banks of North Carolina, including providing educational programs and exhibits for visitors. (b) Audits.--The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of the First Flight Foundation as may be related to the expenditures of amounts paid under subsection (a). SEC. 9. FINANCIAL ASSURANCES. The Secretary shall take such actions as may be necessary to ensure that minting and issuing coins under this Act will not result in any net cost to the United States Government. SEC. 10. EFFECTIVE DATE. None of the provisions of this Act shall take effect until January 1, 1998. | First Flight Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue, between certain dates, up to specified numbers of the following coins emblematic of the first flight of Orville and Wilbur Wright in Kitty Hawk, North Carolina, on December 17, 1903: (1) ten-dollar gold coins; (2) one-dollar silver coins; and (3) half-dollar clad coins. Requires the Secretary to select the coin design after consultation with the Board of Directors of the First Flight Foundation and the Commission of Fine Arts, subject to review by the Citizens Commemorative Coin Advisory Committee. Mandates prompt payment of all coin sales surcharges to the First Flight Foundation for the: (1) Wright Brothers Monument; and (2) facilities at the Wright Brothers National Memorial Park. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Check Cashing Consumer Protection Act of 1994''. SEC. 2. UNIFORM STATE LICENSING AND REGULATION OF CHECK CASHING SERVICES. (a) Uniform Laws and Enforcement.--For purposes of protecting the consumers of check cashing services from fraud and abuse, it is the sense of the Congress that the several States should-- (1) establish uniform laws for licensing and regulating businesses which-- (A) provide check cashing services, transmit money, or issue or redeem money orders, travelers' checks, and other similar instruments; and (B) are not depository institutions (as defined in section 19(b)(1)(A) of the Federal Reserve Act); and (2) provide sufficient resources to the appropriate State agency to enforce such laws and regulations prescribed pursuant to such laws. (b) Model Statute.--It is the sense of the Congress that the several States should develop, through the auspices of the National Conference of Commissioners on Uniform State Laws, the American Law Institute, or such other forum as the States may determine to be appropriate, a model statute to carry out the goals described in subsection (a) which would include the following: (1) Licensing requirements.--A requirement that any issuer, redeemer, or cashier of travelers' checks, checks, money orders, or similar instruments, and any transmitter of money, other than a depository institution (as defined in section 19(b)(1)(A) of the Federal Reserve Act), be licensed and regulated by an appropriate State agency in order to engage in any such activity within the State. (2) Licensing standards.--A requirement that-- (A) in order for any issuer, redeemer, or cashier of travelers' checks, checks, money orders, or similar instruments, and any transmitter of money to be licensed in the State, the appropriate State agency shall review and approve-- (i) the business record and the capital adequacy of the business seeking the license; and (ii) the competence, experience, integrity, and financial ability of any individual who-- (I) is a director, officer, or supervisory employee of such business; or (II) owns or controls such business; (B) as a condition for the issuance and continued validity of the license the business may not impose, charge, or collect any fee for cashing or redeeming any travelers' check, check, money order or similar instrument in excess of the amount which is equal to the greater of-- (i) an amount equal to 1.5 percent of the face amount of such check or money order (not to exceed $8); or (ii) 50 cents; and (C) any record, on the part of any business seeking the license or any person referred to in subparagraph (A)(ii), of-- (i) any criminal activity; (ii) any fraud or other act of personal dishonesty; (iii) any act, omission, or practice which constitutes a breach of a fiduciary duty; or (iv) any suspension or removal, by any agency or department of the United States or any State, from participation in the conduct of any federally or State licensed or regulated business, be grounds for the denial of any such license by the appropriate State agency. (3) Procedures to ensure compliance with federal cash transaction reporting requirements.--A civil or criminal penalty for operating any business referred to in paragraph (1) without establishing and complying with appropriate procedures to ensure compliance with subchapter II of chapter 53 of title 31, United States Code (relating to records and reports on monetary instruments transactions). (4) Criminal penalties for operation of business without a license.--A criminal penalty for operating, within the State, any business referred to in paragraph (1) after the effective date of the model statute without a license issued by the State. (c) Study Required.--The Secretary of the Treasury shall conduct a study of-- (1) the progress made by the several States in developing and enacting a model statute which-- (A) meets the requirements of subsection (b); and (B) furthers the goals of-- (i) preventing money laundering by businesses which are required to be licensed under any such statute; and (ii) protecting the payment system, including the receipt, payment, collection, and clearing of checks, from fraud and abuse by such businesses; and (2) the adequacy of-- (A) the activity of the several States in enforcing the requirements of such statute; and (B) the resources made available to the appropriate State agencies for such enforcement activity. (d) Report Required.--Before the end of the 3-year period beginning on the date of the enactment of this Act and by the end of each 1-year period beginning after the end of such period, the Secretary of the Treasury shall submit a report to the Congress containing the findings and recommendations of the Secretary in connection with the study under subsection (c), together with such recommendations for legislative and administrative action as the Secretary may determine to be appropriate, including any recommendation pursuant to subsection (e). (e) Recommendations for Incentives or Sanctions in Cases of Inadequate Regulation and Enforcement by States.--If the Secretary of the Treasury determines that any State has failed-- (1) to enact a statute which meets the requirements described in subsection (b); (2) to undertake adequate activity to enforce such statute; or (3) to make adequate resources available to the appropriate State agency for such enforcement activity, the report submitted pursuant to subsection (d) shall contain recommendations for legislation establishing incentives which may be provided or sanctions which may be imposed to remedy such failure. | Check Cashing Consumer Protection Act of 1994 - Expresses the sense of the Congress that States should: (1) establish uniform laws for licensing and regulating businesses which are not depository institutions and which provide check cashing services, transmit money, or issue or redeem money orders, travelers' checks, and similar instruments; and (2) provide sufficient resources to the appropriate State agency to enforce such laws and regulations. Asks the States to develop a model statute which includes, with respect to such businesses: (1) licensing requirements and standards; (2) procedures to ensure compliance with Federal cash transaction reporting requirements; and (3) criminal penalties for operation of such a business without a license. Directs the Secretary of the Treasury to study and report to the Congress on the States' progress in developing and enacting a model statute meeting appropriate requirements and recommendations for appropriate legislative and administrative action, including possible incentives or sanctions for States failing to enact an appropriate model statute or failing to enforce such statute. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Telecommunications Policy Coordination Act of 1995''. SEC. 2. DEFINITIONS. For purposes of this Act: (1) The term ``Committee'' means the Advisory Committee on Telecommunications Policy established under section 10. (2) The term ``Office'' means the Office of Telecommunications Policy established in section 3. (3) The term ``Deputy Director'' means the Deputy Director of the Office appointed under section 5(b). (4) The term ``Director'' means the Director of the Office appointed under section 5(a). SEC. 3. ESTABLISHMENT. There is hereby established in the Executive Office of the President the Office of Telecommunications Policy. SEC. 4. FUNCTIONS. (a) In General.--The Office, acting through the Director, shall-- (1) take such action as may be necessary to provide for the preparation of national telecommunications policy options; (2) serve as the principal advisor to the President in matters relating to telecommunications issues and policies; (3) act as the arbiter of disputes and differences which may arise between or among Government agencies in connection with the development and implementation of national telecommunications policies; (4) communicate the views of Government agencies, as well as the views of the President, with respect to telecommunications matters to the Federal Communications Commission, and communicate the views of the President and Government agencies (other than the Commission) to the Congress; (5) monitor the development of new telecommunications technologies, study the effects of new telecommunications facilities, services, and systems, and make recommendations to the President and to the Congress with respect to the introduction of new technologies into the national economy; and (6) perform such other functions vested in the President relating to telecommunications as the President may delegate to the Office. (b) Effect on FCC Authority.--The authority of the Office under this Act shall not affect the authority of the Federal Communications Commission under the Communications Act of 1934 or the Satellite Communications Act of 1962. (c) Presidential Regulations.--The functions of the Office under subsection (a) (3) and (4), and the corresponding obligations of other agencies affected thereunder, shall be in accordance with regulations which the President shall prescribe. SEC. 5. DIRECTOR AND STAFF; ORGANIZATION OF OFFICE. (a) Director.--The head of the Office shall be the Director, who shall be appointed by the President, by and with the advice and consent of the Senate. The Director shall be paid at a rate equal to the rate of basic pay which is payable from time to time for level II of the Executive Schedule under section 5313 of title 5, United States Code. (b) Deputy Director.--The Office shall have a Deputy Director, who shall be appointed by the President, by and with the advice and consent of the Senate. The Deputy Director shall be paid at a rate equal to the rate of basic pay which is payable from time to time for level IV of the Executive Schedule under section 5315 of title 5, United States Code. The Deputy Director shall perform such duties and exercise such powers as the Director may prescribe. The Deputy Director shall act for, and exercise the powers of, the Director during any absence or disability of the Director or during any vacancy in the office of Director. (c) Staff.--(1)(A) The Director may appoint not more than two full- time professional staff members who shall perform such duties as the Director may direct. The Deputy Director may appoint not more than one such staff member who shall perform such duties as the Deputy Director may direct. (B) The appointments specified in subparagraph (A) may be made without regard to the provisions of title 5, United States Code, governing appointments in the competitive service. Such staff member may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification and General Schedule pay rates. The Director may fix the compensation of not more than one such staff member at a rate not in excess of the maximum rate payable from time to time for grade GS-18 of the General Schedule under section 5332 of title 5, United States Code. The remaining staff members appointed under subparagraph (A) may be compensated at a rate fixed by the Director or the Deputy Director, as the case may be, not in excess of the maximum rate payable from time to time for grade GS-16 of the General Schedule under section 5332 of title 5, United States Code. (2) The Director may appoint and fix the pay of such clerical and other support personnel as the Director considers desirable. Such personnel shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. (d) Organization.--The Director may organize the personnel of the Office into such bureaus, divisions, or offices as the Director may consider necessary. SEC. 6. AUTHORITY AND FUNCTIONS OF DIRECTOR. (a) In General.--The Director shall exercise all the executive and administrative functions of the Office. (b) Additional Authority.--The Director-- (1) may obtain services as authorized in section 3109 of title 5, United States Code, at rates not to exceed the daily rate prescribed for GS-18 of the General Schedule under section 5332 of title 5, United States Code, for persons employed intermittently in Federal Government service; (2) may delegate to the Deputy Director, or to any other employee of the Office, any authority of the Director established in this Act; (3) shall prescribe such rules as may be necessary to carry out the provisions of this Act; (4) shall distribute business among any personnel appointed under section 5(c)(2), and among any bureaus, divisions, or offices established under section 5(d); (5) shall administer the use and expenditure of funds available to the Office; (6) shall coordinate and organize the work of the Office in order to promote prompt and efficient disposition of all matters within the jurisdiction of the Office; and (7) shall assure appropriate consumer representation in connection with the development of policy by the Office. SEC. 7. ADVISORY COMMITTEE. (a) Establishment.--The Director shall establish an advisory committee to be known as the Advisory Committee on Telecommunications Policy. (b) Membership.--The Committee shall consist of members appointed by the Director from the general public, including representatives of-- (1) various segments of the telecommunications industry, (2) labor organizations involved in such industry, and (3) public interest and consumer organizations. (c) Functions.--The Committee shall provide advice and recommendations to the Director on matters referred to it by the Director and on such other matters relating to the functions of the Director as it considers appropriate. Consistent with otherwise applicable law, the Committee may make public any advice or recommendations it has provided to the Director under this subsection. SEC. 8. ANNUAL REPORTS; FCC REPORTS. (a) Duty To Submit.--The Director shall, not later than the 15th day of February following the end of each fiscal year, commencing with the first complete fiscal year following the effective date provided for in section 9, make a report to the President for submission to the Congress relating to the activities of the Office during the preceding fiscal year. (b) Contents.--Each report made by the Director under subsection (a) shall-- (1) describe actions taken by the Office in connection with the preparation of national telecommunications policies in accordance with section 4(1); (2) identify and analyze emerging trends in telecommunications; and (3) include such other information as the Director considers appropriate. (c) Commission Response to Office Views.--In any case in which the Office submits views to the Federal Communications Commission under section 4(a)(4) and the Commission takes any final action after such submittal which is inconsistent with such views, the Commission shall, within twenty days of such final action is taken, submit a report to the President and to the Congress setting forth the reasons therefor. SEC. 9. EFFECTIVE DATE. The provisions of this Act shall take effect ninety days after the date of the enactment of this Act. | Telecommunications Policy Coordination Act of 1995 - Establishes an Office of Telecommunications Policy (OTP) in the Executive Office of the President. Directs OTP to: (1) prepare national telecommunications policy options; (2) serve as the principal advisor to the President on telecommunications issues; (3) arbitrate telecommunications policy disputes among Federal agencies; (4) communicate the views of the agencies and the President concerning telecommunications policy to the Federal Communications Commission (FCC) and the Congress; and (5) monitor developments in telecommunications technology. Requires the Director of OTP to: (1) establish an Advisory Committee on Telecommunications Policy; and (2) report to the President and the Congress annually on OTP activities and on emerging trends in telecommunications. Requires the FCC to report to the President and the Congress on its reasons for taking any final action which is inconsistent with views received from OTP. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Steel Industry National Historic Park Act of 2000''. TITLE I--STEEL INDUSTRY NATIONAL HISTORIC PARK SEC. 101. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds that-- (1) certain sites and structures in the Commonwealth of Pennsylvania symbolize in physical form the heritage of the steel industry of the United States; (2) a very large proportion of the buildings and other structures in the Commonwealth are nationally significant historical resources, including the United States Steel Homestead Works, the Carrie Furnace complex, and the Hot Metal Bridge; (3) despite substantial efforts for cultural preservation and historical interpretation by the Commonwealth of Pennsylvania and by individuals and public and private entities in the region, these buildings and other structures may be lost without the assistance of the Federal Government. (b) Purposes.--The purposes of this title are to provide for the preservation, development, interpretation, and use of the nationally significant historical and cultural sites and structures as described in subsection (a) for the benefit and inspiration of present and future generations. SEC. 102. STEEL INDUSTRY NATIONAL HISTORIC PARK. (a) Establishment.--There is established in the Commonwealth of Pennsylvania the Steel Industry National Historic Park as a unit of the National Park System. (b) Description.--The historic park shall be comprised of the following properties, each of which relate to the former United States Steel Homestead Works: (1) The historic location of the Battle of Homestead site in the borough of Munhall, Pennsylvania, consisting of approximately 3 acres of land, including the pumphouse and water tower and related structures, within the property bounded by the Monongahela River, the CSX railroad, Waterfront Drive, and the Damascus-Marcegaglia Steel Mill. (2) The historic location of the Carrie Furnace complex in the boroughs of Swissvale and Rankin, Pennsylvania, consisting of approximately 35 acres of land, including blast furnaces 6 and 7, the ore yard, the cast house, the blowing engine house, the AC power house, and related structures, within the property bounded by the CSX railroad, the Monongahela River, and a property line drawn northeast to southwest approximately 100 yards east of the AC power house. (3) The historic location of the Hot Metal Bridge, consisting of the Union railroad bridge and its approaches, spanning the Monongahela River and connecting the mill sites in the boroughs of Rankin and Munhall, Pennsylvania. (4) All other property included in the historic park by Federal law or acquired by the Secretary for inclusion in the historic park pursuant to section 103 or other Federal law. SEC. 103. ACQUISITION OF PROPERTY. To further the purposes of this title, the Secretary may acquire, by donation, property for inclusion in the historic park as follows: (1) Any land or interest in land with respect to the property identified in paragraphs (1), (2), or (3) of section 102(b). (2) Up to 10 acres of land adjacent to or in the general proximity of the property identified in paragraphs (1), (2), or (3) of section 102(b), for the development of visitor, administrative, museum, curatorial, and maintenance facilities. (3) Personal property associated with, and appropriate for, the interpretation of the historic park. SEC. 104. ADMINISTRATION. (a) In General.--The Secretary shall administer the historic park in accordance with this title and the provisions of law generally applicable to units of the National Park System, including the Act of August 25, 1916 (16 U.S.C. 1 et seq.), and the Act of August 21, 1935 (16 U.S.C. 461 et seq.). (b) Cooperative Agreements.-- (1) In general.--To further the purposes of this title, the Secretary may enter into a cooperative agreement with any interested individual, public or private agency, organization, or institution. (2) Contrary purposes.--Any payment made by the Secretary pursuant to a cooperative agreement under this subsection shall be subject to an agreement that conversion, use, or disposal of the project so assisted for purposes contrary to the purpose of this title, as determined by the Secretary, shall result in a right of the United States to reimbursement of all funds made available to such a project or the proportion of the increased value of the project attributable to such funds as determined at the time of such conversion, use, or disposal, whichever is greater. (c) Technical and Preservation Assistance.--The Secretary may provide to any person technical assistance for the preservation of historic structures of, the maintenance of the cultural landscape of, and local preservation planning for, the historic park. SEC. 105. GENERAL MANAGEMENT PLAN. (a) In General.--Not later than the last day of the third fiscal year beginning after the date of enactment of this Act, the Secretary shall, in consultation with the officials described in subsection (b), prepare a general management plan for the historic park. (b) Officials Consulted.--The officials described in this subsection are-- (1) an appropriate official of each appropriate political subdivision of the Commonwealth of Pennsylvania that has jurisdiction over all or a portion of the historic park; and (2) an appropriate official of the Steel Industry Heritage Corporation. (c) Submission of Plan to Congress.--Upon the completion of the general management plan, the Secretary shall submit a copy of the plan to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives. SEC. 106. DEFINITIONS. For purposes of this title, the following definitions shall apply: (1) Historic park.--The term ``historic park'' means the Steel Industry National Historic Park established by section 102. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 107. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this title. TITLE II--EXTENSION OF POTOMAC HERITAGE NATIONAL SCENIC TRAIL SEC. 201. DESIGNATION OF ALLEGHENY TRAIL ALLIANCE TRAILS AS COMPONENTS OF POTOMAC HERITAGE NATIONAL SCENIC TRAIL. Section 5(a)(11) of the National Trails System Act (16 U.S.C. 1244(a)(11)) is amended by inserting before the last sentence the following: ``Consistent with the preceding sentence, the Secretary of the Interior shall designate the approximately 214-mile system of trails between Cumberland, Maryland, and Pittsburgh, Pennsylvania, known as the Allegheny Trail Alliance Trails, as depicted on the map entitled `Cumberland and Pittsburgh Trail' and dated July 24, 2000, as official components of the Potomac Heritage National Scenic Trail.''. | Authorizes the Secretary to: (1) enter into a cooperative agreement for Park purposes; and (2) provide technical assistance for the preservation of Park structures, maintenance of the cultural landscape, and local Park preservation planning. Directs the Secretary to prepare and submit to specified congressional committees a Park general management plan. Authorizes appropriations. Title II: Extension of Potomac Heritage National Scenic Trail - Amends the National Trails System Act to direct the Secretary to designate the system of trails between Cumberland, Maryland, and Pittsburgh, Pennsylvania, known as the Allegheny Trail Alliance Trails as components of the Potomac Heritage National Scenic Trail. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Broadband Conduit Deployment Act of 2018''. SEC. 2. INCLUSION OF BROADBAND CONDUIT INSTALLATION IN CERTAIN HIGHWAY CONSTRUCTION PROJECTS. (a) In General.--Chapter 3 of title 23, United States Code, is amended by adding at the end the following: ``Sec. 331. Inclusion of broadband conduit installation in certain highway construction projects ``(a) Requirement.-- ``(1) In general.--The Secretary shall require States to evaluate the need for broadband conduit in accordance with this section as part of any covered highway construction project. ``(2) Consultation.--The evaluation shall be done in consultation with local and national telecommunications providers, including telecommunications service and equipment providers. ``(3) Results of evaluation.--If the evaluation reveals an anticipated need in the next 15 years for broadband conduit beneath hard surfaces to be constructed by the project, the conduit shall be installed under the hard surfaces as part of the covered highway construction project. ``(b) Installation Requirements.--In carrying out subsection (a), the Secretary shall ensure with respect to a covered highway construction project that-- ``(1) an appropriate number of broadband conduits, as determined by the Assistant Secretary of Commerce for Communications and Information, are installed along such highway to accommodate multiple broadband providers, with consideration given to the availability of existing conduits; ``(2) the size of each such conduit is consistent with industry best practices and is sufficient to accommodate potential demand, as determined by the Assistant Secretary of Commerce for Communications and Information; and ``(3) hand holes and manholes for fiber access and pulling with respect to each such conduit are placed at intervals consistent with industry best practices, as determined by the Assistant Secretary of Commerce for Communications and Information. ``(c) Standards.--The Secretary, in consultation with the Assistant Secretary of Commerce for Communications and Information, shall establish standards, consistent with applicable requirements in section 156 of this title, section 1.23, part 645, and part 710 of title 23, Code of Federal Regulations, and the Approved Utility Accommodation Manual, to carry out subsection (b) that consider-- ``(1) the ability to accommodate broadband installation without impacting the safety, operations, and maintenance of the highway facility, its users, or others; ``(2) population density in the area of a covered highway construction project; ``(3) the type of highway involved in such project; and ``(4) existing broadband access in the area of such project. ``(d) Pull Tape.--The Secretary shall ensure that each broadband conduit installed pursuant to this section includes a pull tape and is capable of supporting fiber optic cable placement techniques consistent with industry best practices, as determined by the Secretary. ``(e) Depth of Installation.--The Secretary shall ensure that each broadband conduit installed pursuant to this section is placed at a depth consistent with industry best practices, as determined by the Secretary, and that, in determining the depth of placement, consideration is given to the location of existing utilities and the cable separation requirements of State and local electrical codes. ``(f) Access.--The Secretary shall ensure that any requesting broadband provider has access to each broadband conduit installed pursuant to this section, on a competitively neutral and nondiscriminatory basis, for a charge not to exceed a cost-based rate. ``(g) Waiver Authority.--The Secretary may waive the application of this section if the Secretary determines that the waiver is appropriate with respect to a covered highway construction project based upon-- ``(1) a showing of undue burden; ``(2) a determination that the installation of broadband conduit beneath hard surfaces to be constructed as part of a covered highway construction project is not necessary based on the availability of existing broadband infrastructure; ``(3) a cost-benefit analysis; or ``(4) the consideration of other relevant factors. ``(h) Coordination With FCC.--In carrying out this section, the Secretary and the Assistant Secretary of Commerce for Communications and Information shall coordinate with the Federal Communications Commission, including in making determinations with respect to an appropriate number of broadband conduits under subsection (b)(1), potential demand under subsection (b)(2), and existing broadband access under subsection (c). ``(i) Publication of Conduit Availability.--Not later than 1 year after the date of enactment of this section, the Secretary shall provide information to the Federal Communications Commission and the Assistant Secretary of Commerce for Communications and Information for inclusion within the National Broadband Map. ``(j) Definitions.--In this section, the following definitions apply: ``(1) Broadband.--The term `broadband' means an Internet Protocol-based transmission service that enables users to send and receive voice, video, data, graphics, or a combination thereof. ``(2) Broadband conduit.--The term `broadband conduit' means a conduit for fiber optic cables that support broadband or, where appropriate, wireless facilities for broadband service. ``(3) Covered highway construction project.--The term `covered highway construction project' means a project to construct a new highway or to construct an additional lane or paved shoulder for an existing highway that is commenced after the date of enactment of this section and that receives funding under this title. ``(4) Hard surfaces.--The term `hard surfaces' means asphalt and concrete pavement, curb and gutter, and sidewalk.''. (b) Clerical Amendment.--The analysis for chapter 3 of title 23, United States Code, is amended by adding at the end the following: ``331. Inclusion of broadband conduit installation in certain highway construction projects.''. | Broadband Conduit Deployment Act of 2018 This bill directs the Department of Transportation to require states to evaluate the need to install broadband conduit in any project to construct a new highway or additional lane or paved shoulder for an existing highway that is begun after the enactment of this bill and that receives funding under the federal-aid highway program. |
SECTION. 1. SHORT TITLE. This Act may be cited as the ``Tribal-State Tax Fairness Act of 2001''. SEC. 2. DEFINITIONS. For purposes of this Act: (1) Covered state tax.--The term ``covered State tax'' means a lawfully imposed and nondiscriminatory State or local excise, sales, or transaction tax that is collected by the State, levied or imposed on purchases, by nonmembers of a tribe, of tobacco products or motor fuels from a tribal retail enterprise. (2) Indian country.--The term ``Indian country'' means any land where an Indian tribe may legally assert sovereignty over a tribal retail enterprise. (3) Indian tribe.--The term ``Indian tribe'' has the meaning given that term in section 4(e) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b(e)). (4) Person.--The term ``person'' includes individuals, corporations, partnerships, associations of persons, State or local governments, non-Indian retailers affiliated with one or more Indian tribes, Indian tribes, or Indian tribal governments. (5) Petition for enforcement.--The term ``petition for enforcement'' means a petition submitted to the Secretary by a Governor of a State which requires action by the Secretary under section 4(a). (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior or a designee of the Secretary. (7) Service.--The term ``Service'' means the Federal Mediation and Conciliation Service established under section 202 of the National Labor Relations Act (29 U.S.C. 172). (8) Tribal retail enterprise.--The term ``tribal retail enterprise'' means a person that has conducted business in Indian country and at the time that such business was conducted, was owned or operated (in whole or in part) by one or more of the following: (A) An Indian tribe. (B) A member of an Indian tribe. (C) A person who is not a member of an Indian tribe under a management contract with an Indian tribe or a member of an Indian tribe. (9) Tribal-state agreement.--The term ``tribal-State agreement'' means an agreement or compact between a State and an Indian tribe concerning State taxes on tobacco products, motor fuels, or both, that is in effect on the date of enactment of this Act, or was in effect at any time between January 1, 1990, and the date of enactment of this Act. If there is more than 1 such agreement or compact, the term ``tribal-State agreement'' means the agreement or compact that was most recently in effect. SEC. 3. APPLICABILITY. (a) In General.--Except to the extent that a tribal-State agreement provides otherwise, this Act shall not apply to-- (1) that part of any covered State tax for which a State law specifically exempts, either in whole or in part, the collection or remittance of such taxes; or (2) any covered State tax for which, under State or local law which requires the collection or remittance tax, the legal incidence of the otherwise applicable State tax falls on a tribe or its members, thereby subjecting the purchase by a tribal member from a tribal retail enterprise to a State excise, sales, or transaction tax. (b) Prospective Applicability.--This Act shall apply only to covered State taxes due, or amounts due under tribal-State agreements, with respect to purchases completed on or after the date of the enactment of this Act. SEC. 4. COLLECTION OF COVERED STATE TAXES PURSUANT TO AN ENFORCEMENT PETITION. (a) Enforcement Petition by the Governor; Determination of Validity by the Secretary.--Not later than 60 days after receiving a petition from the Governor of a State within the exterior borders of which a tribal retail enterprise is located alleging the non-collection, non- remittance, or both, of a covered State tax by the tribal retail enterprise and requesting action under this Act by the Secretary, the Secretary shall determine, through an investigation, audit or other method, whether or not the tribal retail enterprise is collecting and remitting the appropriate amount of covered State tax. (b) Notice Upon Finding of Validity of Enforcement Petition; Remittance.-- (1) Notice.--Not later than 60 days after a determination of the validity of the allegations in an Enforcement Petition, the Secretary shall notify the tribal retail enterprise that is the subject of the Enforcement Petition of this determination and direct the tribal retail enterprise to collect the covered State tax and remit it to the Secretary pursuant to subsection (c). (2) Remittance.--A tribal retail enterprise shall begin remitting funds to the Secretary on the schedule established in subsection (c) not later than 60 days after the later of the following: (A) The date that the Secretary notifies the tribal retail enterprise under paragraph (1). (B) The date that a determination is made as a result of a mediation under subsection (c)(2)(D). (c) Timing and Amount of Remittance to Secretary.-- (1) In general.--A tribal retail enterprise shall remit to the Secretary covered State taxes collected pursuant to subsection (b) on a monthly basis, by the 15th day following the month in which the taxes were collected. (2) Determination of amount to be remitted to secretary.-- (A) Existence of tribal-state agreement.--In the event a tribal-State agreement exists or existed with respect to the tribal retail enterprise or Indian tribe named in a Enforcement Petition, then the amount of covered State taxes collected and remitted to the Secretary pursuant to such a Enforcement Petition shall in no event be more than the amount provided for by the terms of such tribal-State agreement, even if such tribal-State agreement is no longer in effect at the time that the Enforcement Petition was submitted because the agreement has expired or one of the parties to the agreement has terminated the agreement. (B) Absence of tribal-state agreement.--In the event a tribal-State agreement with respect to the tribal retail enterprise or Indian tribe named in a Enforcement Petition did not or does not exist, then the Secretary shall consult with the Governor of the State that submitted the Enforcement Petition to determine the appropriate amount of covered State taxes that should be remitted to the Secretary under this subsection based upon relevant State law. (C) Calculation of amounts to be remitted.--The Secretary shall collect from the tribal retail enterprise or Indian tribe named in an Enforcement Petition all covered State taxes that the Secretary determines should have been remitted to the appropriate State since the date of enactment of this Act, unless the Enforcement Petition specifies a alternative date after the enactment of this Act. (D) Mediation.-- (i) In general.--If the parties cannot agree on the amount required to be remitted under this subsection, the Secretary shall contact the Service and request the establishment of a mediation between the tribal retail enterprise or the Indian tribe and the Governor of the State for the purposes of determining such amount. (ii) Deadline for completion.--Not later than 180 days after the initial contact by the Secretary regarding the mediation, the Service shall complete such mediation and render its determination on the appropriate amount to be remitted to the Secretary. (iii) Use of determination.--The determination of the Service shall be used by the Secretary in establishing the appropriate amount to be remitted. (iv) Refusal to cooperate with mediation.-- If a tribal retail enterprise, Indian tribe, or Governor of a State (or the designee of the Governor) fails to participate in the mediation under this subparagraph or fails to cooperate with the Service regarding the mediation, the Service may make its determination based upon information available to the Service. (d) Termination of Remittances to Secretary.--Remittances of covered State taxes to the Secretary required under this subsection shall continue until one of the following occurs: (1) The Governor of the State submitting the Enforcement Petition certifies in writing to the Secretary that the Secretary's involvement is no longer required. (2) The Governor of the State submitting the Enforcement Petition and the appropriate Indian tribe enter into a binding tribal-State agreement covering the collection and remittance of covered State taxes. (e) Return of Funds to Appropriate State.--Not later than 30 days after receiving a covered State tax payment from a tribal retail enterprise or Indian tribe under subsection (c), the Secretary shall remit the balance of taxes collected under subsection (c) (after subtracting administrative expenses subject to subsection (f)) to the State fund specified to the Secretary by the Governor. (f) Administrative Expenses.--Prior to remitting funds to the appropriate State fund under subsection (e), the Secretary shall deduct from the amount remitted from the tribal retail enterprise pursuant to subsection (c) an administrative fee that is equal to the lesser of the following: (1) The direct cost of administering this Act. (2) One percent of the amounts remitted pursuant to subsection (c). (g) Satisfaction of Obligations.--Amounts remitted to the Secretary under subsection (c) or paid pursuant to a judgment under section 6 shall be applied by the State to amounts due under the terms of the tribal-State agreement or the covered State tax obligation of the relevant tribal retail enterprise. SEC. 5. MEDIATION OF DISPUTES BETWEEN TRIBES AND STATES UNDER TRIBAL- STATE AGREEMENTS. (a) In General.--Not later than 60 days after receiving a request from the Governor of a State or an Indian tribe for the Secretary to mediate a dispute between a the Governor of the State and an Indian tribe regarding compliance with the terms of a tribal-State agreement in effect on the date of an Enforcement Petition, the Secretary shall initiate a mediation, or direct the Service to initiate a mediation, for the Governor of the State and the Indian tribe to resolve the dispute. (b) Completion of Mediation.--Not later than 210 days after a request for mediation is received by the Secretary under subsection (a), the Secretary shall ensure that the mediation is concluded and notify the parties to the mediation of the resulting determination by the Secretary or the Service and urge the adoption of the determination by such parties. SEC. 6. ENFORCEMENT. (a) Notice of Violation--If a tribal retail enterprise fails to comply with section 4(b)(2), the Secretary shall notify the tribal retail enterprise of this violation and demand immediate compliance. (b) Referral of Violation to Department of Justice.--If a tribal retail enterprise is not in compliance with section 4(b)(2) within 30 days of the notification under subsection (a), the Secretary shall refer the matter within 15 days to the Department of Justice. (c) Commencement of Civil Enforcement Action.-- (1) In general.--Not later than 60 days after a referral under subsection (b), the Department of Justice shall initiate a civil enforcement action in Federal district court against the tribal retail enterprise that is the subject of the referral. (2) Tribal-owned retail enterprise.--If the tribal retail enterprise named in such a civil enforcement action is owned or operated by an Indian tribe, then the civil action shall include requests for injunctive relief against the tribal retail enterprise and for the payment to the Secretary of all covered State taxes, as determined under section 4 (and interest as permitted by the State law of State regarding which the Enforcement Petition was submitted) owed by the tribal retail enterprise from the date of the enactment of this Act. (3) Tribal member-owned retail enterprise.--If the tribal retail enterprise named in such a civil enforcement action is owned or operated by a member of an Indian tribe, then the civil action shall include requests for injunctive relief and civil penalties in the amount of 3 times the covered State taxes, as determined under section 4, (and interest as permitted by the State law of the State regarding which the Enforcement Petition was submitted) owed by the tribal retail enterprise from the date of enactment of this Act. (d) Posting of Bond During Appeal.--If the tribal retail enterprise appeals the decision of the Federal district court in an action pursuant to subsection (c), then the tribal retail enterprise shall post a bond for the amount of the covered State taxes and interest that was the subject of the action until a final determination has been made in the action. SEC. 7. JUDICIAL REVIEW. The Governor of a State that has filed an enforcement petition, or a tribal retail enterprise that has been named in such an enforcement petition, may challenge the Secretary's conclusions under Section 4 by commencing an action in Federal district court. If the challenge is not sustained by the court, the challenging State or tribal retail enterprise shall be liable to the Secretary for attorney's fees and court costs. SEC. 8. REGULATIONS. Not later than 180 days after the date of the enactment of this Act, the Secretary shall promulgate regulations providing for the implementation and enforcement of this Act. SEC. 9. EFFECTIVE DATE. This Act shall take effect 180 days after the date of the enactment of this Act, regardless of whether regulations have been issued under section 7. | Tribal-State Tax Fairness Act of 2001 - Directs the Secretary of the Interior, within 60 days after receiving a petition from the government of a State within which a tribal retail enterprise is located alleging the non-collection, non-remittance, or both, of a covered State tax (a tax imposed on the purchase of tobacco products or motor fuel) by such enterprise: (1) to determine whether the enterprise is properly collecting and remitting such State tax; and (2) if it is not, to notify and direct the tribal enterprise to collect such tax and remit it to the Secretary on a monthly basis. Provides for the determination of the amount to be so remitted (which differs depending on the existence or absence of a tribal-State agreement).Requires the Secretary to return remitted amounts to the State within 30 days.Provides for the mediation of disputes between tribes and States under tribal-State agreements, with enforcement provisions. Provides for judicial review of determinations made by the Secretary. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Miners Protection Act of 2015''. SEC. 2. INCLUSION OF CERTAIN RETIREES IN THE MULTIEMPLOYER HEALTH BENEFIT PLAN. Section 402 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232) is amended-- (1) in subsection (h)(2)(C)-- (A) by striking ``A transfer'' and inserting the following: ``(i) Transfer to the plan.--A transfer''; (B) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and moving such subclauses 2 ems to the right; and (C) by striking the matter following such subclause (II) (as so redesignated) and inserting the following: ``(ii) Calculation of excess.--The excess determined under clause (i) shall be calculated by taking into account only-- ``(I) those beneficiaries actually enrolled in the Plan as of the date of the enactment of the Miners Protection Act of 2015, who are eligible to receive health benefits under the Plan on the first day of the calendar year for which the transfer is made; and ``(II) those beneficiaries whose health benefits, defined as those benefits payable directly following death or retirement or upon a finding of disability by an employer in the bituminous coal industry under a coal wage agreement (defined in section 9701(b)(1) of the Internal Revenue Code of 1986), would be denied or reduced as a result of a bankruptcy proceeding commenced in 2012. ``(iii) Eligibility of certain retirees.-- Individuals referred to in clause (ii)(II) shall be treated as eligible to receive health benefits under the Plan. ``(iv) Requirements for transfer.--The amount of the transfer otherwise determined under this subparagraph for a fiscal year shall be reduced by any amount transferred for the fiscal year to the Plan, to pay benefits required under the Plan, from a voluntary employees' beneficiary association established as a result of the bankruptcy proceeding described in clause (ii). ``(v) VEBA transfer.--The administrator of such voluntary employees' beneficiary association shall transfer to the Plan any amounts received as a result of such bankruptcy proceeding, reduced by an amount for administrative costs of such association.''; and (2) in subsection (i)-- (A) by redesignating paragraph (4) as paragraph (5); and (B) by inserting after paragraph (3) the following: ``(4) Additional amounts.-- ``(A) Calculation.--If the dollar limitation specified in paragraph (3)(A) exceeds the aggregate amount required to be transferred under paragraphs (1) and (2) for a fiscal year, the Secretary of the Treasury shall transfer an additional amount equal to the difference between such dollar limitation and such aggregate amount to the trustees of the 1974 UMWA Pension Plan to pay benefits required under that plan. ``(B) Cessation of transfers.--The transfers described in subparagraph (A) shall cease as of the first fiscal year beginning after the first plan year for which the funded percentage (as defined in section 432(i)(2) of the Internal Revenue Code of 1986) of the 1974 UMWA Pension Plan is at least 100 percent. ``(C) Prohibition on benefit increases, etc.-- During a fiscal year in which the 1974 UMWA Pension Plan is receiving transfers under subparagraph (A), no amendment of such plan which increases the liabilities of the plan by reason of any increase in benefits, any change in the accrual of benefits, or any change in the rate at which benefits become nonforfeitable under the plan may be adopted unless the amendment is required as a condition of qualification under part I of subchapter D of chapter 1 of the Internal Revenue Code of 1986. ``(D) Treatment of transfers for purposes of withdrawal liability under erisa.--The amount of any transfer made under subparagraph (A) (and any earnings attributable thereto) shall be disregarded in determining the unfunded vested benefits of the 1974 UMWA Pension Plan and the allocation of such unfunded vested benefits to an employer for purposes of determining the employer's withdrawal liability under section 4201. ``(E) Requirement to maintain contribution rate.--A transfer under subparagraph (A) shall not be made for a fiscal year unless the persons that are obligated to contribute to the 1974 UMWA Pension Plan on the date of the transfer are obligated to make the contributions at rates that are no less than those in effect on the date which is 30 days before the date of enactment of the Miners Protection Act of 2015. ``(F) Enhanced annual reporting.-- ``(i) In general.--Not later than the 90th day of each plan year beginning after the date of enactment of the Miners Protection Act of 2015, the trustees of the 1974 UMWA Pension Plan shall file with the Pension Benefit Guaranty Corporation a report (including appropriate documentation and actuarial certifications from the plan actuary, as required by the Secretary of Labor) that contains-- ``(I) whether the plan is in endangered or critical status under section 305 of the Employee Retirement Income Security Act of 1974 and section 432 of the Internal Revenue Code of 1986 as of the first day of such plan year; ``(II) the funded percentage (as defined in section 432(i)(2) of such Code) as of the first day of such plan year, and the underlying actuarial value of assets and liabilities taken into account in determining such percentage; ``(III) the market value of the assets of the plan as of the last day of the plan year preceding such plan year; ``(IV) the total value of all contributions made during the plan year preceding such plan year; ``(V) the total value of all benefits paid during the plan year preceding such plan year; ``(VI) cash flow projections for such plan year and either the 6 or 10 succeeding plan years, at the election of the trustees, and the assumptions relied upon in making such projections; ``(VII) funding standard account projections for such plan year and the 9 succeeding plan years, and the assumptions relied upon in making such projections; ``(VIII) the total value of all investment gains or losses during the plan year preceding such plan year; ``(IX) any significant reduction in the number of active participants during the plan year preceding such plan year, and the reason for such reduction; ``(X) a list of employers that withdrew from the plan in the plan year preceding such plan year, and the resulting reduction in contributions; ``(XI) a list of employers that paid withdrawal liability to the plan during the plan year preceding such plan year and, for each employer, a total assessment of the withdrawal liability paid, the annual payment amount, and the number of years remaining in the payment schedule with respect to such withdrawal liability; ``(XII) any material changes to benefits, accrual rates, or contribution rates during the plan year preceding such plan year; ``(XIII) any scheduled benefit increase or decrease in the plan year preceding such plan year having a material effect on liabilities of the plan; ``(XIV) details regarding any funding improvement plan or rehabilitation plan and updates to such plan; ``(XV) the number of participants and beneficiaries during the plan year preceding such plan year who are active participants, the number of participants and beneficiaries in pay status, and the number of terminated vested participants and beneficiaries; ``(XVI) the information contained on the most recent annual funding notice submitted by the plan under section 101(f) of the Employee Retirement Income Security Act of 1974; ``(XVII) the information contained on the most recent Department of Labor Form 5500 of the plan; and ``(XVIII) copies of the plan document and amendments, other retirement benefit or ancillary benefit plans relating to the plan and contribution obligations under such plans, a breakdown of administrative expenses of the plan, participant census data and distribution of benefits, the most recent actuarial valuation report as of the plan year, copies of collective bargaining agreements, and financial reports, and such other information as the Secretary of Labor or the Secretary of the Treasury may require by request to such Corporation. ``(ii) Electronic submission.--The report required under clause (i) shall be submitted electronically. ``(iii) Information sharing.--The Pension Benefit Guaranty Corporation shall share the information in the report under clause (i) with the Secretary of the Treasury and the Secretary of Labor. ``(iv) Excise tax.--If the report required under clause (i) is not filed as of the date described in such clause, there shall be a tax on the 1974 UMWA Pension Plan in the amount of $100 for each day occurring after such date and before the date on which such report is actually filed. The preceding sentence shall not apply if the Pension Benefit Guaranty Corporation determines that reasonable diligence has been exercised by the trustees of such plan in attempting to timely file such report. ``(G) 1974 umwa pension plan defined.--For purposes of this paragraph, the term `1974 UMWA Pension Plan' has the meaning given the term in section 9701(a)(3) of the Internal Revenue Code of 1986, but without regard to the limitation on participation to individuals who retired in 1976 and thereafter.''. | Miners Protection Act of 2015 This bill amends the Surface Mining Control and Reclamation Act of 1977 to address potential shortages in the Multiemployer Health Benefit Plan for payment of health care benefits to retired coal miners by expanding the eligible uses of interest transferable to such plan from the Abandoned Mine Reclamation Fund, and supplemental payments from the General Fund of the Treasury. The calculation of such interest and payments shall be made by taking into account only those beneficiaries who are actually enrolled in the plan as of the enactment of this Act, as well as those retirees whose health care benefits, payable directly by an employer in the bituminous coal industry under a coal wage agreement, would be denied or reduced as a result of a bankruptcy proceeding commenced in 2012. The bill requires the Department of the Treasury to transfer to the trustees of the 1974 United Mine Workers of America (UMWA) Pension Plan additional funds to pay pension benefits required under that plan, if the $490 million cap on certain transfers to the UMWA Combined Benefit Fund and distributions to states and Indian tribes exceed the aggregate amount required to be transferred to them. The bill also expands the annual reporting requirements of the trustees of the 1974 UMWA Pension Plan on plan solvency and value of plan assets. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Global Development Lab Act of 2014''. SEC. 2. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the United States Agency for International Development. (2) Lab.--The term ``Lab'' means the United States Global Development Lab established under section 4. (3) USAID.--The term ``USAID'' means the United States Agency for International Development. SEC. 3. FINDINGS. Congress finds the following: (1) Leveraging academic research and private sector expertise to effectively apply science and technology to United States foreign aid can increase the effectiveness of United States aid dollars and lead to better outcomes. (2) In the last 20 years, human ingenuity and entrepreneurship around the world has reduced child mortality rates by 42 percent and poverty rates by 52 percent, lifting hundreds of millions of people out of poverty. (3) Over the next 40 years, the developing world is expected to be the largest source of product and services growth. Breakthroughs pioneered for the developing world can translate into jobs and economic growth in the United States. (4) In 2014 the Office of Science and Technology and the Office of Innovation and Development Alliances at the United States Agency for International Development were abolished to pave the way to bring their staffing and other resources into the United States Global Development Lab. (5) The Lab represents a new approach to invest, test, and apply more effective solutions to humanity's greatest challenges. (6) The Lab will partner with entrepreneurs, experts, nongovernmental organizations, universities, and science and research institutions to solve development challenges in a faster, more cost-efficient, and more sustainable way. (7) The Lab will utilize a pay-for-success model, which uses science, technology, and innovation-driven competitions to expand the number and diversity of solutions to development challenges. (8) In contrast with traditional grants or contracts, where USAID pays for a proposal to be implemented, pay-for-success awards are given to a winner only after the objectives of the competition have been achieved. (9) Expanding pay-for-success authority to allow the Lab to use these awards globally will increase the number of high value solutions to choose from at a significantly reduced cost. SEC. 4. UNITED STATES GLOBAL DEVELOPMENT LAB. (a) Establishment.--There is established in USAID an entity to be known as the United States Global Development Lab. (b) Duties and Responsibilities.--The duties and responsibilities of the Lab should include-- (1) increasing the application of science, technology, innovation and partnerships to develop and scale new solutions to end extreme poverty; (2) discovering, testing, and scaling development innovations to solve development challenges to increase cost effectiveness and support United States foreign policy and development goals; (3) leveraging the expertise, resources, and investment of businesses, nongovernmental organizations, science and research organizations, and universities to increase program impact and sustainability; (4) utilizing innovation-driven competitions to expand the number and diversity of solutions to development challenges; and (5) supporting USAID Missions and Bureaus in applying science, technology, innovation, and partnership approaches to decisionmaking, procurement, and program design. (c) Authorities.-- (1) In general.--In carrying out the duties and responsibilities of the Lab under subsection (b), the Administrator may, in addition to such other authorities as may be available to the Administrator-- (A) use not more than $15,000,000 of funds appropriated or otherwise made available by an Act making appropriations for the Department of State, foreign operations, and related programs under the heading ``Development Assistance'' for any fiscal year for the provision of grants that are focused on science, technology, or innovation and designed to improve health outcomes; (B) make awards in accordance with section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719), except that foreign citizens and foreign private entities may be eligible for such prizes notwithstanding the eligibility requirements of subsection (g) of such section; and (C) if the authority to appoint individuals on a limited term basis pursuant to schedule A or B of subpart C of part 213 of title 5, Code of Federal Regulations, is authorized for the Lab by the Office of Personnel Management, use funds appropriated to carry out part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) for the employment of not more than 30 of such individuals. (2) Recovery of funds.-- (A) In general.--In carrying out the duties and responsibilities of the Lab under subsection (b), the Administrator may provide that a cooperative agreement or other transaction for performance of basic, applied, or advanced research entered into between USAID and a person or other entity include a clause that requires the person or other entity to return to USAID program income generated under the agreement or other transaction. (B) Treatment of payments.-- (i) In general.--The amount of any program income returned to USAID pursuant to subparagraph (A) shall be credited to the account from which the obligation and expenditure of funds under the cooperative agreement or other transaction described in subparagraph (A) was made. (ii) Availability.-- (I) In general.--Except as provided in subclause (II), amounts returned and credited to an account under clause (i)-- (aa) shall be merged with other funds in the account; and (bb) shall be available for the same purposes and period of time for which other funds in the account are available for programs and activities of the Lab. (II) Exception.--Amounts returned and credited to an account under clause (i) may not be used to pay for the employment of individuals described in paragraph (1)(C). | Global Development Lab Act of 2014 - Establishes in the U.S. Agency for International Development (USAID) the United States Global Development Lab whose responsibilities should include: increasing the application of science, technology, innovation and partnerships to develop and scale solutions to end extreme poverty; discovering, testing, and scaling development innovations to increase cost effectiveness and support U.S. foreign policy and development goals; leveraging the expertise and resources of businesses, nongovernmental organizations, science and research organizations, and universities to increase program impact; utilizing innovation-driven competitions to expand solutions to development challenges; and supporting USAID Missions and Bureaus in applying science, technology, innovation, and partnership approaches to decision making, procurement, and program design. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``National Pain Care Policy Act of 2008''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Institute of Medicine Conference on Pain. Sec. 3. Pain research at National Institutes of Health. Sec. 4. Pain care education and training. Sec. 5. Public awareness campaign on pain management. SEC. 2. INSTITUTE OF MEDICINE CONFERENCE ON PAIN. (a) Convening.--Not later than June 30, 2009, the Secretary of Health and Human Services shall seek to enter into an agreement with the Institute of Medicine of the National Academies to convene a Conference on Pain (in this section referred to as ``the Conference''). (b) Purposes.--The purposes of the Conference shall be to-- (1) increase the recognition of pain as a significant public health problem in the United States; (2) evaluate the adequacy of assessment, diagnosis, treatment, and management of acute and chronic pain in the general population, and in identified racial, ethnic, gender, age, and other demographic groups that may be disproportionately affected by inadequacies in the assessment, diagnosis, treatment, and management of pain; (3) identify barriers to appropriate pain care, including-- (A) lack of understanding and education among employers, patients, health care providers, regulators, and third-party payors; (B) barriers to access to care at the primary, specialty, and tertiary care levels, including barriers-- (i) specific to those populations that are disproportionately undertreated for pain; (ii) related to physician concerns over regulatory and law enforcement policies applicable to some pain therapies; and (iii) attributable to benefit, coverage, and payment policies in both the public and private sectors; and (C) gaps in basic and clinical research on the symptoms and causes of pain, and potential assessment methods and new treatments to improve pain care; and (4) establish an agenda for action in both the public and private sectors that will reduce such barriers and significantly improve the state of pain care research, education, and clinical care in the United States. (c) Other Appropriate Entity.--If the Institute of Medicine declines to enter into an agreement under subsection (a), the Secretary of Health and Human Services may enter into such agreement with another appropriate entity. (d) Report.--A report summarizing the Conference's findings and recommendations shall be submitted to the Congress not later than June 30, 2010. (e) Authorization of Appropriations.--For the purpose of carrying out this section, there is authorized to be appropriated $500,000 for each of fiscal years 2009 and 2010. SEC. 3. PAIN RESEARCH AT NATIONAL INSTITUTES OF HEALTH. Part B of title IV of the Public Health Service Act (42 U.S.C. 284 et seq.) is amended by adding at the end the following: ``SEC. 409J. PAIN RESEARCH. ``(a) Research Initiatives.-- ``(1) In general.--The Director of NIH is encouraged to continue and expand, through the Pain Consortium, an aggressive program of basic and clinical research on the causes of and potential treatments for pain. ``(2) Annual recommendations.--Not less than annually, the Pain Consortium, in consultation with the Division of Program Coordination, Planning, and Strategic Initiatives, shall develop and submit to the Director of NIH recommendations on appropriate pain research initiatives that could be undertaken with funds reserved under section 402A(c)(1) for the Common Fund or otherwise available for such initiatives. ``(3) Definition.--In this subsection, the term `Pain Consortium' means the Pain Consortium of the National Institutes of Health or a similar trans-National Institutes of Health coordinating entity designated by the Secretary for purposes of this subsection. ``(b) Interagency Pain Research Coordinating Committee.-- ``(1) Establishment.--The Secretary shall establish not later than 1 year after the date of the enactment of this section and as necessary maintain a committee, to be known as the Interagency Pain Research Coordinating Committee (in this section referred to as the `Committee'), to coordinate all efforts within the Department of Health and Human Services and other Federal agencies that relate to pain research. ``(2) Membership.-- ``(A) In general.--The Committee shall be composed of the following voting members: ``(i) Not more than 7 voting Federal representatives as follows: ``(I) The Director of the Centers for Disease Control and Prevention. ``(II) The Director of the National Institutes of Health and the directors of such national research institutes and national centers as the Secretary determines appropriate. ``(III) The heads of such other agencies of the Department of Health and Human Services as the Secretary determines appropriate. ``(IV) Representatives of other Federal agencies that conduct or support pain care research and treatment, including the Department of Defense and the Department of Veterans Affairs. ``(ii) 12 additional voting members appointed under subparagraph (B). ``(B) Additional members.--The Committee shall include additional voting members appointed by the Secretary as follows: ``(i) 6 members shall be appointed from among scientists, physicians, and other health professionals, who-- ``(I) are not officers or employees of the United States; ``(II) represent multiple disciplines, including clinical, basic, and public health sciences; ``(III) represent different geographical regions of the United States; and ``(IV) are from practice settings, academia, manufacturers or other research settings; and ``(ii) 6 members shall be appointed from members of the general public, who are representatives of leading research, advocacy, and service organizations for individuals with pain-related conditions ``(C) Nonvoting members.--The Committee shall include such nonvoting members as the Secretary determines to be appropriate. ``(3) Chairperson.--The voting members of the Committee shall select a chairperson from among such members. The selection of a chairperson shall be subject to the approval of the Director of NIH. ``(4) Meetings.--The Committee shall meet at the call of the chairperson of the Committee or upon the request of the Director of NIH, but in no case less often than once each year. ``(5) Duties.--The Committee shall-- ``(A) develop a summary of advances in pain care research supported or conducted by the Federal agencies relevant to the diagnosis, prevention, and treatment of pain and diseases and disorders associated with pain; ``(B) identify critical gaps in basic and clinical research on the symptoms and causes of pain; ``(C) make recommendations to ensure that the activities of the National Institutes of Health and other Federal agencies, including the Department of Defense and the Department of Veteran Affairs, are free of unnecessary duplication of effort; ``(D) make recommendations on how best to disseminate information on pain care; and ``(E) make recommendations on how to expand partnerships between public entities, including Federal agencies, and private entities to expand collaborative, cross-cutting research. ``(6) Review.--The Secretary shall review the necessity of the Committee at least once every 2 years.''. SEC. 4. PAIN CARE EDUCATION AND TRAINING. (a) Pain Care Education and Training.--Part D of title VII of the Public Health Service Act (42 U.S.C. 294 et seq.) is amended-- (1) by redesignating sections 754 through 758 as sections 755 through 759, respectively; and (2) by inserting after section 753 the following: ``SEC. 754. PROGRAM FOR EDUCATION AND TRAINING IN PAIN CARE. ``(a) In General.--The Secretary may make awards of grants, cooperative agreements, and contracts to health professions schools, hospices, and other public and private entities for the development and implementation of programs to provide education and training to health care professionals in pain care. ``(b) Priorities.--In making awards under subsection (a), the Secretary shall give priority to awards for the implementation of programs under such subsection. ``(c) Certain Topics.--An award may be made under subsection (a) only if the applicant for the award agrees that the program carried out with the award will include information and education on-- ``(1) recognized means for assessing, diagnosing, treating, and managing pain and related signs and symptoms, including the medically appropriate use of controlled substances; ``(2) applicable laws, regulations, rules, and policies on controlled substances, including the degree to which misconceptions and concerns regarding such laws, regulations, rules, and policies, or the enforcement thereof, may create barriers to patient access to appropriate and effective pain care; ``(3) interdisciplinary approaches to the delivery of pain care, including delivery through specialized centers providing comprehensive pain care treatment expertise; ``(4) cultural, linguistic, literacy, geographic, and other barriers to care in underserved populations; and ``(5) recent findings, developments, and improvements in the provision of pain care. ``(d) Program Sites.--Education and training under subsection (a) may be provided at or through health professions schools, residency training programs, and other graduate programs in the health professions; entities that provide continuing education in medicine, pain management, dentistry, psychology, social work, nursing, and pharmacy; hospices; and such other programs or sites as the Secretary determines to be appropriate. ``(e) Evaluation of Programs.--The Secretary shall (directly or through grants or contracts) provide for the evaluation of programs implemented under subsection (a) in order to determine the effect of such programs on knowledge and practice of pain care. ``(f) Peer Review Groups.--In carrying out section 799(f) with respect to this section, the Secretary shall ensure that the membership of each peer review group involved includes individuals with expertise and experience in pain care. ``(g) Definitions.--For purposes of this section the term `pain care' means the assessment, diagnosis, treatment, or management of acute or chronic pain regardless of causation or body location.''. (b) Authorization of Appropriations.--Section 758(b)(1) of the Public Health Service Act (as redesignated by subsection (a)(1) of this section) is amended-- (1) by striking ``and'' at the end of subparagraph (B); (2) by striking the period at the end of subparagraph (C) and inserting ``; and''; and (3) by inserting after subparagraph (C) the following: ``(D) not less than $5,000,000 for awards of grants, cooperative agreements, and contracts under sections 754.''. (c) Technical Amendments.--Title VII of the Public Health Service Act (42 U.S.C. 292 et seq.) is amended-- (1) in paragraph (2) of section 757(b) (as redesignated by subsection (a)(1)), by striking ``754(3)(A), and 755(b)'' and inserting ``755(3)(A), and 756(b)''; and (2) in subparagraph (C) of section 758(b)(1) (as redesignated by subsection (a)(1)), by striking ``754, and 755'' and inserting ``755, and 756''. SEC. 5. PUBLIC AWARENESS CAMPAIGN ON PAIN MANAGEMENT. Part B of title II of the Public Health Service Act (42 U.S.C. 238 et seq.) is amended by adding at the end the following: ``SEC. 249. NATIONAL EDUCATION OUTREACH AND AWARENESS CAMPAIGN ON PAIN MANAGEMENT. ``(a) Establishment.--Not later than June 30, 2009, the Secretary shall establish and implement a national pain care education outreach and awareness campaign described in subsection (b). ``(b) Requirements.--The Secretary shall design the public awareness campaign under this section to educate consumers, patients, their families, and other caregivers with respect to-- ``(1) the incidence and importance of pain as a national public health problem; ``(2) the adverse physical, psychological, emotional, societal, and financial consequences that can result if pain is not appropriately assessed, diagnosed, treated, or managed; ``(3) the availability, benefits, and risks of all pain treatment and management options; ``(4) having pain promptly assessed, appropriately diagnosed, treated, and managed, and regularly reassessed with treatment adjusted as needed; ``(5) the role of credentialed pain management specialists and subspecialists, and of comprehensive interdisciplinary centers of treatment expertise; ``(6) the availability in the public, nonprofit, and private sectors of pain management-related information, services, and resources for consumers, employers, third-party payors, patients, their families, and caregivers, including information on-- ``(A) appropriate assessment, diagnosis, treatment, and management options for all types of pain and pain- related symptoms; and ``(B) conditions for which no treatment options are yet recognized; and ``(7) other issues the Secretary deems appropriate. ``(c) Consultation.--In designing and implementing the public awareness campaign required by this section, the Secretary shall consult with organizations representing patients in pain and other consumers, employers, physicians including physicians specializing in pain care, other pain management professionals, medical device manufacturers, and pharmaceutical companies. ``(d) Coordination.-- ``(1) Lead official.--The Secretary shall designate one official in the Department of Health and Human Services to oversee the campaign established under this section. ``(2) Agency coordination.--The Secretary shall ensure the involvement in the public awareness campaign under this section of the Surgeon General of the Public Health Service, the Director of the Centers for Disease Control and Prevention, and such other representatives of offices and agencies of the Department of Health and Human Services as the Secretary determines appropriate. ``(e) Underserved Areas and Populations.--In designing the public awareness campaign under this section, the Secretary shall-- ``(1) take into account the special needs of geographic areas and racial, ethnic, gender, age, and other demographic groups that are currently underserved; and ``(2) provide resources that will reduce disparities in access to appropriate diagnosis, assessment, and treatment. ``(f) Grants and Contracts.--The Secretary may make awards of grants, cooperative agreements, and contracts to public agencies and private nonprofit organizations to assist with the development and implementation of the public awareness campaign under this section. ``(g) Evaluation and Report.--Not later than the end of fiscal year 2011, the Secretary shall prepare and submit to the Congress a report evaluating the effectiveness of the public awareness campaign under this section in educating the general public with respect to the matters described in subsection (b). ``(h) Authorization of Appropriations.--For purposes of carrying out this section, there are authorized to be appropriated $2,000,000 for fiscal year 2009 and $4,000,000 for each of fiscal years 2010 and 2011.''. Passed the House of Representatives September 24, 2008. Attest: LORRAINE C. MILLER, Clerk. | National Pain Care Policy Act of 2008 - (Sec. 2) Requires the Secretary of Health and Human Services to seek to enter into an agreement with the Institute of Medicine to convene a Conference on Pain to: (1) increase the recognition of pain as a significant public health problem in the United States; (2) evaluate the adequacy of assessment, diagnosis, treatment, and management of acute and chronic pain in the general population and in identified demographics groups that may be disproportionately affected by inadequacies; (3) identify barriers to appropriate pain care; and (4) establish an agenda for action to reduce such barriers and significantly improve the state of pain care research, education, and clinical care in the United States. Allows the Secretary to enter into an agreement with another appropriate entity if the Institute of Medicine declines. Requires a report summarizing the Conference's findings and recommendations to be submitted to Congress. Authorizes appropriations for FY2009-FY2010. (Sec. 3) Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH) to continue and expand, through the Pain Consortium, an aggressive program of basic and clinical research on the causes of and potential treatments for pain. Requires the Pain Consortium to develop and submit to the Director of NIH recommendations on appropriate pain research initiatives that could be undertaken with funds available for such initiatives. Requires the Secretary to establish the Interagency Pain Research Coordinating Committee to coordinate all efforts within Department of Health and Human Services (HHS) and other federal agencies that relate to pain research. Directs the Committee to: (1) develop a summary of advances in federal pain care research relevant to the diagnosis, prevention, and treatment of pain and diseases and disorders associated with pain; and (2) identify critical gaps in basic and clinical research on the symptoms and causes of pain. Requires the Secretary to review the necessity of the Committee at least once every two years. (Sec. 4) Allows the Secretary to make awards of grants, cooperative agreements, and contracts to health professions schools, hospices, and other public and private entities for the development and implementation of programs to provide education and training to health care professionals in pain care. Sets forth information and education that must be included in the program as a condition for receiving a grant. (Sec. 5) Requires the Secretary to establish and implement a national pain care education outreach and awareness campaign to educate consumers, patients, their families, and other caregivers with respect to: (1) the incidence and importance of pain as a national public health problem; (2) the adverse physical, psychological, emotional, societal, and financial consequences that can result if pain is not appropriately assessed, diagnosed, treated, or managed; (3) the availability, benefits, and risks of all pain treatment and management options; and (4) having pain promptly assessed, appropriately diagnosed, treated, and managed and regularly reassessed with treatment adjusted as needed. Requires the Secretary, in designing such campaign, to: (1) take into account the special needs of geographic areas and underserved demographic groups; and (2) provide resources that will reduce disparities in access to appropriate diagnosis, assessment, and treatment. Authorizes appropriations for FY2009-FY2011. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``School And Family Education about the Internet Act of 2009'' or the ``SAFE Internet Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) The Internet is an invaluable tool that is critical to the ability of the Nation to compete in a global economy. The Internet provides instant access to research and boundless information, and establishes digital connections between individuals around the world. (2) About 93 percent of youth ages 12 through 17 years are online and nearly 45 percent of children ages 3 to 11 years will use the Internet on a monthly basis in 2009. Eighty-nine percent of youth 13 through 19 years of age have a profile on social-networking sites. Eighty percent of teens 13 through 17 years of age use cell phones, most of which have built-in cameras. (3) Internet safety education, coupled with technology tools, is the most effective way to resolve and prevent the problems and dangers relating to misuse of the Internet and other new media. (4) According to an empirical study of 1,379 fourth grade students in Virginia, the first State to mandate Internet safety education in its schools, the students improved their responses to 8 of 10 questions after completing an Internet safety education program, especially in 2 major areas, uncomfortable content and cyberbullying. (5) As a result of the enactment of the Children's Internet Protection Act (Public Law 106-554; 114 Stat. 2763A-336) in 2000, which mandated that schools implement Internet safety policies and technology protection measures to receive E-Rate funding, most schools have developed acceptable use policies and implemented filtering and other technology-based solutions to help protect children. (6) Most elementary and secondary school educators have received little or no professional development training on Internet safety. As a result, many students receive little or no education on safe, responsible, and ethical use of Internet and other new media. (7) The widespread use of the Internet, cell phones, interactive gaming, and other electronic communication devices by children both inside and outside of school suggest that acceptable use policies and filtering alone cannot resolve Internet safety concerns, and that a greater focus on education would be beneficial. (8) In a national poll on children's health, parents ranked Internet safety fifth among their top health concerns for children. Educating parents about Internet safety is key to empowering them to understand actual risks and to take an active role in protecting their children. (9) The problem of online harassment or cyberbullying of youth by other youths is widespread, and results in a range of children's experiences from minor irritation to severe emotional harm. The Bureau of Justice Statistics has found that online harassment tends to begin in third and fourth grade, peaks in seventh and eighth grade, and continues in reduced amounts throughout high school, college, and professional schools. (10) Young people face greater risks in the form of electronic aggression and sexual solicitation from other young people known to them than from strangers. (11) Gang members increasingly are using the Internet as a recruitment tool to entice would-be members and as an intimidation tool to threaten rival gangs. Gang members use the Internet in particular to promote their message. (12) More research is needed in several areas of youth online safety, including-- (A) minor-to-minor solicitation to use the Internet in an inappropriate manner; (B) the creation of problematic content by youths; (C) lesbian, gay, bisexual, and transgender youth and youth with disabilities who may be particularly vulnerable; (D) the interplay between socioeconomic class and risk factors; (E) the role that pervasive digital image and video capture devices play in harassment of youth by other youth and youth production of problematic content; (F) the intersection of different mobile and Internet-based technologies; and (G) the online activities of registered sex offenders. (b) Purposes.--The purposes of this Act are to-- (1) facilitate research and identify best practices in Internet safety education; and (2) establish a competitive grant program for State educational agencies, local educational agencies, and nonprofit organizations to promote Internet safety education in the community. SEC. 3. DEFINITIONS. In this Act: (1) Applicable agency heads.--The term ``applicable agency heads'' means the Director, with the concurrence of the Secretary of Education and the Secretary of Health and Human Services. (2) Director.--The term ``Director'' means the Director of the Bureau of Justice Assistance. (3) Eligible entity.--The term ``eligible entity'' means-- (A) a partnership between a State educational agency and 1 or more local educational agencies (as those terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)) of the State; (B) a local educational agency; (C) a nonprofit organization; or (D) a consortium of elementary schools or secondary schools (as those terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)) collaborating with an entity described in subparagraph (A), (B), or (C). (4) Grant guidance.--The term ``grant guidance'' means the grant guidance issued under section 4(e)(1). (5) Internet safety education program.--The term ``Internet safety education program'' means an age-appropriate, research- based program that encourages safe, ethical, and responsible use of the Internet, promotes an informed, critical understanding of the Internet, and educates children and communities about how to prevent or respond to problems or dangers related to the Internet or new media. (6) New media.--The term ``new media''-- (A) means emerging digital, computerized, or networked information and communication technologies that often have interactive capabilities; and (B) includes e-mail, instant messaging, text messaging, websites, blogs, interactive gaming, social media, cell phones, and mobile devices. (7) Nonprofit.--The term ``nonprofit'' means that a person is an organization that is described in section 501(c) of the Internal Revenue Code of 1986, and exempt from tax under section 501(a) of that Code. SEC. 4. GRANT PROGRAM. (a) Authority To Make Grants.-- (1) In general.--Subject to subsection (e)(1), the Director, after consultation with the Secretary of Education and the Secretary of Health and Human Services, may make grants to eligible entities to carry out an Internet safety education program and other activities relating to Internet safety. (2) Period.--A grant under this section shall be for a 2- year period. (b) Application.--An eligible entity desiring a grant under this section shall submit an application to the Director, which shall include-- (1) a description of the partnership arrangements, if any, of the eligible entity relating to the activities to be carried out with the grant; (2) a description of the measurable goals of the eligible entity relating to the activities to be carried out with the grant; (3) a description of how the Internet safety education program of the eligible entity shall achieve the measurable goals described in paragraph (2); (4) a description of the plan of the eligible entity to continue to implement the Internet safety education program after the grant under this section ends; (5) a description of how funds under the grant may be used and coordinated with Internet safety education programs being carried out on the date of enactment of this Act or other Internet safety education programs established with grants under this section; (6) a description of the demographics of the individuals that shall be targeted under the proposed Internet safety education program; and (7) any other information or assurances required by the Director. (c) Prioritization.--In making grants under this section, the Director shall give priority to an eligible entity that-- (1) is comprised of a partnership between 1 or more nonprofit groups and education agencies; (2) identifies and targets at-risk children; (3) works in partnership with the private sector, law enforcement, the philanthropic community, the media, researchers, social services organizations, or other community- based groups; (4) provides Internet safety education programs at no cost to students or schools; (5) accommodates different languages and language proficiencies; (6) accommodates differing levels of technological sophistication; or (7) has a viable plan to sustain the Internet safety education program after the grant program ends. (d) Use of Funds.--An eligible entity may use a grant under this section to-- (1) identify, develop, and implement Internet safety education programs, including educational technology, multimedia and interactive applications, online resources, and lesson plans; (2) provide professional training to elementary and secondary teachers, administrators, and other staff on Internet safety and new media literacy; (3) develop online-risk prevention programs for children; (4) train and support peer-driven Internet safety education initiatives; (5) coordinate and fund research initiatives that investigate online risks to children and Internet safety education; (6) develop and implement public education campaigns to promote awareness of online risks to children and Internet safety education; (7) educate parents about teaching their children how to use the Internet and new media safely, responsibly, and ethically and help parents identify and protect their children from risks relating to use of the Internet and new media; or (8) carry out any other activity approved by the Director. (e) Grant Guidance.-- (1) In general.--Before making grants under this section, and not later than 1 month after the date on which the study under paragraph (3)(A) is completed, the applicable agency heads, in consultation with education groups, Internet safety groups, and other relevant experts in the field of new media, shall issue detailed guidance for the grant program under this section. (2) Contents of guidance.--The grant guidance shall be in accordance with best practices relating to Internet education and the research-based recommendations derived from the study conducted under paragraph (3)(A). (3) Internet safety research.-- (A) Initial research.--The applicable agency heads shall enter into contracts with one or more private companies, government agencies, or nonprofit organizations to complete a study, not later than 3 months after the date of enactment of this Act, regarding-- (i) the nature and prevalence of Internet safety education programs and any evidence- based research conducted relating to the programs; (ii) findings regarding at-risk children; (iii) gaps in Internet safety education and youth online risk research; and (iv) any other area determined appropriate by the applicable agency heads. (B) Additional research.--Subject to the availability of appropriations, the applicable agency heads shall enter into contracts with private companies, government agencies, or nonprofit organizations to conduct additional research regarding the issues described in subparagraph (A). Any research conducted under this subparagraph shall be included in the reports under subsection (g)(3). (f) Technical Assistance.--The applicable agency heads shall provide technical assistance to eligible entities that receive a grant under this section, which may include maintaining a website to facilitate outreach and communication among the eligible entities that receive a grant under this section. (g) Reports.-- (1) By eligible entities.--An eligible entity that receives a grant under this section shall issue publically an annual report regarding the activities carried out using funds made available under the grant, which shall include-- (A) a description of how the eligible entity implemented the Internet safety education program carried out with the grant; (B) the number and demographic characteristics of the individuals reached; (C) an analysis of whether and to what degree the goals for the Internet safety education program were met; and (D) an analysis of the challenges, if any, that interfered with achieving the goals described in subparagraph (C). (2) Compilation of annual reports for revised grant guidance.--The applicable agency heads shall-- (A) review the report under paragraph (1) issued by each eligible entity that receives a grant under this section during the first fiscal year for which grants under this section are made; and (B) not later than 6 months after the date on which all reports described in subparagraph (A) are issued, modify the grant guidance based on the reports. (3) Reports to congress.--Not later than 27 months after the date on which the Director makes the first grant under this section, and annually thereafter, the applicable agency heads shall submit to Congress a report regarding the grant program under this section, which shall include-- (A) a compilation of the information and findings of the annual reports issued under paragraph (1); (B) the findings and conclusions of the applicable agency heads, including findings and conclusions relating to the effectiveness of Internet safety education programs carried out using a grant under this section; and (C) best practices identified by the applicable agency heads relating to Internet safety education. (h) Authorization of Appropriations.--There is authorized to be appropriated to the Director to carry out this section $35,000,000 for each of fiscal years 2010 through 2014. Of amounts made available to carry out this section, not more than 5 percent shall be available to carry out subsections (e), (f), and (g)(2). | School And Family Education about the Internet Act of 2009 or the SAFE Internet Act - Authorizes the Director of the Bureau of Justice Assistance to make grants to eligible entities to carry out an age-appropriate, research-based Internet safety education program and other activities relating to Internet safety. Defines "eligible entity" as: (1) a local educational agency, a nonprofit organization, or a partnership between a state educational agency and one or more local educational agencies; or (2) a consortium of elementary schools or secondary schools collaborating with such an entity. Requires the Director, with the concurrence of the Secretary of Education and the Secretary of Health and Human Services (HHS) to: (1) enter into contracts with one or more private companies, government agencies, or nonprofit organizations to complete a study on Internet safety; and (2) provide technical assistance to recipients of such grants. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Community Partner Relief Act of 2010''. SEC. 2. MATCHING REQUIREMENTS UNDER SMALL BUSINESS PROGRAMS. (a) Microloan Program.--Section 7(m) of the Small Business Act (15 U.S.C. 636(m)) is amended-- (1) in paragraph (3)(B)-- (A) by striking ``As a condition'' and inserting the following: ``(i) In general.--Subject to clause (ii), as a condition''; (B) by striking ``the Administration'' and inserting ``the Administrator''; and (C) by adding at the end the following: ``(ii) Waiver of non-federal share.-- ``(I) In general.--Upon request by an intermediary, and in accordance with this clause, the Administrator may waive, in whole or in part, the requirement to obtain non-Federal funds under clause (i) for a fiscal year. The Administrator may not waive the requirement for an intermediary to obtain non-Federal funds under this clause for more than a total of 2 fiscal years. ``(II) Considerations.--In determining whether to waive the requirement to obtain non-Federal funds under this clause, the Administrator shall consider-- ``(aa) the economic conditions affecting the intermediary; ``(bb) the impact a waiver under this clause would have on the credibility of the microloan program under this subsection; ``(cc) the demonstrated ability of the intermediary to raise non-Federal funds; and ``(dd) the performance of the intermediary. ``(III) Limitation.--The Administrator may not waive the requirement to obtain non-Federal funds under this clause if granting the waiver would undermine the credibility of the microloan program under this subsection.''; and (2) in paragraph (4)(B)-- (A) by striking ``As a condition'' and all that follows through ``the Administration shall require'' and inserting the following: ``(i) In general.--Subject to clause (ii), as a condition of a grant made under subparagraph (A), the Administrator shall require''; and (B) by adding at the end the following: ``(ii) Waiver of non-federal share.-- ``(I) In general.--Upon request by an intermediary, and in accordance with this clause, the Administrator may waive, in whole or in part, the requirement to obtain non-Federal funds under clause (i) for a fiscal year. The Administrator may not waive the requirement for an intermediary to obtain non-Federal funds under this clause for more than a total of 2 fiscal years. ``(II) Considerations.--In determining whether to waive the requirement to obtain non-Federal funds under this clause, the Administrator shall consider-- ``(aa) the economic conditions affecting the intermediary; ``(bb) the impact a waiver under this clause would have on the credibility of the microloan program under this subsection; ``(cc) the demonstrated ability of the intermediary to raise non-Federal funds; and ``(dd) the performance of the intermediary. ``(III) Limitation.--The Administrator may not waive the requirement to obtain non-Federal funds under this clause if granting the waiver would undermine the credibility of the microloan program under this subsection.''. (b) Women's Business Center Program.--Section 29(c) of the Small Business Act (15 U.S.C. 656(c)) is amended-- (1) in paragraph (1), by striking ``As a condition'' and inserting ``Subject to paragraph (5), as a condition''; and (2) by adding at the end the following: ``(5) Waiver of non-federal share relating to technical assistance and counseling.-- ``(A) In general.--Upon request by a recipient organization, and in accordance with this paragraph, the Administrator may waive, in whole or in part, the requirement to obtain non-Federal funds under this subsection for the technical assistance and counseling activities of the recipient organization carried out using financial assistance under this section for a fiscal year. The Administrator may not waive the requirement for a recipient organization to obtain non- Federal funds under this paragraph for more than a total of 2 fiscal years. ``(B) Considerations.--In determining whether to waive the requirement to obtain non-Federal funds under this paragraph, the Administrator shall consider-- ``(i) the economic conditions affecting the recipient organization; ``(ii) the impact a waiver under this clause would have on the credibility of the women's business center program under this section; ``(iii) the demonstrated ability of the recipient organization to raise non-Federal funds; and ``(iv) the performance of the recipient organization. ``(C) Limitation.--The Administrator may not waive the requirement to obtain non-Federal funds under this paragraph if granting the waiver would undermine the credibility of the women's business center program under this section.''. | Small Business Community Partner Relief Act of 2010 - Amends the Small Business Act relating to the Microloan program (loans to intermediaries to provide small-scale loans to startup, newly-established, and growing small businesses) to authorize the Administrator of the Small Business Administration (SBA), at the request of a loan intermediary, to waive the requirement that the intermediary obtain a percentage of the loan amount in cash or in-kind contributions from non-federal sources. Allows such waiver for up to two years. Provides conditions to be considered by the Administrator in determining whether to exercise such waiver, including economic conditions affecting the intermediary as well as the impact the waiver would have on the program. Provides an identical waiver, with the same conditions, with respect to: (1) grants made to intermediaries for small business marketing, management, and technical assistance; and (2) the SBA's women's business center program. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Fort Reno Mineral Leasing Act''. SEC. 2. DEFINITIONS. In this Act: (1) Board of regents.--The term ``Board of Regents'' means the Board of Regents of the University of Oklahoma. (2) Fort reno historic district.--The term ``Fort Reno Historic District'' means the former military installation at El Reno, Oklahoma, as depicted on the map, that-- (A) includes land and facilities listed on the National Register of Historic Places in June 1970; and (B) is administered by the Secretary as part of the Fort Reno Management Area. (3) Fort reno management area.--The term ``Fort Reno Management Area'' means the approximately 6,737 acres of Federal land, including Fort Reno and the Park, as depicted on the map. (4) Fund.--The term ``Fund'' means the Fort Reno Management Fund established by section 4(a). (5) Map.--The term ``map'' means the map entitled ``Fort Reno Management Area'' and dated September 2005. (6) Park.--The term ``Park'' means the approximately 24.3 acres of land in the State of Oklahoma known as the ``Fort Reno Science Park'', as generally depicted on the map. (7) Park instrument.-- (A) In general.--The term ``Park instrument'' means an instrument covering an agreement between the Department of Agriculture and the Board of Regents relating to the use of the Park. (B) Inclusions.--The term ``Park instrument'' includes-- (i) the master memorandum of understanding, dated August 19, 1998; (ii) the supplements numbered 1 and 2, dated January 19, 1999; (iii) the easement, dated January 19, 1999; (iv) the amended easement deed, dated February 24, 2004; (v) a special warranty deed, dated May 29, 2001; and (vi) a memorandum of agreement, dated February 24, 2004. (8) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. FORT RENO MANAGEMENT AREA. (a) Authorization by Congress Required for Declaration as Excess or Surplus Property or Conveyance.--Notwithstanding any other provision of law, the Fort Reno Management Area, without specific authorization by Congress, shall not, in whole or part-- (1) be declared to be excess or surplus Federal property under subtitle I of title 40, United States Code; (2) be conveyed; or (3) be transferred to the administrative jurisdiction of any other Federal agency. (b) Mineral Leasing.-- (1) In general.--Notwithstanding the provisions of the first section of the Mineral Leasing Act of 1920 (30 U.S.C. 181) excluding Federal land in incorporated cities from mineral leasing, the Secretary may provide for mineral leasing at the Fort Reno Management Area in accordance with that Act, subject to such terms and conditions as the Secretary of Agriculture determines to be appropriate to preserve and protect historic properties and ongoing and prospective research activities. (2) Environmental analyses.--After the date of enactment of this Act, no further administrative or environmental analyses shall be required for the leasing and development of minerals at the Fort Reno Management Area. (c) Availability of Map.--The map shall be on file and available for public inspection in-- (1) the office of the Administrator of the Agricultural Research Center; and (2) the office of the Director of the Grazinglands Research Laboratory in El Reno, Oklahoma. (d) Effect.--Nothing in this section precludes the Secretary of Agriculture from granting utilities or access easements for, or issuing temporary permits for the use of, the Fort Reno Management Area. SEC. 4. FORT RENO MANAGEMENT FUND. (a) Establishment.--There is established in the Treasury of the United States a revolving fund, to be known as the ``Fort Reno Management Fund'', consisting of-- (1) such amounts as are appropriated to the Fund under subsection (b); (2) such amounts as are deposited under section 6(b)(1)(B); and (3) any interest earned on investment of amounts in the Fund under subsection (d). (b) Transfers to Fund.--Notwithstanding section 35 of the Mineral Leasing Act (30 U.S.C. 191), there are appropriated to the Fund amounts equivalent to amounts received in the Treasury as proceeds from the leasing of mineral resources at the Fort Reno Management Area under section 3(b). (c) Expenditures From Fund.-- (1) In general.--On request by the Secretary of Agriculture, the Secretary of the Treasury shall transfer from the Fund to the Administrator of the Agricultural Research Service-- (A) such amounts as the Administrator determines are necessary, but not more than a total of $22,000,000, to provide, with respect to the Fort Reno Historic District-- (i) the restoration, maintenance, and management of historic buildings and facilities; (ii) the interpretation, education, and visitor services and related activities in connection with historic buildings and facilities; (iii) the provision and maintenance of facilities for utilities, waste management, streets, visitor parking, and other improvements necessary or desirable for providing public and administrative services; and (iv) to reimburse the Secretary for the costs of administering a mineral leasing program for the Fort Reno Management Area under section 3(b). (B) not more than $250,000 for each fiscal year, as adjusted under paragraph (4), to be deposited in a repair and maintenance fund established by the Secretary of Agriculture for the Fort Reno Historic District. (2) Reduction of national debt.--Any amounts remaining in the Fund after the transfers are made under subparagraphs (A) and (B) of paragraph (1) shall be used to reduce the debt of the United States. (3) Consultation.--In making expenditures from the Fund under clauses (i), (ii), and (iii) of paragraph (1)(A), the Administrator of the Agricultural Research Service shall consult with-- (A) Historic Fort Reno, Inc., (or any successors or assigns); and (B) the Oklahoma State Historic Preservation Officer. (4) Inflation adjustment.--For each fiscal year, the amount specified in paragraph (1)(B) shall be increased by 4 percent. (d) Investment of Amounts.-- (1) In general.--The Secretary of the Treasury shall invest such portion of the Fund as is not, in the judgment of the Secretary of the Treasury, required to meet current withdrawals. (2) Interest-bearing obligations.--Investments may be made only in interest-bearing obligations of the United States. (3) Acquisition of obligations.--For the purpose of investments under paragraph (1), obligations may be acquired-- (A) on original issue at the issue price; or (B) by purchase of outstanding obligations at the market price. (4) Sale of obligations.--Any obligation acquired by the Fund may be sold by the Secretary of the Treasury at the market price. (5) Credits to fund.--The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund. (e) Transfers of Amounts.-- (1) In general.--The amounts required to be transferred to the Fund under this section shall be transferred at least monthly from the general fund of the Treasury to the Fund on the basis of estimates made by the Secretary of the Treasury. (2) Adjustments.--Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. SEC. 5. RATIFICATION OF FORT RENO SCIENCE PARK INSTRUMENT. (a) In General.--The Park instrument is ratified. (b) Amendments.--The Park instrument may only be amended or revoked if the parties to the Park instrument agree to the amendment or revocation. SEC. 6. LEASING AUTHORITY. (a) In General.--The Secretary of Agriculture may-- (1) lease to any person or entity any property at the Fort Reno Management Area, subject to any terms and conditions that the Secretary of Agriculture determines to be in the public interest; (2)(A) if the Board of Regents agrees to the conversion, convert to a lease, for no additional consideration, the easements to the Park referred to in section 2(5)(B); and (B) extend the lease converted under subparagraph (A), subject to any terms and conditions that the Secretary of Agriculture and the Board of Regents agree to, including terms and conditions that provide that-- (i) the initial term of the lease shall expire on February 3, 2049; and (ii) the lease may be renewable for additional 20- year terms. (b) Special Terms and Conditions.-- (1) Consideration.-- (A) In general.--Subject to any terms and conditions that the parties to the lease agree to, consideration for a lease under subsection (a)(1) may be in the form of-- (i) conveyance to the Secretary of Agriculture of title to any non-Federal structures of, or improvements to, the Fort Reno Management Area; (ii) repairs or renovations to structures of, or improvements to, the Fort Reno Management Area, that are conducted before or after the lease is entered into; (iii) cash; or (iv) a combination of any of the forms of consideration described in clauses (i) through (iii). (B) Disposition in fund.--Any amount received as consideration for a lease under subparagraph (A) shall be deposited in the Fund. (2) Term.-- (A) In general.--Except as provided in subsection (a)(2)(B) and subparagraph (B), the term of any lease shall be for not more than 20 years. (B) Renewal.--Notwithstanding subparagraph (A), a lease may be renewed at the option of the parties, subject to any terms and conditions that-- (i) the Secretary of Agriculture determines to be in the public interest; and (ii) are agreed to by the parties to the lease. SEC. 7. EFFECT. (a) In General.--Nothing in this Act limits or modifies the authority of the Secretary of Agriculture-- (1) to conduct research activities at the Fort Reno Management Area; or (2) to manage the Federal land under the jurisdiction of the Secretary of Agriculture for research purposes. (b) Grazinglands Research Laboratory.--Designation of the Federal land at El Reno, Oklahoma, as the Fort Reno Management Area does not affect the name or operations of the Grazinglands Research Laboratory. | Fort Reno Mineral Leasing Act - Requires a specific authorization by Congress as prerequisite to the Fort Reno Management Area being: (1) declared to be excess or surplus federal property; (2) conveyed; or (3) transferred to the administrative jurisdiction of any other federal agency. Authorizes the Secretary of the Interior to provide for mineral leasing at the Fort Reno Management Area. States that no further administrative or environmental analyses shall be required for the leasing and development of minerals at the Fort Reno Management Area after enactment of this Act. Establishes the Fort Reno Management Fund as a revolving fund in the Treasury. Transfers to it proceeds received in the Treasury from the leasing of mineral resources at the Fort Reno Management Area. Requires the Administrator of the Agricultural Research Service, when making expenditures from the Fund, to consult with the Historic Fort Reno, Inc., and the Oklahoma State Historic Preservation Officer. Ratifies the Fort Reno Science Park Instrument. Sets forth the leasing authority of the Secretary of Agriculture with regard to the Area, including lease conversion and extension. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``American Promise Act of 2017''. SEC. 2. ADJUSTMENT OF STATUS FOR CERTAIN NON-IMMIGRANT NATIONALS GRANTED TEMPORARY PROTECTED STATUS OR DEFERRED ENFORCED DEPARTURE. Title II of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting after section 244 the following (and amending the table of contents accordingly): ``SEC. 244A. ADJUSTMENT OF STATUS FOR CERTAIN NATIONALS IN RECEIPT OF TEMPORARY PROTECTED STATUS OR DEFERRED ENFORCED DEPARTURE. ``(a) In General.--The status of any alien described in subsection (c) shall be adjusted by the Secretary of Homeland Security to that of an alien lawfully admitted for permanent residence, if the alien-- ``(1) applies for such adjustment within 3 years after the date of enactment of this section; ``(2) is determined to be admissible to the United States for permanent residence; and ``(3) meets the criteria established under subsection (c) ``(b) Certain Grounds for Inadmissibility Inapplicable.-- ``(1) In general.--For purposes of determining admissibility under subsection (a)(2), the grounds for inadmissibility specified in paragraphs (4), (5), (6)(A), and (7)(A) of section 212(a) of the Immigration and Nationality Act shall not apply. ``(2) Additional waiver for individual aliens.--The Secretary may waive any other provision of section 212(a) in the case of an individual alien for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest. ``(c) Aliens Eligible for Adjustment of Status.--An alien shall be eligible for adjustment of status if the alien-- ``(1) is a national of a country (or part of a country) with a designation under 244(b) of the Immigration and Nationality Act during the period specified in section 244(b)(2) and who was granted temporary protected status, or was otherwise eligible for temporary protected status, on or before October 1, 2017, or has been granted Deferred Enforced Departure (hereinafter in this section referred to as `DED') on or before October 1, 2017; and ``(2) has been continuously physically present in the United States for a period of not less than 3 years since the effective date of this Act's enactment. ``(d) Waiver Authorized.--Notwithstanding any provision of the Immigration and Nationality Act, an alien who fails to meet the continuous physical presence requirement under paragraph (2) of subsection (c) shall be considered eligible for status adjustment as provided in this section if the Attorney General or the Secretary determines that the removal of the alien from the United States would result in extreme hardship to the alien, their spouse, their children, their parents, or their domestic partner. ``(e) Effect of Application on Certain Orders.--An alien present in the United States who has been ordered removed or has been granted voluntary departure from the United States may, notwithstanding such order, apply for adjustment of status under this section. Such alien shall not be required to file a separate motion to reopen, reconsider, or vacate the order of removal. If the Secretary approves the application, the Secretary shall cancel the order of removal. If the Secretary renders a final administrative decision to deny the application, the order of removal shall be effective and enforceable to the same extent as if the application had not been made. ``(f) Work Authorization.--The Secretary shall authorize an alien who has applied for adjustment of status under this section to engage in employment in the United States during the pendency of such application and shall provide the alien with an appropriate document signifying authorization of employment. ``(g) Adjustment of Status for Certain Family Members.-- ``(1) In general.--The status of an alien shall be adjusted by the Secretary to that of an alien lawfully admitted for permanent residence if the alien-- ``(A) is the spouse, parent, or unmarried son or daughter of an alien whose status is adjusted under this section; ``(B) applies for adjustment under this section within 3 years after the date of enactment of this Act; and ``(C) is determined to be admissible to the United States for permanent residence. ``(2) Certain grounds for inadmissibility inapplicable.-- For purposes of determining admissibility under subsection (g)(1)(C), the grounds for inadmissibility specified in paragraphs (4), (5), (6)(A), and (7)(A) of section 212(a) shall not apply. ``(h) Availability of Administrative Review.--The Secretary shall provide to aliens applying for adjustment of status under this section the same right to, and procedures for, administrative review as are provided to-- ``(1) applicants for adjustment of status under section 245; or ``(2) aliens subject to removal proceedings under section 240. ``(i) No Offset in Number of Visas Available.--The granting of adjustment of status under this section shall not reduce the number of immigrant visas authorized to be issued under any provision of the Immigration and Nationality Act. ``(j) Treatment of Brief, Casual, and Innocent Departures and Certain Other Absences.--An alien who has failed to maintain the 3-year continuous physical presence requirement under subsection (c) because of brief, casual, and innocent departures or, emergency travel, or extenuating circumstances outside of the control of the alien, shall not be considered to have failed to maintain continuous physical presence in the United States. ``(k) Rule of Construction.--Nothing in this Act shall be construed to include aliens (as a class or individual basis) from previously designated countries that no longer have valid temporary protected status designation under section 244(b), or aliens who no longer have a valid deferred enforced departure status, unless such designated status or previously deferred enforced departure expires on or after January 1, 2017. ``(l) Definitions.--In this section: ``(1) The term `domestic partner' means an adult of at least 18 years of age in a committed relationship with the alien applying for adjustment. A committed relationship is one in which the employee and the domestic partner of the employee are each other's sole domestic partner (and are not married to or domestic partners with anyone else) and share responsibility for a significant measure of each other's common welfare and financial obligations. This includes, but is not limited to, any relationship between two individuals of the same or opposite sex that is granted legal recognition by a State or by the District of Columbia as a marriage or analogous relationship (including, but not limited to, a civil union). ``(2) The term `provide for its repatriated citizens' means a country's ability to provide safety, and social safety net services, including preventive healthcare services, and housing. ``(3) The term `Deferred Enforced Departure' or `DED' refers to the presidential directive issued on September 28, 2016.''. SEC. 3. REPORTING REQUIREMENTS REGARDING FUTURE DISCONTINUED ELIGIBILITY OF ALIENS FROM COUNTRIES CURRENTLY LISTED UNDER TEMPORARY PROTECTED STATUS. (a) Additional Reporting Requirements.--Section 244(b)(3) of the Immigration and Nationality Act (8 U.S.C. 1254a(b)(3)) is amended by adding at the end, the following: ``(D) Report on terminations.--Within 3 days after the Attorney General's announcement, including by notice in the Federal Register, of a country's designation being terminated from Temporary Protected Status, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the House Judiciary Committee a report that includes-- ``(i) an explanation of the event or events that initially prompted a country's designation under temporary protected status; ``(ii) the progress the country has made in remedying the designation specified in clause (i), including any significant challenges or shortcomings that have not been addressed since the initial designation; ``(iii) an analysis, with applicable and relevant metrics as determined by the Secretary, of the country's ability to repatriate its nationals, including-- ``(I) the country's financial ability to provide for its repatriated citizens; ``(II) the country's financial ability to address the initial designation specified in clause (i) without foreign assistance; ``(III) the country's gross domestic product, gross domestic product per capita, and an analysis of the country's ability to be economically self-sufficient without foreign assistance; ``(IV) the economic and social impact repatriation of nationals in possession of temporary protected status would have on the recipient country; and ``(V) any additional metrics the Secretary deems necessary.''. SEC. 4. ADJUSTMENT OF RELATION OF PERIOD OF TEMPORARY PROTECTED STATUS TO CANCELLATION OF REMOVAL. Section 244(e) of the Immigration and Nationality Act (8 U.S.C.1254a(e)) is amended-- (1) by striking ``With respect to an alien'' and inserting the following: ``(1) In general.--With respect to an alien''; and (2) by adding at the end, the following: ``(2) Waiver for certain temporary protected status holders.--The provisions in subsection (e) shall not apply to an Alien who is eligible for adjustment of status pursuant to section 244A of the Immigration and Nationality Act.''. SEC. 5. ELIGIBILITY FOR NATURALIZATION. (a) In General.--Notwithstanding sections 319(b), 328, and 329 of the Immigration and Nationality Act (8 U.S.C. 1430(b), 1439, and 1440), an alien whose status is adjusted under section 244A of the Immigration and Nationality Act to that of an alien lawfully admitted for permanent residence may apply for naturalization under chapter 2 of title III of the Immigration and Nationality Act (8 U.S.C. 1421 et seq.) not earlier than 5 years after such adjustment of status. (b) Language Requirement Waiver.--Section 312(b)(2) of the Immigration and Nationality Act (8 U.S.C. 1423(b)(2)) is amended-- (1) in subparagraph (A), by adding ``or'' at the end; (2) in subparagraph (B), by striking the period and inserting ``; or''; and (3) by adding at the end the following: ``(C) is an alien in receipt of status adjustment under section 244A of the Immigration and Nationality Act.''. | American Promise Act of 2017 This bill amends the Immigration and Nationality Act to permit an alien who is in temporary protected status (TPS) or deferred enforced departure (DED) status to apply for legal permanent resident status if such alien: is eligible for permanent resident status, applies for adjustment within three years, was granted or was eligible for TPS or DED status on or before October 1, 2017, and has been continuously physically present in the U.S. for at least three years. (TPS designations permit eligible nationals of designated counties affected by armed conflict or natural disasters to temporarily reside and work in the United States. DED designations permit eligible nationals of presidentially-designated counties to be temporarily not subject to removal from the United States.) The bill: waives certain grounds of inadmissibility; authorizes the waiver of the continuous physical presence requirement if an alien's removal would cause extreme hardship to the alien or to the alien's spouse, children, parents, or domestic partner; authorizes an alien who has applied for status adjustment to work; and authorizes an alien who has been ordered removed or granted voluntary departure to apply for status adjustment. An alien's spouse, parent, or unmarried child shall have his or her status adjusted to legal permanent resident if such person is eligible for status adjustment and applies within three years. Aliens from countries that no longer have valid TPS designation and aliens who no longer have valid DED status are not included in this bill unless such TSP or DED status expires on or after January 1, 2017. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Trial and Experimental Studies Transparency Act of 2012'' or the ``TEST Act''. SEC. 2. EXPANDED CLINICAL TRIAL REGISTRY DATA BANK. (a) In General.--Section 402(j) of the Public Health Service Act (42 U.S.C. 282(j)) is amended-- (1) in paragraph (1)(A)-- (A) in clause (ii)-- (i) by amending subclause (I) to read as follows: ``(I) an interventional study of a device subject to section 510(k), 515, or 520(m) of the Federal Food, Drug, and Cosmetic Act, including any interventional study of a device conducted outside of the United States the results of which are submitted to the Secretary in support of a PMA (as such term is defined in section 814.3(e) of title 21, Code of Federal Regulations); a premarket notification required under section 510(k) of the Federal Food, Drug, and Cosmetic Act; or a HDE (as such term is defined in section 814.3(m) of title 21, Code of Federal Regulations).''; and (ii) in subclause (II)-- (I) by striking ``pediatric''; and (II) by inserting ``that involves data collection from human subjects'' before the period at the end; (B) by amending clause (iii) to read as follows: ``(iii) Applicable drug clinical trial.-- The term `applicable drug clinical trial' means an interventional study of a drug subject to section 505 of the Federal Food, Drug, and Cosmetic Act or to section 351 of this Act, including any interventional study of a drug conducted outside of the United States the results of which are submitted to the Secretary in support of-- ``(I) an IND (as such term is defined in section 312.3 of title 21, Code of Federal Regulations); ``(II) an application filed under subsection (b) or (j) of such section 505 of the Federal Food, Drug, and Cosmetic Act; or ``(III) an application for a license under section 351.''; (C) by redesignating clauses (iv) through (ix) as clauses (v) through (x), respectively; (D) after clause (iii), by inserting the following new clause: ``(iv) Interventional study.--For purposes of clauses (ii) and (iii), the term `interventional study' means a study in human beings in which individuals are assigned by an investigator, based on a protocol, to receive specific interventions to evaluate their effects on biomedical or health-related outcomes.''; and (E) in clause (vi), as redesignated by subparagraph (C)-- (i) in the heading, by inserting ``; primary completion date'' after ``date''; and (ii) by inserting ``, also referred to as `primary completion date','' before ``means''; (2) in paragraph (2)-- (A) in subparagraph (A)(ii)-- (i) by redesignating subclauses (II), (III), and (IV) as subclauses (III), (IV), and (V), respectively; (ii) by inserting after subclause (I) the following: ``(II) supporting documents, including-- ``(aa) consent documents used to enroll subjects into the trial, as approved by the Institutional Review Board or equivalent committee prior to the start of the trial; and ``(bb) protocol documents, as approved by the Institutional Review Board or equivalent committee prior to the start of the trial;''; and (iii) in subclause (IV), as so redesignated, in item (cc), by inserting ``(or, in the case of a location outside of the United States, other appropriate location information)'' after ``zip code''; (B) in subparagraph (C)(ii) by striking ``21 days after'' and inserting ``before''; and (C) by amending subparagraph (D) to read as follows: ``(D) Posting of data.--The Director of NIH shall ensure that clinical trial information for an applicable clinical trial submitted in accordance with this paragraph is posted publically in the registry data bank not later than 30 days after such submission is determined to meet the quality criteria established by the Director of NIH.''; (3) in paragraph (3)-- (A) in subparagraph (C)-- (i) by striking ``Not later than 1 year'' and all that follows through the colon and inserting ``Subject to subparagraph (2)(C), the Secretary shall include in the registry and results data bank the following elements for an applicable clinical trial:''; and (ii) by adding at the end the following new clause: ``(v) Supporting documents.--Final consent and protocol documents, including all dated amendments to the initial version of such documents, as approved by the Institutional Review Board or equivalent committee.''; (B) in subparagraph (D)-- (i) by striking clauses (ii) and (iv); (ii) in clause (iii)-- (I) by striking subclause (III); and (II) by redesignating subclause (IV) as subclause (III); and (iii) by redesignating-- (I) clause (iii) as clause (ii); and (II) clauses (v) through (vii) as clauses (iii) through (v), respectively; (C) in subparagraph (E)-- (i) by striking clauses (i) through (v) and inserting the following: ``(i) In general.--Except as provided in clauses (ii) and (iii), the responsible party for an applicable clinical trial shall submit to the Director of NIH for inclusion in the registry and results data bank the clinical trial information described in subparagraph (C) not later than 1 year after the primary completion date of such trial. ``(ii) Delayed submission of results with certification.--If the responsible party for an applicable clinical trial submits a certification that an applicable clinical trial involves a drug described in clause (iii) or a device described in clause (iv), the responsible party shall submit to the Director of NIH, for inclusion in the registry and results data bank, the clinical trial information described in subparagraphs (C) and (D) not later than the earliest of the following: ``(I) The later of-- ``(aa) 30 days after the drug or device is approved, licensed, or cleared, as applicable; or ``(bb) 1 year after the primary completion date of the applicable clinical trial. ``(II) The date that is 2 years after the primary completion date of the applicable clinical trial. ``(iii) Drug described.--A drug described in this clause is a drug that contains an active ingredient, including any ester or salt, that has not been an ingredient in a drug approved in any other application under section 505 of the Federal Food, Drug, and Cosmetic Act or licensed for any use under section 351 of this Act. ``(iv) Device described.--A device described in this clause is a device that has not been approved or cleared for any use under section 510(k) or under section 515 or 520(m) of the Federal Food, Drug, and Cosmetic Act.''; (ii) by redesignating clause (vi) as clause (v); and (iii) by adding at the end the following: ``(vi) Public postings related to delays and extensions.--Information submitted by the responsible party as part of a certification for delayed submission of results submitted under clause (ii) or a request for extension submitted under clause (v) shall be posted publically in the registry data bank.''; (D) by striking subparagraph (F); (E) by redesignating subparagraphs (G) through (I) as subparagraphs (F) through (H), respectively; and (F) in subparagraph (F), as so redesignated, by inserting before the period at the end the following: ``is determined to meet the quality criteria established by the Director of NIH''; and (4) in paragraph (4)(B)-- (A) in clause (i)(II), by striking ``(3)(E)(iii)'' and inserting ``(3)(E)(ii)''; and (B) in clause (ii)(II)-- (i) by striking ``by both''; and (ii) by striking ``and paragraph (3)(D)(ii)(II))''. (b) Implementation.--The Secretary of Health and Human Services shall implement the amendments made by subsection (a) not later than 6 months after the date of enactment of this Act. SEC. 3. REPORTING REQUIREMENT. Not later than 2 years after the date of the enactment of this Act, and annually thereafter, the Director of the National Institutes of Health and the Commissioner of the Food and Drug Administration shall each submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report that includes the following: (1) Based on information that is readily available in the data bank described in section 402(j) of the Public Health Service Act (42 U.S.C. 282(j))-- (A) the number of trials that the Director or Commissioner, as applicable, has identified as trials that are likely to be subject to the reporting requirements of such section; (B) of the trials identified under subparagraph (A), the estimated numbers and percentages of such trials-- (i) that have complete registration information; and (ii) that have met the result reporting requirements of section 402(j) of the Public Health Service Act; and (C) whether results of the trials have been submitted by the responsible party by the due dates outlined in section 402(j) of the Public Health Service Act and, if not, whether certifications for delayed submission of such results, or requests for extensions, have been submitted by the responsible party. For purposes of this paragraph, the Secretary may use an algorithm or other technique for efficiently reviewing large amounts of data. (2) A description of any actions taken to consult with other Federal agencies under 402(j)(5)(A)(iv) of the Public Health Service Act. (3) In the case of a report submitted by the Commissioner of the Food and Drug Administration, a description of any enforcement actions taken for violations of section 301(jj) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331(jj)), including-- (A) warning letters or fines imposed related to reporting requirements; and (B) any inquiries made to responsible parties to inform those parties of any potential enforcement action. (4) In the case of a report submitted by the Director of the National Institutes of Health, a description of any actions taken to withhold grant funds from responsible parties that are not compliant with the requirements of this section as indicated in 402(j)(5)(A) of the Public Health Service Act. SEC. 4. RULEMAKING RELATED TO FOREIGN CLINICAL STUDIES. (a) Drugs.--Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall issue final regulations to amend section 312.120 of title 21, Code of Federal Regulations (relating to foreign clinical studies not conducted under an IND) to require that clinical trial information for such a foreign clinical study be submitted for inclusion in the registry and results data bank in accordance with section 402(j) of the Public Health Service Act (42 U.S.C. 282(j)), as amended by this Act, as a condition for the acceptance of such study as support for an IND (as such term is defined in section 312.3 of title 21, Code of Federal Regulations) or application for marketing approval (an application under section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) or section 351 of the Public Health Service Act (42 U.S.C. 262)). (b) Devices.--Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall issue final regulations (including regulations amending section 814.15 of title 21, Code of Federal Regulations (relating to research conducted outside the United States)) to require that clinical trial information for studies conducted outside the United States be submitted for inclusion in the registry and results data bank in accordance with section 402(j) of the Public Health Service Act (42 U.S.C. 282(j)), as amended by this Act, as a condition for the acceptance of such studies to support a PMA (as such term is defined in section 814.3(e) of title 21, Code of Federal Regulations), a premarket notification required under section 510(k) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360(k)), or HDE (as such term is defined in section 814.3(m) of title 21, Code of Federal Regulations). | Trial and Experimental Studies Transparency Act of 2012 [sic] or TEST Act - Amends the Public Health Service Act to expand the clinical trials that must be reported to the clinical trial registry data bank to include: (1) any interventional study of a drug, device, or biological product conducted outside of the United States the results of which are submitted to the Secretary of Health and Human Services (HHS) as support for approval of an application; and (2) postmarket surveillance of a class II or class III device that involves data collection from human subjects. Defines "interventional study" to mean a study in human beings in which individuals are assigned by an investigator, based on a protocol, to receive specific interventions to evaluate their effects on biomedical health-related outcomes. Requires submission to the data bank of supporting documents, including protocol documents and consent documents used to enroll subjects into the trial. Requires the responsible party for a clinical trial to submit clinical trial information to the data bank before the first patient is enrolled in the trial. Requires the Director of the National Institutes of Health (NIH) to post the information submitted to the data bank within 30 days after the submission is determined to meet the quality criteria established by the Director. Revises time frames for the reporting of results data to the clinical trial registry. Requires the Director and the Commissioner of Food and Drugs (FDA) to report on the number of clinical trials with information submitted to the registry and steps taken to enforce compliance with such reporting requirements. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Veteran Employment Through Technology Education Courses Act of 2017'' or the ``VET TEC Act of 2017''. SEC. 2. DEPARTMENT OF VETERANS AFFAIRS HIGH TECHNOLOGY PILOT PROGRAM. (a) Pilot Program.--The Secretary of Veterans Affairs shall carry out a pilot program under which the Secretary shall provide eligible veterans with the opportunity to enroll in high technology programs of education. (b) Eligibility.--For purposes of the pilot program under this section, an eligible veteran is a veteran who is entitled to educational assistance under the laws administered by the Secretary. (c) Contracts.-- (1) In general.--For purposes of carrying out subsection (a), by not later than 180 days after the date of the enactment of this Act, the Secretary shall, in consultation with the State approving agencies and as the Secretary considers applicable, seek to enter into contracts with multiple qualified providers of high technology programs of education for the provision of such programs to eligible veterans under the pilot program. (2) Payment of contractors.--A contract under this subsection shall provide that the Secretary shall pay to a provider-- (A) 25 percent of the cost of providing the program of education upon the enrollment of an eligible veteran in the program; (B) 25 percent of such cost upon the completion of the program by the veteran; and (C) 50 percent of such cost upon the employment of the veteran in a field related to the course of study, following completion of the program. (3) Qualified providers.--For purposes of the pilot program, a provider of a high technology program of education is qualified if the provider-- (A) has been operational for at least two years and has offered, for at least two years, the credential it plans to offer under the pilot program; (B) verifies, to the satisfaction of the Secretary, that each credential it plans to offer through the pilot program has demonstrated market value based on the employment and earnings of its participants in that program during the most recent two-year period; and (C) has the ability to evaluate job placement rates and earnings through means other than survey data or self-reported data, such as through agreements with State or Federal agencies. (4) Tuition reimbursement.--In entering into contracts to carry out the pilot program, the Secretary shall give preference to a qualified provider that offers tuition reimbursement for any student who-- (A) completes a program of education offered by the provider; and (B) does not find full-time meaningful employment within the 180-day period beginning on the date the student completes the program. (5) Limitation on tuition.--In the case of a qualified provider that is a for-profit organization, the tuition charged for a high technology program of education under a contract under this subsection may not exceed 125 percent of the average tuition charged by nonprofit organizations for similar programs, as determined by the Secretary. (6) Removal of contractors.--The Secretary shall remove from participation in the pilot program any qualified provider that increases the tuition for a high technology program of education under a contract under this subsection by more than 10 percent in any year as compared to the previous year. (d) Housing Stipend.--The Secretary shall pay to each eligible veteran who is enrolled in a high technology program of education under the pilot program on a full-time basis a monthly housing stipend equal to the product-- (1) of-- (A) in the case of a veteran pursuing resident training, the monthly amount of the basic allowance for housing payable under section 403 of title 37, United States Code, for a member with dependents in pay grade E-5 residing in the military housing area that encompasses all or the majority portion of the ZIP code area in which is located the institution at which the individual is enrolled; or (B) in the case of a veteran pursuing a program of education through distance learning, a monthly amount equal to 50 percent of the amount payable under subparagraph (A), multiplied by (2) the lesser of-- (A) 1.0; or (B) the number of course hours borne by the individual in pursuit of the program of education involved, divided by the minimum number of course hours required for full-time pursuit of such program of education, rounded to the nearest multiple of 10. (e) Reports.-- (1) Secretary of veterans affairs.--Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report on the pilot program under this section. (2) Comptroller general.-- (A) Interim report.--Not later than three years after the date on which the Secretary first enters into a contract under this section, the Comptroller General of the United States shall submit to Congress a report containing the results of the interim assessment of the Comptroller General. Such report shall include the following: (i) The recommendations of the Comptroller General for improving the pilot program. (ii) An assessment of each of the following: (I) The technology experience of the directors and instructors of the providers of high technology programs of education under the pilot program. (II) Whether the providers cooperated with the technology industry to create the curriculum for the program of education. (III) Whether the providers use an open source curriculum for the program of education. (IV) The admittance rate into the pilot program. (V) The completion rate for veterans who participate in the pilot program. (VI) The average age of veterans who participate in the pilot program. (VII) The job placement rate for veterans who completed a program of education under the pilot program. (VIII) Whether the employment of veterans who completed a program of education under the pilot program was part or full time. (IX) Whether a veteran who found employment after completing a program of education under the pilot program was employed in a field related to the course of study under the program of education. (B) Final report.--Not later than five years after the date on which the Secretary first enters into a contract under this section, the Comptroller General shall submit to Congress a final report on the pilot program. Such report shall include the recommendation of the Comptroller General with respect to whether the program should be extended and an assessment of each of the following: (i) Each item described in subclauses (I) through (IX) of subparagraph (A)(ii). (ii) The percentage of veterans who completed a program of education under the pilot program who were subsequently employed for a period of six months or longer. (f) Definitions.--In this section: (1) High technology program of education.--The term ``high technology program of education'' means a program of education that-- (A) is offered by an entity other than an institution of higher learning; (B) does not lead to a degree; and (C) provides instruction in computer programming, computer software, media application, data processing, or information sciences. (2) State approving agency.--The term ``State approving agency'' means a department or agency of a State designated under section 3671 of title 38, United States Code. (g) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Veterans Affairs $15,000,000 for each fiscal year during which the Secretary carries out a pilot program under this section. (h) Termination.--The authority to carry out a pilot program under this section shall terminate on the date that is five years after the date on which the Secretary first enters into a contract under this section. | Veteran Employment Through Technology Education Courses Act of 2017 or the VET TEC Act of 2017 This bill directs the Department of Veterans Affairs (VA) to carry out a five-year pilot program to provide eligible veterans with the opportunity to enroll in high technology programs of education, which are programs that are offered by entities other than institutions of higher learning, do not lead to a degree, and provide instruction in computer programming, computer software, media application, data processing, or information sciences. The VA shall enter into contracts with multiple qualified providers of such programs, under which the VA shall pay: (1) 25% of the cost of providing the program upon the enrollment of an eligible veteran, (2) 25% of such cost when the veteran completes the program, and (3) 50% of such cost upon the veteran's employment following completion in a field related to the course of study. A provider of a high technology program of education is qualified if the provider: (1) has offered, for at least two years, the credential it plans to provide under the pilot; (2) verifies that each such credential has demonstrated market value based on the employment and earnings of participants; and (3) has the ability to evaluate job placement rates and earnings through means other than survey or self-reported data. The VA shall give preference to a qualified provider that offers tuition reimbursement for any student who completes the program and does not find full-time meaningful employment within 180 days. The bill limits tuition and provides for removal of providers that increase tuition by more than 10% from the previous year. The VA shall pay a monthly housing stipend to each eligible veteran enrolled full-time in such a program. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Open and Accountable Campaign Financing Act of 2000''. TITLE I--DISCLOSURE SEC. 101. ADDITIONAL MONTHLY AND QUARTERLY DISCLOSURE REPORTS. (a) Principal Campaign Committees.-- (1) Monthly reports.--Section 304(a)(2)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(a)(2)(A)) is amended by striking clause (iii) and inserting the following: ``(iii) additional monthly reports, which shall be filed not later than the 20th day after the last day of the month and shall be complete as of the last day of the month, except that monthly reports shall not be required under this clause in November and December and a year end report shall be filed not later than January 31 of the following calendar year.''. (2) Quarterly reports.--Section 304(a)(2)(B) of such Act is amended by striking ``the following reports'' and all that follows through the period and inserting ``the treasurer shall file quarterly reports, which shall be filed not later than the 15th day after the last day of each calendar quarter, and which shall be complete as of the last day of each calendar quarter, except that the report for the quarter ending December 31 shall be filed not later than January 31 of the following calendar year.''. (b) National Committee of a Political Party.--Section 304(a)(4) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(a)(4)) is amended by adding at the end the following flush sentence: ``Notwithstanding the preceding sentence, a national committee of a political party shall file the reports required under subparagraph (B).''. (c) Conforming Amendments.-- (1) Section 304.--Section 304(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(a)) is amended-- (A) in paragraph (3)(A)(ii), by striking ``quarterly reports'' and inserting ``monthly reports''; and (B) in paragraph (8), by striking ``quarterly report under paragraph (2)(A)(iii) or paragraph (4)(A)(i)'' and inserting ``monthly report under paragraph (2)(A)(iii) or paragraph (4)(A)''. (2) Section 309.--Section 309(b) of the Federal Election Campaign Act of 1971 (2 U.S.C. 437g(b)) by striking ``calendar quarter'' and inserting ``month''. SEC. 102. REPORTING BY NATIONAL POLITICAL PARTY COMMITTEES. Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C. 434) is amended by adding at the end the following: ``(d) Political Committees.-- ``(1) National and congressional political committees.--The national committee of a political party, any national congressional campaign committee of a political party, and any subordinate committee of either, shall report all receipts and disbursements during the reporting period. ``(2) Itemization.--If a political committee has receipts or disbursements to which this subsection applies from any person aggregating in excess of $200 for any calendar year, the political committee shall separately itemize its reporting for such person in the same manner as required in paragraphs (3)(A), (5), and (6) of subsection (b). ``(3) Reporting periods.--Reports required to be filed under this subsection shall be filed for the same time periods required for political committees under subsection (a).''. SEC. 103. INCREASED ELECTRONIC DISCLOSURE. Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C. 434), as amended by section 102, is amended by adding at the end the following: ``(e) Internet Availability.--The Commission shall make the information contained in the reports submitted under this section available on the Internet and publicly available at the offices of the Commission as soon as practicable (but in no case later than 24 hours) after the information is received by the Commission.''. SEC. 104. PUBLIC ACCESS TO BROADCASTING RECORDS. Section 315 of the Communications Act of 1934 (47 U.S.C. 315) is amended by redesignating subsections (c) and (d) as subsections (d) and (e), respectively, and inserting after subsection (b) the following: ``(c) Political Record.-- ``(1) In general.--A licensee shall maintain, and make available for public inspection, a complete record of a request to purchase broadcast time that-- ``(A) is made by or on behalf of a legally qualified candidate for public office; or ``(B) communicates a message relating to any political matter of national importance, including-- ``(i) a legally qualified candidate; ``(ii) any election to Federal office; or ``(iii) a national legislative issue of public importance. ``(2) Contents of record.--A record maintained under paragraph (1) shall contain information regarding-- ``(A) whether the request to purchase broadcast time is accepted or rejected by the licensee; ``(B) the rate charged for the broadcast time; ``(D) the date and time that the communication is aired; ``(E) the class of time that is purchased; ``(F) the name of the candidate to which the communication refers and the office to which the candidate is seeking election, the election to which the communication refers, or the issue to which the communication refers (as applicable); ``(G) in the case of a request made by, or on behalf of, a candidate, the name of the candidate, the authorized committee of the candidate, and the treasurer of such committee; and ``(H) in the case of any other request, the name of the person purchasing the time, the name, address, and phone number of a contact person for such person, and a list of the chief executive officers or members of the executive committee or of the board of directors of such person. ``(3) Time to maintain file.--The information required under this subsection shall be placed in a political file as soon as possible and shall be retained by the licensee for a period of not less than 2 years.''. TITLE II--SOFT MONEY OF NATIONAL POLITICAL PARTIES AND CONTRIBUTION LIMITS SEC. 201. LIMIT ON SOFT MONEY OF NATIONAL POLITICAL PARTY COMMITTEES. Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended by adding at the end the following: ``SEC. 324. LIMIT ON SOFT MONEY OF NATIONAL POLITICAL PARTY COMMITTEES. ``(a) Limitation.--A national committee of a political party, a congressional campaign committee of a national party, or an entity directly or indirectly established, financed, maintained, or controlled by such committee shall not accept a donation, gift, or transfer of funds of any kind (not including transfers from other committees of the political party or contributions), during a calendar year, from a person (including a person directly or indirectly established, financed, maintained, or controlled by such person) in an aggregate amount in excess of $60,000. ``(b) Aggregate Limit on Donor.--A person shall not make an aggregate amount of disbursements described in subsection (a) in excess of $60,000 in any calendar year. ``(c) Index of Amount.--In the case of any calendar year after 2000-- ``(1) each $60,000 amount under subsections (a) and (b) shall be increased based on the increase in the price index determined under section 315(c), except that the base period shall be calendar year 2000; and ``(2) each amount so increased shall be the amount in effect for the calendar year.''. SEC. 202. JUDICIAL REVIEW. (a) Expedited Review.--Any Member of Congress, candidate, national committee of a political party, or any person adversely affected by section 324 of the Federal Election Campaign Act of 1971, as added by section 201, may bring an action, in the United States District Court for the District of Columbia, for declaratory judgment and injunctive relief on the ground that such section 324 violates the Constitution. (b) Appeal to Supreme Court.--Notwithstanding any other provision of law, any order of the United States District Court for the District of Columbia granting or denying an injunction regarding, or finally disposing of, an action brought under subsection (a) shall be reviewable by appeal directly to the Supreme Court of the United States. Any such appeal shall be taken by a notice of appeal filed within 10 calendar days after such order is entered; and the jurisdictional statement shall be filed within 30 calendar days after such order is entered. (c) Expedited Consideration.--It shall be the duty of the District Court for the District of Columbia and the Supreme Court of the United States to advance on the docket and to expedite to the greatest possible extent the disposition of any matter brought under subsection (a). (d) Enforceability.--The enforcement of any provision of section 324 of the Federal Election Campaign Act of 1971, as added by section 201, shall be stayed, and such section 324 shall not be effective, for the period-- (1) beginning on the date of the filing of an action under subsection (a), and (2) ending on the date of the final disposition of such action on its merits by the Supreme Court of the United States. (e) Applicability.--This section shall apply only with respect to any action filed under subsection (a) not later than 30 days after the effective date of this Act. SEC. 203. INCREASE IN CONTRIBUTION LIMITS. (a) Increase in Individual and Political Committee Contribution Limits.--Section 315(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (A), by striking ``$1,000'' and inserting ``$3,000''; (B) in subparagraph (B), by striking ``$20,000'' and inserting ``$60,000''; and (C) in subparagraph (C), by striking ``$5,000'' and inserting ``$15,000''; and (2) in paragraph (3)-- (A) by striking ``$25,000'' and inserting ``$75,000''; and (B) by striking the second sentence. (b) Increase in Multicandidate Limits.--Section 315(a)(2) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(2)) is amended-- (1) in subparagraph (A), by striking ``$5,000'' and inserting ``$7,500''; (2) in subparagraph (B), by striking ``$15,000'' and inserting ``$30,000''; and (3) in subparagraph (C), by striking ``$5,000'' and inserting ``$7,500''. (c) Indexing.--Section 315(c) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(c)) is amended-- (1) in paragraph (1)-- (A) by striking the second and third sentences; (B) by inserting ``(A)'' before ``At the beginning''; and (C) by adding at the end the following: ``(B) Except as provided in subparagraph (C), in any calendar year after 2000-- ``(i) a limitation established by subsection (a), (b), or (d) shall be increased by the percent difference determined under subparagraph (A); and ``(ii) each amount so increased shall remain in effect for the calendar year. ``(C) In the case of limitations under paragraphs (1)(A) and (2)(A) of subsection (a), each amount increased under subparagraph (B) shall remain in effect for the 2-year period beginning on the first day following the date of the last general election in the year preceding the year in which the amount is increased and ending on the date of the next general election.''; and (2) in paragraph (2)(B), by striking ``means the calendar year 1974'' and inserting ``means-- ``(i) for purposes of subsections (b) and (d), calendar year 1974; and ``(ii) for purposes of subsection (a), calendar year 2000''. (d) Effective Date.--The amendments made by this section shall apply to calendar years beginning after December 31, 2000. TITLE III--MISCELLANEOUS PROVISIONS SEC. 301. PROHIBITION OF SOLICITATION OF POLITICAL PARTY SOFT MONEY IN FEDERAL BUILDINGS. (a) In General.--Section 607 of title 18, United States Code, is amended-- (1) in subsection (a), by striking ``within the meaning of section 301(8) of the Federal Election Campaign Act of 1971''; and (2) by adding at the end the following: ``(c) Definition of Contribution.--In this section, the term `contribution' means a gift, subscription, loan, advance, or deposit of money or anything of value made by any person in connection with-- ``(1) any election or elections for Federal office; ``(2) any political committee (as defined in section 301 of the Federal Election Campaign Act of 1971); or ``(3) any State, district, or local committee of a political party.''. (b) Amendment of Title 18 To Include Prohibition of Donations.-- Section 602(a)(4) of title 18, United States Code, is amended by striking ``within the meaning of section 301(8)'' and inserting ``(as defined in section 607(c))''. SEC. 302. UPDATE OF PENALTY AMOUNTS. Section 309 of the Federal Election Campaign Act of 1971 (2 U.S.C. 437g) is amended by adding at the end the following: ``(e) Adjustment of Dollar Amounts for Inflation.--In the case of any calendar year after 2000-- ``(1) each dollar amount under this section shall be increased based on the increase in the price index determined under section 315(c); and ``(2) each amount so increased shall be the amount in effect for the calendar year. The preceding sentence shall not apply to any amount under subsection (d) other than the $25,000 amount under paragraph (1)(A) of such subsection.''. | Amends the Communications Act of 1934 to require a licensee to maintain and make available for public inspection a complete record of certain requests to purchase broadcast time that are related to legally qualified candidates. Title II: Soft Money of National Political Parties and Contribution Limits - Amends FECA to limit to $60,000 aggregate (indexed for inflation) per calendar year per contributor the amount of soft money a national committee of a political party, a congressional campaign committee of a national party, or an entity directly or indirectly established, financed, maintained, or controlled by such committee may accept. Places an aggregate limit on the soft money donor of $60,000 in any calendar year. Provides for judicial review with respect to such amendment. Increases individual, political committee, and multicandidate political committee contribution limits. Revises indexing provisions. Title III: Miscellaneous Provisions - Amends the Federal criminal code to prohibit solicitation of soft money in any room or building occupied in the discharge of official duties by an officer or employee of the United States or any department or agency thereof, or a person receiving any salary or compensation for service from the Treasury. Amends FECA to provide for the indexing of certain penalty and other amounts under enforcement provisions. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Harbor Maintenance Trust Fund Reform Act of 2016''. SEC. 2. REFORM OF SPENDING FROM THE HARBOR MAINTENANCE TRUST FUND. (a) In General.--Section 9505(c) of the Internal Revenue Code of 1986 is amended to read as follows: ``(c) Expenditures From Harbor Maintenance Trust Fund.-- ``(1) Required distributions.-- ``(A) In general.--In the case of any fiscal year beginning after September 30, 2016, so much of the amounts in the Harbor Maintenance Trust Fund as is equal to the applicable amount shall be available, without appropriation, for making expenditures-- ``(i) to carry out section 210 of the Water Resources Development Act of 1986, ``(ii) for payments of rebates of tolls or charges pursuant to section 13(b) of the Act of May 13, 1954 (as in effect on April 1, 1987), and ``(iii) for the payment of all expenses of administration incurred by the Department of the Treasury, the Army Corps of Engineers, and the Department of Commerce related to the administration of subchapter A of chapter 36 (relating to harbor maintenance tax). ``(B) Applicable amount.--For purposes of subparagraph (A), the applicable amount for any fiscal year is an amount equal to the sum of-- ``(i) the amount of taxes received in the Treasury under section 4461 for the immediately preceding fiscal year, plus ``(ii) any amounts credited to the Harbor Maintenance Trust Fund under section 9602(b) which is attributable to the portion of the amounts described in clause (i) that are deposited in such Trust Fund. ``(C) Allocation of amounts.--Of the amounts available under this paragraph for any fiscal year-- ``(i) $5,000,000 shall be available for purposes described in subparagraph (A)(iii), ``(ii) $40,000,000 shall be available for purposes described in subparagraph (A)(ii), and ``(iii) the remainder shall be available for purposes described in subparagraph (A)(i). ``(2) Other amounts.--The amounts in the Harbor Maintenance Trust Fund after application of paragraph (1) shall be available, as provided in appropriations Acts, for making expenditures for purposes described in paragraph (1)(A).''. (b) Effective Date.--The amendment made by this section shall apply to fiscal years beginning after the date of the enactment of this Act. SEC. 3. ADDITIONAL MEASURES AT DONOR PORTS AND ENERGY TRANSFER PORTS. Section 2106 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2238c) is amended-- (1) in subsection (a)(2)-- (A) by redesignating subparagraphs (A) through (D) as clauses (i) through (iv), respectively, and indenting appropriately; (B) in the matter preceding clause (i) (as redesignated), by striking ``The term'' and inserting the following: ``(A) In general.--The term''; and (C) by adding at the end the following: ``(B) Calculation.--For the purpose of calculating the percentage described in subparagraph (A)(iii), payments described under subsection (c)(1) shall not be included.''; (2) by striking subsection (b) and inserting the following: ``(b) Authority.-- ``(1) In general.--The Secretary may provide to donor ports and energy transfer ports amounts in accordance with this section. ``(2) Limitations.--Amounts provided under this section for each fiscal year-- ``(A) shall be provided in equal amounts to donor ports and energy transfer ports; ``(B) for donor ports-- ``(i) 50 percent of the funds shall be equally divided between the eligible donor ports; and ``(ii) 50 percent of the funds shall be divided between the eligible donor ports based on the percentage of the total Harbor Maintenance Tax revenues generated at each eligible donor port; ``(C) for energy transfer ports, shall be divided equally among all States with an energy transfer port; and ``(D) shall be made available to a port as either a donor port or an energy transfer port and no port may receive amounts as both a donor port and an energy transfer port.''; and (3) by striking subsection (f). SEC. 4. EXPENDITURES FROM THE HARBOR MAINTENANCE TRUST FUND. (a) Operation and Maintenance of Harbor Projects.--Section 210(c) of the Water Resources Development Act of 1986 (33 U.S.C. 2238(c)) is amended-- (1) by striking paragraph (3); (2) by redesignating paragraph (4) as paragraph (5); and (3) by inserting after paragraph (2) the following: ``(3) Certain donor ports and energy transfer ports.--The Secretary shall allocate to carry out activities under section 2106(c) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2238c(c)) an amount that is not less than 20 percent of the funds made available under this section for each fiscal year. ``(4) Emerging harbor projects.--Notwithstanding any other provision of this subsection, in making expenditures under paragraph (1), the Secretary shall allocate for operation and maintenance costs of emerging harbor projects for each fiscal year an amount that is not less than 10 percent of the funds made available under this section for fiscal year 2012 to pay the costs described in subsection (a)(2).''. (b) Definition of Expanded Uses.--Section 210(f)(3) of the Water Resources Development Act of 1986 (33 U.S.C. 2238(f)(3)) is amended by adding at the end the following: ``(C) An in-water improvement, if-- ``(i) the improvement benefits commercial navigation at the harbor; and ``(ii) the improvement is located in or adjacent to a berth that is accessible to a Federal navigation project. ``(D) An activity to maintain or improve slope stability at a berth in a harbor that is accessible to a Federal navigation project, if the activity benefits commercial navigation at the harbor.''. | Harbor Maintenance Trust Fund Reform Act of 2016 This bill amends the Internal Revenue Code to make certain amounts in the Harbor Maintenance Trust Fund available, without appropriation, for expenditures to pay: 100% of the eligible operations and maintenance costs of specified portions of the Saint Lawrence Seaway as well as those assigned to commercial navigation of all U.S. harbors and inland harbors; rebates of certain tolls or charges on the Seaway; and all expenses of administration relating to harbor maintenance tax incurred by the Department of the Treasury, the Army Corps of Engineers, and the Department of Commerce. The Water Resources Reform and Development Act of 2014 is amended to: require allocation to certain donor ports and energy transfer ports of at least 20% of amounts made available each fiscal year from the Trust Fund, and authorize the Department of the Army to make the allocations equally between these kinds of ports. A "donor port" is a port, subject to the harbor maintenance fee, located in a state in which more than 2 million cargo containers were unloaded from or loaded on to vessels in FY2012, whose total amount of collected harbor maintenance taxes comes to less than $15 million annually, and which received less than 25% of the total amount of harbor maintenance taxes collected at that port in the previous five fiscal years. An "energy transfer port" is one, also subject to the harbor maintenance fee, through which more than 40 million tons of cargo were transported in FY2012, and at which energy commodities constituted more than 25% of all commercial activity by tonnage in that fiscal year. |
SECTION 1. AIR FORCE ACADEMY ATHLETIC ASSOCIATION. (a) In General.--Chapter 903 of title 10, United States Code, is amended by inserting after section 9359 the following new section: ``Sec. 9359a. Air Force Academy Athletic Association: authorization, purpose, and governance ``(a) Establishment Authorized.--The Secretary of the Air Force may establish a nonprofit corporation, to be known as the `Air Force Academy Athletic Association', to support the athletic program of the Air Force Academy. ``(b) Organization and Duties.--(1) The Air Force Academy Athletic Association (in this section referred to as the `Association') shall be organized and operated as a nonprofit corporation under section 501(c)(3) of the Internal Revenue Code of 1986 and under the powers and authorities set forth in this section and the provisions of the laws of the State of incorporation. The Association shall operate on a nonpartisan basis exclusively for charitable, educational, and civic purposes consistent with the authorities referred to in this subsection to support the athletic program of the Academy. ``(2) Subject to the approval of the Secretary of the Air Force, the Association may-- ``(A) operate and manage athletic and revenue generating facilities on Academy property; ``(B) use Government facilities, utilities, and services on the Academy, without charge, in support of its mission; ``(C) sell products to the general public on or off Government property; ``(D) charge market-based fees for admission to Association events and other athletic or athletic-related events at the Academy and for use of Academy athletic facilities and property; and ``(E) engage in other activities, consistent with the Academy athletic mission as determined by the Board of Directors. ``(c) Board of Directors.--(1) The Association shall be governed by a Board of Directors made up of at least nine members. The members, other than the member referred to in paragraph (2), shall serve without compensation, except for reasonable travel and other related expenses for attendance at required meetings. ``(2) The Director of Athletics at the Academy shall be a standing member of the Board as part of the Director's duties as the Director of Athletics. ``(3) Subject to the prior approval of all nominees for appointment by the Secretary of the Air Force, the Superintendent shall appoint the remaining members of the Board. ``(4) The Secretary of the Air Force shall select one of the members of the Board appointed under paragraph (3) to serve as chairperson of the Board. ``(d) Bylaws.--Not later than July 1, 2010, the Association shall propose its by-laws. The Association shall submit the by-laws, and all future changes to the by-laws, to the Secretary of the Air Force for review and approval. The by-laws shall be made available to Congress for review. ``(e) Transition From Nonappropriated Fund Operation.--(1) Until September 30, 2011, the Secretary of the Air Force may provide for parallel operations of the Association and the Air Force nonappropriated fund instrumentality whose functions include providing support for the athletic program of the Academy. Not later than that date, the Secretary shall dissolve the nonappropriated fund instrumentality and transfer its assets and liabilities to the Association. ``(2) The Secretary may transfer title and ownership to all the assets and liabilities of the nonappropriated fund instrumentality referred to in paragraph (1), including bank accounts and financial reserves in its accounts, equipment, supplies, and other personal property without cost or obligation to the Association. ``(f) Contracting Authorities.--(1) The Superintendent may procure goods, services, human resources, and other support, on a noncompetitive basis and at fair and reasonable prices, from the Association in support of this section. Any such procurement shall be exempt from Federal procurement and Federal procurement-preference laws, rules, regulations, processes and procedures. ``(2) The Superintendent may accept from the Association funds, goods, and services for use by cadets and Academy personnel during participation in, or in support of, Academy or Association contests, events, and programs. ``(g) Use of Air Force Personnel.--Air Force personnel may participate in-- ``(1) the management, operation, and oversight of the Association; ``(2) events and athletic contests sponsored by the Association; and ``(3) management and sport committees for the National Collegiate Athletic Association and other athletic conferences and associations. ``(h) Funding Authority.--The authorization of appropriations for the operation and maintenance of the Academy includes Association operations in support of the Academy athletic program, as approved by the Secretary of the Air Force. ``(i) Federal Tort Claims Act.--The Association is deemed to be a Federal entity for purposes of chapter 171 of title 28, relating to tort claims. Members of the Board of Directors, Association employees, and Air Force personnel participating in the management, operation, and oversight of the Association are entitled to the protections of such chapter and are entitled to qualified immunity from liability for actions taken in the scope of their participation as members of the Board of Directors or participation or employment as members of the Air Force and Association.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 9359 the following new item: ``9359a. Air Force Academy Athletic Association: authorization, purpose, and governance.''. | Authorizes the Secretary of the Air Force to establish (as a nonprofit corporation) the Air Force Academy Athletic Association, to support the athletic program of the Air Force Academy. |
SECTION 1. PUBLIC HEALTH SERVICE ACT; LIABILITY PROTECTIONS FOR HEALTH- CENTER PRACTITIONERS PROVIDING SERVICES IN EMERGENCY AREAS. (a) In General.--Section 224(g) of the Public Health Service Act (42 U.S.C. 233(g)) is amended-- (1) in paragraph (1)(B)(ii), by striking ``subparagraph (C)'' and inserting ``subparagraph (C) and paragraph (6)''; and (2) by adding at the end the following paragraph: ``(6)(A) Subject to subparagraph (C), paragraph (1)(B)(ii) applies to health services provided to individuals who are not patients of the entity involved if, as determined under criteria issued by the Secretary, the following conditions are met: ``(i) The services are provided by a contractor or employee of the entity who is a physician or other licensed or certified health care practitioner and who is otherwise deemed to be an employee for purposes of paragraph (1)(A) when providing services with respect to the entity. ``(ii) The services are provided in an emergency area (as defined in subparagraph (D)). ``(iii) The services of the contractor or employee (referred to in this paragraph as the `out-of-area practitioner') are provided under an arrangement with-- ``(I) an entity that is deemed to be an employee for purposes of paragraph (1)(A) and that serves the emergency area involved (referred to in this paragraph as an `emergency-area entity)'; or ``(II) a Federal agency that has responsibilities regarding the provision of health services in such area during the emergency. ``(iv) The purposes of the arrangement are-- ``(I) to coordinate, to the extent practicable, the provision of health services in the emergency area by the out-of-area practitioner with the provision of services by the emergency-area entity, or by the Federal agency, as the case may be; ``(II) to identify a location in the emergency area to which such practitioner should report for purposes of providing health services, and to identify an individual or individuals in the area to whom the practitioner should report for such purposes; and ``(III) to verify the identity of the practitioner and that the practitioner is licensed or certified by one or more of the States. ``(v) With respect to the licensure or certification of health care practitioners, the provision of services by the out-of-area practitioner in the emergency area is not a violation of the law of the State in which the area is located. ``(B) In issuing criteria under subparagraph (A), the Secretary shall take into account the need to rapidly enter into arrangements under such subparagraph in order to provide health services in emergency areas promptly after the emergency begins. ``(C) Subparagraph (A) applies with respect to an act or omission of an out-of-area practitioner only to the extent that the practitioner is not immune from liability for such act or omission under the Volunteer Protection Act of 1997. ``(D) For purposes of this paragraph, the term `emergency area' means a geographic area for which-- ``(i) the Secretary has made a determination under section 319 that a public health emergency exists; or ``(ii) a presidential declaration of major disaster has been issued under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act.''. (b) Effective Date.--With respect to paragraph (6) of section 224(g) of the Public Health Service Act, as added by subsection (a) of this section: (1) Except as provided in this subsection, an arrangement under subparagraph (A)(iii) of such paragraph (6) is deemed to be in effect for any health professional who, within the meaning of such paragraph-- (A) is an employee or contractor of a health center under section 330 of such Act; and (B) served or is serving as an out-of-area practitioner in any emergency area declared as a result of Hurricane Katrina or Hurricane Rita. (2) Such paragraph (6) is deemed to have taken effect on August 27, 2005, for purposes of paragraph (1) of this subsection. Such paragraph (6) otherwise takes effect on the date of the enactment of this Act. (3) Paragraph (1) of this subsection applies until the expiration of the 48-hour period beginning on the date on which the Secretary of Health and Human Services publishes in the Federal Register a notice that the applicability of such paragraph is being terminated. | Amends the Public Health Service Act to deem certain physicians or other licensed or certified health care practitioners to be employees of the Public Health Service for purposes of any civil action that may arise due to services provided in an emergency area by a contractor or an employee of a qualified health center. Provides that such services must be provided under an arrangement with a qualified health center or with a federal agency with responsibility for providing health services in the emergency area. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Veteran Women's Health Improvement Act of 1993''. SEC. 2. WOMEN'S HEALTH SERVICES. (a) Women's Health Services.--Section 1701 of title 38, United States Code, is amended-- (1) in paragraph (6)(A)(i), by inserting ``women's health services,'' after ``preventive health services,''; and (2) by adding at the end the following: ``(10) The term `women's health services' means health care services provided to women, including counseling and services relating to the following: ``(A) Papanicolaou tests (pap smear). ``(B) Breast examinations and mammography. ``(C) Comprehensive reproductive health care, including pregnancy-related care. ``(D) The management of infertility. ``(E) The management and prevention of sexually-transmitted diseases. ``(F) Menopause, osteoporosis, and other conditions relating to aging. ``(G) Physical or psychological conditions arising out of acts of sexual violence.''. (b) Contracts for Women's Health Services.--Section 1703(a) of such title is amended by adding at the end the following: ``(9) Women's health services for veterans on an ambulatory or outpatient basis.''. (c) Repeal of Superseded Authority.--Section 106 of the Veterans Health Care Act of 1992 (Public Law 102-585; 38 U.S.C. 1710 note) is amended-- (1) by striking out subsection (a); and (2) by striking out ``(b) Responsibilities of Directors of Facilities.--'' before ``The Secretary''. (d) Report on Health Care and Research.--Section 107(b) of such Act (38 U.S.C. 1710 note) is amended-- (1) in paragraph (1), by inserting ``and women's health services (as such term is defined in section 1701(10) of title 38, United States Code)'' after ``section 106 of this Act''; (2) in paragraph (2), by striking out ``and (B)'' and inserting in lieu thereof ``(B) the type and amount of services provided by such personnel, including information on the numbers of inpatient stays and the number of outpatient visits through which such services were provided, and (C)''; (3) by redesignating paragraph (4) as paragraph (7); (4) by adding after paragraph (3) the following new paragraphs: ``(4) A description of the personnel of the Department who provided such services to women veterans, including the number of employees (including both the number of individual employees and the number of full-time employee equivalents) and the professional qualifications or specialty training of such employees and the Department facilities to which such personnel were assigned. ``(5) A description of any actions taken by the Secretary to ensure the retention of the personnel described in paragraph (4) and any actions undertaken to recruit additional such personnel or personnel to replace such personnel. ``(6) An assessment by the Secretary of any difficulties experienced by the Secretary in the furnishing of such services and the actions taken by the Secretary to resolve such difficulties.''; and (5) by adding after paragraph (7), as redesignated by paragraph (3) of this subsection, the following: ``(8) A description of the actions taken by the Secretary to foster and encourage the expansion of such research.''. SEC. 3. EXPANSION OF RESEARCH RELATING TO WOMEN VETERANS. (a) Health Research.--Section 109(a) of the Veterans Health Care Act of 1992 (Public Law 102-585; 38 U.S.C. 7303 note) is amended-- (1) by inserting ``(1)'' before ``The Secretary''; (2) in paragraph (1), as so designated, by striking out ``veterans who are women'' and inserting in lieu thereof ``women veterans''; and (3) by adding at the end the following: ``(2) In carrying out this section, the Secretary shall consult with the following: ``(A) The Director of the Nursing Service. ``(B) Officials of the Central Office assigned responsibility for women's health programs and sexual trauma services. ``(C) The members of the Advisory Committee on Women Veterans established under section 542 of title 38, United States Code. ``(D) Members of appropriate task forces and working groups within the Department of Veterans Affairs (including the Women Veterans Working Group and the Task Force on Treatment of Women Who Suffer Sexual Abuse). ``(3) The Secretary shall foster and encourage research under this section on the following matters as they relate to women: ``(A) Breast cancer. ``(B) Gynecological and reproductive health, including gynecological cancer, infertility, sexually-transmitted diseases, and pregnancy. ``(C) Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome. ``(D) Mental health, including post-traumatic stress disorder, depression, combat related stress, and trauma. ``(E) Diseases related to aging, including menopause, osteoporosis, and Alzheimer's Disease. ``(F) Substance abuse. ``(G) Sexual violence and related trauma. ``(H) Exposure to toxic chemicals and other environmental hazards. ``(4) The Secretary shall, to the maximum extent practicable, ensure that personnel of the Department of Veterans Affairs engaged in the research referred to in paragraph (1) include the following: ``(A) Personnel of the geriatric research, education, and clinical centers designated pursuant to section 7314 of title 38, United States Code. ``(B) Personnel of the National Center for Post-Traumatic Stress Disorder established pursuant to section 110(c) of the Veterans Health Care Act of 1984 (Public Law 98-528; 98 Stat. 2692). ``(5) The Secretary shall ensure that personnel of the Department engaged in research relating to the health of women veterans are advised and informed of such research engaged in by other personnel of the Department.''. (b) Inclusion of Women and Minorities in Clinical Research Projects.--(1) In conducting or supporting clinical research, the Secretary of Veterans Affairs shall ensure that-- (A) women who are veterans are included as subjects in each project of such research; and (B) members of minority groups who are veterans are included as subjects of such research. (2) The requirement in paragraph (1) regarding women and members of minority groups who are veterans may be waived by the Secretary of Veterans Affairs with respect to a project of clinical research if the Secretary determines that the inclusion, as subjects in the project, of women and members of minority groups, respectively-- (A) is inappropriate with respect to the health of the subjects; (B) is inappropriate with respect to the purpose of the research; or (C) is inappropriate under such other circumstances as the Secretary of Veterans Affairs may designate. (3) In the case of a project of clinical research in which women or members of minority groups will under paragraph (1) be included as subjects of the research, the Secretary of Veterans Affairs shall ensure that the project is designed and carried out so as to provide for a valid analysis of whether the variables being tested in the research affect women or members of minority groups, as the case may be, differently than other persons who are subjects of the research. (c) Population Study.--Section 110(a) of such Act (38 U.S.C. 1710 note) is amended-- (1) in paragraph (1), by striking out the second sentence; and (2) by amending paragraph (3) to read as follows: ``(3)(A) Subject to subparagraph (B), the study shall be based on-- ``(i) an appropriate sample of veterans who are women; and ``(ii) an examination of the medical and demographic histories of the women comprising such sample. ``(B) The sample referred to in subparagraph (A) shall constitute a representative sampling (as determined by the Secretary) of the ages, the ethnic, social and economic backgrounds, the enlisted and officer grades, and the branches of service of all veterans who are women. ``(C) In carrying out the examination referred to in subparagraph (A)(ii), the Secretary shall determine the number of women of the sample who have used medical facilities of the Department, nursing home facilities of or under the jurisdiction of the Department, and outpatient care facilities of or under the jurisdiction of the Department.''. SEC. 4. MAMMOGRAPHY QUALITY STANDARDS. (a) Applicability to Department of Veterans Affairs of Mammography Quality Standards Act of 1992.--Subsections (a) through (k) of section 354 of the Public Health Service Act (42 U.S.C. 263b) shall apply with respect to facilities of the Department of Veterans Affairs without regard to the last sentence of subparagraph (A) of subsection (a)(3) of such section. (b) Extension of Deadlines.--Any deadline for the completion of any action prescribed under any provision referred to in subsection (a) shall be applied with respect to facilities of the Department of Veterans Affairs by extending such deadline so as to be two years after the date of the enactment of this Act or two years after the date which would otherwise be applicable under such provision, whichever is later. (c) Interagency Cooperation.--The Secretary of Veterans Affairs shall take appropriate steps to cooperate with the Secretary of Health and Human Services in the implementation of this section. | Veteran Women's Health Improvement Act of 1993 - Includes women's health services within the definition of medical services authorized to be furnished to eligible veterans. Includes as women's health services pap smears, breast examinations, and reproductive health care. Authorizes the Secretary of Veterans to contract with non-Department of Veterans facilities for outpatient women's health services when Department facilities are inadequate or inaccessible. Requires information on the provision of women's health services to be included in a report from the Secretary to the Congress concerning women veterans. Amends the Veterans Health Care Act of 1992 to: (1) require consultation by the Secretary with various officials, advisory committees, and task forces with regard to appropriate women's health research; (2) expand the research related to women to include specified topics; (3) include certain appropriate personnel of the Department in conducting such research, including women veterans and veteran members of minority groups; and (4) direct that a women veterans population study report required under such Act include an examination of the medical and demographic histories of women veterans comprising the study sample. Makes applicable to Department medical facilities provisions of the Public Health Service Act regarding mammography quality standards. Requires all Department facilities to meet such standards within two years. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Sangre de Cristo National Heritage Area Act''. SEC. 2. DEFINITIONS. In this Act: (1) Heritage area.--The term ``Heritage Area'' means the Sangre de Cristo National Heritage Area established by section 3(a). (2) Management entity.--The term ``management entity'' means the management entity for the Heritage Area designated by section 3(d). (3) Management plan.--The term ``management plan'' means the management plan for the Heritage Area required under section 5. (4) Map.--The term ``map'' means the map entitled ``Proposed Sangre De Cristo National Heritage Area'' and dated November 2005. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (6) State.--The term ``State'' means the State of Colorado. SEC. 3. SANGRE DE CRISTO NATIONAL HERITAGE AREA. (a) Establishment.--There is established in the State the Sangre de Cristo National Heritage Area. (b) Boundaries.--The Heritage Area shall consist of-- (1) the counties of Alamosa, Conejos, and Costilla; and (2) the Monte Vista National Wildlife Refuge, the Baca National Wildlife Refuge, the Great Sand Dunes National Park and Preserve, and other areas included in the map. (c) Map.--A map of the Heritage Area shall be-- (1) included in the management plan; and (2) on file and available for public inspection in the appropriate offices of the National Park Service. (d) Management Entity.-- (1) In general.--The management entity for the Heritage Area shall be the Sangre de Cristo National Heritage Area Board of Directors. (2) Membership requirements.--Members of the Board shall include representatives from a broad cross-section of the individuals, agencies, organizations, and governments that were involved in the planning and development of the Heritage Area before the date of enactment of this Act. SEC. 4. ADMINISTRATION. (a) Authorities.--For purposes of carrying out the management plan, the Secretary, acting through the management entity, may use amounts made available under this Act to-- (1) make grants to the State or a political subdivision of the State, nonprofit organizations, and other persons; (2) enter into cooperative agreements with, or provide technical assistance to, the State or a political subdivision of the State, nonprofit organizations, and other interested parties; (3) hire and compensate staff, which shall include individuals with expertise in natural, cultural, and historical resources protection, and heritage programming; (4) obtain money or services from any source including any that are provided under any other Federal law or program; (5) contract for goods or services; and (6) undertake to be a catalyst for any other activity that furthers the Heritage Area and is consistent with the approved management plan. (b) Duties.--The management entity shall-- (1) in accordance with section 5, prepare and submit a management plan for the Heritage Area to the Secretary; (2) assist units of local government, regional planning organizations, and nonprofit organizations in carrying out the approved management plan by-- (A) carrying out programs and projects that recognize, protect, and enhance important resource values in the Heritage Area; (B) establishing and maintaining interpretive exhibits and programs in the Heritage Area; (C) developing recreational and educational opportunities in the Heritage Area; (D) increasing public awareness of, and appreciation for, natural, historical, scenic, and cultural resources of the Heritage Area; (E) protecting and restoring historic sites and buildings in the Heritage Area that are consistent with Heritage Area themes; (F) ensuring that clear, consistent, and appropriate signs identifying points of public access, and sites of interest are posted throughout the Heritage Area; and (G) promoting a wide range of partnerships among governments, organizations, and individuals to further the Heritage Area; (3) consider the interests of diverse units of government, businesses, organizations, and individuals in the Heritage Area in the preparation and implementation of the management plan; (4) conduct meetings open to the public at least semiannually regarding the development and implementation of the management plan; (5) for any year that Federal funds have been received under this Act-- (A) submit an annual report to the Secretary that describes the activities, expenses, and income of the management entity (including grants to any other entities during the year that the report is made); (B) make available to the Secretary for audit all records relating to the expenditure of the funds and any matching funds; (C) require, with respect to all agreements authorizing expenditure of Federal funds by other organizations, that the organizations receiving the funds make available to the Secretary for audit all records concerning the expenditure of the funds; and (6) encourage by appropriate means economic viability that is consistent with the Heritage Area. (c) Prohibition on the Acquisition of Real Property.--The management entity shall not use Federal funds made available under this Act to acquire real property or any interest in real property. (d) Cost-Sharing Requirement.--The Federal share of the cost of any activity carried out using any assistance made available under this Act shall be 50 percent. SEC. 5. MANAGEMENT PLAN. (a) In General.--Not later than 3 years after the date of enactment of this Act, the management entity shall submit to the Secretary for approval a proposed management plan for the Heritage Area. (b) Requirements.--The management plan shall-- (1) incorporate an integrated and cooperative approach for the protection, enhancement, and interpretation of the natural, cultural, historic, scenic, and recreational resources of the Heritage Area; (2) take into consideration State and local plans; (3) include-- (A) an inventory of-- (i) the resources located in the core area described in section 3(b); and (ii) any other property in the core area that-- (I) is related to the themes of the Heritage Area; and (II) should be preserved, restored, managed, or maintained because of the significance of the property; (B) comprehensive policies, strategies and recommendations for conservation, funding, management, and development of the Heritage Area; (C) a description of actions that governments, private organizations, and individuals have agreed to take to protect the natural, historical and cultural resources of the Heritage Area; (D) a program of implementation for the management plan by the management entity that includes a description of-- (i) actions to facilitate ongoing collaboration among partners to promote plans for resource protection, restoration, and construction; and (ii) specific commitments for implementation that have been made by the management entity or any government, organization, or individual for the first 5 years of operation; (E) the identification of sources of funding for carrying out the management plan; (F) analysis and recommendations for means by which local, State, and Federal programs, including the role of the National Park Service in the Heritage Area, may best be coordinated to carry out this Act; and (G) an interpretive plan for the Heritage Area; and (4) recommend policies and strategies for resource management that consider and detail the application of appropriate land and water management techniques, including the development of intergovernmental and interagency cooperative agreements to protect the natural, historical, cultural, educational, scenic, and recreational resources of the Heritage Area. (c) Deadline.--If a proposed management plan is not submitted to the Secretary by the date that is 3 years after the date of enactment of this Act, the management entity shall be ineligible to receive additional funding under this Act until the date that the Secretary receives and approves the management plan. (d) Approval or Disapproval of Management Plan.-- (1) In general.--Not later than 180 days after the date of receipt of the management plan under subsection (a), the Secretary, in consultation with the State, shall approve or disapprove the management plan. (2) Criteria for approval.--In determining whether to approve the management plan, the Secretary shall consider whether-- (A) the management entity is representative of the diverse interests of the Heritage Area, including governments, natural and historic resource protection organizations, educational institutions, businesses, and recreational organizations; (B) the management entity has afforded adequate opportunity, including public hearings, for public and governmental involvement in the preparation of the management plan; and (C) the resource protection and interpretation strategies contained in the management plan, if implemented, would adequately protect the natural, historical, and cultural resources of the Heritage Area. (3) Action following disapproval.--If the Secretary disapproves the management plan under paragraph (1), the Secretary shall-- (A) advise the management entity in writing of the reasons for the disapproval; (B) make recommendations for revisions to the management plan; and (C) not later than 180 days after the receipt of any proposed revision of the management plan from the management entity, approve or disapprove the proposed revision. (4) Amendments.-- (A) In general.--The Secretary shall approve or disapprove each amendment to the management plan that the Secretary determines make a substantial change to the management plan. (B) Use of funds.--The management entity shall not use Federal funds authorized by this Act to carry out any amendments to the management plan until the Secretary has approved the amendments. SEC. 6. RELATIONSHIP TO OTHER FEDERAL AGENCIES. (a) In General.--Nothing in this Act affects the authority of a Federal agency to provide technical or financial assistance under any other law. (b) Consultation and Coordination.--The head of any Federal agency planning to conduct activities that may have an impact on the Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the management entity to the maximum extent practicable. (c) Other Federal Agencies.--Nothing in this Act-- (1) modifies, alters, or amends any law or regulation authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency; (2) limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the Heritage Area; or (3) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency. SEC. 7. PRIVATE PROPERTY AND REGULATORY PROTECTIONS. Nothing in this Act-- (1) abridges the rights of any property owner (whether public or private), including the right to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area; (2) requires any property owner to permit public access (including access by Federal, State, or local agencies) to the property of the property owner, or to modify public access or use of property of the property owner under any other Federal, State, or local law; (3) alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State or local agency, or conveys any land use or other regulatory authority to the management entity; (4) authorizes or implies the reservation or appropriation of water or water rights; (5) diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; or (6) creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property. SEC. 8. EVALUATION; REPORT. (a) In General.--Not later than 3 years before the date on which authority for Federal funding terminates for the Heritage Area, the Secretary shall-- (1) conduct an evaluation of the accomplishments of the Heritage Area; and (2) prepare a report in accordance with subsection (c). (b) Evaluation.--An evaluation conducted under subsection (a)(1) shall-- (1) assess the progress of the management entity with respect to-- (A) accomplishing the purposes of this Act for the Heritage Area; and (B) achieving the goals and objectives of the approved management plan for the Heritage Area; (2) analyze the Federal, State, local, and private investments in the Heritage Area to determine the leverage and impact of the investments; and (3) review the management structure, partnership relationships, and funding of the Heritage Area for purposes of identifying the critical components for sustainability of the Heritage Area. (c) Report.-- (1) In general.--Based on the evaluation conducted under subsection (a)(1), the Secretary shall prepare a report that includes recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area. (2) Required analysis.--If the report prepared under paragraph (1) recommends that Federal funding for the Heritage Area be reauthorized, the report shall include an analysis of-- (A) ways in which Federal funding for the Heritage Area may be reduced or eliminated; and (B) the appropriate time period necessary to achieve the recommended reduction or elimination. (3) Submission to congress.--On completion of the report, the Secretary shall submit the report to-- (A) the Committee on Energy and Natural Resources of the Senate; and (B) the Committee on Natural Resources of the House of Representatives. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $10,000,000, of which not more than $1,000,000 may be made available for any fiscal year. SEC. 10. TERMINATION OF AUTHORITY. The authority of the Secretary to provide assistance under this Act terminates on the date that is 15 years after the date of enactment of this Act. | Sangre de Cristo National Heritage Area Act - Establishes the Sangre de Cristo National Heritage Area in Colorado. Designates the Sangre de Cristo National Heritage Area Board of Directors as the management entity for the Heritage Area. Requires the Board to prepare and submit a management plan for the Heritage Area. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Agricultural Assistance Act of 2004''. SEC. 2. DEFINITION OF SECRETARY. In this Act, the term ``Secretary'' means the Secretary of Agriculture. SEC. 3. CROP DISASTER ASSISTANCE. (a) Definitions.--In this section: (1) Additional coverage.--The term ``additional coverage'' has the meaning given the term in section 502(b) of the Federal Crop Insurance Act (7 U.S.C. 1502(b)). (2) Insurable commodity.-- (A) In general.--The term ``insurable commodity'' means an agricultural commodity for which the producers on a farm are eligible to obtain a policy or plan of insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.). (B) Exclusion.--The term ``insurable commodity'' does not include livestock. (3) Noninsurable commodity.--The term ``noninsurable commodity'' means an eligible crop for which the producers on a farm are eligible to obtain assistance under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333). (b) Assistance Available.--The Secretary shall use such sums as are necessary of funds of the Commodity Credit Corporation to make emergency financial assistance available to producers on a farm that have incurred qualifying losses for the 2004 crop of an agricultural commodity due to damaging weather or related condition, as determined by the Secretary. (c) Administration.-- (1) Use of former administrative authority.--Except as provided in paragraph (2), the Secretary shall make assistance available under this section in the same manner as provided under section 815 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (as enacted into law by Public Law 106-387; 114 Stat. 1549A-55), including using the same loss thresholds for quantity and quality losses as were used in administering that section. (2) Payment rate.--The payment rate for a crop for assistance provided under this section to the producers on a farm shall be calculated as follows: (A) If the producers obtained a policy or plan of insurance, including a catastrophic risk protection plan, for the crop under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.), 50 percent of the applicable price for the crop. (B) If a policy or plan of insurance, including a catastrophic risk protection plan, for the crop was not available to the producers under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.), 50 percent of the applicable price for the crop. (C) Subject to subsections (d) and (e), if the producers did not obtain a policy or plan of insurance, including a catastrophic risk protection plan, available for the crop under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.), 40 percent of the applicable price for the crop. (d) Ineligibility for Assistance.--Except as provided in subsection (e), the producers on a farm shall not be eligible for assistance under this section with respect to losses to an insurable commodity or noninsurable commodity if the producers on the farm-- (1) in the case of an insurable commodity, did not obtain a policy or plan of insurance for the insurable commodity under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) for the crop incurring the losses; and (2) in the case of a noninsurable commodity, did not file the required paperwork, and pay the administrative fee by the applicable State filing deadline, for the noninsurable commodity under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333) for the crop incurring the losses. (e) Contract Waiver.--The Secretary may waive subsection (d) with respect to the producers on a farm if the producers enter into a contract with the Secretary under which the producers agree-- (1) in the case of an insurable commodity, to obtain a policy or plan of insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) providing additional coverage for the insurable commodity for each of the next 2 crops; and (2) in the case of a noninsurable commodity, to file the required paperwork, and pay the administrative fee by the applicable State filing deadline, for the noninsurable commodity for each of the next 2 crops under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333). (f) Effect of Violation.--In the event of the violation of a contract under subsection (e) by a producer, the producer shall reimburse the Secretary for the full amount of the assistance provided to the producer under this section. SEC. 4. LIVESTOCK ASSISTANCE. (a) Definitions.--In this section: (1) Disaster county.--The term ``disaster county'' means a county included in the geographic area covered by a qualifying natural disaster declaration for calendar year 2004. (2) Qualifying natural disaster declaration.--The term ``qualifying natural disaster declaration'' means-- (A) a natural disaster declared by the Secretary under section 321(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961(a)); or (B) a major disaster or emergency designated by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.). (b) Livestock Assistance Program.-- (1) Assistance available.-- (A) In general.--Subject to subsection (c), the Secretary shall use such sums as are necessary of funds of the Commodity Credit Corporation to establish a program under which payments are made to livestock producers for losses in a disaster county. (B) Criteria.--To carry out the program, the Secretary shall use the criteria established to carry out the 1999 Livestock Assistance Program, except that, in lieu of the gross revenue criteria used for the 1999 Livestock Assistance Program, the Secretary shall use the adjusted gross income limitation contained in section 1001D of the Food Security Act of 1985 (7 U.S.C. 1308-3a). (c) Relationship of Livestock Assistance Programs.--The amount of assistance that the producers would otherwise receive for a loss under the livestock assistance program shall be reduced by the amount of the assistance that the producers receive under any other livestock assistance program, as determined by the Secretary. SEC. 5. FUNDING. The Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out this Act, and such funds shall remain available to carry out this Act until expended. SEC. 6. REGULATIONS. (a) In General.--The Secretary may promulgate such regulations as are necessary to implement this Act. (b) Procedure.--The promulgation of the regulations and administration of this Act shall be made without regard to-- (1) the notice and comment provisions of section 553 of title 5, United States Code; (2) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and (3) chapter 35 of title 44, United States Code (commonly known as the ``Paperwork Reduction Act''). (c) Congressional Review of Agency Rulemaking.--In carrying out this section, the Secretary shall use the authority provided under section 808 of title 5, United States Code. | Agricultural Assistance Act of 2004 - Directs the Secretary of Agriculture to provide: (1) emergency financial assistance to agricultural producers who have incurred qualifying 2004 crop losses due to weather or related conditions; and (2) payments to livestock producers who have incurred 2004 losses in an emergency- or disaster-designated county. Sets forth crop payment rate and eligibility provisions. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Breast Cancer Patient Protection Act of 1997''. SEC. 2. COVERAGE OF MINIMUM HOSPITAL STAY FOR CERTAIN BREAST CANCER TREATMENT. (a) Group Health Plans.-- (1) Public health service act amendments.-- (A) In general.--Subpart 2 of part A of title XXVII of the Public Health Service Act, as amended by section 703(a) of Public Law 104-204, is amended by adding at the end the following new section: ``SEC. 2706. STANDARDS RELATING TO BENEFITS FOR CERTAIN BREAST CANCER TREATMENT. ``(a) Requirements for Minimum Hospital Stay Following Mastectomy or Lymph Node Dissection.-- ``(1) In general.--A group health plan, and a health insurance issuer offering group health insurance coverage, may not-- ``(A) except as provided in paragraph (2)-- ``(i) restrict benefits for any hospital length of stay in connection with a mastectomy for the treatment of breast cancer to less than 48 hours, or ``(ii) restrict benefits for any hospital length of stay in connection with a lymph node dissection for the treatment of breast cancer to less than 24 hours, or ``(B) require that a provider obtain authorization from the plan or the issuer for prescribing any length of stay required under subparagraph (A) (without regard to paragraph (2)). ``(2) Exception.--Paragraph (1)(A) shall not apply in connection with any group health plan or health insurance issuer in any case in which the decision to discharge the woman involved prior to the expiration of the minimum length of stay otherwise required under paragraph (1)(A) is made by an attending provider in consultation with the woman. ``(b) Prohibitions.--A group health plan, and a health insurance issuer offering group health insurance coverage in connection with a group health plan, may not-- ``(1) deny to a woman eligibility, or continued eligibility, to enroll or to renew coverage under the terms of the plan, solely for the purpose of avoiding the requirements of this section; ``(2) provide monetary payments or rebates to women to encourage such women to accept less than the minimum protections available under this section; ``(3) penalize or otherwise reduce or limit the reimbursement of an attending provider because such provider provided care to an individual participant or beneficiary in accordance with this section; ``(4) provide incentives (monetary or otherwise) to an attending provider to induce such provider to provide care to an individual participant or beneficiary in a manner inconsistent with this section; or ``(5) subject to subsection (c)(3), restrict benefits for any portion of a period within a hospital length of stay required under subsection (a) in a manner which is less favorable than the benefits provided for any preceding portion of such stay. ``(c) Rules of Construction.-- ``(1) Nothing in this section shall be construed to require a woman who is a participant or beneficiary-- ``(A) to undergo a mastectomy or lymph node dissection in a hospital; or ``(B) to stay in the hospital for a fixed period of time following a mastectomy or lymph node dissection. ``(2) This section shall not apply with respect to any group health plan, or any group health insurance coverage offered by a health insurance issuer, which does not provide benefits for hospital lengths of stay in connection with a mastectomy or lymph node dissection for the treatment of breast cancer. ``(3) Nothing in this section shall be construed as preventing a group health plan or issuer from imposing deductibles, coinsurance, or other cost-sharing in relation to benefits for hospital lengths of stay in connection with a mastectomy or lymph node dissection for the treatment of breast cancer under the plan (or under health insurance coverage offered in connection with a group health plan), except that such coinsurance or other cost-sharing for any portion of a period within a hospital length of stay required under subsection (a) may not be greater than such coinsurance or cost-sharing for any preceding portion of such stay. ``(d) Notice.--A group health plan under this part shall comply with the notice requirement under section 713(d) of the Employee Retirement Income Security Act of 1974 with respect to the requirements of this section as if such section applied to such plan. ``(e) Level and Type of Reimbursements.--Nothing in this section shall be construed to prevent a group health plan or a health insurance issuer offering group health insurance coverage from negotiating the level and type of reimbursement with a provider for care provided in accordance with this section. ``(f) Preemption; Exception for Health Insurance Coverage in Certain States.-- ``(1) In general.--The requirements of this section shall not apply with respect to health insurance coverage if there is a State law (as defined in section 2723(d)(1)) for a State that regulates such coverage that is described in any of the following subparagraphs: ``(A) Such State law requires such coverage to provide for at least a 48-hour hospital length of stay following a mastectomy performed for treatment of breast cancer and at least a 24-hour hospital length of stay following a lymph node dissection for treatment of breast cancer. ``(B) Such State law requires, in connection with such coverage for surgical treatment of breast cancer, that the hospital length of stay for such care is left to the decision of (or required to be made by) the attending provider in consultation with the woman involved. ``(2) Construction.--Section 2723(a)(1) shall not be construed as superseding a State law described in paragraph (1).''. (B) Conforming amendment.--Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)), as amended by section 604(b)(2) of Public Law 104-204, is amended by striking ``section 2704'' and inserting ``sections 2704 and 2706''. (2) ERISA amendments.-- (A) In general.--Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974, as amended by section 702(a) of Public Law 104-204, is amended by adding at the end the following new section: ``SEC. 713. STANDARDS RELATING TO BENEFITS FOR CERTAIN BREAST CANCER TREATMENT. ``(a) Requirements for Minimum Hospital Stay Following Mastectomy or Lymph Node Dissection.-- ``(1) In general.--A group health plan, and a health insurance issuer offering group health insurance coverage, may not-- ``(A) except as provided in paragraph (2)-- ``(i) restrict benefits for any hospital length of stay in connection with a mastectomy for the treatment of breast cancer to less than 48 hours, or ``(ii) restrict benefits for any hospital length of stay in connection with a lymph node dissection for the treatment of breast cancer to less than 24 hours, or ``(B) require that a provider obtain authorization from the plan or the issuer for prescribing any length of stay required under subparagraph (A) (without regard to paragraph (2)). ``(2) Exception.--Paragraph (1)(A) shall not apply in connection with any group health plan or health insurance issuer in any case in which the decision to discharge the woman involved prior to the expiration of the minimum length of stay otherwise required under paragraph (1)(A) is made by an attending provider in consultation with the woman. ``(b) Prohibitions.--A group health plan, and a health insurance issuer offering group health insurance coverage in connection with a group health plan, may not-- ``(1) deny to a woman eligibility, or continued eligibility, to enroll or to renew coverage under the terms of the plan, solely for the purpose of avoiding the requirements of this section; ``(2) provide monetary payments or rebates to women to encourage such women to accept less than the minimum protections available under this section; ``(3) penalize or otherwise reduce or limit the reimbursement of an attending provider because such provider provided care to an individual participant or beneficiary in accordance with this section; ``(4) provide incentives (monetary or otherwise) to an attending provider to induce such provider to provide care to an individual participant or beneficiary in a manner inconsistent with this section; or ``(5) subject to subsection (c)(3), restrict benefits for any portion of a period within a hospital length of stay required under subsection (a) in a manner which is less favorable than the benefits provided for any preceding portion of such stay. ``(c) Rules of Construction.-- ``(1) Nothing in this section shall be construed to require a woman who is a participant or beneficiary-- ``(A) to undergo a mastectomy or lymph node dissection in a hospital; or ``(B) to stay in the hospital for a fixed period of time following a mastectomy or lymph node dissection. ``(2) This section shall not apply with respect to any group health plan, or any group health insurance coverage offered by a health insurance issuer, which does not provide benefits for hospital lengths of stay in connection with a mastectomy or lymph node dissection for the treatment of breast cancer. ``(3) Nothing in this section shall be construed as preventing a group health plan or issuer from imposing deductibles, coinsurance, or other cost-sharing in relation to benefits for hospital lengths of stay in connection with a mastectomy or lymph node dissection for the treatment of breast cancer under the plan (or under health insurance coverage offered in connection with a group health plan), except that such coinsurance or other cost-sharing for any portion of a period within a hospital length of stay required under subsection (a) may not be greater than such coinsurance or cost-sharing for any preceding portion of such stay. ``(d) Notice Under Group Health Plan.--The imposition of the requirements of this section shall be treated as a material modification in the terms of the plan described in section 102(a)(1), for purposes of assuring notice of such requirements under the plan; except that the summary description required to be provided under the last sentence of section 104(b)(1) with respect to such modification shall be provided by not later than 60 days after the first day of the first plan year in which such requirements apply. ``(e) Level and Type of Reimbursements.--Nothing in this section shall be construed to prevent a group health plan or a health insurance issuer offering group health insurance coverage from negotiating the level and type of reimbursement with a provider for care provided in accordance with this section. ``(f) Preemption; Exception for Health Insurance Coverage in Certain States.-- ``(1) In general.--The requirements of this section shall not apply with respect to health insurance coverage if there is a State law (as defined in section 731(d)(1)) for a State that regulates such coverage that is described in any of the following subparagraphs: ``(A) Such State law requires such coverage to provide for at least a 48-hour hospital length of stay following a mastectomy performed for treatment of breast cancer and at least a 24-hour hospital length of stay following a lymph node dissection for treatment of breast cancer. ``(B) Such State law requires, in connection with such coverage for surgical treatment of breast cancer, that the hospital length of stay for such care is left to the decision of (or required to be made by) the attending provider in consultation with the woman involved. ``(2) Construction.--Section 731(a)(1) shall not be construed as superseding a State law described in paragraph (1).''. (B) Conforming amendments.-- (i) Section 731(c) of such Act (29 U.S.C. 1191(c)), as amended by section 603(b)(1) of Public Law 104-204, is amended by striking ``section 711'' and inserting ``sections 711 and 713''. (ii) Section 732(a) of such Act (29 U.S.C. 1191a(a)), as amended by section 603(b)(2) of Public Law 104-204, is amended by striking ``section 711'' and inserting ``sections 711 and 713''. (iii) The table of contents in section 1 of such Act is amended by inserting after the item relating to section 712 the following new item: ``Sec. 713. Standards relating to benefits for certain breast cancer treatment.''. (b) Individual Health Insurance.-- (1) In general.--Part B of title XXVII of the Public Health Service Act, as amended by section 605(a) of Public Law 104- 204, is amended by inserting after section 2751 the following new section: ``SEC. 2752. STANDARDS RELATING TO BENEFITS FOR CERTAIN BREAST CANCER TREATMENT. ``(a) In General.--The provisions of section 2706 (other than subsection (d)) shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as it applies to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market. ``(b) Notice.--A health insurance issuer under this part shall comply with the notice requirement under section 713(d) of the Employee Retirement Income Security Act of 1974 with respect to the requirements referred to in subsection (a) as if such section applied to such issuer and such issuer were a group health plan. ``(c) Preemption; Exception for Health Insurance Coverage in Certain States.-- ``(1) In general.--The requirements of this section shall not apply with respect to health insurance coverage if there is a State law (as defined in section 2723(d)(1)) for a State that regulates such coverage that is described in any of the following subparagraphs: ``(A) Such State law requires such coverage to provide for at least a 48-hour hospital length of stay following a mastectomy performed for treatment of breast cancer and at least a 24-hour hospital length of stay following a lymph node dissection for treatment of breast cancer. ``(B) Such State law requires, in connection with such coverage for surgical treatment of breast cancer, that the hospital length of stay for such care is left to the decision of (or required to be made by) the attending provider in consultation with the woman involved. ``(2) Construction.--Section 2762(a) shall not be construed as superseding a State law described in paragraph (1).''. (2) Conforming amendment.--Section 2762(b)(2) of such Act (42 U.S.C. 300gg-62(b)(2)), as added by section 605(b)(3)(B) of Public Law 104-204, is amended by striking ``section 2751'' and inserting ``sections 2751 and 2752''. (c) Effective Dates.-- (1) Group market.--The amendments made by subsection (a) shall apply with respect to group health plans for plan years beginning on or after January 1, 1998. (2) Individual market.--The amendment made by subsection (b) shall apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after such date. | Breast Cancer Patient Protection Act of 1997 - Amends the Public Health Service Act to prohibit group health plans and health insurance issuers offering group health insurance coverage, with regard to hospital stays in connection with breast cancer treatment, from: (1) covering less than 48 hours after mastectomies or less than 24 hours after lymph node dissections; or (2) requiring plan or issuer authorization for prescribing any length of stay. Prohibits: (1) denying eligibility, enrollment, or renewal to avoid these requirements; (2) providing payments or rebates to women; or (3) penalizing or providing incentives to providers. Applies the same requirements to issuers in the individual market. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening the Child Welfare Response to Human Trafficking Act of 2013''. SEC. 2. BEST PRACTICES GUIDELINES TO COMBAT TRAFFICKING OF CHILDREN. Within 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall develop and publish guidelines to assist State, Indian tribe, and tribal organization child welfare agencies and juvenile and family courts in efforts to appropriately serve youth who are victims of trafficking (as defined in section 103(15) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(15))) and youth who are at-risk of becoming such a victim. In developing the guidelines, the Secretary shall consult appropriate agencies throughout the Federal Government, including the Department of Justice, the Federal Bureau of Investigation, the Department of Homeland Security, the Department of Education, the Department of Labor, and the Trafficking in Persons Office of the Department of State. In developing the guidelines, the Secretary should also utilize multi-disciplinary research, evidence-based and promising models and programs, and is encouraged to include input from child welfare agencies that have developed trafficking-specific programs, juvenile and family courts, law enforcement agencies with anti-human trafficking protocols in place, runaway and homeless youth organizations, anti- human trafficking nonprofit organizations, and human trafficking survivors. The guidelines shall include sections on the following: (1) Personnel resources.--Sample training materials, protocols, and screening tools that prepare child welfare personnel to identify and serve youth who are victims of trafficking (as so defined) or are at-risk of becoming such a victim. (2) Service delivery.--Specific strategies to identify victims, manage cases, and improve services to meet the unique needs of foster youth who are also victims of trafficking (as so defined). The strategies should be comprehensive, multi- disciplinary, client-centered, strength-based, trauma-informed, and inclusive of all genders. (3) Collaboration.--Sample protocols for effective, cross- system collaboration between local agencies and non-profit organizations, including child welfare, medical and health professionals, Federal, State, and local police, juvenile detention centers and courts, and runaway and homeless youth programs, schools, and organizations already serving victims of trafficking (as so defined). (4) Residential placement.--A list of recommendations to establish safe residential placements for foster youth who have been trafficked (as so defined) as well as training guidelines for caregivers that serve youth being cared for outside the home. (5) Documentation and data.--Sample protocols and recommended strategies in order to identify victims as well as collect, document, and share data across systems. Recommendations should be designed to help agencies better understand the type of trafficking involved, the scope of the problem, the specific needs of the population to be served, and the degree of victim interaction with multiple systems. Recommendations may address incorporating human trafficking designations in existing statewide automated child welfare information systems. (6) Prevention.--Recommended actions for child welfare agencies and personnel that will help to prevent foster youth from becoming victims of human trafficking. SEC. 3. STREAMLINE DATA COLLECTION AND REPORTING. (a) State Plan Requirements Under the Foster Care and Adoption Assistance Program.--Section 471(a) of the Social Security Act (42 U.S.C. 671(a)) is amended-- (1) by striking ``and'' at the end of paragraph (32); (2) by striking the period at the end of paragraph (33) and inserting ``; and''; and (3) by adding at the end the following: ``(34) provides that-- ``(A) reasonable efforts shall be made to-- ``(i) identify and document appropriately in agency records each child over whom the agency has responsibility for placement, care, or supervision and who is identified as being a victim of trafficking (as defined in section 103(15) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(15))), as such a victim; and ``(ii) specify in the records of the agency the type of trafficking described in subparagraphs (A) and (B) of section 103(9) of such Act to which the child has been subjected; and ``(B) the agency shall report within 72 hours to appropriate law enforcement agencies for entry into the National Crime Information Center database the identity of each child to whom the agency is providing child welfare services who-- ``(i) is missing or has been abducted; or ``(ii) is identified as a victim of trafficking (as so defined).''. (b) CAPTA Amendments.--Section 106 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a) is amended-- (1) in subsection (b)(2)(B)-- (A) in clause (xxii), by striking ``and'' at the end; (B) in clause (xxiii), by striking the semicolon at the end and inserting ``; and''; and (C) by adding at the end the following: ``(xxiv) provisions and procedures for the assessment and identification of victims of trafficking (as described in paragraph (9) of section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102)), as well as comprehensive training and services to serve such victims;''; and (2) in subsection (d), by adding at the end the following: ``(17) The number of children determined to be a victim of each type of trafficking described in subparagraphs (A) and (B) of section 103(9) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(9)).''. SEC. 4. REPORT TO THE CONGRESS. Within 18 months after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to the Congress a report that-- (1) outlines the prevalence of the acts and practices that constitute severe forms of trafficking in persons (as defined in section 103(9) of the Trafficking Victims Protection Act of 2000) and describes the specific type of trafficking described in such section to which children who are under the placement, care, or supervision of State, Indian tribe, or tribal organization child welfare agencies nationwide have been subjected; (2) includes the general trends and context of trafficking sustained by the children, including specific information on victims of sex trafficking (as described in section 103(9)(A) of such Act) and victims of labor trafficking (as described in section 103(9)(B) of such Act); (3) lists data specific to each State, Indian tribe, or tribal organization child welfare agency; (4) summarizes the practices and protocols utilized by State agencies to identify and serve child victims of trafficking (as defined in section 103(15) of such Act) as well as the extent to which these procedures exist within State agencies around the Nation; (5) proposes an ongoing method of supporting and monitoring the efforts of State, Indian tribe, and tribal organization child welfare agencies to serve children over whom the agency has responsibility for placement, care, or supervision and who are identified as being a victim of trafficking (as defined in section 103(15) of such Act); (6) evaluates the feasibility and appropriateness of collecting annual or semiannual data from child welfare agencies regarding the number of and services provided to child trafficking victims served by child welfare agencies; (7) evaluates the effects of the method proposed under paragraph (2) of this subsection on the agencies with responsibility for implementing the method; and (8) specifies any changes in law or regulation that will be necessary to implement the method proposed under such paragraph (2). SEC. 5. EFFECTIVE DATE. (a) In General.--Except as otherwise provided in this section, the amendments made by this Act shall take effect on the date that is 1 year after the date of the enactment of this Act. (b) Delay Permitted if State Legislation Required.--In the case of a State plan approved under part E of title IV of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by this Act, the State plan shall not be regarded as failing to comply with the requirements of such part solely on the basis of the failure of the plan to meet such additional requirements before the 1st day of the 1st calendar quarter beginning after the close of the 1st regular session of the State legislature that ends after the 1-year period beginning with the date of the enactment of this Act. For purposes of the preceding sentence, in the case of a State that has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature. | Strengthening the Child Welfare Response to Human Trafficking Act of 2013 - Directs the Secretary of Health and Human Services (HHS) to develop and publish guidelines to assist state, Indian tribe, and tribal organization child welfare agencies and juvenile and family courts in efforts to serve appropriately youth who are victims of trafficking and youth at-risk of becoming such. Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to require a state plan for foster care and adoption assistance to require reasonable efforts be made to: (1) identify as a victim of trafficking and document appropriately in agency records each child who is such a victim over whom the agency has responsibility for placement, care, or supervision; and (2) specify in agency records the type of trafficking to which the child has been subjected. Requires the plan to require the agency to report within 72 hours to appropriate law enforcement agencies for entry into the National Crime Information Center database the identity of each child to whom the agency is providing child welfare services who is missing or has been abducted or is identified as a victim of trafficking. Amends the Child Abuse Prevention and Treatment Act to require the state plan for use of a grant for a child abuse or neglect prevention program to contain an assurance that the state law has in place provisions and procedures for the assessment and identification of victims of trafficking, as well as comprehensive training and services to serve such victims. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Foreclosure Prevention and Homeownership Protection Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress makes the following findings: (1) The United States is experiencing a wave of foreclosures and mortgage lending problems that has had widespread negative repercussions for world credit markets, the United States economy, and neighborhoods and families in the United States. (2) The large number of actors, the complexity of the transactions involved, and the lack of clear lines of accountability have revealed numerous opportunities to improve legislative and regulatory oversight of the industries involved. (3) This crisis has caused many Americans to lose their homes, their jobs, and their financial stability. (4) The magnitude of this crisis, the likelihood that foreclosure filings will continue to increase, and the widespread effects throughout the world economy make it critically important that a bipartisan commission undertake a comprehensive examination of the causes of this crisis, the solutions to the crisis, and the legislative and regulatory changes that will prevent such a crisis from occurring in the future. (b) Purpose.--The purpose of this Act is to establish a Commission to perform a detailed and comprehensive examination of the origins and causes of the current foreclosure crisis and to issue a report of its findings to the President and to the Congress, which shall also recommend legislative and regulatory changes that will assist homeowners who are currently in danger of losing their homes, stem the rising tide of foreclosures, and prevent the occurrence of similar crises in the future. SEC. 3. ESTABLISHMENT. There is established a bipartisan commission to be known as the Commission to Preserve the American Dream (in this Act referred to as the ``Commission''). SEC. 4. MEMBERSHIP. (a) Members.--The Commission shall be composed of the following individuals or their designees: (1) 1 member shall be appointed by the Speaker of the House of Representatives, in consultation with the majority leader of the Senate, who shall serve as chairperson of the Commission. (2) The Secretary of Housing and Urban Development. (3) The Chairman of the Board of Governors of the Federal Reserve System. (4) The chief executive officer of the Federal National Mortgage Association. (5) The chief executive officer of the Federal Home Loan Mortgage Corporation. (6) 8 additional members or their designees, appointed in the following manner: (A) 2 members appointed by the Speaker of the House of Representatives. (B) 2 members appointed by the minority leader of the House of Representatives. (C) 2 members appointed by the majority leader of the Senate. (D) 2 members appointed by the minority leader of the Senate. (b) Consultation Required.--The Speaker of the House of Representatives, the minority leader of the House of Representatives, the majority leader of the Senate, and the minority leader of the Senate shall consult among themselves prior to the appointment of the members of the Commission designated in subsection (a)(6) in order to achieve, to the maximum extent possible, fair and equitable representation of various points of view with respect to the matters to be studied by the Commission. (c) Background.--The members of the Commission designated in subsection (a)(6) shall have expertise in a broad range of issues, including community housing, consumer lending, real estate finance, economics, mortgage banking, loan servicing, credit risk assessment, and the operation of housing finance agencies at the State government level. (d) Period of Appointment.-- (1) In general.--Each member of the Commission shall be appointed for the life of the Commission. (2) Vacancies.--A vacancy on the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment was made. (e) Quorum.-- (1) Majority.--A majority of the members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (2) Approval actions.--All recommendations and reports of the Commission required by this Act shall be approved only by a majority vote of a quorum of the Commission. (f) Meetings.-- (1) First meeting.--The Speaker of the House shall call the first meeting of the Commission not later than-- (A) 60 days after the date of enactment of this Act; or (B) 30 days after the date of the enactment of legislation making appropriations to carry out this Act. (2) Subsequent meetings.--Except as provided in paragraph (1), the Commission shall meet at the call of the Chairperson. SEC. 5. DUTIES AND PURPOSE. (a) Assessments.--The Commission shall study and assess-- (1) the adequacy of the existing legal and regulatory framework to address the current foreclosure and mortgage lending crisis and to prevent similar crises from happening in the future; (2) the role of the States versus the role of the Federal Government in ensuring homeowners are protected against unscrupulous lending practices; and (3) the effects of this crisis on the domestic and world economies. (b) Recommendations.--The Commission shall make recommendations of-- (1) ways to assist homeowners currently in danger of losing their homes; (2) ways to encourage lenders and borrowers to work together to prevent foreclosure; and (3) legislative and regulatory changes that will provide protection for homeowners against unscrupulous lending practices and strengthen accountability for those involved in the mortgage lending market. SEC. 6. POWERS. (a) Hearings.--The Commission or, at its direction, any subcommittee or member of the Commission, may, for the purpose of carrying out this Act-- (1) hold such public hearings in such cities and countries, sit and act at such times and places, take such testimony, receive such evidence, and administer such oaths as the Commission or such subcommittee or member considers advisable; and (2) require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, documents, tapes, and materials as the Commission or such subcommittee or member considers advisable. (b) Issuance and Enforcement of Subpoenas.-- (1) Issuance.--Subpoenas issued under subsection (a) shall bear the signature of the Chairperson of the Commission and shall be served by any person or class of persons designated by the Chairperson for that purpose. (2) Enforcement.--In the case of contumacy or failure to obey a subpoena issued under subsection (a), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found 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 a contempt of that court. (c) Witness Allowances and Fees.--Section 1821 of title 28, United States Code, shall apply to witnesses requested or subpoenaed to appear at any hearing of the Commission. The per diem and mileage allowances for witnesses shall be paid from funds available to pay the expenses of the Commission. (d) Information From Federal Agencies.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to perform its duties. Upon request of the Chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission. (e) 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. SEC. 7. PERSONNEL. (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 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. (c) Staff.-- (1) In general.--The Chairperson of the Commission may, without regard to the civil service laws and regulations, appoint and terminate the employment of such personnel as may be necessary to enable the Commission to perform its duties. (2) Compensation.--The Chairperson of the Commission may fix the compensation of the personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (d) Detail of Government Employees.--Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (e) Procurement of Temporary and Intermittent Services.--The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (f) Other Administrative Matters.--The Commission may-- (1) enter into agreements with the Administrator of General Services to procure necessary financial and administrative services; (2) enter into contracts to procure supplies, services, and property; and (3) enter into contracts with Federal, State, or local agencies, or private institutions or organizations, for the conduct of research or surveys, the preparation of reports, and other activities necessary to enable the Commission to perform its duties. SEC. 8. REPORT. (a) In General.--Not later than 180 days after the appointment of the Commission members under section 4, the Commission shall submit to the President and the Congress a final report containing a detailed statement of its findings, together with any recommendations for legislation or administrative action that the Commission considers appropriate, in accordance with the requirements of section 5. (b) Considerations.--In developing any recommendations under subsection (a), the Commission shall consider-- (1) the role of the Federal Government in preventing similar crises in the future and its role in assisting homeowners today; (2) ways in which to strengthen accountability of all actors involved, including homeowners, mortgage brokers, lenders, appraisers, State housing agencies, the Federal Housing Administration, Government-sponsored enterprises, credit rating agencies, investors in collateralized debt obligations, the Federal Reserve System, and other Federal agencies with jurisdiction over entities involved with the foreclosure crisis; (3) the extent to which predatory and abusive lending practices contributed to the crisis and whether new legislation is required to curb such practices; (4) the role of subprime lending practices in precipitating this crisis; and (5) ways to prevent blight and whether targeted solutions may be required for neighborhoods that have been particularly hard hit by the crisis. SEC. 9. TERMINATION. The Commission shall terminate upon the expiration of the 90-day period beginning upon the date on which the Commission submits its report to the Congress under section 8(a). SEC. 10. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated $3,000,000 to carry out this Act. (b) Availability.--Any amounts appropriated pursuant to this section shall remain available, without fiscal year limitation, until expended. | Foreclosure Prevention and Homeownership Protection Act - Establishes the Commission to Preserve the American Dream (Commission) to study and report to Congress and the President on: (1) the adequacy of the existing legal and regulatory framework to address the current foreclosure and mortgage lending crisis and to prevent similar crises from happening in the future; (2) the role of the states versus the role of the federal government in ensuring homeowners are protected against unscrupulous lending practices; and (3) the effects of this crisis on the domestic and world economies. Requires the Commission to make recommendations regarding: (1) ways to assist homeowners currently in danger of losing their homes; (2) ways to encourage lenders and borrowers to work together to prevent foreclosure; and (3) legislative and regulatory changes to protect homeowners against unscrupulous lending practices and strengthen accountability for those involved in the mortgage lending market. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Power Marketing Administrations Privatization Act of 1994''. SEC. 2. PRIVATIZATION OF FEDERAL POWER MARKETING ADMINISTRATIONS. (a) Sense of Congress.--It is the sense of Congress that-- (1) the power generation and transmission facilities of the Federal Power Marketing Administrations should be privatized; and (2) the transfer of all property of the Federal Power Marketing Administrations remaining after such privatization should be made to other Federal, State, and local agencies in an orderly and expeditious manner. (b) Purposes.--The purposes of this section are-- (1) to achieve the intention of Congress set forth in subsection (a) by requiring the President to develop a plan-- (A) for the sale of the power generating and transmission facilities and equipment of the Federal Power Marketing Administrations to the private sector in groupings that will introduce competition into the generation and sale of electric power; (B) for the transfer to other governmental entities of all property of the Federal Power Marketing Administrations remaining after the sales and transfers described in subparagraph (A); and (C) for the orderly termination of the Federal Power Marketing Administrations after the completion of such sales and transfers; and (2) to provide a method for reducing the national debt through the use of the income derived from such sales and transfers. (c) Privatization Plan.-- (1) In general.--Not later than September 30, 1994, the President shall develop and transmit to Congress a plan for transferring, by sale or otherwise, all real property, facilities, and equipment of the Federal Power Marketing Administrations to appropriate public and private entities. (2) Contents.--The plan to be developed under paragraph (1) shall include, at a minimum, recommendations (including legislative recommendations) of the President concerning each of the following: (A) Transfer of power facilities and equipment.-- Transfer by sale of the power generation and transmission facilities and equipment of the Federal Power Marketing Administrations, including real property used in connection with such facilities and equipment, for the purpose of maximizing proceeds from such sales. Such transfers may provide for the sale of generating equipment and facilities to persons other than the persons to whom transmission facilities are sold. Such transfers shall be subject to the following conditions: Former customers of power from the Federal Power Marketing Administrations shall continue to be served and reliability of service shall be ensured by establishing control areas in cooperation with surrounding control areas. Such transfers may provide, to the extent practicable, for the grouping of facilities utilizing different sources of power (including coal-fired, nuclear, and hydroelectric generating facilities) and provide for access to the transmission grids of the Federal Power Marketing Administrations by such groupings to ensure availability of power from different sources and to enhance competition. All outstanding loans associated with such facilities and equipment shall be assumed by the purchasers. (B) Transfer of jurisdictional authority over real property.--Transfer to appropriate governmental departments and agencies, including the National Park Service, of jurisdictional authority over real property which is controlled by the Federal Power Marketing Administrations and which is not transferred under subparagraph (A). (C) Transfer of certain functions.--Transfer to appropriate Federal departments and agencies of functions of the Federal Power Marketing Administrations which are not related to power generation and sale. (D) Termination of federal power marketing administrations.--Termination of the Federal Power Marketing Administrations after the transfers under subparagraphs (A), (B), and (C) have been made. (3) Additional requirements.--The plan developed under paragraph (1) shall include-- (A) a step-by-step procedure to carry out the sales and transfers described in paragraph (2); (B) a timetable for implementation of each step of the plan; (C) an estimate of the amount of anticipated net proceeds from the sale of assets of the Federal Power Marketing Administrations; and (D) an estimate of the cost of implementing the plan. | Federal Power Marketing Administrations Privatization Act of 1994 - Expresses the sense of the Congress that: (1) the power generation and transmission facilities of the Federal Power Marketing Administrations should be privatized; and (2) all property remaining after such privatization should be transferred to other governmental agencies. Directs the President to transmit to the Congress a plan for transferring all real property, facilities, and equipment of the Federal Power Marketing Administrations to public and private entities. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Commercial Revitalization Tax Act of 1995''. SEC. 2. COMMERCIAL REVITALIZATION TAX CREDIT. (a) Allowance of Credit.--Section 46 of the Internal Revenue Code of 1986 (relating to investment credit) is amended by striking ``and'' at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting ``, and'', and by adding at the end the following new paragraph: ``(4) the commercial revitalization credit.'' (b) Commercial Revitalization Credit.--Subpart E of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to rules for computing investment credit) is amended by inserting after section 48 the following new section: ``SEC. 48A. COMMERCIAL REVITALIZATION CREDIT. ``(a) General Rule.--For purposes of section 46, except as provided in subsection (e), the commercial revitalization credit for any taxable year is an amount equal to the applicable percentage of the qualified revitalization expenditures with respect to any qualified revitalization building. ``(b) Applicable Percentage.--For purposes of this section-- ``(1) In general.--The term `applicable percentage' means-- ``(A) 20 percent, or ``(B) at the election of the taxpayer, 5 percent for each taxable year in the credit period. The election under subparagraph (B), once made, shall be irrevocable. ``(2) Credit period.-- ``(A) In general.--The term `credit period' means, with respect to any building, the period of 10 taxable years beginning with the taxable year in which the building is placed in service. ``(B) Applicable rules.--Rules similar to the rules under paragraphs (2) and (4) of section 42(f) shall apply. ``(c) Qualified Revitalization Buildings and Expenditures.--For purposes of this section-- ``(1) Qualified revitalization building.--The term `qualified revitalization building' means any building (and its structural components) if-- ``(A) such building is located in an eligible commercial revitalization area, ``(B) a commercial revitalization credit amount is allocated to the building under subsection (e), and ``(C) depreciation (or amortization in lieu of depreciation) is allowable with respect to the building. ``(2) Qualified rehabilitation expenditure.-- ``(A) In general.--The term `qualified rehabilitation expenditure' means any amount properly chargeable to capital account-- ``(i) for properly for which depreciation is allowable under section 168 and which is-- ``(I) nonresidential real property, or ``(II) an addition or improvement to property described in subclause (I), ``(ii) in connection with the construction or substantial rehabilitation or reconstruction of a qualified revitalization building, and ``(iii) for the acquisition of land in connection with the qualified revitalization building. ``(B) Dollar limitation.--The aggregate amount which may be treated as qualified revitalization expenditures with respect to any qualified revitalization building for any taxable year shall not exceed $10,000,000, reduced by any such expenditures with respect to the building taken into account by the taxpayer or any predecessor in determining the amount of the credit under this section for all preceding taxable years. ``(C) Certain expenditures not included.--The term `qualified revitalization expenditure' does not include-- ``(i) Straight line depreciation must be used.--Any expenditure (other than with respect to land acquisitions) with respect to which the taxpayer does not use the straight line method over a recovery period determined under subsection (c) or (g) of section 168. The preceding sentence shall not apply to any expenditure to the extent the alternative depreciation system of section 168(g) applies to such expenditure by reason of subparagraph (B) or (C) of section 168(g)(1). ``(ii) Acquisition costs.--The costs of acquiring any building or interest therein and any land in connection with such building to the extent that such costs exceed 30 percent of the qualified revitalization expenditures determined without regard to this clause. ``(iii) Other credits.--Any expenditure which the taxpayer may take into account in computing any other credit allowable under this part unless the taxpayer elects to take the expenditure into account only for purposes of this section. ``(3) Eligible commercial revitalization area.--The term `eligible commercial revitalization area' means-- ``(A) an empowerment zone or enterprise community designated under subchapter U, ``(B) any area established pursuant to any consolidated planning process for the use of Federal housing and community development funds, and ``(C) any other specially designated commercial revitalization district established by any State or local government, which is a low- income census tract or low-income nonmetropolitan area (as defined in subsection (e)(2)(C) and is not primarily a nonresidential central business district. ``(4) Substantial rehabilitation or reconstruction.--For purposes of this subsection, a rehabilitation or reconstruction shall be treated as a substantial rehabilitation or reconstruction only if the qualified revitalization expenditures in connection with the rehabilitation or reconstruction exceed 25 percent of the fair market value of the building (and its structural components) immediately before the rehabilitation or reconstruction. ``(d) When Expenditures Taken Into Account.-- ``(1) In general.--Qualified revitalization expenditures with respect to any qualified revitalization building shall be taken into account for the taxable year in which the qualified rehabilitated building is placed in service. For purposes of the preceding sentence, a substantial rehabilitation or reconstruction of a building shall be treated as a separate building. ``(2) Progress expenditure payments.--Rules similar to the rules of subsections (b)(2) and (d) of section 47 shall apply for purposes of this section. ``(e) Limitation on Aggregate Credits Allowable With Respect to Buildings Located in a State.-- ``(1) In general.--The amount of the credit determined under this section for any taxable year with respect to any building shall not exceed the commercial revitalization credit amount (in the case of an amount determined under subsection (b)(1)(B), the present value of such amount as determined under the rules of section 42(b)(2)(C)) allocated to such building under this subsection by the commercial revitalization credit agency. Such allocation shall be made at the same time and in the same manner as under paragraphs (1) and (7) of section 42(h). ``(2) Commercial revitalization credit amount for agencies.-- ``(A) In general.--The aggregate commercial revitalization credit amount which a commercial revitalization credit agency may allocate for any calendar year is the portion of the State commercial revitalization credit ceiling allocated under this paragraph for such calendar year for such agency. ``(B) State commercial revitalization credit ceiling.-- ``(i) In general.--The State commercial revitalization credit ceiling applicable to any State for any calendar year is an amount which bears the same ratio to the national ceiling for the calendar year as the population of low- income census tracts and low-income nonmetropolitan areas within the State bears to the population of such tracts and areas within all States. ``(ii) National ceiling.--For purposes of clause (i), the national ceiling is $100,000,000 for 1996, $200,000,000 for 1997, and $400,000,000 for calendar years after 1997. ``(iii) Other special rules.--Rules similar to the rules of subparagraphs (D), (E), (F), and (G) of section 42(h)(3) shall apply for purposes of this subsection. ``(C) Low-income areas.-- For purposes of subparagraph (B), the terms `low-income census tract' and low-income nonmetropolitan area' mean a tract or area in which, according to the most recent census data available, at least 50 percent of residents earned no more than 60 percent of the median household income for the applicable Metropolitan Standard Area, Consolidated Metropolitan Standard Area, or all nonmetropolitan areas in the State. ``(D) Commercial revitalization credit agency.--For purposes of this section, the term `commercial revitalization credit agency' means any agency authorized by a State to carry out this section. ``(E) State.--For purposes of this section, the term `State' includes a possession of the United States. ``(f) Responsibilities of Commercial Revitalization Credit Agencies.-- ``(1) Plans for allocation.--Notwithstanding any other provision of this section, the commercial revitalization credit dollar amount with respect to any building shall be zero unless-- ``(A) such amount was allocated pursuant to a qualified allocation plan of the commercial revitalization credit agency which is approved by the governmental unit (in accordance with rules similar to the rules of section 147(f)(2) (other than subparagraph (B)(ii) thereof)) of which such agency is a part, and ``(B) such agency notifies the chief executive officer (or its equivalent) of the local jurisdiction within which the building is located of such project and provides such individual a reasonable opportunity to comment on the project. ``(2) Qualified allocation plan.--For purposes of this subsection, the term `qualified allocation plan' means any plan-- ``(A) which sets forth selection criteria to be used to determine priorities of the commercial revitalization credit agency which are appropriate to local conditions, ``(B) which considers-- ``(i) the degree to which a project contributes to the implementation of a strategic plan that is devised for an eligible commercial revitalization area through a citizen participation process, ``(ii) the amount of any increase in permanent, full-time employment by reason of any project, and ``(iii) the active involvement of residents and nonprofit groups within the eligible commercial revitalization area, and ``(C) which provides a procedure that the agency (or its agent) will follow in monitoring for compliance with this section. ``(g) Termination.--This section shall not apply to any building placed in service after December 31, 2000.'' (b) Conforming Amendments.-- (1) Section 39(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(7) No carryback of section 48a credit before enactment.--No portion of the unused business credit for any taxable year which is attributable to any commercial revitalization credit determined under section 48A may be carried back to a taxable year ending before the date of the enactment of section 48A.'' (2) Subparagraph (B) of section 48(a)(2) of such Code is amended by inserting ``or commercial revitalization'' after ``rehabilitation'' each place it appears in the text and heading thereof. (3) Subparagraph (C) of section 49(a)(1) of such Code is amended by striking ``and'' at the end of clause (ii), by striking the period at the end of clause (iii) and inserting ``, and'', and by adding at the end the following new clause: ``(iv) the basis of any qualified revitalization building attributable to qualified revitalization expenditures.'' (4) Paragraph (2) of section 50(a) of such Code is amended by inserting ``or 48A(d)(2)'' after ``section 47(d)'' each place it appears. (5) Subparagraph (B) of section 50(a)(2) of such Code is amended by adding at the end the following new sentence: ``A similar rule shall apply for purposes of section 48A.'' (6) Paragraph (2) of section 50(b) of such Code is amended by striking ``and'' at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(E) a qualified revitalization building to the extent of the portion of the basis which is attributable to qualified revitalization expenditures.'' (7) Subparagraph (C) of section 50(b)(4) of such Code is amended by inserting ``or commercial revitalization'' after ``rehabilitated'' each place it appears in the text or heading thereof. (8) Subparagraph (C) of section 469(i)(3) is amended-- (A) by inserting ``or section 48A'' after ``section 42'', and (B) by striking ``credit'' in the heading and inserting ``and commercial revitalization credits''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 1995. | Commercial Revitalization Tax Act of 1995 - Amends the Internal Revenue Code to allow an investment tax credit equal to a percentage of expenditures for depreciable property in connection with the rehabilitation or reconstruction of a nonresidential building located in: (1) an empowerment zone or enterprise community; (2) an area established pursuant to a consolidated planning process for the use of Federal housing and community development funds; or (3) a low-income commercial revitalization district specially designated by a State or local government which is not primarily a nonresidential central business district. Requires, for qualification of such expenditures, that they exceed 25 percent of the fair market value of the building before rehabilitation. Imposes a State ceiling on the availability of the credit. |
TITLE I--CONGRESSIONAL ADVISORY COMMISSION ON AMATEUR BOXING SEC. 101. SHORT TITLE. This title may be cited as the ``Congressional Advisory Commission on Amateur Boxing Act of 1993''. SEC. 102. ESTABLISHMENT. There is established a Commission to be known as the Congressional Advisory Commission on Amateur Boxing (in this title referred to as the ``Commission''). SEC. 103. PURPOSE. The purpose of the Commission is to conduct studies and make legislative recommendations to the Congress based on the studies regarding the establishment of Federal standards for amateur boxing matches held in the United States. SEC. 104. MEMBERSHIP AND ORGANIZATION. (a) Number and Appointment.--The Commission shall be composed of ten members as follows: (1) Health officials.--Two members, one appointed by the Speaker of the House of Representatives and one appointed by the majority leader of the Senate, from a list of six individuals nominated for appointment jointly by the American Medical Association and the Association of Ringside Physicians. (2) State athletic commissioner.--One member appointed by the Speaker of the House of Representatives from among individuals who are or have been employed as State athletic commissioners. (3) Amateur boxing federation.--One member appointed by the majority leader of the Senate from among individuals who are members of the United States of America Amateur Boxing Federation, Incorporated. (4) Media.--One member appointed by the Speaker of the House of Representatives from among individuals who are employed in the media and are knowledgeable about boxing. (5) Amateur boxer.--One member appointed by the majority leader of the Senate from among individuals with special interests or experience in amateur boxing. (6) Professional boxers.--Four members, two appointed by the Speaker of the House of Representatives and two appointed by the majority leader of the Senate, from among individuals with special interests or experience in professional boxing. (b) Chairman and Vice Chairman.--The Chairman of the Commission shall be designated by the Speaker of the House of Representatives. The Vice Chairman of the Commission shall be designated by the majority leader of the Senate. (c) Basic Pay.-- (1) Members.--Except as provided in paragraph (2), members of the Commission shall each be paid at a rate not to exceed the daily equivalent of the minimum annual rate of basic pay in effect for grade GS-13 of the General Schedule for each day (including travel time) during which they are engaged in the actual performance of duties vested in the Commission. (2) Chairman and vice chairman.--The Chairman and the Vice Chairman of the Commission shall be paid at a rate not to exceed the daily equivalent of the minimum annual rate of basic pay in effect for grades GS-15 and GS-14 of the General Schedule, respectively, for each day (including travel time) during which they are engaged in the actual performance of duties vested in the Commission. (d) Organizational Meeting.-- (1) Time and purpose.--Not later than thirty days after all members have been appointed to the Commission, the Commission shall hold an organizational meeting to establish the rules and procedures necessary to carry out its responsibilities under this title subject to paragraph (2). (2) Rules and procedures.--The rules and procedures shall provide that-- (A) all Commission meetings shall be open to the public; (B) one-half of the total Commission membership shall constitute a quorum; and (C) a majority of members voting shall be required to authorize any recommendation or other official action of the Commission. SEC. 105. ADMINISTRATIVE POWERS. (a) Appointment and Compensation of Staff.-- (1) In general.--Subject to rules prescribed by the Commission, the Chairman may appoint and fix the pay of staff as the Chairman considers appropriate. (2) Applicability of certain civil service laws.--The staff of the Commission shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. (b) Experts and Consultants.--Subject to rules prescribed by the Commission, the Chairman may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (c) Staff of Federal Agencies.--Upon request of the Commission, the head of any Federal agency is authorized to detail, on a reimbursable basis, any of the personnel of the agency to the Commission to assist the Commission in carrying out its duties under this title. (d) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other Federal agencies. (e) Administrative Support Services.--The Administrator of General Services shall provide to the Commission, on a reimbursable basis, administrative support services requested by the Commission. SEC. 106. INVESTIGATIVE POWERS. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out this title, hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Commission considers appropriate. (b) Obtaining Official Data.--The Commission may secure directly from any Federal agency information necessary to enable it to carry out this title. Upon request of the Chairman of the Commission, the head of the agency shall furnish the information to the Commission. (c) Subpoena Power.-- (1) Issuance.--The Commission may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence that relates to any matter under investigation by the Commission. The attendance of witnesses and the production of evidence may be required from any place within a judicial district at any designated place of hearing within the judicial district. (2) Enforcement.--If a person issued a subpoena under paragraph (1) refuses to obey the subpoena or is guilty of contumacy, any court of the United States within the judicial district within which the hearing is conducted or within the judicial district within which the person is found or resides or transacts business may (upon application by the Commission) order the person to appear before the Commission to produce evidence or to give testimony relating to the matter under investigation. Any failure to obey the order of the court may be punished by the court as a contempt of the court. (3) Manner of service.--A subpoena 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) Place of service.--All process of any court to which application may be made under this section may be served in the judicial district in which the person required to be served resides or may be found. SEC. 107. REPORT. Not later than nine months after the organizational meeting of the Commission is held under section 104(d), the Commission shall submit to the Congress a report that contains a detailed statement of the findings and conclusions of the Commission, together with its recommendations for legislation it considers appropriate with respect to the following: (1) Licensing requirements.--Licensing requirements, including proficiency standards and evaluation for boxers, promoters, referees, judges, ringside physicians, timekeepers, and all other ring officials. (2) Health and medical requirements.--Health and medical requirements, including provision for prefight testing and examination of referees by physicians and for prefight and postfight testing and examination of boxers by physicians specializing in cardiological, neurological, and ophthalmological treatment. (3) Safety and performance standards.--Safety requirements and performance standards for equipment and facilities used in boxing matches. (4) Bonding requirements.--Requirements for bonding of promoters of boxing matches. (5) Insurance requirements.--Health, life, and accident insurance requirements for boxers. (6) Training programs.--Training programs and standards for referees, judges, and other appropriate ring officials. (7) Classification and ranking guidelines.--Guidelines and standards governing the classification and ranking of boxers and the establishment of a national authority to maintain an accurate and current account of the classifications and rankings. (8) National data base.--Establishment of a national data base of information on the health and medical condition, background, and ring record of boxers. (9) Reporting requirements.--Requirements governing the reporting of information needed to fulfill the requirements of paragraphs (7) and (8). (10) Fines and penalties.--Fines and penalties for violations of the national standards established under Federal law. SEC. 108. TERMINATION. The Commission shall cease to exist sixty days after submitting its report pursuant to section 107. SEC. 109. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated $2,000,000 to carry out this title. TITLE II--PROHIBITION OF PROFESSIONAL BOXING SEC. 201. SHORT TITLE. This title may be cited as the ``Federal Professional Boxing Prohibition Act of 1993''. SEC. 202. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that-- (1) although many sports may have higher death and injury rates, the injuries are coincidental to the purpose of the sport; the object of professional boxing is to inflict pain and physical damage to the extent of rendering the opponent senseless, defenseless, and unconscious; (2) head blows and knockouts, which eventually result in brain damage, are the most prevalent and direct means for a professional boxer to attain victory; (3) existing medical and safety controls are inadequate to prevent chronic brain damage in professional boxers; (4) the longer the boxing career of an individual, the greater the likelihood of brain damage to the individual; and (5) cumulative brain damage in professional boxers is not usually identified until its later stages, when it is generally considered irreversible. (b) Purpose.--The purpose of this title is to make unlawful the participation in or promotion of professional boxing in order to save lives, protect the health of prospective professional boxers, and prevent exploitation of prospective participants in professional boxing. SEC. 203. PROHIBITION OF PARTICIPATION IN OR PROMOTION OF PROFESSIONAL BOXING. (a) In General.--Chapter 89 of title 18, United States Code, is amended by inserting after section 1821 the following new section: ``Sec. 1822. Participation in or promotion of professional boxing ``(a) Offense.--Whoever participates in a professional boxing match in any capacity (including participation as a coach, fighter, judge, physician, referee, or timekeeper) or promotes a professional boxing match-- ``(1) shall be fined not more than $10,000 or imprisoned for not more than one year, or both; and ``(2) shall be required to forfeit any financial gain realized or to be realized as a direct result of the professional boxing match. ``(b) Definitions.--For purposes of this section: ``(1) Boxing.--The term `boxing' means the sport of fighting with fists (with or without boxing gloves). ``(2) Professional boxing match.--The term `professional boxing match' means a boxing match for which any financial gain (including any salary, gift, prize, or paid expenses) is received for participation in the boxing match. The term does not include an amateur boxing match. ``(3) Promotes.--The term `promotes' means initiates, directs, aids, or participates in organizing or financially supporting. ``(c) Nonapplicability of Standard Fines.--Section 3571 shall not apply to an offense under this section.''. (b) Conforming Amendment.--The table of sections at the beginning of chapter 89 of title 18, United States Code, is amended by inserting after the item relating to section 1821 the following: ``1822. Participation in or promotion of professional boxing.''. | TABLE OF CONTENTS: Title I: Congressional Advisory Commission on Amateur Boxing Title II: Prohibition of Professional Boxing Title I: Congressional Advisory Commission on Amateur Boxing - Congressional Advisory Commission on Amateur Boxing Act of 1993 - Establishes the Congressional Advisory Commission on Amateur Boxing to conduct studies and make legislative recommendations to the Congress for the establishment of Federal standards for amateur boxing matches. Requires the Commission to report to the Congress its findings and conclusions, together with any legislative recommendations concerning: (1) licensing requirements for boxers, promoters, physicians, and ring officials; (2) health and medical requirements for the examination of boxers; (3) safety and performance standards for equipment and facilities; (4) bonding requirements for promoters; (5) health, life, and accident insurance requirements for boxers; (6) training programs and standards for ring officials; (7) standards for ranking boxers; (8) a national data base of information on the health, background, and records of boxers; and (9) fines and penalties for violations of standards. Terminates the Commission 60 days after it submits the report. Authorizes appropriations. Title II: Prohibition of Professional Boxing - Federal Professional Boxing Prohibition Act of 1993 - Amends the Federal criminal code to make it a Federal offense to promote a boxing match or to participate in a professional boxing match in any capacity, including participation as a coach, fighter, judge, physician, referee, or timekeeper. Sets forth penalties for violation of this prohibition. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Save our Bays Act''. SEC. 2. PURPOSE. The purpose of this Act is to reduce non-point source pollution of any estuary in the National Estuary Program by promoting investment in any of the following: (1) Restoring and improving soil functionality, including by increasing water infiltration and water conservation. (2) Increasing storm water retention onsite. (3) Reducing impervious cover via usage of pervious materials in patios, walkways, and other surfaces. (4) Establishing a 10 to 25 foot wide buffer of native plants on private property which abuts any water body or wetland. SEC. 3. NON-POINT SOURCE POLLUTION. (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. NON-POINT SOURCE POLLUTION. ``(a) General Rule.--There shall be allowed as a credit against the tax imposed by this chapter an amount equal to the sum of-- ``(1) the non-point source pollution planning credit, plus ``(2) the non-point source pollution plan implementation credit. ``(b) Non-Point Source Pollution Planning Credit.--For purposes of this section, the non-point source pollution planning credit is an amount equal to $500 for developing a plan to address non-point source pollution carried by surface water runoff from eligible property that is owned by the taxpayer and certified by the County Soil Conversation District (in such manner as the County Soil Conversation District may determine) in which the real property is located, and ``(c) Non-Point Source Pollution Plan Implementation Credit.--The non-point source pollution plan implementation credit is an amount equal to the lesser of-- ``(1) the amount paid or incurred for implementing the plan referred to in subsection (b)(1) to mitigate non-point source pollution on eligible property that is owned by the taxpayer and certified by the County Soil Conversation District in which the real property is located, or ``(2) $2,500. ``(d) Eligible Property.--For purposes of this section, the term `eligible property' means real property which is located in the United States within the boundaries of an estuary of national significance, as designated under section 320 of the Federal Water Pollution Control Act (33 U.S.C. 1330), and from which there is non-point source pollution. ``(e) Special Rules.--For purposes of this section-- ``(1) Application to noncontiguous parcels.--Each parcel of noncontiguous real property shall be treated as separate. ``(2) Denial of double benefit.-- ``(A) Income tax.--No deduction or credit shall be allowed under any other provision of this chapter for amounts paid or incurred to develop or implement a non- point source pollution plan to the extent of amounts allowed as a credit under this section relating to such plan. ``(B) Other.--The amount of expenses otherwise taken into account under subsection (a) with respect to a taxpayer for a taxable year shall be reduced (before the application of subsections (b), (c), and (d)) by the aggregate amounts paid received by the taxpayer in any calendar year in which the taxable year of the taxpayer ends under title XII of the Food Security Act of 1985 (16 U.S.C. 3801 et seq.). ``(3) Election.--This section shall not apply to a taxpayer for any taxable year if such taxpayer elects to have this section not apply for such taxable year. ``(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 attributable 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 A for such taxable year. ``(g) Termination.--This section shall not apply to taxable years beginning after December 31, 2020.''. (b) Allowance as General Business Credit.--Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by adding at the end the following: ``(37) the portion of the non-point source pollution credit to which section 30E(f)(1) applies.''. (c) Clerical Amendment.--The table of contents for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 30E. Non-point source pollution.''. (d) Report.-- (1) Evaluation.--Not later than 1 year after the date of the enactment of this Act, and every year thereafter for as long as section 30E of the Internal Revenue Code of 1986 (as added by this section) is in effect, the Administrator of the Environmental Protection Agency and the Director of the U. S. Geological Survey, acting through a joint working group which the Administrator and the Director shall establish, shall evaluate the effectiveness of the credit allowed under such section 30E in achieving the purposes specified in section 2 and submit a report on such study and evaluation, together with recommendations relating thereto, to the committees of Congress specified in paragraph (2). (2) Committees.--The committees specified in this paragraph are the Committee on Ways and Means and the Committee on Natural Resources of the House of Representatives and the Committee on Environment and Public Works and the Committee on Finance of the Senate. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2015. | Save our Bays Act This bill amends the Internal Revenue Code to allow a new tax credit, through 2020, for developing and implementing a plan to address non-point pollution carried by surface water runoff on real property located in the United States within the boundaries of an estuary of national significance. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Green Communities Act''. SEC. 2. FINDINGS; PURPOSES; DEFINITIONS. (a) Findings.--Congress finds the following: (1) Landscaping adds to the economic value and sales appeal of commercial real estate and increases office occupancy rates. (2) Greening can change people's perceptions of their neighborhoods, reduce violence and crime, and increase neighborhood stability. (3) Planting new trees, improving streetscapes, and cleaning vacant lots increases property values. (4) People will stay longer and shop more in shopping districts that are well landscaped. (5) Improvements to neighborhood parks increase the value of single-family homes in the surrounding community. (6) Homes adjacent to vacant lots that are greened have a much higher property value than homes adjacent to vacant lots that have not been greened. (b) Purposes.--The purposes of this Act are to-- (1) promote investment in greening projects and programs as effective economic development tools; (2) connect urban economic development initiatives with environmental initiatives; (3) improve quality of life for city residents; and (4) encourage public-private partnerships. (c) Definitions.--In this Act: (1) Community greening initiatives.--The term ``community greening initiatives'' means programs increasing economic development through environmental improvements. (2) Eligible nonprofit organization.--The term ``eligible nonprofit organization'' means a nonprofit organization that receives a grant under section 4. (3) Eligible program partner.--The term ``eligible program partner'' means a municipality that receives a grant under section 3. (4) Green roof.--The term ``green roof'' means a roof consisting of vegetation and soil or a growing medium planted over a waterproofing membrane. (5) Green stormwater infrastructure.--The term ``green stormwater infrastructure'' means systems and practices that use or mimic natural processes to infiltrate, evapotranspirate, or reuse stormwater on the site where it occurs rather than transporting the water to a stream or treatment facility. (6) Nonprofit organization.--The term ``nonprofit organization'' means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code. (7) Secretary.--The term ``Secretary'' means the Secretary of Commerce. (8) Urban forestry.--The term ``urban forestry'' means an integrated citywide or neighborhood-wide approach to the planting, care, and management of trees in the city or the neighborhood in order to ensure environmental and social benefits for residents. SEC. 3. INITIATIVES FOR ECONOMIC DEVELOPMENT AND GREENING. (a) Grant Authority.--To the extent funds are available, the Secretary, through the Economic Development Administration, shall make grants to municipalities for promoting community greening initiatives. (b) Selection of Eligible Program Partners.--The Secretary, in consultation with the eligible nonprofit organizations, shall select 80 municipalities to receive grants under this section. The Secretary shall ensure that the municipalities meet-- (1) the criteria described by section 209(b) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3149(b)); or (2) the circumstances described by section 209(c) of such Act (42 U.S.C. 3149(c)). (c) Community Greening Initiatives.--An eligible program partner, with technical assistance and training from an eligible nonprofit organization as provided under section 4(b), shall develop and plan a community greening initiative. Such initiatives may include-- (1) revitalizing municipal parks and public spaces; (2) landscaping community gateways and key corridors; (3) tree plantings and urban forestry projects; (4) comprehensive planning for open space preservation; (5) education, training, and volunteer management concerning community green initiatives; (6) green roof construction; (7) green stormwater infrastructure; or (8) vacant lot management. (d) Implementing Initiatives.-- (1) Completion of developing and planning.--The Secretary may make a grant under this section only to an eligible program partner that has successfully developed and planned a community greening initiative under subsection (c), as determined by the Secretary. (2) Use of funds.--Grants under this section shall be used by an eligible program partner to implement the community greening initiative developed under subsection (c). An eligible program partner may not receive a grant under this section for a community greening initiative that takes more than 2 years to complete. (3) Grant amount.--The Secretary may not award a grant under this section in an amount that is more than $2,000,000. (4) Matching funds.--An eligible program partner receiving a grant under this section shall provide, either directly or through private contributions, non-Federal matching funds equal to not less than 50 percent of the amount of the grant. Such matching funds shall be used for implementing a community greening initiative. (5) Report.--Not later than 60 days after an eligible program partner implements a community greening initiative, the eligible nonprofit organization that assisted the eligible program partner under subsection (c) shall submit to the Secretary a report assessing the implementation of the initiative. SEC. 4. TECHNICAL ASSISTANCE AND TRAINING BY ELIGIBLE NONPROFIT ORGANIZATIONS. (a) Selection of Eligible Nonprofit Organizations.--To the extent funds are available, the Secretary shall make grants to, or enter into contracts with, 5 nonprofit organizations to provide technical assistance and training to eligible program partners. The Secretary shall select nonprofit organizations that have experience with-- (1) planning and implementing projects concerning urban open space, landscape management, and community greening initiatives; (2) land and water conservation; (3) working on the community level; (4) forming partnerships or regional consortiums; (5) urban ecology; and (6) other activities the Secretary considers appropriate. (b) Technical Training and Assistance.--In accordance with section 3(c), eligible nonprofit organizations shall provide eligible program partners with technical assistance and training for the following activities: (1) Developing, planning, implementing, and assessing community greening initiatives. (2) Developing and implementing training and workshops for municipal agencies and local partners. (3) Evaluating the community greening initiative. (c) Period.--A grant or agreement under this section shall be for a period of 5 years. (d) Report to Congress.--Not later than 90 days after the end of each fiscal year for which amounts are made available for grants under this section, the Secretary shall submit to Congress a report on the technical assistance and training provided under this section. Each report shall describe the actions taken by the Secretary to ensure that technical assistance and training is responsive to the needs of eligible program partners. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this Act-- (1) $30,000,000 for each of fiscal years 2010, 2013, and 2014; and (2) $90,000,000 for each of fiscal years 2011 and 2012. (b) Reservation of Funds.-- (1) Eligible nonprofit organizations.-- (A) Not less than 85 percent of the amounts made available to carry out this Act for each of fiscal years 2010, 2013, and 2014 shall be made available for technical assistance and training by eligible nonprofit organizations under section 4. (B) Not less than 28 percent of the amounts made available to carry out this Act for each of fiscal years 2011 and 2012 shall be made available for technical assistance and training by eligible nonprofit organizations under section 4. (2) Eligible program partners.--Not less than 66 percent of the amounts made available to carry out this Act for each of fiscal years 2011 and 2012 shall be made available for the planning, developing, and implementing of community greening initiatives by eligible program partners under section 3. (c) Availability of Appropriations.--Funds made available under this Act shall remain available until expended. | Green Communities Act - Directs the Secretary of Commerce, through the Economic Development Administration, to make grants to municipalities to promote community greening initiatives (defined as programs increasing economic development through environmental improvements). Directs the Secretary to select 80 municipalities to receive grants. Requires an eligible program partner to develop and plan such an initiative, which may include revitalizing municipal parks and public spaces, tree plantings, green roof construction, and vacant lot management. Directs the Secretary to make grants to, or enter into contracts with, five nonprofit organizations to provide technical assistance and training to eligible program partners in developing, planning, implementing, and assessing initiatives. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Western New York Redevelopment Act of 2005''. SEC. 2. RENEW REPLACEMENT POWER. Section 1 of the Act of August 21, 1957 (Public Law 85-859; 71 Stat. 401; 16 U.S.C. 836) is amended in subsection (b)(3) by striking out ``for a period ending not later than the final maturity date of the bonds initially issued to finance the project work herein specifically authorized,''. SEC. 3. ECONOMIC RECOVERY. (a) License Conditions.--The Federal Energy Regulatory Commission (FERC) shall include among the conditions imposed on any license issued subsequent to the original license for the project authorized by section 1 of the Act of August 21, 1957 (Public Law 85-859; 71 Stat. 401; 16 U.S.C. 836) in addition to those deemed necessary and required under the terms of the Federal Power Act, the following: (1) Annual payment.--(A) In order to render financial assistance to the host governments in which any feature of the Niagara Power Project is located, the New York Power Authority (NYPA) shall make a mandatory annual payment from its gross proceeds to the Erie Canal Harbor Development Corporation in the City of Buffalo and the County of Erie in the amount of $10,000,000 for each 12-month period of the new license. For every 12-month period after the first such period after the license is issued and continuing for the life of the new license and any subsequent licenses, the annual payment shall include an additional 3 percent of the amount of the payment made during the preceding 12-month period. (B) Prior to the establishment of the Erie Canal Harbor Development Corporation, the payment described in subparagraph (A) shall be held in escrow by the NYPA for transfer to the corporation upon its establishment. Such payment shall be used by the Erie Canal Harbor Development Corporation only for the development, design, engineering and construction of projects at the Inner and Outer Harbor in Buffalo, and Erie County, New York, including transportation infrastructure improvements and Skyway Bridge alternatives. Other qualified uses may include brownfield remediation, greenway trail design and construction and other waterfront environmental restoration projects. (C) At the expiration of the Erie Canal Harbor Development Corporation the annual payments shall be made to the Erie County Industrial Development Agency for the uses and purposes set forth in subparagraph (B). (2) Additional annual payment to counties.--(A) In order to achieve the yet unrealized regional economic benefits that the New York Power Authority contracted to deliver on when it was awarded exclusive control of the Niagara Power Project, the Federal Energy Regulatory Commission shall include as a condition on any new and subsequent license, the payment of 1 percent of gross proceeds to be split evenly by the Industrial Development Agencies for each of the counties of Niagara, Erie, Chautauqua, and Cattaraugus, New York. (B) Such funds shall be distributed by such agencies to high-load industries and businesses committed to incremental capital investment and job retention and creation in each such county. The proceeds shall be disbursed to such western New York industries and businesses and used by such industries and businesses to offset the high cost of energy in New York State and retain current employment levels. (C) The payment of funds under this paragraph to Erie, Chautauqua, Cattaraugus, and Niagara counties shall be additional to, and shall not affect the obligation of the New York Power Authority to pay, any other funds to those counties under the terms of any judicial decree or settlement of an action brought by one or more of such counties against the NYPA. (D) The term ``gross proceeds'', as used in this paragraph, means the total gross proceeds derived by the licensee from the sale of power for the preceding fiscal year, excluding power used by the Corporation or sold or delivered to any other department or agency of the State of New York for any purpose other than resale. SEC. 4. TRANSPARENCY. The Secretary of Energy, acting through the Office of Inspector General, Office of Audit Services, shall conduct an audit of Niagara Power Project finances and operations since project inception in order to provide consistent and timely information concerning the true economic impact of the Niagara Power Project and its revenue and disbursements and shall conduct subsequent annual audits to verify payments to host communities and others. SEC. 5. PHYSICAL SECURITY AND SAFETY. (a) In General.--In order to improve the physical security of the Niagara Power Project, the Federal Energy Regulatory Commission shall include among the conditions imposed on any license issued subsequent to the original license for the project authorized by section 1 of the Act of August 21, 1957 (Public Law 85-859; 71 Stat. 401; 16 U.S.C. 836) in addition to those deemed necessary and required under the terms of the Federal Power Act, a requirement that the licensee shall acquire by contract or other agreement property or interests therein sufficient to provide an appropriate effective zone of separation between all project control, switching or generating facilities and any privately owned real property not used for the generation, transmission, or control of electric energy. Any such acquisition by the licensee shall be carried out pursuant to such terms as may be necessary to ensure replacement of any residential, educational, recreational, and community services and facilities acquired or adversely affected by such acquisition, and that such replacement facilities or services are of equivalent character, value, and number to those so acquired, while meeting contemporary standards for construction, operation, and level of service. (b) Resources for First Responders.--The New York Power Authority shall provide to First Responders serving the local jurisdictions in which the Niagara Power Project facilities are located adequate financial and other resources and assistance to acquire, operate, maintain, and replace, through the term of any license granted pursuant to this Act, the equipment and other assets needed to protect human life and property from harm should any feature or facility of the Niagara Power Project be subject to damage of any type because of an act of terror or other criminal behavior. SEC. 6. HOLD HARMLESS. Nothing in this Act authorizes any increase in the rates and charges for electric energy under the Replacement Power program. SEC. 7. SEVERABILITY. If any provision of this Act, or amendment made by this Act, or the application of this Act or such amendments to any person or circumstance is determined by a court to be invalid, the validity of the remainder of this Act and the amendments made by this Act and the application of such provision to other persons and circumstances shall not be affected by such determination. | Western New York Redevelopment Act of 2005 - Modifies the statutory licensing conditions governing operation of a power project by the New York Power Authority regarding utilization of the federal share of the water of the Niagara River whose use is permitted by international agreement. Directs the Federal Energy Regulatory Commission to include among additional conditions imposed on any license issued subsequent to the original license: (1) specified mandatory annual payments from the gross proceeds of the Authority to the Erie Canal Harbor Development Corporation; (2) the payment of one percent of gross proceeds, to be split evenly by the Industrial Development Agencies for the counties of Niagara, Erie, Chautauqua, and Cattaraugus, New York; and (3) a requirement that the licensee acquire property or interests sufficient to provide an effective zone of separation between all project control, switching or generating facilities, and any privately owned real property not used for the generation, transmission, or control of electric energy. Requires the Secretary of Energy to conduct: (1) an audit of Niagara Power Project finances and operations since project inception; and (2) subsequent annual audits to verify payments to host communities. Requires the New York Power Authority to provide to First Responders serving the local jurisdictions in which the Niagara Power Project facilities are located adequate resources and assistance to acquire, operate, maintain, and replace the assets needed to protect human life and property from harm should any feature or facility of the Niagara Power Project be subject to damage of any type because of an act of terror or other criminal behavior. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Promise Zone Job Creation Act of 2014''. SEC. 2. PROMISE ZONES. (a) In General.--Subchapter Y of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: ``PART IV--PROMISE ZONES ``Sec. 1400V-1. Designation of Promise Zones. ``Sec. 1400V-2. Promise Zone employment credit. ``Sec. 1400V-3. Expensing of Promise Zone property. ``SEC. 1400V-1. DESIGNATION OF PROMISE ZONES. ``(a) In General.--For purposes of this part, the term `Promise Zone' means any area-- ``(1) which is nominated by 1 or more local governments or Indian Tribes (as defined in section 4(13) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103(13)) for designation as a Promise Zone (hereafter in this section referred to as a `nominated area'), ``(2) which has a continuous boundary, ``(3) the population of which does not exceed 200,000, and ``(4) which the Secretary of Housing and Urban Development and the Secretary of Agriculture, acting jointly, designate as a Promise Zone, after consultation with the Secretary of Commerce, the Secretary of Education, the Attorney General, the Secretary of Health and Human Services, the Secretary of Labor, the Secretary of the Treasury, the Secretary of Transportation, and other agencies as appropriate. ``(b) Number of Designations.-- ``(1) In general.--Not more than 20 nominated areas may be designated as Promise Zones. ``(2) Number of designations in rural areas.--Of the areas designated under paragraph (1), 6 of such areas shall be areas-- ``(A) which are outside of a metropolitan statistical area (within the meaning of section 143(k)(2)(B)), or ``(B) which are determined by the Secretary of Agriculture to be rural areas. ``(c) Period of Designations.-- ``(1) In general.--The Secretary of Housing and Urban Development and the Secretary of the Agriculture shall, acting jointly, designate 20 areas as Promise Zones before January 1, 2017. ``(2) Effective dates of designations.--The designation of any Promise Zone shall take effect-- ``(A) for purposes of priority consideration in Federal grant programs and initiatives (other than this part), upon execution of the Promise Zone agreement, and ``(B) for purposes of this part, on January 1 of the first calendar year beginning after the date of the execution of the Promise Zone agreement. ``(3) Termination of designations.--The designation of any Promise Zone shall end on the earlier of-- ``(A) the end of the 10-year period beginning on the date that such designation takes effect, or ``(B) the date of the revocation of such designation. ``(4) Application to certain zones already designated.--In the case of any area designated as a Promise Zone by the Secretary of Housing and Urban Development and the Secretary of Agriculture before the date of the enactment of this Act, such area shall be taken into account as a Promise Zone designated under this section and shall reduce the number of Promise Zones remaining to be designated under paragraph (1). ``(d) Limitations on Designations.--No area may be designated under this section unless-- ``(1) the entities nominating the area have the authority to nominate the area of designation under this section, ``(2) such entities provide written assurances satisfactory to the Secretary of Housing and Urban Development and the Secretary of Agriculture that the competitiveness plan described in the application under subsection (e) for such area will be implemented and that such entities will provide the Secretary of Housing and Urban Development and the Secretary of Agriculture with such data regarding the economic conditions of the area (before, during, and after the area's period of designation as a Promise Zone) as such Secretary may require, and ``(3) the Secretary of Housing and Urban Development and the Secretary of Agriculture determine that any information furnished is reasonably accurate. ``(e) Application.--No area may be designated under this section unless the application for such designation-- ``(1) demonstrates that the nominated area satisfies the eligibility criteria described in subsection (a), ``(2) includes a competitiveness plan which-- ``(A) addresses the need of the nominated area to attract investment and jobs and improve educational opportunities, ``(B) leverages the nominated area's economic strengths and outlines targeted investments to develop competitive advantages, ``(C) demonstrates collaboration across a wide range of stakeholders, ``(D) outlines a strategy which connects the nominated area to drivers of regional economic growth, and ``(E) proposes a strategy for focusing on increased access to high quality affordable housing and improved public safety. ``(f) Selection Criteria.--From among the nominated areas eligible for designation under this section, the Secretary of Housing and Urban Development and the Secretary of Agriculture shall designate Promise Zones on the basis of-- ``(1) the effectiveness of the competitiveness plan submitted under subsection (e) and the assurances made under subsection (d), and ``(2) unemployment rates, poverty rates, vacancy rates, crime rates, and such other factors as the Secretary of Housing and Urban Development and the Secretary of Agriculture may identify, including household income, home-ownership, labor force participation, and educational attainment, and ``(3) other criteria as determined by the Secretary of Housing and Urban Development and the Secretary of Agriculture. The Secretary of Housing and Urban Development and the Secretary of Agriculture may set minimal standards for the levels of unemployment and poverty that must be satisfied for designation as a Promise Zone. ``SEC. 1400V-2. PROMISE ZONE EMPLOYMENT CREDIT. ``(a) Amount of Credit.--For purposes of section 38, the amount of the Promise Zone employment credit determined under this section with respect to any employer for any taxable year is the applicable percentage of the qualified wages paid or incurred during the calendar year which ends with or within such taxable year. ``(b) Applicable Percentage.--For purposes of this section, the term `applicable percentage' means-- ``(1) in the case of qualified wages described in subsection (c)(1)(A), 20 percent, and ``(2) in the case of qualified wages described in subsection (c)(1)(B), 10 percent. ``(c) Qualified Wages.--For purposes of this section-- ``(1) In general.--The term `qualified wages' means any wages paid or incurred by an employer for services performed by an employee while such employee is-- ``(A) a qualified zone employee, or ``(B) a qualified resident employee. ``(2) Only first $15,000 of wages per year taken into account.--With respect to each qualified employee, the amount of qualified wages taken into account for a calendar year shall not exceed $15,000. ``(3) Coordination with work opportunity credit.-- ``(A) In general.--The term `qualified wages' shall not include wages taken into account in determining the credit under section 51. ``(B) Coordination with dollar limitation.--The $15,000 amount in paragraph (2) shall be reduced for any calendar year by the amount of wages paid or incurred during such year which are taken into account in determining the credit under section 51. ``(4) Wages.--The term `wages' has the meaning given such term by section 1397(a). ``(d) Qualified Employee.--For purposes of this section-- ``(1) Qualified employee.--The term `qualified employee' means any employee who is a qualified zone employee or a qualified resident employee. ``(2) Qualified zone employee.--Except as otherwise provided in this subsection, the term `qualified zone employee' means, with respect to any period, any employee of an employer if-- ``(A) substantially all of the services performed during such period by such employee for such employer are performed within a Promise Zone in a trade or business of the employer, and ``(B) the principal place of abode of such employee while performing such services is within a Promise Zone. ``(3) Qualified resident employee.--Except as otherwise provided in this subsection, the term `qualified resident employee' means, with respect to any period, an employee of an employer if the principal place of abode of such employee during such period is within a Promise Zone, but substantially all of the services performed during such period by such employee for such employer are not performed within a Promise Zone in a trade or business of the employer. ``(4) Certain individuals not eligible.--The terms `qualified zone employee' and `qualified resident employee' shall not include any individual described in paragraph (2) of section 1396(d)(2) (determined after application of paragraph (3) thereof). ``(e) Special Rules.--Rules similar to the rules of section 1397 shall apply for purposes of this section. ``(f) Taxpayer Reporting.--No credit shall be determined under this section with respect to any taxpayer for any taxable year unless such taxpayer provides the Secretary with such information as the Secretary may require to allow the Secretary to evaluate the effectiveness of the program established under this part. ``SEC. 1400V-3. EXPENSING OF PROMISE ZONE PROPERTY. ``(a) In General.--A taxpayer may elect to treat the cost of any Promise Zone property as an expense which is not chargeable to capital account. Any cost so treated shall be allowed as a deduction for the taxable year in which the Promise Zone property is placed in service. ``(b) Promise Zone Property.--For purposes of this section-- ``(1) In general.--Except as otherwise provided in this subsection, the term `Promise Zone property' means property-- ``(A) which is-- ``(i) tangible property (to which section 168 applies) with an applicable recovery period (within the meaning of section 168) of 20 years or less, ``(ii) water utility property described in section 168(e)(5), ``(iii) computer software described in section 179(d)(1)(A)(ii), or ``(iv) qualified leasehold improvement property (as defined in section 168(e)), ``(B) which is acquired by purchase (as defined in section 179(d)(2)) for use in the active conduct of a trade or business, and ``(C) which is originally placed in service by the taxpayer in a Promise Zone. ``(2) Exception for certain property.--Such term shall not include any property to which section 168(g) applies. ``(c) Election.--An election under this section shall be made under rules similar to the rules of section 179(c). ``(d) Coordination With Section 179.--For purposes of section 179, Promise Zone property shall not be treated as section 179 property. ``(e) Application of Other Rules.--Rules similar to the rules of paragraphs (3), (4), (5), (7), (9) and (10) of section 179(d) shall apply for purposes of this section. ``(f) Taxpayer Reporting.--This section shall not apply with respect to any taxpayer for any taxable year unless such taxpayer provides the Secretary with such information as the Secretary may require to allow the Secretary to evaluate the effectiveness of the program established under this part.''. (b) Conforming Amendments.-- (1) Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(37) the Promise Zone employment credit determined under section 1400V-2.''. (2) The table of parts for subchapter Y of chapter 1 of such Code is amended by adding at the end the following new item: ``Part IV--Promise Zones''. (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after December 31, 2014. | Promise Zone Job Creation Act of 2014 - Amends the Internal Revenue Code to direct the Secretary of Housing and Urban Development (HUD) and the Secretary of Agriculture (USDA) to designate up to 20 areas as Promise Zones for purposes of priority consideration in federal grant programs and initiatives. Defines a "Promise Zone" as any area with a continuous boundary and a population of not more than 200,000 that is nominated by a local government or Indian tribe and designated on the basis of its unemployment, poverty, vacancy, and crime rates. Requires an application for designation as a Promise Zone to include a competitiveness plan that addresses the need of the area to attract investment and jobs and improve educational opportunities. Allows: (1) a Promise Zone employment tax credit for wages paid to a qualified zone or resident employee, and (2) expensing of Promise Zone property. Defines "Promise Zone property" as property that is: (1) tangible property with a recovery period of 20 years or less for depreciation purposes, water utility property, computer software, or qualified leasehold improvement property; (2) acquired by purchase for use in the active conduct of a trade or business; and (3) originally placed in service in a Promise Zone. |
SECTION 1. SHORT TITLE; DEFINITIONS. (a) Short Title.--This Act may be cited as the ``Piedras Blancas Historic Light Station Outstanding Natural Area Act of 2004''. (b) Definitions.--For the purposes of this Act, the following definitions apply: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (2) Light station.--The term ``Light Station'' means Piedras Blancas Light Station. (3) Public lands.--The term ``public lands'' has the meaning stated in section 103(e) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1703(e)). (4) Outstanding natural area.--The term ``Outstanding Natural Area'' means the Piedras Blancas Historic Light Station Outstanding Natural Area established pursuant to section 3. SEC. 2. FINDINGS. Congress finds as follows: (1) The publicly owned Piedras Blancas Light Station has nationally recognized historical structures that should be preserved for present and future generations. (2) The coastline adjacent to the Light Station is internationally recognized as having significant wildlife and marine habitat that provides critical information to research institutions throughout the world. (3) The Light Station tells an important story about California's coastal prehistory and history in the context of the surrounding region and communities. (4) The coastal area surrounding the Light Station was traditionally used by Indian people, including the Chumash and Salinan Indian tribes. (5) The Light Station is historically associated with the nearby world-famous Hearst Castle (Hearst San Simeon State Historical Monument), now administered by the State of California. (6) The Light Station represents a model partnership where future management can be successfully accomplished among the Federal Government, the State of California, San Luis Obispo County, local communities, and private groups. (7) Piedras Blancas Historic Light Station Outstanding Natural Area would make a significant addition to the National Landscape Conservation System administered by the Department of the Interior's Bureau of Land Management. (8) Statutory protection is needed for the Light Station and its surrounding Federal lands to ensure that it remains a part of our historic, cultural, and natural heritage and to be a source of inspiration for the people of the United States. SEC. 3. DESIGNATION OF THE PIEDRAS BLANCAS HISTORIC LIGHT STATION OUTSTANDING NATURAL AREA. (a) In General.--In order to protect, conserve, and enhance for the benefit and enjoyment of present and future generations the unique and nationally important historical, natural, cultural, scientific, educational, scenic, and recreational values of certain lands in and around the Piedras Blancas Light Station, in San Luis Obispo County, California, while allowing certain recreational and research activities to continue, there is established, subject to valid existing rights, the Piedras Blancas Historic Light Station Outstanding Natural Area. (b) Maps and Legal Descriptions.--The boundaries of the Outstanding Natural Area as those shown on the map entitled ``Piedras Blancas Historic Light Station: Outstanding Natural Area'', dated May 5, 2004, which shall be on file and available for public inspection in the Office of the Director, Bureau of Land Management, United States Department of the Interior, and the State office of the Bureau of Land Management in the State of California. (c) Basis of Management.--The Secretary shall manage the Outstanding Natural Area as part of the National Landscape Conservation System to protect the resources of the area, and shall allow only those uses that further the purposes for the establishment of the Outstanding Natural Area, the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), and other applicable laws. (d) Withdrawal.--Subject to valid existing rights, and in accordance with the existing withdrawal as set forth in Public Land Order 7501 (Oct. 12, 2001, Vol. 66, No. 198, Federal Register 52149), the Federal lands and interests in lands included within the Outstanding Natural Area are hereby withdrawn from-- (1) all forms of entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the public land mining laws; and (3) operation of the mineral leasing and geothermal leasing laws and the mineral materials laws. SEC. 4. MANAGEMENT OF THE PIEDRAS BLANCAS HISTORIC LIGHT STATION OUTSTANDING NATURAL AREA. (a) In General.--The Secretary shall manage the Outstanding Natural Area in a manner that conserves, protects, and enhances the unique and nationally important historical, natural, cultural, scientific, educational, scenic, and recreational values of that area, including an emphasis on preserving and restoring the Light Station facilities, consistent with the requirements section 3(c). (b) Uses.--Subject to valid existing rights, the Secretary shall only allow such uses of the Outstanding Natural Area as the Secretary finds are likely to further the purposes for which the Outstanding Natural Area is established as set forth in section 3(a). (c) Management Plan.--Not later than 3 years after of the date of the enactment of this Act, the Secretary shall complete a comprehensive management plan consistent with the requirements of section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712) to provide long-term management guidance for the public lands within the Outstanding Natural Area and fulfill the purposes for which it is established, as set forth in section 3(a). The management plan shall be developed in consultation with appropriate Federal, State, and local government agencies, with full public participation, and the contents shall include-- (1) provisions designed to ensure the protection of the resources and values described in section 3(a); (2) objectives to restore the historic Light Station and ancillary buildings; (3) an implementation plan for a continuing program of interpretation and public education about the Light Station and its importance to the surrounding community; (4) a proposal for minimal administrative and public facilities to be developed or improved at a level compatible with achieving the resources objectives for the Outstanding Natural Area as described in subsection (a) and with other proposed management activities to accommodate visitors and researchers to the Outstanding Natural Area; and (5) cultural resources management strategies for the Outstanding Natural Area, prepared in consultation with appropriate departments of the State of California, with emphasis on the preservation of the resources of the Outstanding Natural Area and the interpretive, education, and long-term scientific uses of the resources, giving priority to the enforcement of the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.) and the National Historic Preservation Act (16 U.S.C. 470 et seq.) within the Outstanding Natural Area. (d) Cooperative Agreements.--In order to better implement the management plan and to continue the successful partnerships with the local communities and the Hearst San Simeon State Historical Monument, administered by the California Department of Parks and Recreation, the Secretary may enter into cooperative agreements with the appropriate Federal, State, and local agencies pursuant to section 307(b) of the Federal Land Management Policy and Management Act of 1976 (43 U.S.C. 1737(b)). (e) Research Activities.--In order to continue the successful partnership with research organizations and agencies and to assist in the development and implementation of the management plan, the Secretary may authorize within the Outstanding Natural Area appropriate research activities for the purposes identified in section 3(a) and pursuant to section 307(a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1737(a)). (f) Acquisition.--State and privately held lands or interests in lands adjacent to the Outstanding Natural Area and identified as appropriate for acquisition in the management plan may be acquired by the Secretary as part of the Outstanding Natural Area only by-- (1) donation; (2) exchange with a willing party; or (3) purchase from a willing seller. (g) Additions to the Outstanding Natural Area.--Any lands or interest in lands adjacent to the Outstanding Natural Area acquired by the United States after the date of the enactment of this Act shall be added to and administered as part of the Outstanding Natural Area. (h) Overflights.--Nothing in this Act or the management plan shall be construed to-- (1) restrict or preclude overflights, including low level overflights, military, commercial, and general aviation overflights that can be seen or heard within the Outstanding Natural Area; (2) restrict or preclude the designation or creation of new units of special use airspace or the establishment of military flight training routes over the Outstanding Natural Area; or (3) modify regulations governing low-level overflights above the adjacent Monterey Bay National Marine Sanctuary. (i) Law Enforcement Activities.--Nothing in this Act shall be construed to preclude or otherwise affect coastal border security operations or other law enforcement activities by the Coast Guard or other agencies within the Department of Homeland Security, the Department of Justice, or any other Federal, State, and local law enforcement agencies within the Outstanding Natural Area. (j) Native American Uses and Interests.--In recognition of the past use of the Outstanding Natural Area by Indians and Indian tribes for traditional cultural and religious purposes, the Secretary shall ensure access to the Outstanding Natural Area by Indians and Indian tribes for such traditional cultural and religious purposes. In implementing this section, the Secretary, upon the request of an Indian tribe or Indian religious community, shall temporarily close to the general public use of one or more specific portions of the Outstanding Natural Area in order to protect the privacy of traditional cultural and religious activities in such areas by the Indian tribe or Indian religious community. Any such closure shall be made to affect the smallest practicable area for the minimum period necessary for such purposes. Such access shall be consistent with the purpose and intent of Public Law 95-341 (42 U.S.C. 1996 et seq.; commonly referred to as the ``American Indian Religious Freedom Act''). (k) No Buffer Zones.--The designation of the Outstanding Natural Area is not intended to lead to the creation of protective perimeters or buffer zones around area. The fact that activities outside the Outstanding Natural Area and not consistent with the purposes of this Act can be seen or heard within the Outstanding Natural Area shall not, of itself, preclude such activities or uses up to the boundary of the Outstanding Natural Area. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act. | Piedras Blancas Historic Light Station Outstanding Natural Area Act of 2004 - Establishes the Piedras Blancas Historic Light Station Outstanding Natural Area (Outstanding Natural Area) in San Luis Obispo County, California. Directs the Secretary of the Interior to manage the Outstanding Natural Area as part of the National Landscape Conservation System and to complete a comprehensive management plan to provide long-term management guidance for the public lands within the Outstanding Natural Area. Authorizes the Secretary to enter into cooperative agreements with Federal, State, and local agencies to implement the management plan in the Outstanding Natural Area and to continue partnerships with local communities and the Hearst San Simeon State Historical Monument. Provides for the acquisition of State and privately held lands adjacent to the Outstanding Natural Area as additions to the Outstanding Natural Area. Prohibits restrictions on overflights and law enforcement activities in the Outstanding Natural Area. Directs the Secretary to ensure access to the Outstanding Natural Area by Indians and Indian tribes for cultural and religious purposes. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Cyberterrorism Prevention Act of 2001''. SEC. 2. DETERRENCE AND PREVENTION OF CYBERTERRORISM IN CONNECTION WITH COMPUTERS. (A) Clarification of Protection of Protected Computers.--Subsection (a)(5) of section 1030 of title 18, United States Code, is amended-- (1) by inserting ``(i)'' after ``(A)''; (2) by redesignated subparagraphs (B) and (C) as clauses (ii) and (iii), respectively, of subparagraph (A); (3) by adding ``and'' at the end of clause (iii), as so redesignated; and (4) by adding at the end the following new subparagraph: ``(B) whose conduct described in clause (i), (ii), or (iii) of subparagraph (A) caused (or, in the case of an attempted offense, would, if completed, have caused)-- ``(i) loss to 1 or more persons during any 1-year period (including loss resulting from a related course of conduct affecting 1 or more other protected computers) aggregating at least $5,000 in value; ``(ii) the modification or impairment, or potential modification or impairment, of the medical examination, diagnosis, treatment, or care of 1 or more individuals; ``(iii) physical injury to any person; ``(iv) a threat to public health or safety; or ``(v) damage affecting a computer system used by or for a government entity in furtherance of the administration of justice, national defense, or national security;''. (b) Protection From Extortion.--Subsection (a)(7) of that section is amended by striking ``, firm, association, educational institution, financial institution, governmental entity, or other legal entity,''. (c) Penalties.--Subsection (c) of that section is amended-- (1) in paragraph (2)-- (A) in subparagraph (A)-- (i) by inserting ``except as provided in subparagraph (B),'' before ``a fine''; (ii) by striking ``(a)(5)(C)'' and inserting ``(a)(5)(A)(iii)''; and (iii) by striking ``and'' at the end; (B) in subparagraph (B), by inserting ``or an attempt to commit an offense punishable under this subparagraph,'' after ``subsection (a)(2),'' in the matter preceding cause (i); and (C) in paragraph (C), by striking ``and'' at the end; (2) in paragraph (3)-- (A) by striking ``, (a)(5)(A), (a)(5)(B),'' both places it appears; and (B) by striking ``(a)(5)(C)'' and inserting ``(a)(5)(A)(iii)''; and (3) by adding at the end the following new paragraph: ``(4)(A) a fine under this title, imprisonment for not more than 10 years, or both, in the case of an offense under subsection (a)(5)(A)(i), or an attempt to commit an offense punishable under this subparagraph; ``(B) a fine under this title, imprisonment for not more than 5 years, or both, in the case of an offense under subsection (a)(5)(A)(ii), or an attempt to commit an offense punishable under this subparagraph; and ``(C) a fine under this title, imprisonment for not more than 20 years, or both, in the case of an offense under subsection (a)(5)(A)(i) or (a)(5)(A)(ii), or an attempt to commit an offense punishable under this subparagraph, that occurs after a conviction for another defense under this section.''. (d) Definitions.--Subsection (e) of that section is amended-- (1) in paragraph (2)(B), by inserting ``, including a computer located outside the United States that is used in a manner that affects interstate or foreign commerce or communication of the United States'' before the semicolon; (2) in paragraph (7), by striking ``and'' at the end; (3) by striking paragraph (8) and inserting the following new paragraph (8): ``(8) the term `damage' means any impairment to the integrity or availability of data, a program, a system, or information;'' (4) in paragraph (9), by striking the period at the end and inserting a semicolon; and (5) by adding at the end the following new paragraphs: ``(10) the term `conviction' shall include a conviction under the law of any State for a crime punishable by imprisonment for more than 1 year, an element of which is unauthorized access, or exceeding authorized access, to a computer; ``(11) the term `loss' means any reasonable cost to any victim, including the cost of responding to an offense, conducting a damage assessment, and restoring the data, program, system, or information to its condition prior to the offense, and any revenue lost, cost incurred, or other consequential damages incurred because of interruption of service; and ``(12) the term `person' means any individual, firm, corporation, educational institution, financial institution, governmental entity, or legal or other entity.''. (e) Damages in Civil Actions.--Subsection (g) of that section is amended-- (1) by striking the second sentence and inserting the following new sentences: ``A suit for a violation of this section may be brought only if the conduct involves one of the factors enumerated in clauses (i) through (v) of subsection (a)(5)(B). Damages for a violation involving only conduct described in subsection (a)(5)(B)(i) are limited to economic damages.''; and (2) by adding at the end the following new sentence: ``No action may be brought under this subsection for the negligent design or manufacture of computer hardware, computer software, or firmware.''. SEC. 3. ADDITIONAL DEFENSE TO CIVIL ACTIONS RELATING TO PRESERVING RECORDS IN RESPONSE TO GOVERNMENT REQUESTS. Section 2707(e)(1) of title 18, United States Code, is amended by inserting after ``or statutory authorization'' the following: ``(including a request of a governmental entity under section 2703(f) of this title)''. SEC. 4. DEVELOPMENT AND SUPPORT OF CYBER SECURITY FORENSIC ACTIVITIES. (a) The Director of the Federal Bureau of Investigation shall, in consultation with the heads of other Federal law enforcement agencies, take appropriate actions to develop at least 10 regional computer forensic laboratories, and to provide support, education, and assistance for existing computer forensic laboratories, in order that such computer forensic laboratories have the capability-- (1) to provide forensic examinations with respect to seized or intercepted computer evidence relating to criminal activity; (2) to provide training and education for Federal, State, and local law enforcement personnel and prosecutors regarding investigations, forensic analyses, and prosecutions of computer-related crime; (3) to assist Federal, State, and local law enforcement in enforcing Federal, State, and local criminal laws relating to computer-related crime; (4) to facilitate and promote the sharing of Federal law enforcement expertise and information about the investigation, analysis, and prosecution of computer-related crime with State and local law enforcement personnel and prosecutors, including the use of multijurisdictional task forces; and (5) to carry out such other activities as the Attorney General considers appropriate. (b) Authorization of Appropriations.--There is hereby authorized to be appropriated in each fiscal year $50,000,000 for purposes of carrying out this section. Amounts appropriated pursuant to this paragraph shall remain available until expended. | Cyberterrorism Prevention Act of 2001 - Modifies Federal criminal code provisions regarding fraud and related activity in connection with computers. Establishes penalties for intentionally accessing a protected computer without authorization, or exceeding authorized access, thereby causing: (1) loss to one or more persons during any one-year period aggregating at least $5,000 in value; (2) the modification or impairment of the medical examination, diagnosis, treatment, or care of one or more individuals; (3) physical injury to any person; (4) a threat to public health or safety; or (5) damage affecting a computer system used by or for a government entity in furtherance of the administration of justice, national defense, or national security.Increases penalties and broadens the scope of provisions regarding computer-related fraud. Includes within the definition of "protected computer" a computer located outside the United States that is used in a manner that affects interstate or foreign commerce or communication of the United States.Includes good faith reliance on a request of a governmental entity to preserve evidence among defenses to civil actions relating to a violation of provisions governing access to stored wire or electronic communications.Requires the Director of the Federal Bureau of Investigation to take appropriate actions to develop at least ten regional computer forensic laboratories and to provide support, education, and assistance for existing laboratories so that such laboratories have the capability to provide forensic examinations regarding seized or intercepted computer evidence relating to criminal activity, to provide training and education regarding computer-related crime for and to assist law enforcement personnel, and to promote sharing of Federal law enforcement computer crime expertise with State and local authorities. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``National Child Abuser Registration Act of 1993''. SEC. 2. DEFINITIONS. For the purposes of this Act-- (1) the term ``child'' means a person who is a child for the purposes of the criminal child abuse law of a State; (2) the term ``child abuse'' means the physical, psychological, or emotional injuring, sexual abuse or exploitation, neglectful treatment, or maltreatment of a child by any person in violation of the criminal child abuse law of a State; (3) the term ``child abuser information'' means the following facts concerning a person who has violated the criminal child abuse laws of a State: (A) name, social security number, age, race, sex, date of birth, height, weight, hair and eye color, address of legal residence, and a brief description of the crime or crimes committed by the offender; and (B) any other information that the Federal Bureau of Investigation or the National Crime Information Center determines may be useful in identifying child abusers; (4) the term ``criminal child abuse law of a State'' means the law of a State that establishes criminal penalties for the commission of child abuse by a parent or other family member of a child or by any other person; (5) the term ``National Crime Information Center'' means the division of the Federal Bureau of Investigation that serves as a computerized information source on wanted criminals, persons named in arrest warrants, runaways, missing children, and stolen property for use by Federal, State, and local law enforcement authorities; and (6) the term ``State'' means each of the States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, Guam, and the Trust Territories of the Pacific. SEC. 3. FINDINGS. The Congress finds that-- (1) disturbing increases have occurred in recent years in the number of children who are abused by persons who have previously committed crimes of child abuse; (2) many children who run away from home, who fall prey to pornography and prostitution, who suffer from a dependency on alcohol and drugs, and who become juvenile offenders, have been victims of child abuse; (3) research has shown that child abuse tends to repeat itself, and many parents who abuse their children were once victims themselves; (4) in recognition of the increased cases of child abuse, several States have established agencies to receive and maintain data relating to cases of child abuse; (5) currently there exists no centralized national source through which a law enforcement agency can obtain data relating to persons who have committed crimes of child abuse; (6) partly because of the lack of available and accurate information at the national level, persons who have committed acts of child abuse in one State have been able to go to another State to commit the crime again, in many cases in a position of authority over children; and (7) the Nation cannot afford to ignore the importance of preventing child abuse. SEC. 4. PURPOSES. The purposes of this Act are-- (1) to establish a national system through which current, accurate information concerning persons who commit crimes of child abuse can be obtained from a centralized source; (2) to assist in the prevention of second incidents of child abuse by providing information about persons who have been convicted of a crime of child abuse to organizations whose primary concern is that of child welfare and care; and (3) to understand the problem of child abuse in the United States by providing statistical and informational data to the Department of Justice, the National Center on Child Abuse and Neglect, the Congress, and other interested parties. SEC. 5. REPORTING BY THE STATES. (a) In General.--A State which reports the convictions of named individuals to the Federal Bureau of Investigation shall include all convictions for child abuse as defined under this Act. (b) Guidelines.--The Attorney General shall establish guidelines for the reporting of child abuser information, including procedures for carrying out the purposes of this Act. (c) Annual Summary.--The Attorney General shall publish an annual statistical summary of the child abuser information reported under this Act. SEC. 6. STATE COMPLIANCE. (a) In General.--Each State shall have 3 years from the date of the enactment of this section in which to implement the provisions of section 5. (b) Ineligibility for Funds.--The allocations of funds under section 506 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3756) received by a State not complying with the provisions of section 5, 3 years after the date of the enactment of this Act shall be reduced by 25 percent and the unallocated funds shall be reallocated to the States in compliance with this section. | National Child Abuser Registration Act of 1993 - Requires a State which reports the convictions of named individuals to the Federal Bureau of Investigation to include all convictions for child abuse. Directs the Attorney General to establish guidelines for the reporting of child abuser information, including procedures for: (1) establishing a national centralized source of information on child abusers; (2) assisting in the prevention of second incidents of child abuse by providing information about child abusers to child welfare organizations; and (3) providing statistical and informational data on child abuse to the Department of Justice, the National Center on Child Abuse and Neglect, and the Congress. Requires the Attorney General to publish an annual statistical summary of the child abuser information reported under this Act. Provides for: (1) a reduction by 25 percent of formula grants under the Omnibus Crime Control and Safe Streets Act of 1968 for States not complying within three years with the reporting requirements of this Act; and (2) the reallocation of such funds to States in compliance. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Biennial Appropriations Act''. SEC. 2. REVISION OF TIMETABLE. Section 300 of the Congressional Budget Act of 1974 (2 U.S.C. 631) is amended to read as follows: ``timetable ``Sec. 300. (a) Timetable.-- ``(1) In general.--The timetable with respect to the congressional budget process for any fiscal year is as follows: ``On or before: Action to be completed: First Monday in February................ President submits his budget. February 15............................. Congressional Budget Office submits report to Budget Committees. Not later than 6 weeks after President Committees submit views and estimates to Budget Committees. submits budget. April 1................................. Budget Committees report concurrent resolution on the budget. April 15................................ Congress completes action on concurrent resolution on the budget. May 15.................................. Biennial appropriation bills and the defense appropriation bill may be considered in the House as provided in subsection (b). June 10................................. House Appropriations Committee reports last appropriation bill. June 15................................. Congress completes action on reconciliation legislation. June 30................................. House completes action on appropriation bills. August 1................................ Congress completes action on appropriation bills. October 1............................... Fiscal year begins. ``(2) Special rule.--In the case of any first session of Congress that begins in any year immediately following a leap year and during which the term of a President (except a President who succeeds himself or herself) begins, the following dates shall supersede those set forth in subsection (a): ``First Session On or before: Action to be completed: First Monday in April................... President submits his budget. April 15................................ Congressional Budget Office submits report to Budget Committees. April 20................................ Committees submit views and estimates to Budget Committees. May 15.................................. Budget Committees report concurrent resolution on the biennial budget. June 1.................................. Congress completes action on concurrent resolution on the biennial budget. July 1.................................. Biennial appropriation bills may be considered in the House. July 20................................. Biennial appropriation bills and the defense appropriation bill may be considered in the House as provided in subsection (b). August 1................................ Congress completes action on biennial appropriations bills and reconciliation legislation. October 1............................... Biennium begins. ``(b) Biennial Appropriation Bills and Defense Appropriation Bill.--Appropriation bills shall be enacted as follows: ``(1) Odd-numbered years.--In odd-numbered years Congress shall consider pursuant to the budget process in this title and enact-- ``(A) an annual defense appropriation bill; and ``(B) biennial appropriation bills for-- ``(i) Agriculture; ``(ii) Transportation, HUD; ``(iii) Interior, Environment; ``(iv) Labor, HHS, Education; and ``(v) Military Construction, Veterans Affairs. ``(2) Even-numbered years.--In even-numbered years Congress shall consider pursuant to the budget process in this title and enact-- ``(A) an annual defense appropriation bill; and ``(B) biennial appropriation bills for-- ``(i) Commerce, Justice, Science; ``(ii) Energy and Water; ``(iii) Homeland Security; ``(iv) Financial Services; ``(v) Legislative Branch; and ``(vi) State-Foreign Operations.'' SEC. 3. AMENDMENTS TO THE CONGRESSIONAL BUDGET AND IMPOUNDMENT CONTROL ACT OF 1974. (a) Definitions.--Section 3 of such Act (2 U.S.C. 622) is further amended by adding at the end the following new paragraph: ``(11) The term `biennium' means the period of 2 consecutive fiscal years beginning on October 1.''. (b) Committee Allocations.--Section 302 of such Act (2 U.S.C. 633) is amended-- (1) in subsection (a)(1), by-- (A) inserting after ``for the first fiscal year of the resolution,'' the following: ``and for appropriations for each fiscal year in the biennium and for the first fiscal year of the resolution for defense,''; (B) striking ``for that period of fiscal years'' and inserting ``for all fiscal years covered by the resolution''; and (C) inserting after ``for the fiscal year of that resolution'' the following: ``for defense and for each fiscal year in the biennium''; (2) in subsection (b), by inserting after ``budget year'' the following: ``for defense and the biennium''; and (3) in subsection (f)(2)(A), by-- (A) inserting after ``the first fiscal year'' and inserting ``or each fiscal year of the biennium''; and (B) striking ``the total of fiscal years'' and inserting ``the total of all fiscal years covered by the resolution''. SEC. 4. AMENDMENTS TO TITLE 31, UNITED STATES CODE. (a) Definition.--Section 1101 of title 31, United States Code, is amended by adding at the end thereof the following new paragraph: ``(3) `biennium' has the meaning given to such term in paragraph (11) of section 3 of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 622(11)).''. (b) Budget Contents and Submission to the Congress.-- (1) Expenditures.--Section 1105(a)(5) of title 31, United States Code, is amended by striking ``the fiscal year for which the budget is submitted and the 4 fiscal years after that year'' and inserting ``each fiscal year in the biennium for which the budget is submitted and in the succeeding 4 fiscal years''. (2) Receipts.--Section 1105(a)(6) of title 31, United States Code, is amended by striking ``the fiscal year for which the budget is submitted and the 4 fiscal years after that year'' and inserting ``each fiscal year in the biennium for which the budget is submitted and in the succeeding 4 years''. (3) Balance statements.--Section 1105(a)(9)(C) of title 31, United States Code, is amended by striking ``the fiscal year'' and inserting ``each fiscal year in the biennium''. (4) Functions and activities.--Section 1105(a)(12) of title 31, United States Code, is amended in subparagraph (A), by striking ``the fiscal year'' and inserting ``each fiscal year in the biennium''. (5) Allowances.--Section 1105(a)(13) of title 31, United States Code, is amended by striking ``the fiscal year'' and inserting ``each fiscal year in the biennium''. (6) Allowances for uncontrolled expenditures.--Section 1105(a)(14) of title 31, United States Code, is amended by striking ``that year'' and inserting ``each fiscal year in the biennium for which the budget is submitted''. (7) Tax expenditures.--Section 1105(a)(16) of title 31, United States Code, is amended by striking ``the fiscal year'' and inserting ``each fiscal year in the biennium''. (8) Future years.--Section 1105(a)(17) of title 31, United States Code, is amended-- (A) by striking ``the fiscal year following the fiscal year'' and inserting ``each fiscal year in the biennium following the biennium''; (B) by striking ``that following fiscal year'' and inserting ``each such fiscal year''; and (C) by striking ``fiscal year before the fiscal year'' and inserting ``biennium before the biennium''. (9) Prior year outlays.--Section 1105(a)(18) of title 31, United States Code, is amended-- (A) by striking ``the prior fiscal year'' and inserting ``each of the 2 most recently completed fiscal years,''; (B) by striking ``for that year'' and inserting ``with respect to those fiscal years''; and (C) by striking ``in that year'' and inserting ``in those fiscal years''. (10) Prior year receipts.--Section 1105(a)(19) of title 31, United States Code, is amended-- (A) by striking ``the prior fiscal year'' and inserting ``each of the 2 most recently completed fiscal years''; (B) by striking ``for that year'' and inserting ``with respect to those fiscal years''; and (C) by striking ``in that year'' each place it appears and inserting ``in those fiscal years''. (c) Estimated Expenditures of Legislative and Judicial Branches.-- Section 1105(b) of title 31, United States Code, is amended by striking ``each year'' and inserting ``each even-numbered year''. (d) Recommendations To Meet Estimated Deficiencies.--Section 1105(c) of title 31, United States Code, is amended-- (1) by striking ``the fiscal year for'' the first place it appears and inserting ``each fiscal year in the biennium for''; (2) by striking ``the fiscal year for'' the second place it appears and inserting ``each fiscal year of the biennium, as the case may be, for''; and (3) by striking ``for that year'' and inserting ``for each fiscal year of the biennium''. (e) Capital Investment Analysis.--Section 1105(e)(1) of title 31, United States Code, is amended by striking ``ensuing fiscal year'' and inserting ``biennium to which such budget relates''. SEC. 5. TWO-YEAR APPROPRIATIONS; TITLE AND STYLE OF APPROPRIATIONS ACTS. Section 105 of title 1, United States Code, is amended to read as follows: ``Sec. 105. Title and style of appropriations Acts ``(a) In General.-- ``(1) Nondefense.--Except as provided in paragraph (2), the style and title of all Acts making appropriations for the support of the Government shall be as follows: `An Act making appropriations (here insert the object) for each fiscal year in the biennium of fiscal years (here insert the fiscal years of the biennium).'. ``(2) Defense.--The style and title of Acts making appropriations for the support of defense shall be as follows: `An Act making appropriations for defense for fiscal year (here insert the fiscal year).'. ``(3) Amounts.--All Acts making regular appropriations for the support of the Government shall specify the amount of appropriations provided for each fiscal year in such period. ``(b) Definitions.--In this section-- ``(1) the term `biennium' has the same meaning as in section 3(11) of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 622(11)); and ``(2) Acts described in subsection (a)(1) shall be considered as provided in section 300(b) of the Congressional Budget Act of 1974 (2 U.S.C. 631(b)).''. SEC. 6. MULTIYEAR AUTHORIZATIONS. (a) In General.--Title III of the Congressional Budget Act of 1974 is amended by adding at the end the following new section: ``authorizations of appropriations ``Sec. 316. (a) Point of Order.--It shall not be in order in the House of Representatives or the Senate to consider-- ``(1) any bill, joint resolution, amendment, motion, or conference report that authorizes appropriations for a period of less than 2 fiscal years, unless the program, project, or activity for which the appropriations are authorized will require no further appropriations and will be completed or terminated after the appropriations have been expended; and ``(2) in any odd-numbered year, any authorization or revenue bill or joint resolution until Congress completes action on the biennial budget resolution, all regular biennial appropriations bills, and all reconciliation bills. ``(b) Applicability.--In the Senate, subsection (a) shall not apply to-- ``(1) defense; ``(2) any measure that is privileged for consideration pursuant to a rule or statute; ``(3) any matter considered in Executive Session; or ``(4) an appropriations measure or reconciliation bill.''. (b) Amendment to Table of Contents.--The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by adding after the item relating to section 315 the following new item: ``Sec. 316. Authorizations of appropriations.''. SEC. 7. CONGRESSIONAL OVERSIGHT. (a) In General.--In each year that the activities of an agency are not required to be funded pursuant to section 300(b) of the Congressional Budget Act of 1974, the committee of the House and the Senate with legislative jurisdiction over that agency shall hold a joint oversight hearing with the corresponding subcommittee of the Committee on Appropriations of their respective House with jurisdiction over the agency. (b) Hearing.--The hearing required by subsection (a) shall review-- (1) the mission of the agency; (2) the impact of biennial budgeting on agency efficiency; (3) the cost savings associated with biennial budgeting; (4) new programs created in the off year of the agency budget; and (5) programs that were terminated in the off year of the agency budget. SEC. 8. REPORT ON TWO-YEAR FISCAL PERIOD. Not later than 180 days after the date of enactment of this Act, the Director of OMB shall-- (1) determine the impact and feasibility of changing the definition of a fiscal year and the budget process based on that definition to a 2-year fiscal period with a biennial budget process based on the 2-year period; and (2) report the findings of the study to the Committees on the Budget of the House of Representatives and the Senate. SEC. 9. EFFECTIVE DATE. Except as provided in section 7, this Act and the amendments made by this Act shall take effect on January 1, 2013, and shall apply to budget resolutions and appropriations for the biennium beginning with fiscal year 2014. | Biennial Appropriations Act - Amends the Congressional Budget Act of 1974 to require biennial (instead of annual) appropriations Acts, with the exception of annual defense appropriation bills. Defines the budget biennium as the two consecutive fiscal years beginning on October 1. Requires the committees of the House and Senate with legislative jurisdiction over an agency, in each year that the agency's activities are not required to be funded, to hold a joint oversight hearing on the impact of biennial budgeting on the agency with the corresponding subcommittee of the respective Committee on Appropriations with jurisdiction over the agency. Requires the Director of the Office of Management and Budget (OMB) to: (1) determine the impact and feasibility of changing the definition of a fiscal year and the budget process based on that definition to a two-year fiscal period with a biennial budget process based on such period, and (2) report the findings to the House and Senate Budget Committees. var spryselect1 = new Spry.Widget.ValidationSelect("spryselect1"); |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Corps of Engineers Project Delivery Flexibility Act of 2012''. SEC. 2. PILOT PROGRAM. (a) In General.--The Secretary of the Army, acting through the Chief of Engineers, shall establish a pilot program to evaluate the cost-effectiveness and project delivery efficiency of non-Federal sponsors as the lead project delivery team for authorized civil works flood control and navigation construction projects of the Corps of Engineers. (b) Purposes.--The purposes of the pilot program are-- (1) to identify project delivery and cost-saving alternatives that reduce the backlog of Corps of Engineers construction projects; (2) to evaluate the technical, financial, and organizational efficiencies of a non-Federal sponsor operating as the lead project manager for the design, execution, management, and construction of a project; and (3) to evaluate alternatives for the decentralization of the project planning, management, and operational decisionmaking process of the Corps of Engineers. (c) Administration.-- (1) In general.--Subject to paragraph (2), in carrying out the pilot program, the Secretary of the Army shall-- (A) identify not less than 12 congressionally authorized flood control and navigation construction projects of the Corps of Engineers that-- (i) have received Federal funds and have experienced delays or missed scheduled deadlines in the 5 fiscal years prior to the date of enactment of this Act; (ii) have an unobligated funding balance in the Corps of Engineers Construction Account; and (iii) include levees, floodwalls, flood control channels, water control structures, or navigation locks and channels; (B) enter into a project partnership agreement with the non-Federal sponsor for the non-Federal sponsor to provide full project management control for the design and construction of the flood control or navigation project, including preconstruction engineering and design, project implementation, and construction activities; and (C) in consultation with the district engineer and the non-Federal sponsor, develop a detailed project management plan for each project under the pilot program that outlines the scope, budget, design, and construction resource requirements necessary for execution of the project by the non-Federal sponsor. (2) Restrictions.-- (A) In general.--A flood control or navigation project shall only receive Federal funding under this Act if the project is federally owned. (B) Project delivery team.--As a condition of receiving amounts under this Act, the non-Federal sponsor, in consultation with the district engineer and local project stakeholders, shall establish to oversee the execution of the project management plan a project delivery team, which shall, at a minimum, consist of-- (i) a project manager; and (ii) a Corps of Engineers official, who shall provide technical assistance and guidance on compliance with Corps of Engineers engineering manuals and regulations. (3) Technical assistance.--On the request of the non- Federal sponsor and in consultation with other appropriate Federal agencies, the Secretary of the Army shall provide the non-Federal sponsor with any necessary technical assistance, including assistance relating to Federal acquisition regulations, contracting requirements, and environmental regulations. (d) Applicability.--Nothing in this Act alters any cost-sharing requirement established before the date of enactment of this Act for a project carried out under this Act. (e) Report.--Not later than 2 years after the date of enactment of this Act, the Secretary of the Army shall submit to the appropriate committees of Congress a report detailing the results of the pilot program carried out under this Act, including any recommendations of the Secretary concerning whether the program or any component of the program should be implemented on a national basis. SEC. 3. FUNDING. (a) Rescission of Unobligated Amounts.--Notwithstanding any other provision of law, $200,000,000 of discretionary amounts that have been appropriated for fiscal years 2008 through 2011 and remain unobligated on the date of enactment of this Act-- (1) is rescinded on the date of enactment of this Act; and (2) shall be made available to the Secretary of the Army, without further appropriation or fiscal year limitation, for use only in accordance with this Act. (b) Implementation.-- (1) In general.--The Director of the Office of Management and Budget shall determine and identify from which appropriation accounts the rescission under subsection (a) shall apply and the amount of the rescission that shall apply to each such account. (2) Report.--Not later than 60 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall submit to Congress and the Secretary of the Treasury a report of the accounts and amounts determined and identified for rescission under paragraph (1). (c) Exception.--This section shall not apply to the unobligated funds of the Department of Defense, including the Corps of Engineers, or the Department of Veterans Affairs. (d) Use of Amounts.--The Secretary of the Army shall use the amounts made available to the Secretary under subsection (a)(2) to provide grants to non-Federal sponsors participating in the pilot program established under section 2. | Corps of Engineers Project Delivery Flexibility Act of 2012 - Directs the Chief of Engineers to establish a pilot program to evaluate the cost-effectiveness and project delivery efficiency of non-federal sponsors as the lead project delivery team for authorized Corps of Engineers civil works flood control and navigation construction projects. Directs the Chief, in carrying out such program, to: (1) identify at least 12 congressionally authorized Corps flood control and navigation construction projects that have received federal funds and experienced delays or missed scheduled deadlines in the five fiscal years prior to this Act's enactment and that have an unobligated funding balance in the Corps Construction Account; (2) enter into a project partnership agreement with a non-federal sponsor to provide full project management control for the design and construction of such a project; and (3) develop a detailed project management plan for each project under the pilot program that outlines the scope, budget, design, and construction resource requirements necessary for project execution by the non-federal sponsor. Conditions the receipt of federal funding under this Act on: (1) a project being federally owned, and (2) the non-federal sponsor establishing to oversee the execution of the project management plan a project delivery team consisting of a project manager and a Corps official who shall provide technical assistance and guidance on compliance with Corps engineering manuals and regulations. Rescinds a specified amount of discretionary appropriations for FY2008-FY2011 that remain unobligated and makes such amount available for use under this Act. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Mental Health Security for America's Families in Education Act of 2007''. SEC. 2. FINDINGS. Congress finds the following: (1) Many young adults experience symptoms of mental illness. A 2006 survey by the American College Health Association reports that nearly 15 percent of students in college are diagnosed with depression. One in 4 adults experience symptoms of mental illness in their lifetime, according to the National Institute of Mental Health. (2) The American College Health Association reported in a 2005 survey of college students that 11 percent of women and 9 percent of men have considered suicide. According to a study by the Suicide Prevention Resource Center, suicide is the second leading cause of death among college students. (3) Many youth and young adults with mental illness are exposed to bullying, harassment, maltreatment, and social alienation by other students and adults, which can exacerbate their conditions. (4) In 2005, a national survey of Counseling Center Directors reported a 14 percent increase in severe psychological problems (including self-injury) among students during the period from 2000 to 2005. (5) According to a 2003 report by the Bureau of Justice Statistics, out of the 7,700,000 college students in the United States, 526,000 students experienced violent crimes (rape, robbery, aggravated assault, and simple assault). A significant percentage of students involved in violent crime may also have symptoms of a diagnosable mental illness. (6) Years of research findings have concluded that mental health services provided by properly trained professionals can be effective in the treatment of mental illness. Withholding referrals and treatment, however, can be detrimental to the recovery and prognosis of patients. (7) Confidentiality is the cornerstone of the doctor- patient relationship, but when there is a significant risk to the health or safety of a student or others (including suicide, homicide, or physical assault), it may serve the best interest of the student to inform persons who can provide the necessary help to protect the student, fellow students, and others. (8) Common symptoms of mental illness include impaired judgment, confusion, emotional disorders, social withdrawal, and impulsivity, all of which limit a person's ability to make rational decisions regarding their own care and treatment. (9) Parents and legal guardians of a student may be in the best position to supply essential help to a student suffering from significant mental illness, by providing emotional support, medical history, coordinating care with various mental health and medical professionals, and long term follow-up. (10) The Federal Government, in recognition of the value of the parental role in the treatment of children, requires that a parent must be involved in every level of the evaluation and treatment decisions regarding a special needs child in a school setting. However, the value of parental involvement should not end when a student has attained 18 years of age. (11) The Family Educational Rights and Privacy Act (FERPA) of 1974 was originally intended to protect the confidentiality of student grades and records. Exceptions in FERPA to the confidentiality requirements permit the release of records ``in connection with an emergency, to appropriate persons if the knowledge of such information is necessary to protect the health or safety of the student or others.'' The unintended consequence of FERPA, however, is that school personnel, administrators, and teachers who have little or no training in mental health and mental illness are burdened with defining and determining if a student is at risk. These educational personnel are reluctant to release information to parents for fear of legal action. These issues create barriers and delays for informing families even when schools are concerned that students may be a risk to themselves or others. (12) It is important, compassionate, and essential that laws should facilitate, not inhibit, parent-child communication that aids proper treatment for mental illness when deemed appropriate. SEC. 3. MENTAL HEALTH DISCLOSURES FOR STUDENT SAFETY. The Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g) is amended by adding at the end the following new subsection: ``(k) Mental Health Disclosures for Student Safety.-- ``(1) In general.--Notwithstanding any other provision of this section or the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), and subject to paragraph (2), an educational agency or institution of higher education may disclose, to a parent or legal guardian of a student who is a dependent (as defined in section 152 of the Internal Revenue Code of 1986), information related to any conduct of, or expression by, such student that demonstrates that the student poses a significant risk of harm to himself or herself, or to others, including a significant risk of suicide, homicide, or assault. ``(2) Certification by a licensed mental health professional.--An educational agency or institution shall not disclose any information under this subsection that is not otherwise authorized to be disclosed under this section unless the educational agency or institution-- ``(A) with respect to the conduct of, or expression by, a student described in paragraph (1), consults with a mental health professional who-- ``(i) is approved by the State in which the educational agency or institution is located and who is licensed by the appropriate entity to provide mental health services and treatment; and ``(ii) is acting in accordance with the ethical and professional standards governing such professional; and ``(B) obtains a written certification from such professional that the professional has reason to believe-- ``(i) that such conduct of, or expression by, the student demonstrates that the student poses a significant risk of harm to himself or herself, or to others, including a significant risk of suicide, homicide, or assault; and ``(ii) the possession of the knowledge of such information by the parent or legal guardian of the student may protect the health or safety of the student or other persons. ``(3) Dependent students.--Notwithstanding subsection (d), an educational agency or institution of higher education may disclose information to a parent or legal guardian of a student who is a dependent (as defined in section 152 of the Internal Revenue Code of 1986) for the purposes of and in accordance with the requirements of this subsection, regardless of whether the student has attained eighteen years of age, or is attending an institution of postsecondary education. ``(4) Protection of educational agency or institution.--An educational agency or institution that, in good faith, discloses education records or other information (including records described in clauses (ii) or (iv) of subsection (a)(4)(B)) in accordance with the requirements of this subsection shall not be liable to any person for that disclosure. ``(5) Rule of construction.--Nothing in this subsection shall be construed to prohibit an educational agency or institution from taking such other action as the agency or institution determines to be necessary to protect the safety of students.''. | Mental Health Security for America's Families in Education Act of 2007 - Amends the Family Educational Rights and Privacy Act of 1974 to allow an educational agency or institution of higher education to disclose to a parent or legal guardian of a student who is a dependent (as defined in the Internal Revenue Code) information related to any conduct of, or expression by, the student that demonstrates that the student poses a significant risk of harm to himself or herself or to others, including a significant risk of suicide, homicide, or assault. Requires, for the disclosure of any such information not otherwise authorized to be disclosed: (1) consultation with an approved mental health professional; and (2) a written certification from such professional that the student poses a significant risk of harm to himself or herself or to others, including a significant risk of suicide, homicide, or assault and that possession of such information by the parent or legal guardian my protect the student's, or others', health or safety. Permits disclosure under this Act as long as the student is a dependent, regardless of whether the student has attained 18 years of age or is attending an institution of postsecondary education. Provides protections of educational agencies and institutions from liability for disclosure. |
SECTION 1. ASSISTANT SECRETARY OF STATE FOR VICTIMS OF INTERNATIONAL TERRORISM. (a) Designation of Position.--The Secretary of State shall designate one of the Assistant Secretaries of State authorized by section 1(c)(1) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(c)(1)) as the Assistant Secretary of State for Victims of International Terrorism. (b) Directive Governing the Assistant Secretary of State.-- (1) In general.--Not later than 30 days after the date of enactment of this Act, the Secretary of State shall issue a directive governing the position of the Assistant Secretary. (2) Elements of the directive.--The directive issued under paragraph (1) shall set forth, consistent with this section-- (A) the duties of the Assistant Secretary; (B) the relationships between the Assistant Secretary and other officials of the Department of State; (C) any delegation of authority from the Secretary of State to the Assistant Secretary; and (D) such matters as the Secretary considers appropriate. (c) Duties.-- (1) In general.--The Assistant Secretary shall have as his or her principal responsibility the overall supervision (including oversight of policy and resources) within the Department of State of all matters relating to American victims of international terrorism and efforts to bring international terrorists to justice. (2) Participation of the assistant secretary.-- (A) Primary role.--Except as provided in subparagraphs (B) and (C), the Assistant Secretary, or a designee, shall participate in all interagency groups or organizations within the executive branch of Government, particulary the Department of Justice, that assess, analyze, or review United States planned or ongoing policies, programs, or actions that have a direct bearing on efforts to bring international terrorists to justice for actions affecting Americans abroad, including interagency committees concerned with international terrorism and counter-terrorism. (B) Requirement for designation.--Subparagraph (A) shall not apply to groups or organizations on which the Secretary of State or the Undersecretary of State for Arms Control and International Security sits, unless such official designates the Assistant Secretary to attend in his stead. (C) National security limitation.-- (i) Waiver by president.--The President may waive the provisions of subparagraph (A) if inclusion of the Assistant Secretary would not be in the national security interests of the United States. (ii) Waiver by others.--With respect to an interagency group or organization, or meeting thereof, working with exceptionally sensitive information contained in compartments under the control of the Director of Central Intelligence or the Secretary of Defense, such Director or Secretary, as the case may be, may waive the provision of subparagraph (A) if inclusion of the Assistant Secretary would not be in the national security interests of the United States. (iii) Transmission of waiver to congress.-- Any waiver of participation under clause (i) or (ii) shall be transmitted in writing to the appropriate committees of Congress. (3) Relationship to the criminal justice community.--The Assistant Secretary shall be the principal policy community representative to the criminal justice community on international terrorism affecting Americans abroad. (4) Reporting responsibilities.--The Assistant Secretary shall have responsibility within the Department of State for-- (A) the report required pursuant to section 2; and (B) other reports being prepared by the Department of State as of the date of enactment of this Act relating to international terrorism affecting Americans abroad. SEC. 2. ANNUAL REPORT ON INTERNATIONAL TERRORISM AFFECTING AMERICANS ABROAD. The Secretary of State shall transmit to the Congress annually a report on international terrorism affecting Americans abroad and United States efforts to bring to justice international terrorists for actions affecting Americans abroad. The report may be submitted in classified and unclassified form and shall include the following information: (1) The number of Americans kidnapped, killed, and otherwise directly affected by the actions of international terrorists. (2) The actions of the Departments of State and Justice to obtain justice for American victims of international terrorism. (3) A list of known international terrorists. (4) Recommendations for legislative and other actions to bring individual terrorists to justice in the United States. | Directs the Secretary of State to designate one of the Assistant Secretaries of State as the Assistant Secretary of State for Victims of International Terrorism. Sets forth the duties of the Assistant Secretary, including to: (1) be responsible for the overall supervision within the Department of State of all matters relating to American victims of international terrorism and efforts to bring international terrorists to justice; and (2) participate in all interagency groups or organizations within the executive branch, particularly the Department of Justice, that assess, analyze, or review U.S. planned policies, programs, or actions that have a direct bearing on efforts to bring international terrorists to justice for actions affecting Americans abroad. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Secure Visas Act''. SEC. 2. VISA REFUSAL AND REVOCATION. (a) Authority of the Secretary of Homeland Security and the Secretary of State.-- (1) In general.--Section 428 of the Homeland Security Act of 2002 (6 U.S.C. 236) is amended by striking subsections (b) and (c) and inserting the following: ``(b) Authority of the Secretary of Homeland Security.-- ``(1) In general.--Notwithstanding section 104(a) of the Immigration and Nationality Act (8 U.S.C. 1104(a)) or any other provision of law, and except for the authority of the Secretary of State under subparagraphs (A) and (G) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)), the Secretary-- ``(A) shall have exclusive authority to issue regulations, establish policy, and administer and enforce the provisions of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) and all other immigration or nationality laws relating to the functions of consular officers of the United States in connection with the granting and refusal of a visa; and ``(B) may refuse or revoke any visa to any alien or class of aliens if the Secretary, or designee, determines that such refusal or revocation is necessary or advisable in the security interests of the United States. ``(2) Effect of revocation.--The revocation of any visa under paragraph (1)(B)-- ``(A) shall take effect immediately; and ``(B) shall automatically cancel any other valid visa that is in the alien's possession. ``(3) Judicial review.--Notwithstanding any other provision of law, including section 2241 of title 28, United States Code, or any other habeas corpus provision, and sections 1361 and 1651 of such title, no court shall have jurisdiction to review a decision by the Secretary of Homeland Security to refuse or revoke a visa, and no court shall have jurisdiction to hear any claim arising from, or any challenge to, such a revocation. ``(c) Authority of the Secretary of State.-- ``(1) In general.--The Secretary of State may direct a consular officer to refuse a visa requested by, or revoke a visa issued to, an alien if the Secretary of State determines such refusal or revocation to be necessary or advisable in the interests of the United States. ``(2) Limitation.--No decision by the Secretary of State to approve a visa may override a decision by the Secretary of Homeland Security under subsection (b).''. (2) Effective date.--The amendment made by paragraph (1) shall take effect on the date of the enactment of this Act and shall apply to visa refusals and revocations occurring before, on, or after such date. (b) Issuance of Visas at Designated Consular Posts and Embassies.-- (1) In general.--Section 428(i) of the Homeland Security Act of 2002 (6 U.S.C. 236(i)) is amended to read as follows: ``(i) Visa Issuance at Designated Consular Posts and Embassies.-- Notwithstanding any other provision of law, except section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927) and the process established by the President for determining appropriate staffing at diplomatic missions and overseas constituent posts, the Secretary of Homeland Security-- ``(1) shall conduct an on-site review of all visa applications and supporting documentation before adjudication at all visa-issuing posts in Algeria; Canada; Colombia; Egypt; Germany; Hong Kong; India; Indonesia; Iraq; Jerusalem, Israel; Jordan; Kuala Lumpur, Malaysia; Kuwait; Lebanon; Mexico; Morocco; Nigeria; Pakistan; the Philippines; Saudi Arabia; South Africa; Syria; Tel Aviv, Israel; Turkey; United Arab Emirates; the United Kingdom; Venezuela; and Yemen; and ``(2) is authorized to assign employees of the Department to each diplomatic and consular post at which visas are issued unless, in the Secretary's sole and unreviewable discretion, the Secretary determines that such an assignment at a particular post would not promote national or homeland security.''. (2) Expedited clearance and placement of department of homeland security personnel at overseas embassies and consular posts.--The Secretary of State shall accommodate and ensure-- (A) not later than 1 year after the date of the enactment of this Act, that Department of Homeland Security personnel assigned by the Secretary of Homeland Security under section 428(i)(1) of the Homeland Security Act of 2002 have been stationed at post such that the post is fully operational; and (B) not later than 1 year after the date on which the Secretary of Homeland Security designates an additional consular post or embassy for personnel under section 428(i)(2) of the Homeland Security Act of 2002 that the Department of Homeland Security personnel assigned to such post or embassy have been stationed at post such that the post is fully operational. (c) Visa Revocation.-- (1) Information.--Section 428 of the Homeland Security Act of 2002 (6 U.S.C. 236) is amended by adding at the end the following: ``(j) Visa Revocation Information.--If the Secretary of Homeland Security or the Secretary of State revokes a visa-- ``(1) the relevant consular, law enforcement, and terrorist screening databases shall be immediately updated on the date of the revocation; and ``(2) look-out notices shall be posted to all Department of Homeland Security port inspectors and Department of State consular officers.''. (2) Effect of visa revocation; judicial review of visa revocations.-- (A) In general.--Section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)) is amended by striking the final sentence and inserting the following: ``A revocation under this subsection shall take effect immediately and shall automatically cancel any other valid visa that is in the alien's possession. Notwithstanding any other provision of law, including section 2241 of title 28, United States Code, or any other habeas corpus provision, and sections 1361 and 1651 of such title, a revocation under this subsection may not be reviewed by any court, and no court shall have jurisdiction to hear any claim arising from, or any challenge to, such a revocation.''. (B) Effective date.--The amendment made by subparagraph (A) shall take effect on the date of the enactment of this Act and shall apply to revocations under section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)) occurring before, on, or after such date. | Secure Visas Act - Amends the Homeland Security Act of 2002 to grant the Secretary of Homeland Security (DHS) (Secretary), except for the Secretary of State's authority with respect to diplomatic- and international organization-related visas, exclusive authority to issue regulations, establish policy, and administer the Immigration and Nationality Act (INA) and all other immigration or nationality laws relating to U.S. consular officer visa functions. Authorizes the Secretary to refuse or revoke any visa to an alien or class of aliens if necessary or advisable for U.S. security interests. Provides that such visa revocation shall become effective immediately and cancel any other visa in an alien's possession. Prohibits judicial review of the Secretary's refusal or revocation of visa, or of any claim arising from such revocation. Authorizes the Secretary of State to direct a consular officer to refuse or revoke a visa if necessary or advisable for U.S. interests. Prohibits a visa approval decision by the Secretary of State from overriding a revocation or refusal determination by the Secretary. Directs the Secretary to review on-site all visa applications and supporting documentation before adjudication at visa-issuing posts in Algeria, Canada, Colombia, Egypt, Germany, Hong Kong, India, Indonesia, Iraq, Jerusalem and Tel Aviv in Israel, Jordan, Kuala Lumpur in Malaysia, Kuwait, Lebanon, Mexico, Morocco, Nigeria, Pakistan, the Philippines, Saudi Arabia, South Africa, Syria, Turkey, United Arab Emirates, the United Kingdom, Venezuela, and Yemen and authorizes the Secretary to asign DHS personnel to each diplomatic and consular post at which visas are issued unless, in the Secretary's sole and unreviewable discretion, the Secretary determines that such an assignment at a particular post would not promote national or homeland security. Directs the Secretary of State to ensure that any such DHS personnel have been stationed and are operational within one year of enactment of this Act. States that if the Secretary or the Secretary of State revokes a visa: (1) the relevant consular, law enforcement, and terrorist screening databases shall be immediately updated; and (2) look-out notices shall be posted to all DHS port inspectors and Department of State consular officers. Amends INA to: (1) eliminate the exception permitting judicial review of a visa revocation where such revocation is the sole ground for a deportation process based upon an alien's unlawful U.S. presence, and (2) prohibit any court from hearing a claim arising from a visa revocation. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening American Citizenship Act of 2005''. SEC. 2. DEFINITIONS. In this Act: (1) Oath of allegiance.--The term ``Oath of Allegiance'' means the binding oath (or affirmation) of allegiance required to be naturalized as a citizen of the United States, as prescribed in subsection (e) of section 337 of the Immigration and Nationality Act (8 U.S.C. 1448(e)), as added by section 301(a)(2). (2) Secretary.--Except as otherwise provided, the term ``Secretary'' means the Secretary of Homeland Security. TITLE I--LEARNING ENGLISH SEC. 101. ENGLISH FLUENCY. (a) Education Grants.-- (1) Establishment.--The Chief of the Office of Citizenship of the Department of Homeland Security (referred to in this subsection as the ``Chief'') shall establish a grant program to provide grants in an amount not to exceed $500 to assist legal residents of the United States who declare an intent to apply for citizenship in the United States to meet the requirements under section 312 of the Immigration and Nationality Act (8 U.S.C. 1423). (2) Use of funds.--Grant funds awarded under this subsection shall be paid directly to an accredited institution of higher education or other qualified educational institution (as determined by the Chief) for tuition, fees, books, and other educational resources required by a course on the English language in which the legal resident is enrolled. (3) Application.--A legal resident desiring a grant under this subsection shall submit an application to the Chief at such time, in such manner, and accompanied by such information as the Chief may reasonably require. (4) Priority.--If insufficient funds are available to award grants to all qualified applicants, the Chief shall give priority based on the financial need of the applicants. (5) Notice.--The Secretary, upon relevant registration of a legal resident with the Department of Homeland Security, shall notify such legal resident of the availability of grants under this subsection for legal residents who declare an intent to apply for United States citizenship. (b) Faster Citizenship for English Fluency.--Section 316 of the Immigration and Nationality Act (8 U.S.C. 1427) is amended by adding at the end the following: ``(g) A legal resident of the United States who demonstrates English fluency, in accordance with regulations prescribed by the Secretary of Homeland Security, in consultation with the Secretary of State, will satisfy the residency requirement under subsection (a) upon the completion of 4 years of continuous legal residency in the United States.''. SEC. 102. SAVINGS PROVISION. Nothing in this Act shall be construed to-- (1) modify the English language requirements for naturalization under section 312(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1423(a)(1)); or (2) influence the naturalization test redesign process of the Office of Citizenship of the United States Citizenship and Immigration Services (except for the requirement under section 301(b) of this Act). TITLE II--EDUCATION ABOUT THE AMERICAN WAY OF LIFE SEC. 201. AMERICAN CITIZENSHIP GRANT PROGRAM. (a) In General.--The Secretary shall establish a competitive grant program to provide financial assistance for-- (1) efforts by entities (including veterans and patriotic organizations) certified by the Office of Citizenship of the Department of Homeland Security to promote the patriotic integration of prospective citizens into the American way of life by providing civics, history, and English as a second language courses, with a specific emphasis on attachment to principles of the Constitution of the United States, the heroes of American history (including military heroes), and the meaning of the Oath of Allegiance; and (2) other activities approved by the Secretary to promote the patriotic integration of prospective citizens and the implementation of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), including grants-- (A) to promote an understanding of the form of government and history of the United States; and (B) to promote an attachment to the principles of the Constitution of the United States and the well being and happiness of the people of the United States. (b) Acceptance of Gifts.--The Secretary may accept and use gifts from the United States Citizenship Foundation, if the foundation is established under section 202(a), for grants under this section. (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section. SEC. 202. FUNDING FOR THE OFFICE OF CITIZENSHIP. (a) Authorization.--The Secretary, acting through the Director of the Bureau of Citizenship and Immigration Services, is authorized to establish the United States Citizenship Foundation (referred to in this section as the ``Foundation''), an organization duly incorporated in the District of Columbia, exclusively for charitable and educational purposes to support the functions of the Office of Citizenship, which shall include the patriotic integration of prospective citizens into-- (1) American common values and traditions, including an understanding of the history of the United States and the principles of the Constitution of the United States; and (2) civic traditions of the United States, including the Pledge of Allegiance, respect for the flag of the United States, and voting in public elections. (b) Dedicated Funding.-- (1) In general.--Not less than 1.5 percent of the funds made available to the Bureau of Citizenship and Immigration Services (including fees and appropriated funds) shall be dedicated to the functions of the Office of Citizenship, which shall include the patriotic integration of prospective citizens into-- (A) American common values and traditions, including an understanding of American history and the principles of the Constitution of the United States; and (B) civic traditions of the United States, including the Pledge of Allegiance, respect for the flag of the United States, and voting in public elections. (2) Sense of congress.--It is the sense of Congress that dedicating increased funds to the Office of Citizenship should not result in an increase in fees charged by the Bureau of Citizenship and Immigration Services. (c) Gifts.-- (1) To foundation.--The Foundation may solicit, accept, and make gifts of money and other property in accordance with section 501(c)(3) of the Internal Revenue Code of 1986. (2) From foundation.--The Office of Citizenship may accept gifts from the Foundation to support the functions of the Office. (d) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out the mission of the Office of Citizenship, including the patriotic integration of prospective citizens into-- (1) American common values and traditions, including an understanding of American history and the principles of the Constitution of the United States; and (2) civic traditions of the United States, including the Pledge of Allegiance, respect for the flag of the United States, and voting in public elections. SEC. 203. RESTRICTION ON USE OF FUNDS. No funds appropriated to carry out a program under this title may be used to organize individuals for the purpose of political activism or advocacy. SEC. 204. REPORTING REQUIREMENT. The Chief of the Office of Citizenship shall submit to the Committee on Health, Education, Labor, and Pensions and the Committee on the Judiciary of the Senate, and the Committee on Education and the Workforce and the Committee on the Judiciary of the House of Representatives, an annual report that contains-- (1) a list of the entities that have received funds from the Office of Citizenship during the reporting period under this title and the amount of funding received by each such entity; (2) an evaluation of the extent to which grants received under this title and title I successfully promoted an understanding of-- (A) the English language; and (B) American history and government, including the heroes of American history, the meaning of the Oath of Allegiance, and an attachment to the principles of the Constitution of the United States; and (3) information about the number of legal residents who were able to achieve the knowledge described under paragraph (2) as a result of the grants provided under this title and title I. TITLE III--CODIFYING THE OATH OF ALLEGIANCE SEC. 301. OATH OR AFFIRMATION OF RENUNCIATION AND ALLEGIANCE. (a) Revision of Oath.--Section 337 of the Immigration and Nationality Act (8 U.S.C. 1448) is amended-- (1) in subsection (a), by striking ``under section 310(b) an oath'' and all that follows through ``personal moral code.'' and inserting ``under section 310(b), the oath (or affirmation) of allegiance prescribed in subsection (e).''; and (2) by adding at the end the following new subsection: ``(e)(1) Subject to paragraphs (2) and (3), the oath (or affirmation) of allegiance prescribed in this subsection is as follows: `I take this oath solemnly, freely, and without any mental reservation. I absolutely and entirely renounce all allegiance to any foreign state or power of which I have been a subject or citizen. My fidelity and allegiance from this day forward are to the United States of America. I will bear true faith and allegiance to the Constitution and laws of the United States, and will support and defend them against all enemies, foreign and domestic. I will bear arms, or perform noncombatant military or civilian service, on behalf of the United States when required by law. This I do solemnly swear, so help me God.'. ``(2) If a person, by reason of religious training and belief (or individual interpretation thereof) or for other reasons of good conscience, cannot take the oath prescribed in paragraph (1)-- ``(A) with the term `oath' included, the term `affirmation' shall be substituted for the term `oath'; and ``(B) with the phrase `so help me God' included, the phrase `so help me God' shall be omitted. ``(3) If a person shows by clear and convincing evidence to the satisfaction of the Attorney General that such person, by reason of religious training and belief, cannot take the oath prescribed in paragraph (1)-- ``(A) because such person is opposed to the bearing of arms in the Armed Forces of the United States, the words `bear arms, or' shall be omitted; and ``(B) because such person is opposed to any type of service in the Armed Forces of the United States, the words `bear arms, or' and `noncombatant military or' shall be omitted. ``(4) As used in this subsection, the term `religious training and belief'-- ``(A) means a belief of an individual in relation to a Supreme Being involving duties superior to those arising from any human relation; and ``(B) does not include essentially political, sociological, or philosophical views or a merely personal moral code. ``(5) Any reference in this title to `oath' or `oath of allegiance' under this section shall be deemed to refer to the oath (or affirmation) of allegiance prescribed under this subsection.''. (b) History and Government Test.--The Secretary shall incorporate a knowledge and understanding of the meaning of the Oath of Allegiance into the history and government test given to applicants for citizenship. (c) Notice to Foreign Embassies.--Upon the naturalization of a new citizen, the Secretary, in cooperation with the Secretary of State, shall notify the embassy of the country of which the new citizen was a citizen or subject that such citizen has-- (1) renounced allegiance to that foreign country; and (2) sworn allegiance to the United States. (d) Effective Date.--The amendments made by subsection (a) shall take effect on the date that is 6 months after the date of enactment of this Act. TITLE IV--CELEBRATING NEW CITIZENS SEC. 401. ESTABLISHMENT OF NEW CITIZENS AWARD PROGRAM. (a) Establishment.--There is established a new citizens award program to recognize citizens who-- (1) have made an outstanding contribution to the United States; and (2) were naturalized during the 10-year period ending on the date of such recognition. (b) Presentation Authorized.-- (1) In general.--The President is authorized to present a medal, in recognition of outstanding contributions to the United States, to citizens described in subsection (a). (2) Maximum number of awards.--Not more than 10 citizens may receive a medal under this section in any calendar year. (c) Design and Striking.--The Secretary of the Treasury shall strike a medal with suitable emblems, devices, and inscriptions, to be determined by the President. (d) National Medals.--The medals struck pursuant to this section are national medals for purposes of chapter 51 of title 31, United States Code. SEC. 402. NATURALIZATION CEREMONIES. (a) In General.--The Secretary of Homeland Security, in consultation with the Director of the National Park Service, the Archivist of the United States, and other appropriate Federal officials, shall develop and implement a strategy to enhance the public awareness of naturalization ceremonies. (b) Venues.--In developing the strategy under this section, the Secretary shall consider the use of outstanding and historic locations as venues for select naturalization ceremonies. (c) Reporting Requirement.--The Secretary of Homeland Security shall annually submit a report to Congress that contains-- (1) the content of the strategy developed under this section; and (2) the progress made towards the implementation of such strategy. | Strengthening American Citizenship Act of 2005 - Directs the Chief of the Office of Citizenship of the Department of Homeland Security (DHS) to provide grants (not to exceed $500) to assist legal U.S. residents who declare an intent to apply for citizenship in the United States to meet naturalization requirements. Provides such grants to an accredited institution of higher education or other qualified educational institution for tuition, fees, books, and other educational resources required by the English language course in which the legal resident is enrolled. Amends the Immigration and Nationality Act (INA) to provide that a legal U.S. resident who demonstrates English fluency will satisfy the residency requirement upon the completion of four (currently, five years) years of continuous U.S. legal residency. Directs the Secretary of DHS to: (1) establish an American citizenship grant program for qualified entities to provide civics, history, and English classes to promote the patriotic integration of prospective citizens; (2) establish the United States Citizenship Foundation to support the functions of the Office of Citizenship; and (3) implement a strategy to enhance public awareness of naturalization ceremonies. Amends INA to set forth a new oath of allegiance. Directs the Secretary to: (1) incorporate a knowledge and understanding of the oath of allegiance into the history and government citizenship test; and (2) notify the embassy of the country of which a new citizen was a citizen or subject that such citizen has renounced allegiance to that foreign country, and sworn allegiance to the United States. Establishes a new citizens award program to recognize citizens who: (1) have made an outstanding contribution to the United States; and (2) were naturalized during the ten-year period ending on the date of such recognition. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``National Museum of Industrial History Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) The economic and societal transition of the United States from an agricultural to an industrial age and its ongoing transformation to a post-industrial society reflect and embody the fundamental spirit and ideals of the United States. (2) It is crucial that people of the United States have the opportunity to learn the history of the industrialization of the United States and the impact of industrialization on our way of life. (3) It is important to preserve the history of industrialization of the United States for future generations. (4) To ensure the protection, interpretation and awareness of the history of the industrialization of the United Sates, key structures and artifacts related to the process of industrialization must be preserved and exhibited in an educational museum. (5) The site of the former Bethlehem Steel Plant, which is the proposed site of the National Museum of Industrial History, has a particular relevance to the preservation and awareness of the history of industrialization. (6) On this site-- (A) the Bethlehem Steel Plant had its beginnings in the 1850s; (B) in 1853, the first commercial zinc production began; (C) Frederick W. Taylor conducted his time and motion studies that became the basis for his principles of modern scientific management; (D) the modern American defense industry was born on June 1, 1887, when the Navy awarded the first armor plate contract to the Bethlehem Iron Company; (E) the steel plant produced armor plate for the battleships U.S.S. Maine and U.S.S. Texas, and for other battleships including the U.S.S. Wisconsin; (F) high-speed tool steel was perfected; and (G) in 1908 the 48 Grey Mill became the first rolling mill in the United States to produce large wide-flange steel beams. (7) The site contains the oldest significant remains of bessemer steel production in the United States. (b) Purpose.--The purpose of this Act is to assist in the establishment of an interpretive center and museum in Bethlehem, Pennsylvania-- (1) to ensure the protection of historical resources related to industrialization; and (2) to interpret the impact of industrialization on the history of the United States. SEC. 3. INDUSTRIAL HISTORY INTERPRETIVE CENTER AND MUSEUM. (a) Assistance.--Not later than 180 days after the date on which funds are first made available to carry out this section and subject to appropriations, the Secretary of the Interior shall seek to enter into an agreement with an appropriate entity to provide Federal financial assistance for the development and operation of an interpretive center and museum to be located on the western end and central core of the former Bethlehem Steel Plant Site in Bethlehem, Pennsylvania. (b) Purpose of Interpretive Center and Museum.--The purpose of the interpretive center and museum under subsection (a) is-- (1) to preserve, display, and interpret historical resources related to industrialization in the United States; and (2) to promote other historical and cultural resources in the region through activities conducted at the interpretive center and museum. (c) Terms of Assistance.-- (1) Limitations on use of financial assistance.-- (A) Covered expenses.--Financial assistance provided under this section may only be used for the following activities for the interpretive center and museum under subsection (a): (i) Facilities construction. (ii) Acquisition of contemporary technology to be used primarily to enhance the presentation of historical information at the interpretive center and museum. (iii) Program development and implementation, including-- (I) educational program development and implementation; (II) curriculum design and development; (III) other activities directly related to providing programs of the interpretive center and museum; and (IV) staff salaries for the activities authorized under this clause. (B) Prohibited expenses.--Financial assistance provided under this section may not be used for-- (i) the acquisition of items for the museum's collection; (ii) administrative expenses; (iii) the acquisition of technology primarily used for administrative purposes; or (iv) staff salaries for administrative activities, expect as provided in subparagraph (A)(iii)(IV). (2) Matching requirement.--The Secretary shall require the other parties to the agreement under subsection (a) to provide an amount of funds from non-Federal sources for the purpose described in subsection (b) that is at least equal to the amount provided by the Secretary under this section. (3) Amount of assistance; payment schedule.--The total amount of assistance provided under the subsection shall not exceed $25,000,000. The Secretary shall make payments of financial assistance under this subsection on an annual basis. The first payment shall be made before the end of the 30-day period beginning on the date the agreement under subsection (a) is entered into by the Secretary and the appropriate entity. A total of five payments shall be made under this section. (d) Report.-- (1) In general.--The Secretary shall submit annual reports to the Congress during the 5-year period beginning on the date funds are first made available to carry out this section. (2) Contents.--Each report shall describe-- (A) the current status of the development of the interpretive center and museum; (B) the projects and activities funded under this section; and (C) the balance of unexpended appropriated funds available to carry out this section. (e) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to the Secretary $25,000,000 to carry out this section. (2) Availability.--Amounts made available under paragraph (1) shall remain available until expended. | National Museum of Industrial History Act - Directs the Secretary of the Interior to seek to enter into an agreement with an appropriate entity to provide federal assistance for the development and operation of an interpretive center and museum on the former Bethlehem Steel Plant Site in Bethlehem, Pennsylvania, to preserve, display, and interpret historical resources related to industrialization in the United States and to promote other historical and cultural resources in the region through activities conducted at the interpretive center and museum. Sets forth covered and prohibited uses of such financial assistance, including prohibiting the use of assistance for the acquisition of items for the museum's collection. Provides for a non-federal match from the other parties to the agreement. Requires the Secretary to submit annual reports to Congress which describe: (1) the current status of the development of the interpretive center and museum; (2) the projects and activities funded; and (3) the balance of unexpended appropriated funds available to carry out this Act. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Flight Deck Officer Improvement Act of 2004''. SEC. 2. FEDERAL FLIGHT DECK OFFICER TRAINING AND REQUALIFICATION TRAINING. (a) Training, Supervision, and Equipment.--Section 44921(c) of title 49, United States Code, is amended by adding at the end the following: ``(3) Location of training.-- ``(A) Study.--The Secretary shall conduct a study of the feasibility of conducting Federal flight deck officer initial training at facilities located throughout the United States, including an analysis of any associated programmatic impacts to the Federal flight deck officer program. ``(B) Report.--Not later than 180 days after the date of enactment of this paragraph, the Secretary shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study. ``(4) Dates of training.--The Secretary shall ensure that a pilot who is eligible to receive Federal flight deck officer training is offered a choice of training dates and is provided at least 30 days advance notice of the dates. ``(5) Travel to training facilities.--The Secretary shall establish a program to improve travel access to Federal flight deck officer training facilities through the use of charter flights or improved scheduled air carrier service. ``(6) Requalification and recurrent training.-- ``(A) Standards.--The Secretary shall establish qualification standards for facilities where Federal flight deck officers can receive requalification and recurrent training. ``(B) Locations.--The Secretary shall provide for requalification and recurrent training at geographically diverse facilities, including military facilities, Federal, State, and local law enforcement facilities, and private training facilities that meet the qualification standards established under subparagraph (A). ``(7) Costs of training.-- ``(A) In general.--The Secretary shall provide Federal flight deck officer training, requalification training, and recurrent training to eligible pilots at no cost to the pilots or the air carriers that employ the pilots. ``(B) Transportation and expenses.--The Secretary may provide travel expenses to a pilot receiving Federal flight deck officer training, requalification training, or recurrent training. ``(8) Communications equipment.--Not later than 180 days after the date of enactment of this paragraph, the Secretary shall establish a secure means for personnel of the Transportation Security Administration to communicate with Federal flight deck officers, and for Federal flight deck officers to communicate with each other, in support of the mission of such officers. Such means of communication may include a secure Internet website. ``(9) Issuance of badges.--Not later than 180 days after the date of enactment of this paragraph, the Secretary shall issue badges to Federal flight deck officers.''. SEC. 3. FEDERAL FLIGHT DECK OFFICER FIREARM CARRIAGE PILOT PROGRAM. Section 44921(f) of title 49, United States Code, is amended by adding at the end the following: ``(4) Pilot Program.-- ``(A) In general.--Not later than 90 days after the date of enactment of this paragraph, the Secretary shall implement a pilot program to allow pilots participating in the Federal flight deck officer program to transport their firearms on their persons. The Secretary may prescribe any training, equipment, or procedures that the Secretary determines necessary to ensure safety and maximize weapon retention. ``(B) Review.--Not later than 1 year after the date of initiation of the pilot program, the Secretary shall conduct a review of the safety record of the pilot program and transmit a report on the results of the review to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. ``(C) Option.--If the Secretary as part of the review under subparagraph (B) determines that the safety level obtained under the pilot program is comparable to the safety level determined under existing methods of pilots carrying firearms on aircraft, the Secretary shall allow all pilots participating in the Federal flight deck officer program the option of carrying their firearm on their person subject to such requirements as the Secretary determines appropriate.''. SEC. 4. FEDERAL FLIGHT DECK OFFICERS ON INTERNATIONAL FLIGHTS. (a) Agreements With Foreign Governments.--The President is encouraged to pursue aggressively agreements with foreign governments to allow maximum deployment of Federal flight deck officers on international flights. (b) Report.--Not later than 180 days after the date of enactment of this Act, the President (or the President's designee) shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the status of the President's efforts to allow maximum deployment of Federal flight deck officers on international flights. SEC. 5. COMPENSATION FOR PROGRAM-RELATED INJURIES. Section 44921 of title 49, United States Code, is amended-- (1) by redesignating subsection (k) as subsection (l); and (2) by inserting after subsection (j) the following: ``(k) Compensation for Program-Related Injury or Death.-- ``(1) In general.--The Secretary shall work with the relevant Federal agencies to obtain compensation under applicable Federal laws for the death or injury of a Federal flight deck officer sustained while in the performance of the officer's duties under the program. ``(2) Report.--Not later than 180 days after the date of enactment of this Act, the Secretary shall transmit to Congress a report on the Secretary's efforts to obtain compensation for Federal flight deck officers under paragraph (1), together with recommendations, if any, for legislative actions required to provide such compensation.''. SEC. 6. SENSE OF CONGRESS. It is the sense of Congress that air carriers should permit Federal flight deck officers to take a leave of absence from their employment as required to attend initial and requalification Federal flight deck officer training. SEC. 7. REFERENCES TO UNDER SECRETARY. Section 44921 of title 49, United States Code, is amended-- (1) in subsection (a) by striking ``Under Secretary of Transportation for Security'' and inserting ``Secretary of Homeland Security''; (2) by striking ``Under Secretary'' each place it appears and inserting ``Secretary''; and (3) by striking ``Under Secretary's'' each place it appears and inserting ``Secretary's''. | Federal Flight Deck Officer Improvement Act of 2004 - Instructs the Secretary of Transportation to: (1) study and report to certain congressional committees on the feasibility of conducting Federal flight deck officer initial training; (2) ensure that eligible pilots are offered a choice of training dates, and given advance notice of them; (3) establish a program to improve travel access to Federal flight deck officer training facilities through the use of charter flights or improved scheduled air carrier service; (4) establish qualification standards for facilities where Federal flight deck officers can receive requalification and recurrent training; and (5) provide Federal flight deck officer training, requalification training, and recurrent training at no cost to the pilots or the air carriers that employ them. Directs the Secretary to establish a secure means for personnel of the Transportation Security Administration to communicate with Federal flight deck officers, and for Federal flight deck officers to communicate with each other. Directs the Secretary to implement a pilot program to allow pilots participating in the Federal flight deck officer program to transport their firearms on their persons. Encourages the President to pursue aggressively agreements with foreign governments to allow maximum deployment of Federal flight deck officers on international flights. Requires the Secretary to work with relevant Federal agencies to obtain compensation for the death or injury of a Federal flight deck officer sustained while in the performance of his or her duties under the program. Expresses the sense of Congress that air carriers should permit Federal flight deck officers to take a leave of absence from their employment as required to attend initial and requalification Federal flight deck officer training. |
SECTION 1. FINDINGS. Congress finds as follows: (1) Congress supports the goals of Indian self- determination and economic development. (2) Congress supports the efforts of Indian tribes to promote their economic development efforts, wherever possible, in cooperation with State and local governments and others. (3) The Puyallup tribe, a signatory to the 1854 Treaty of Medicine Creek, has a reservation in Washington State. (4) The Puyallup tribe, which operates gaming facilities pursuant to a compact with the State of Washington, is a significant source of jobs in the area of Tacoma, Washington. (5) The Port of Tacoma is an independent, municipal corporation that operates under State enabling legislation. (6) The Port of Tacoma is also a significant source of jobs in the area of Tacoma, Washington. (7) The Port of Tacoma is in the process of expanding its operations to provide greater economic opportunities for the City of Tacoma, Pierce County, and the State of Washington. (8) The Port of Tacoma's expansion requires the closure of the primary access road for one of the Puyallup tribe's gaming operations. Without this access road, the Puyallup tribe's gaming facility will no longer be economically viable at its current location. To avoid economic dislocation, including for the employees of the current facility, the Puyallup tribe has identified land on the Puyallup Reservation that would provide a suitable substitute location for its gaming facility. (9) The Puyallup tribe, as a result of the Port of Tacoma's road closure, seeks to have certain land taken into trust within its reservation. (10) The Puyallup tribe has worked closely and cooperatively with all affected entities, and the State of Washington, Pierce County, the City of Tacoma, the City of Fife, and the Port of Tacoma all support the Puyallup tribe in connection with this trust land acquisition. SEC. 2. TRUST LAND ACQUISITION. The Secretary shall accept the conveyance of and take into trust for the benefit of the Puyallup Tribe the following land located within the Puyallup Reservation: (1) Approximately 10.5 acres in Fife, Washington, consisting of the following parcels: Tax parcel number 0420076005 described as follows: LOT ``A'' OF DBLR 95-08-15-0496 DESC AS BEG AT NE COR OF L 1 OF S P 89-08-08-0412 TH S ALG W MAR OF 58TH AVE E 550.08 FT TO N MAR OF FIFE I-5 OFFRAMP TH S 87 DEG 37 MIN 15 SEC W 175.32 FT TH N 86 DEG 40 MIN 15 SEC W 150.7 FT TH N 03 DEG 19 MIN 45 SEC E 15 FT TH ALG C TO R CENTER BEARS N 03 DEG 19 MIN 45 SEC E 319.3 FT DIST THRU CENTRL ANGLE OF 26 DEG 01 MIN 10 SEC ARC DIST OF 145 FT TH N 29 DEG 20 MIN 53 SEC E 15 FT TH N 60 DEG 39 MIN 07 SEC W 12 FT TH S 31 DEG 32 MIN 17 SEC W 4.76 FT TH NWLY ALG C TO R CENTER BEARS N 31 DEG 36 MIN 19 SEC E 309.3 FT DIST THRU CENTRAL ANGLE OF 06 DEG 11 MIN 11 SEC ARC DIST OF 33.4 FT TH N 52 DEG 12 MIN 30 SEC W 103.2 FT TH N 00 DEG 25 MIN 25 SEC E 77.11 FT TH S 89 DEG 53 MIN 30 SEC E 193.43 FT TH N 00 DEG 25 MIN 25 SEC E 320 FT TO S MAR OF PAC HWY TH E ALG SD MAR 385 FT TO POB TOG/W EASE & RESTR OF REC OUT OF 04-20-06-3-102 & 2-116 SEG B0368JU 11/19/90BO DC5/20/96JU Tax parcel number 0420076006 described as follows: LOT ``B'' OF DBLR 95-08-15-0496 DESC AS BEG AT NE COR OF L 2 OF S P 89-08-02-0412 TH S 00 DEG 25 MIN 25 SEC W 320 FT TH N 89 DEG 53 MIN 30 SEC W 193.43 FT TH S 00 DEG 25 MIN 25 SEC W 77.11 FT TH S 52 DEG 12 MIN 30 SEC E 103.2 FT TH SELY ALG C TO L CENTER BEARS N 37 DEG 47 MIN 30 SEC E 309.3 FT DIST THRU CENTRAL ANGLE OF 06 DEG 11 MIN 11 SEC ARC DIST OF 33.4 FT TH N 31 DEG 32 MIN 17 SEC E 4.76 FT TH S 60 DEG 39 MIN 07 SEC E 12 FT TH S 29 DEG 20 MIN 53 SEC W 15 FT TO NLY MAR OF FIFE I-5 OFFRAMP TH NWLY ALG C TO R CENTER BEARS N 29 DEG 20 MIN 53 SEC E 319.3 FT DIST THRU CENTRAL ANGLE OF 47.05 FT TH N 52 DEG 12 MIN 30 SEC W 108.15 FT TH N 00 DEG 25 MIN 25 SEC E 402 FT TO S MAR OF PACIFIC HWY TH E ALG SD MAR 203.43 FT TO POB TOG/W EASE & RESTRICTIONS OF REC OUT OF 04-20-06-3-102 SEG B0368JU 11/19/90BO DC5/20/ 96JU Tax parcel number 0420076007 described as follows: L 3 OF S P 89-08-02-0412 TOG/W EASE & RESTRICTIONS OF REC OUT OF 04-20-06-3-102 & 2-116 SEG B0368JU 11/19/ 90BO Tax parcel number 0420076008 described as follows: Section 07 Township 20 Range 04 Quarter 23 : L 4 OF S P 89-08-02-0412 EXC THAT POR CYD TO STATE OF WASH PER ETN 842928 TOG/W FOLL DESC PROP COM AT HES AL26 6+38.0 POT ON AL26 LI SURVEY OF SR 5 TAC TO KING CTY LI TH S 88 DEG 54 MIN 30 SEC E 95 FT TO POB TH S 01 DEG 05 MIN 30 SEC W 87.4 FT TH WLY TO A PT OPP HES AL26 5+50.6 POT ON SD AL26 LI SURVEY & 75 FT ELY THEREFROM TH NWLY TO A PT OPP AL26 5+80.6 ON SD LI SURVEY & 55 FT ELY THEREFROM TH NLY PAR/W SD LI SURVEY TO N LI OF GOVT LOT 1 TH N 88 DEG 54 MIN 30 SEC E TO POB TOG/W EASE & RESTR OF REC OUT OF 04-20-06-3-102 8JU SEG B-0368JU 11-19-90BO DC9967JU02-11-94CL (2) An area of up to approximately 20 acres located within the Puyallup Indian Reservation in Tacoma, Washington, and abutting other trust land of the Puyallup tribe consisting of the following parcels: Any of the lots acquired by the Puyallup tribe located in Blocks 7846, 7850, 7945, 7946, 7949, 7950, 8045, or 8049 in the Indian Addition to the City of Tacoma. | Directs the Secretary of the Interior to take certain tribally-owned reservation land into trust for the Puyallup Tribe. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Food Allergy and Anaphylaxis Management Act of 2005''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Food allergy is an increasing food safety and public health concern in the United States, especially among children. (2) Peanut allergy doubled among children from 1997 to 2002. (3) In a 2003 survey of 400 elementary school nurses, 37 percent reported having at least 10 students with severe food allergies; 62 percent reported having at least 5. (4) Forty-four percent of the elementary school nurses surveyed reported that the number of children in their school with food allergy had increased over the past 5 years; only 2 percent reported a decrease. (5) In a 2001 study of 32 fatal food-allergy induced anaphylactic reactions (the largest study of its kind to date), more than half (53 percent) of the individuals were aged 18 or younger. (6) Eight foods account for 90 percent of all food-allergic reactions: milk, eggs, fish, shellfish, tree nuts, peanuts, wheat, and soy. (7) Currently, there is no cure for food allergies; strict avoidance of the offending food is the only way to prevent a reaction. (8) Anaphylaxis, or anaphylactic shock, is a systemic allergic reaction that can kill within minutes. (9) Food-allergic reactions are the leading cause of anaphylaxis outside the hospital setting, accounting for an estimated 30,000 emergency room visits, 2,000 hospitalizations, and 150 to 200 deaths each year in the United States. (10) Fatalities from anaphylaxis are associated with a delay in the administration of epinephrine (adrenaline), or when epinephrine was not administered at all. In a study of 13 food allergy-induced anaphylactic reactions in school-age children (6 fatal and 7 near fatal), only 2 of the children who died received epinephrine within 1 hour of ingesting the allergen, and all but one of the children who survived received epinephrine within 30 minutes. (11) The importance of managing life-threatening food allergies in the school setting has been recognized by the American Medical Association, the American Academy of Pediatrics, the American Academy of Allergy, Asthma and Immunology, and the American College of Allergy, Asthma and Immunology. (12) There are no Federal guidelines concerning the management of life-threatening food allergies in the school setting. (13) Three-quarters of the elementary school nurses surveyed reported developing their own training guidelines. (14) Relatively few schools actually employ a full-time school nurse. Many are forced to cover more than one school, and are often in charge of hundreds if not thousands of children. (15) Parents of children with severe food allergies often face entirely different food allergy management approaches when their children change schools or school districts. (16) In a study of food allergy reactions in schools and day-care settings, delays in treatment were attributed to a failure to follow emergency plans, calling parents instead of administering emergency medications, and an inability to administer epinephrine. SEC. 3. ESTABLISHMENT OF FOOD ALLERGY AND ANAPHYLAXIS MANAGEMENT POLICY. (a) Establishment.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall-- (1) develop a policy to be used on a voluntary basis to manage the risk of food allergy and anaphylaxis in schools; and (2) make such policy available to local educational agencies and other interested individuals and entities. (b) Contents.--The policy developed by the Secretary under subsection (a) shall address each of the following: (1) Parental obligation to provide the school, prior to the start of every school year, with documentation from the student's physician or nurse-- (A) supporting a diagnosis of food allergy and anaphylaxis; (B) identifying any food to which the student is allergic; (C) describing, if appropriate, any prior history of anaphylaxis; (D) listing any medication prescribed for the child for the treatment of anaphylaxis; (E) detailing emergency treatment procedures in the event of a reaction; (F) listing the signs and symptoms of a reaction; (G) assessing the student's readiness for self- administration of prescription medication; and (H) providing a list of substitute meals that may be offered by school food service personnel. (2) The maintenance of a file by the school nurse or principal for each student at risk for anaphylaxis. (3) Communication strategies between individual schools and local providers of emergency medical services, including appropriate instructions for emergency medical response. (4) Strategies to reduce the risk of exposure to anaphylactic causative agents in classrooms and common school areas such as the cafeteria. (5) The dissemination of information on life-threatening food allergies to school staff, parents, and students, if appropriate by law. (6) Food allergy management training of school personnel who regularly come into contact with students with life- threatening food allergies. (7) The authorization of school personnel to administer epinephrine when the school nurse is not immediately available. (8) The timely accessibility of epinephrine by school personnel when the nurse is not immediately available. (9) Extracurricular programs such as non-academic outings and field trips, before- and after-school programs, and school- sponsored programs held on weekends. (10) The creation of an individual health care plan tailored to the needs of each individual child at risk for anaphylaxis, including any procedures for the self- administration of medication by such children in instances where-- (A) the children are capable of self-administering medication; and (B) such administration is not prohibited by State law. (11) The collection and publication of data for each administration of epinephrine to a student at risk for anaphylaxis. (c) Relation to State Law.--Nothing in this Act or the policy developed by the Secretary under subsection (a) shall be construed to preempt State law, including any State law regarding whether students at risk for anaphylaxis may self-administer medication. (d) Definitions.--In this Act: (1) The term ``school'' includes kindergartens, elementary schools, and secondary schools. (2) The term ``Secretary'' means the Secretary of Health and Human Services. | Food Allergy and Anaphylaxis Management Act of 2005 - Requires the Secretary of Health and Human Services to develop and make available to local educational agencies a voluntary policy to manage the risk of food allergy and anaphylaxis in schools. Directs that such policy address: (1) a parental obligation to provide the school with information regarding a student's food allergy and anaphylaxis; (2) communication strategies between schools and emergency medical services; (3) strategies to reduce the risk of exposure in classrooms and common areas; (4) food allergy management training of school personnel; (5) authorization of school personnel to administer epinephrine when the school nurse is not immediately available; and (6) creation of an individual health care plan tailored to each child's risk for anaphylaxis. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Fire Sprinkler Incentive Act of 2007''. SEC. 2. FINDINGS. The Congress finds that-- (1) the publication of the original study and comprehensive list of recommendations in America Burning, written in 1974, requested advances in fire prevention through the installation of automatic sprinkler systems in existing buildings have yet to be fully implemented; (2) fire departments responded to approximately 1,600,000 fires in 2005; (3) there were 3,675 civilian deaths and 17,925 civilian injuries resulting from fire in the United States in 2005; (4) 87 firefighters were killed in 2005; (5) fire caused $10,672,000,000 in direct property damage in 2005, and sprinklers are responsible for a 70 percent reduction in property damage from fires in public assembly, educational, residential, commercial, industrial and manufacturing buildings; (6) fire departments respond to a fire every 20 seconds, a fire breaks out in a structure every 61 seconds and in a residential structure every 79 seconds in the United States; (7) the Station Nightclub in West Warwick, Rhode Island, did not contain an automated sprinkler system and burned down, killing 100 people on February 20, 2003; (8) due to an automated sprinkler system, not a single person was injured from a fire beginning in the Fine Line Music Cafe in Minneapolis after the use of pyrotechnics on February 17, 2003; (9) the National Fire Protection Association has no record of a fire killing more than 2 people in a completely sprinklered public assembly, educational, institutional or residential building where the system was properly installed and fully operational; (10) sprinkler systems dramatically improve the chances of survival of those who cannot save themselves, specifically older adults, young children and people with disabilities; (11) the financial cost of upgrading fire counter-measures in buildings built prior to fire safety codes is prohibitive for most property owners; (12) many State and local governments lack any requirements for existing structures to contain automatic sprinkler systems; (13) under the present straight-line method of depreciation, there is a disincentive for building safety improvements due to an extremely low rate of return on investment; and (14) the Nation is in need of incentives for the voluntary installation and retrofitting of buildings with automated sprinkler systems to save the lives of countless individuals and responding firefighters as well as drastically reduce the costs from property damage. SEC. 3. CLASSIFICATION OF AUTOMATIC FIRE SPRINKLER SYSTEMS. (a) In General.--Subparagraph (B) of section 168(e)(3) of the Internal Revenue Code of 1986 (relating to 5-year property) is amended by striking ``and'' at the end of clause (v), by striking the period at the end of clause (vi) and inserting ``, and'', and by adding at the end the following: ``(vii) any automated fire sprinkler system placed in service after April 11, 2003, in a building or structure which was placed in service before such date.''. (b) Alternative System.--The table contained in section 168(g)(3)(B) of the Internal Revenue Code of 1986 is amended by inserting after the item relating to subparagraph (B)(iii) the following: ``(B)(vii).................................................. 7''. (c) Definition of Automatic Fire Sprinkler System.--Subsection (i) of section 168 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(17) Automated fire sprinkler system.--The term `automated fire sprinkler system' means those sprinkler systems classified under one or more of the following publications of the National Fire Protection Association-- ``(A) NFPA 13, Installation of Sprinkler Systems, ``(B) NFPA 13 D, Installation of Sprinkler Systems in One and Two Family Dwellings and Manufactured Homes, and ``(C) NFPA 13 R, Installation of Sprinkler Systems in Residential Occupancies Up to and Including Four Stories in Height.''. (d) Effective Date.--The amendments made by this section shall apply to property placed in service after April 11, 2003. (e) Waiver of Limitations.--If refund or credit of any overpayment of tax resulting from the amendments made by this section is prevented at any time before the close of the 1-year period beginning on the date of the enactment of this Act by the operation of any law or rule of law (including res judicata), such refund or credit may nevertheless be made or allowed if claim therefor is filed before the close of such period. | Fire Sprinkler Incentive Act of 2007 - Amends the Internal Revenue Code to classify automatic fire sprinkler systems as five-year depreciable property. Makes this Act applicable to property placed in service after April 11, 2003. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Nuclear Waste Transportation Protection Amendments Act of 2002''. SEC. 2. FINDINGS. The Congress finds the following: (1) The transportation of nuclear waste to a Yucca Mountain repository would require a massive transportation undertaking. More nuclear waste would be shipped in the first full year of repository operations than has been transported in the entire five-decade history of nuclear waste shipments in the United States. (2) The transportation of this waste would require over 96,000 truck shipments over four decades. Almost every major east-west interstate highway and mainline railroad in the country would experience nuclear waste shipments as waste is moved from reactors and other sites in 39 States. (3) The Department of Energy proposes to directly impact 44 States, many of the major metropolitan areas in the Nation, and at least 109 cities with populations exceeding 100,000. Highway shipments alone will impact at least 703 counties with a combined population of 123,000,000 people. Nationally, between 7,000,000 and 11,000,000 people reside within one-half mile of the anticipated truck or rail routes. (4) This never-before-attempted nuclear waste transportation effort would bring with it a constellation of hazards and risks, including potentially serious economic damage and property value losses in cities and communities along shipping routes. Also of concern are the increased security risks from shipments that represent numerous mobile targets within some of the country's most populous and vulnerable metropolitan areas. (5) Before any nuclear waste shipments occur, the Federal Government must ensure the safety and security of these shipments. This Act requires the Secretary of Energy to develop a comprehensive safety program that establishes new safety and security measures that greatly exceed the minimal level of protection offered today. SEC. 3. AMENDMENTS. Section 180 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10175) is amended by adding at the end the following new subsections: ``(d) Comprehensive Safety Program.--The Secretary shall develop a comprehensive safety program that includes, consistent with this title, driver selection, independent inspections, bad weather protocols, road condition reporting, safe parking areas, advance notice, real time tracking and monitoring, emergency response, medical preparedness, equipment standards, training and exercises, mutual aid agreements, emergency alternative routing, program evaluation, and public information. ``(e) Protecting Populated Communities.--The Secretary may not transport high-level radioactive waste through an incorporated community with a population in excess of 50,000 unless the waste originates in that community. ``(f) Oldest Fuel First.--The Secretary shall ensure that the oldest spent nuclear fuel shall be transported before other spent nuclear fuel. ``(g) Full-Scale Cask Testing.--No spent nuclear fuel or high-level radioactive waste may be transported by or for the Secretary under this Act except in packages the design of which has been certified by the Commission and tested at full-scale, including physical tests to destruction, to demonstrate compliance with the Commission performance standards. The Commission shall ensure a stakeholder role in the development of a cask testing program for testing under this subsection, including selection of test facilities, personnel, and peer review. ``(h) State and Local Route Consultation.--Affected State, local, and tribal governments shall be consulted in the selection of routes for the transportation of spent nuclear fuel and high-level radioactive waste. ``(i) Private Carrier Prohibition.--Spent nuclear fuel and high- level radioactive waste shall not be transported under this Act by a private sector carrier. ``(j) Advance Notification.--The Secretary shall provide a minimum of 14 days advance notification to States, Indian tribes, and local communities through whose jurisdiction the Secretary plans to transport spent nuclear fuel and high-level radioactive waste. ``(k) Security Precautions.--All transportation of spent nuclear fuel and high-level radioactive waste under this Act shall-- ``(1) if by train, be on a train dedicated solely to such transportation; ``(2) include at least 3 armed escorts for each nuclear waste convoy, including a lead vehicle and a trailer vehicle; ``(3) be scheduled to avoid regular transportation patterns; ``(4) be planned in order to minimize storage times; and ``(5) occur at a time when the receiver at the final delivery point will be present to accept shipment.''. | Nuclear Waste Transportation Protection Amendments Act of 2002 - Amends the Nuclear Waste Policy Act of 1982 to direct the Secretary of Energy to develop a comprehensive safety program governing the transportation of nuclear waste to a Yucca Mountain repository that includes: driver selection, independent inspections, bad weather protocols, road condition reporting, safe parking areas, advance notice, real time tracking and monitoring, emergency response, medical preparedness, equipment standards, training and exercises, mutual aid agreements, emergency alternative routing, program evaluation, and public information.Prohibits the Secretary from transporting high-level radioactive waste through certain populated communities unless the waste originates in such community.Instructs the Secretary to ensure that the oldest spent nuclear fuel is transported before other spent nuclear fuel.Mandates transportation of spent nuclear fuel or high-level radioactive waste in packages whose design has been certified by the Nuclear Regulatory Commission and tested at full scale to demonstrate compliance with Commission performance standards.Mandates consultation with affected State, local, and tribal governments in the selection of routes for the transportation of spent nuclear fuel and high-level radioactive waste.Prohibits private sector transportation of spent nuclear fuel and high-level radioactive waste.Requires the Secretary to provide advance notification to States, Indian tribes, and local communities through whose jurisdiction the Secretary plans to transport spent nuclear fuel and high-level radioactive waste.Sets forth security precautions for all transportation of spent nuclear fuel and high-level radioactive waste. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Egyptian Military Coup Act of 2014''. SEC. 2. FOREIGN ASSISTANCE RESTRICTIONS IN RESPONSE TO EGYPTIAN MILITARY COUP D'ETAT. (a) Findings.--Congress makes the following findings: (1) On June 30, 2012, Mohamed Morsi was elected President of Egypt in elections that were certified as free and fair by the Egyptian Presidential Election Commission and the United Nations. (2) On July 3, 2013, the military of Egypt removed the democratically elected President of Egypt, arrested his supporters, and suspended the Constitution of Egypt. These actions fit the definition of a military coup d'etat. (3) On August 14, 2013, Egyptian security forces killed over 600 protestors in the dispersal of a demonstration in Rabaa, Egypt. (4) Since the July 2013 military coup d'etat, the Egyptian military and security officials are estimated to have killed more than 1,000 Egyptian citizen protestors. (5) On January 17, 2014, President Barack Obama signed into law the Consolidated Appropriations Act, 2014 (Public Law 113- 76), which included language in section 7041(a) that conditioned economic assistance to the Government of Egypt on concrete and measurable actions to restore democracy to the citizens of Egypt. (6) On April 23, 2014, President Obama approved the transfer of 10 AH-64 Apache Helicopters and $650,000,000 in financial aid to the military-controlled Government of Egypt. (7) On April 28, 2014, a court in Egypt sentenced 683 Egyptian citizens to death for protests in the town of Edwa, Egypt, following a five-minute hearing that was not long enough to recite the full names of the accused. (8) On May 5, 2014, Former Army Chief Abdul Fattah al-Sisi, who led Egyptian military forces in the coup d'etat against a ruling party that was elected with 51.7 percent of the vote, said on Egyptian television that, if elected, the previous ruling political party would ``not exist''. (9) On May 6, 2014, a court in Egypt banned members of the National Democratic Party from participating in any Presidential, parliamentary, or local elections. (10) Pursuant to section 7008 of the Department of State, Foreign Operations, and Related Programs Act, 2012 (division I of Public Law 112-74; 125 Stat. 1195), the United States is legally prohibited from providing foreign assistance to any country whose duly elected head of government is deposed by a military coup d'etat, or removed in such a way that the military plays a decisive role. (11) The United States has suspended aid to countries that have undergone military coups d'etat in the past, including the Ivory Coast, the Central African Republic, Thailand, Mali, Fiji, and Honduras. (b) Foreign Assistance to the Government of Egypt.-- (1) Restrictions on assistance under section 7008.--In accordance with section 7008 of the Department of State, Foreign Operations, and Related Programs Act, 2012 (division I of Public Law 112-74; 125 Stat. 1195), the United States Government, including the Department of State, shall refrain from providing to the Government of Egypt the assistance restricted under such section. (2) Additional restrictions.--In addition to the restrictions referred to in paragraph (1), the following restrictions shall be in effect with respect to United States assistance to the Government of Egypt: (A) Deliveries of defense articles currently slated for transfer to Egyptian Ministry of Defense (MOD) and Ministry of Interior (MOI) shall be suspended until the President certifies to Congress that democratic national elections have taken place in Egypt followed by a peaceful transfer of power. (B) Provision of defense services to Egyptian MOD and MOI shall be halted immediately until the President certifies to Congress that democratic national elections have taken place in Egypt followed by a peaceful transfer of power. (C) Processing of draft Letters of Offer and Acceptance (LOAs) for future arms sales to Egyptian MOD and MOI entities shall be halted until the President certifies to Congress that democratic national elections have taken place in Egypt followed by a peaceful transfer of power. (D) All costs associated with the delays in deliveries and provision of services required under subparagraphs (A) through (C) shall be borne by the Government of Egypt. | Egyptian Military Coup Act of 2014 - Prohibits U.S. government assistance to Egypt pursuant to the coup d'etat restriction under the Department of State, Foreign Operations, and Related Programs Act, 2012. Suspends the provision of specified defense articles and services, and the processing of letters of offer and acceptance for future arms sales, until the President certifies to Congress that democratic national elections have taken place in Egypt followed by a peaceful transfer of power. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``American Burying Beetle Relief Act of 2014''. SEC. 2. FINDINGS. Congress finds that-- (1) in 1989, the United States Fish and Wildlife Service (referred to in this section as ``the Service'') listed the American burying beetle as an endangered species under the Endangered Species Act (16 U.S.C. 1531 et seq.); (2) in making the decision to list the American burying beetle as an endangered species, the Service-- (A) stated that the American burying beetle was ``once widely distributed throughout eastern North America''; and (B) considered possible factors in the population decline of the American burying beetle, but ultimately concluded that ``the cause of the species' decline is unknown''; (3) as of the date of the decision, there were only 2 known populations of the American burying beetle, 1 located in Eastern Oklahoma and 1 located on an island off the coast of Rhode Island; (4) at that time, the Rhode Island population was estimated to be around 520 American burying beetles and the Oklahoma population to be fewer than 12 American burying beetles; (5) the Service has not completed a range-wide population survey of the American burying beetle since 1985; (6) in 1991, the Service published a recovery plan for the American burying beetle, with the objective of protecting and maintaining the extant population in Rhode Island and the populations in Oklahoma; (7) in order to reconsider the listing status of the American burying beetle, the Service is required to identify 3 populations of American burying beetle that have been reestablished (or additional populations discovered) within each of 4 broad geographical areas of the historical range of the American burying beetle; (8) the Service has identified these 4 geographical areas as-- (A) the Midwest region, including Oklahoma and most States between Texas, Louisiana, and Montana; (B) the Great Lakes region; (C) the Southeast region; and (D) the Northeast region, including Rhode Island; (9) in 2008, the Service performed the first 5-year review of the American burying beetle, which-- (A) determined that-- (i) the criteria for reconsidering the listing of the American burying beetle had been met in the Midwest region, ``where additional occurrences of the American burying beetle have been discovered''; and (ii) that, ``as a consequence, the total number of American burying beetle in this recovery area is believed to greatly exceed the numerical target'' established under the recovery plan; (B) stated that ``although one of four geographic recovery areas for the American burying beetle has met the criteria for reclassification, the species presumably remains extirpated in most of its historic range''; and (C) concluded that the American burying beetle should remain listed as an endangered species; (10) as of the date of enactment of this Act-- (A) the population of the American burying beetle in Nebraska is estimated to contain over 3,000 American burying beetles, making that one of the largest known populations, although at the time the American burying beetle was listed in 1989 none were known to live in Nebraska; (B) the population of the American burying beetle in Oklahoma has grown dramatically from the population numbers in 1989 when the American burying beetle was listed as an endangered species and is believed to be well into the thousands; (C) the Service believes that the American burying beetle exists in 45 of the 77 counties in Oklahoma, although at the time the Service listed the American burying beetle as endangered in 1989, only 4 counties in Oklahoma had a known American burying beetle population; (D) Oklahoma State officials are concerned about the lack of mitigation options available to developers relating to the American burying beetle; and (E) Oklahoma Department of Wildlife Conservation Director Richard Hatcher has not received a response to the request submitted to the Service on April 15, 2013, which asked-- (i) for an update to the recovery plan for the American burying beetle; and (ii) that the process of delisting the American burying beetle begin; (11) Service documents published close to the date of enactment of this Act list the States of Arkansas, Kansas, Massachusetts, Missouri, Nebraska, Ohio, Oklahoma, Rhode Island, South Dakota, and Texas as having an American burying beetle population; (12) the history of the process of the gray wolf being delisted as an endangered species, first in some areas of the United States and then entirely, provides an example that could be used to delist the American burying beetle in the Midwest region; (13) important points in the history of the gray wolf being delisted include that-- (A) in 2011, the Service decided to remove the gray wolf from the endangered species list in the States of Idaho, Montana, Utah, Washington, and parts of Oregon while leaving the species listed in Wyoming; (B) this partial delisting was due to the healthy population levels present in those States at that time; and (C) less than 2 years later, in 2013, the delisting was extended to Wyoming, and the gray wolf was no longer listed as endangered under the Endangered Species Act (16 U.S.C. 1531 et seq.); (14) there is support for the American burying beetle being completely delisted, because-- (A) beginning in 2007, the Service promulgated an official policy stating that when the Service evaluates the probability of a species being lost to extinction across the range of that species, the Service does so within the known existing range of that species, not a hypothetical historic range of that species; (B) using the policy described in subparagraph (A), if the American burying beetle were reconsidered as a candidate for being listed as an endangered species under the Endangered Species Act (16 U.S.C. 1531 et seq.), the American burying beetle likely would not be eligible because the known populations are not in danger of being lost and instead are expanding as of the date of enactment of this Act; and (C) the historic range of the American burying beetle, described by the Service as being ``ubiquitous'' at some point, is reliant on data, observations, and studies that are more than 70 years old and are not easy to locate; (15) there is a lack of information about the extent of the American burying beetle population as of the date of enactment of this Act, although the population appears to have expanded since the American burying beetle was originally listed as an endangered species; (16) it is not clear whether the increased population count of the American burying beetle is due to the scientific community being more apt at locating these insects or whether the population has actually increased; and (17) it is clear the American burying beetle has proven much more resilient than the Service originally believed, rendering the decision of the Service to list the American burying beetle as an endangered species under the Endangered Species Act (16 U.S.C. 1531 et seq.) indefensible. SEC. 3. REMOVAL OF ENDANGERED SPECIES STATUS. Notwithstanding the final rule of the United States Fish and Wildlife Service entitled ``Endangered and Threatened Wildlife and Plants; Determination of Endangered Status for the American Burying Beetle'' (54 Fed. Reg. 29652 (July 13, 1989)), the American burying beetle shall not be listed as a threatened or endangered species under the Endangered Species Act (16 U.S.C. 1531 et seq.). | American Burying Beetle Relief Act of 2014 - Removes the United States Fish and Wildlife Service's listing of the American burying beetle as an endangered species under the Endangered Species Act. Prohibits the beetle from being listed as a threatened or endangered species. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Student Athletes from Concussions Act of 2013''. SEC. 2. MINIMUM STATE REQUIREMENTS. (a) Minimum Requirements.--Each State that receives funds under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) and does not meet the requirements described in this section, as of the date of enactment of this Act, shall, not later than the last day of the fifth full fiscal year after the date of enactment of this Act (referred to in this Act as the ``compliance deadline''), enact legislation or issue regulations establishing the following minimum requirements: (1) Local educational agency concussion safety and management plan.--Each local educational agency in the State, in consultation with members of the community in which such agency is located, shall develop and implement a standard plan for concussion safety and management that-- (A) educates students, parents, and school personnel about concussions, through activities such as-- (i) training school personnel, including coaches, teachers, athletic trainers, related services personnel, and school nurses, on concussion safety and management, including training on the prevention, recognition, and academic consequences of concussions and response to concussions; and (ii) using, maintaining, and disseminating to students and parents-- (I) release forms and other appropriate forms for reporting and recordkeeping; (II) treatment plans; and (III) prevention and post-injury observation and monitoring fact sheets about concussion; (B) encourages supports, where feasible, for a student recovering from a concussion (regardless of whether or not the concussion occurred during school- sponsored activities, during school hours, on school property, or during an athletic activity), such as-- (i) guiding the student in resuming participation in athletic activity and academic activities with the help of a multi- disciplinary concussion management team, which may include-- (I) a health care professional, the parents of such student, a school nurse, relevant related services personnel, and other relevant school personnel; and (II) an individual who is assigned by a public school to oversee and manage the recovery of such student; and (ii) providing appropriate academic accommodations aimed at progressively reintroducing cognitive demands on the student; and (C) encourages the use of best practices designed to ensure, with respect to concussions, the uniformity of safety standards, treatment, and management, such as-- (i) disseminating information on concussion safety and management to the public; and (ii) applying uniform best practice standards for concussion safety and management to all students enrolled in public schools. (2) Posting of information on concussions.--Each public elementary school and each public secondary school shall post on school grounds, in a manner that is visible to students and school personnel, and make publicly available on the school website, information on concussions that-- (A) is based on peer-reviewed scientific evidence (such as information made available by the Centers for Disease Control and Prevention); (B) shall include information on-- (i) the risks posed by sustaining a concussion; (ii) the actions a student should take in response to sustaining a concussion, including the notification of school personnel; and (iii) the signs and symptoms of a concussion; and (C) may include information on-- (i) the definition of a concussion; (ii) the means available to the student to reduce the incidence or recurrence of a concussion; and (iii) the effects of a concussion on academic learning and performance. (3) Response to concussion.--If an individual designated from among school personnel for purposes of this Act suspects that a student has sustained a concussion (regardless of whether or not the concussion occurred during school-sponsored activities, during school hours, on school property, or during an athletic activity)-- (A) the student shall be-- (i) immediately removed from participation in a school-sponsored athletic activity; and (ii) prohibited from returning to participate in a school-sponsored athletic activity-- (I) on the day such student is removed from such participation; and (II) until such student submits a written release from a health care professional stating that the student is capable of resuming participation in school-sponsored athletic activities; and (B) the designated individual shall report to the parent or guardian of such student-- (i) any information that the designated school employee is aware of regarding the date, time, and type of the injury suffered by such student (regardless of where, when, or how a concussion may have occurred); and (ii) any actions taken to treat such student. (4) Return to athletics.--If a student has sustained a concussion (regardless of whether or not the concussion occurred during school-sponsored activities, during school hours, on school property, or during an athletic activity), before such student resumes participation in school-sponsored athletic activities, the school shall receive a written release from a health care professional, that-- (A) states that the student is capable of resuming participation in such activities; and (B) may require the student to follow a plan designed to aid the student in recovering and resuming participation in such activities in a manner that-- (i) is coordinated, as appropriate, with periods of cognitive and physical rest while symptoms of a concussion persist; and (ii) reintroduces cognitive and physical demands on such student on a progressive basis only as such increases in exertion do not cause the reemergence or worsening of symptoms of a concussion. (b) Noncompliance.-- (1) First year.--If a State described in subsection (a) fails to comply with subsection (a) by the compliance deadline, the Secretary of Education shall reduce by 5 percent the amount of funds the State receives under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) for the first fiscal year following the compliance deadline. (2) Succeeding years.--If the State fails to so comply by the last day of any fiscal year following the compliance deadline, the Secretary of Education shall reduce by 10 percent the amount of funds the State receives under that Act for the following fiscal year. (3) Notification of noncompliance.--Prior to reducing any funds that a State receives under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) in accordance with this subsection, the Secretary of Education shall provide a written notification of the intended reduction of funds to the State and to the appropriate committees of Congress. SEC. 3. RULE OF CONSTRUCTION. Nothing in this Act shall be construed to affect civil or criminal liability under Federal or State law. SEC. 4. DEFINITIONS. In this Act: (1) Concussion.--The term ``concussion'' means a type of mild traumatic brain injury that-- (A) is caused by a blow, jolt, or motion to the head or body that causes the brain to move rapidly in the skull; (B) disrupts normal brain functioning and alters the mental state of the individual, causing the individual to experience-- (i) any period of observed or self- reported-- (I) transient confusion, disorientation, or impaired consciousness; (II) dysfunction of memory around the time of injury; or (III) loss of consciousness lasting less than 30 minutes; or (ii) any 1 of 4 types of symptoms, including-- (I) physical symptoms, such as headache, fatigue, or dizziness; (II) cognitive symptoms, such as memory disturbance or slowed thinking; (III) emotional symptoms, such as irritability or sadness; or (IV) difficulty sleeping; and (C) can occur-- (i) with or without the loss of consciousness; and (ii) during participation in any organized sport or recreational activity. (2) Health care professional.--The term ``health care professional''-- (A) means an individual who has been trained in diagnosis and management of traumatic brain injury in a pediatric population; and (B) includes a physician (M.D. or D.O.) or certified athletic trainer who is registered, licensed, certified, or otherwise statutorily recognized by the State to provide such diagnosis and management. (3) Local educational agency; state.--The terms ``local educational agency'' and ``State'' have the meanings given such terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (4) Related services personnel.--The term ``related services personnel'' means individuals who provide related services, as defined under section 602 of the Individuals with Disabilities Education Act (20 U.S.C. 1401). (5) School-sponsored athletic activity.--The term ``school- sponsored athletic activity'' means-- (A) any physical education class or program of a school; (B) any athletic activity authorized during the school day on school grounds that is not an instructional activity; (C) any extracurricular sports team, club, or league organized by a school on or off school grounds; and (D) any recess activity. | Protecting Student Athletes from Concussions Act of 2013 - Requires each state that receives funds under the Elementary and Secondary Education Act of 1965 (ESEA) and that does not meet the requirements for the prevention and treatment of concussions set forth in this Act as of the date of enactment of this Act to enact legislation or issue regulations establishing such requirements by the last day of the fifth full fiscal year after such date. Requires each local educational agency in the state to develop and implement a standard plan for concussion safety and management that: (1) educates students, parents, and school personnel about concussions through specified activities; (2) encourages specified supports for a student recovering from a concussion; and (3) encourages the use of specified best practices designed to ensure the uniformity of safety standards, treatment, and management. Requires each public elementary and secondary school to post on school grounds and make publicly available on the school website specified information on concussions. Requires that if an individual designated from among school personnel for purposes of this Act suspects that a student has sustained a concussion: (1) the student shall be immediately removed from participation in a school-sponsored athletic activity and prohibited from returning to such activity until the student submits a written release from a health care professional; and (2) such designated individual shall report to the student's parent or guardian information regarding the date, time, and type of the injury suffered by the student and any actions taken to treat the student. Directs the Secretary of Education to: (1) reduce by specified percentages the amount a state receives under ESEA if it fails to comply with this Act within a specified time frame, and (2) provide prior written notification of such intended reduction to the state and to the appropriate congressional committees. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Streamlining DHS Overhead Act''. SEC. 2. LONG TERM REAL PROPERTY STRATEGIES. (a) In General.--Title VII of the Homeland Security Act of 2002 (6 U.S.C. 341 et seq.) is amended by adding at the end the following new sections: ``SEC. 710. CHIEF FACILITIES AND LOGISTICS OFFICER. ``(a) In General.--There is a Chief Facilities and Logistics Officer of the Department who shall report directly to the Under Secretary for Management. The Chief Facilities and Logistics Officer shall be career reserved for a member of the senior executive service. ``(b) Responsibilities.--The Chief Facilities and Logistics Officer shall-- ``(1) develop policies and procedures and provide program oversight to manage real property, facilities, personal property, mobile assets, equipment, and other material resources of the Department; ``(2) manage and execute, in consultation with the component heads, mission support services within the National Capital Region for real property, facilities, and other common headquarters and field activities for the Department; and ``(3) provide tactical and transactional services for the Department, including transportation, facility operations, and maintenance. ``SEC. 711. LONG TERM REAL PROPERTY STRATEGIES. ``(a) In General.-- ``(1) First strategy.--Not later than 180 days after the date of the enactment of this section, the Under Secretary for Management shall develop an initial 5-year regional real property strategy for the Department that covers the five fiscal years immediately following such date of enactment. Such strategy shall be geographically organized, as designated by the Under Secretary for Management. ``(2) Second strategy.--Not later than the first day of the fourth fiscal year covered by the first strategy under paragraph (1), the Under Secretary for Management shall develop a second 5-year real property strategy for the Department that covers the five fiscal years immediately following the conclusion of such first strategy. ``(b) Requirements.-- ``(1) Initial strategy.--The initial 5-year strategy developed in accordance with paragraph (1) of subsection (a) shall-- ``(A) identify opportunities to consolidate real property, optimize the usage of Federal assets, and decrease the number of commercial leases and square footage within the Department's real property portfolio; ``(B) provide alternate housing and consolidation plans to increase efficiency through joint use of Department spaces while decreasing the cost of leased space; ``(C) concentrate on geographical areas with a significant Department presence, as identified by the Under Secretary for Management; ``(D) examine the establishment of central Department locations in each such geographical region and the co-location of Department components based on the mission sets and responsibilities of such components; ``(E) identify opportunities to reduce overhead costs through co-location or consolidation of real property interests or mission support activities, such as shared mail screening and processing, centralized transportation and shuttle services, regional transit benefit programs, common contracting for custodial and other services, and leveraging strategic sourcing contracts and sharing of specialized facilities, such as training facilities and resources; ``(F) manage the current Department Workspace Standard for Office Space in accordance with the Department office workspace design process to develop the most efficient and effective spaces within the workspace standard usable square foot ranges for all leased for office space entered into on or after the date of the enactment of this section, including the renewal of any leases for office space existing as of such date; ``(G) define, based on square footage, what constitutes a major real property acquisition; ``(H) prioritize actions to be taken to improve the operations and management of the Department's real property inventory, based on life-cycle cost estimations, in consultation with component heads; and ``(I) include any additional information determined appropriate or relevant by the Under Secretary for Management. ``(2) Second strategy.--The second 5-year strategy developed in accordance with paragraph (2) of subsection (a) shall include information required in subparagraphs (A), (B), (C), (E), (F), (G), (H), and (I) of paragraph (1) and information on the effectiveness of implementation efforts pursuant to the Department-wide policy required in accordance with subsection (c), including-- ``(A) the impact of such implementation on departmental operations and costs; and ``(B) the degree to which the Department established central Department locations and co-located Department components pursuant to the results of the examination required by subparagraph (D) of paragraph (1). ``(c) Implementation Policies.--Not later than 90 days after the development of each of the regional real property strategies developed in accordance with subsection (a), the Under Secretary for Management shall develop or update, as applicable, a Department-wide policy implementing such strategies. ``(d) Certifications.--Subject to subsection (g)(3), the implementation policies developed pursuant to subsection (c) shall require component heads to certify to the Under Secretary for Management that such heads have complied with the requirements specified in subsection (b) before making any major real property decision or recommendation, as defined by the Under Secretary, including matters related to new leased space, renewing any existing leases, or agreeing to extend or newly occupy any Federal space or new construction, in accordance with the applicable regional real property strategy developed in accordance with subsection (a). ``(e) Underutilized Space.-- ``(1) In general.--The implementing policies developed pursuant to subsection (c) shall require component heads, acting through regional property managers under subsection (f), to annually report to the Under Secretary for Management on underutilized space and identify space that may be made available for use, as applicable, by other components or Federal agencies. ``(2) Exception.--The Under Secretary for Management may grant an exception to the workspace standard usable square foot ranges described in subsection (b)(1)(F) for specific office locations at which a reduction or elimination of otherwise underutilized space would negatively impact a component's ability to execute its mission based on readiness performance measures or would increase the cost of such space. ``(3) Underutilized space defined.--In this subsection, the term `underutilized space' means any space with respect to which utilization is greater than the workplace standard usable square foot ranges pursuant to subsection (b)(1)(F). ``(f) Component Responsibilities.-- ``(1) Regional property managers.--Each component head shall identify a senior career employee of each such component for each geographic region included in the regional real property strategies developed in accordance with subsection (a) to serve as each such component's regional property manager. Each such regional property manager shall serve as a single point of contact for Department headquarters and other Department components for all real property matters relating to each such component within the region in which each such component is located, and provide data and any other support necessary for the DHS Regional Mission Support Coordinator strategic asset and portfolio planning and execution. ``(2) Data.--Regional property managers under paragraph (1) shall provide annually to the Under Secretary for Management, via a standardized and centralized system, data on each component's real property holdings, as specified by the Undersecretary for Management, including relating to underutilized space under subsection (e) (as such term is defined in such subsection), total square footage leased, annual cost, and total number of staff, for each geographic region included in the regional real property strategies developed in accordance with subsection (a). ``(g) Ongoing Oversight.-- ``(1) In general.--The Under Secretary for Management shall monitor components' adherence to the regional real property strategies developed in accordance with subsection (a) and the implementation policies developed pursuant to subsection (c). ``(2) Annual review.--The Under Secretary for Management shall annually review the data submitted pursuant to subsection (f)(2) to ensure all underutilized space (as such term is defined in subsection (e)) is properly identified. ``(3) Certification review.--The Under Secretary for Management shall review, and if appropriate, approve, component certifications under subsection (d) before such components may make any major real property decision, including matters related to new leased space, renewing any existing leases, or agreeing to extend or newly occupy any Federal space or new construction, in accordance with the applicable regional real property strategy developed in accordance with subsection (a). ``(4) Congressional reporting.--The Under Secretary for Management shall annually provide information to the Committee on Homeland Security and Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Inspector General of the Department on the Department's real property portfolio, including information relating to the following: ``(A) A summary of the Department's real property holdings in each region described in the regional strategies developed in accordance with subsection (a), and for each such property, information including the total square footage leased, the total cost, the total number of staff at each such property, and the square foot per person utilization rate for office space (and whether or not such conforms with the workspace standard usable square foot ranges established pursuant to subsection (b)(1)(F)). ``(B) An accounting of all underutilized space (as such term is defined in subsection (e)). ``(C) An accounting of all instances in which the Department or its components consolidated their real property holdings or co-located with another entity within the Department. ``(D) A list of all certifications provided pursuant to subsection (d) and all such certifications approved pursuant to paragraph (3) of this subsection. ``(5) Inspector general review.--Not later than 120 days after the last day of the fifth fiscal year covered in each of the initial and second regional real property strategies developed in accordance with subsection (a), the Inspector General of the Department shall review the information submitted pursuant to paragraph (4) and issue findings regarding the effectiveness of the implementation of the Department-wide policy and oversight efforts of the management of real property facilities, personal property, mobile assets, equipment and the Department's other material resources as required under this section.''. (b) Reporting.--The Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate copies of the regional strategies developed in accordance with section 710(a) of the Homeland Security Act of 2002 (as added by subsection (a) of this section) not later than 90 days after the date of the development of each such strategy. (c) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 709 the following new items: ``Sec. 710. Chief Facilities and Logistics Officer. ``Sec. 711. Long term real property strategies.''. Passed the House of Representatives June 20, 2017. Attest: KAREN L. HAAS, Clerk. | Streamlining DHS Overhead Act (Sec. 2) This bill amends the Homeland Security Act of 2002 to establish a Chief Facilities and Logistics Officer within the Department of Homeland Security (DHS), who shall: (1) develop policies and procedures and provide program oversight to manage DHS property, equipment, and material resources; (2) manage and execute mission support services within the National Capital Region for DHS real property, facilities, headquarters, and field activities; and (3) provide tactical and transactional services for DHS. DHS shall develop: (1) an initial five-year regional real property strategy, which shall be geographically organized; (2) a subsequent five-year real property strategy; and (3) a department-wide policy implementing such strategies. The initial five-year strategy shall: identify opportunities to consolidate real property, optimize the usage of federal assets, and decrease the number of commercial leases and square footage within DHS's real property portfolio; provide alternate housing and consolidation plans to increase efficiency through joint use of DHS spaces while decreasing the reliance on and cost of leased space; concentrate on geographical areas with a significant DHS presence; examine the establishment of central DHS locations in each such geographical region and the co-location of DHS components based on their mission sets and responsibilities; identify opportunities to reduce overhead costs through co-location or consolidation of real property interests or mission support activities; manage the current Department Workspace Standard for Office Space in accordance with the DHS office workspace design process to develop the most efficient and effective spaces within the workspace standard net usable square foot ranges for all leases for office space entered into after enactment of this bill; define, based on square footage, what constitutes a major real property acquisition; and prioritize actions to be taken to improve the operations and management of DHS's real property inventory, based on life-cycle cost estimations. The second five-year strategy shall contain related information, including: (1) the impact of such implementation on departmental operations and costs; and (2) the degree to which DHS established central DHS locations and co-located DHS components pursuant to the results of the required examination. The implementation policies shall require components: (1) to certify to DHS that such components have complied with specified requirements before making any major real property decision or recommendation; and (2) acting through regional property managers, to report annually to DHS on underutilized space and identify space that may be made available for use by other components or federal agencies. DHS may grant an exception to the workspace standard usable square foot ranges for specific office locations at which a reduction or elimination of otherwise underutilized space would negatively impact a component's ability to execute its mission based on readiness performance measures or would increase the cost of such space. Each component shall identify a senior career employee to serve as the property manager for each geographic region. Each such manager shall: (1) serve as a single point of contact for DHS headquarters and other DHS components for real property matters, (2) provide data and any other support necessary for the DHS Regional Mission Support Coordinator strategic asset and portfolio planning and execution, and (3) provide to DHS annually data on each component's real property holdings. DHS shall: (1) monitor components' adherence to the regional real property strategies and implementation policies; (2) annually review the data submitted to ensure all underutilized space is properly identified; (3) review and, if appropriate, approve component certifications before such components may make any major real property decision; and (4) annually provide information to Congress and to the Inspector General of DHS on its real property portfolio. The Inspector General shall review the information submitted and issue findings regarding the effectiveness of the implementation of the DHS-wide policy and oversight efforts of the management of real property facilities, personal property, mobile assets, requirement and DHS's other material resources. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Rapid Innovation Fund Enhancement Act of 2016''. SEC. 2. REESTABLISHMENT AND ENHANCEMENT OF DEFENSE RESEARCH AND DEVELOPMENT RAPID INNOVATION PROGRAM. (a) Coordination of Program.--Subsection (a) of section 1073 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4366; 10 U.S.C. 2359 note) is amended by adding at the end the following: ``The program shall be coordinated with the senior acquisition executives of the departments, Agencies, and components of the Department of Defense.''. (b) Department of Defense Expenditures.--Subsection (d) of such section is amended to read as follows: ``(d) DoD Expenditures.--(1) For fiscal year 2017 and each fiscal year thereafter, the Department of Defense shall obligate for expenditure for eligible technologies under the program not less than 1 percent of the aggregate budget of the Department of Defense for such fiscal year for research, development, test, and evaluation and available for projects and activities at the level of Advanced Component Development Prototypes and above (referred to as `6.4' and above). ``(2) Nothing in paragraph (1) may be construed to prohibit the departments, Agencies, and components of the Department from expending on eligible technologies in a fiscal year an amount for that fiscal year in excess of the amount otherwise required by that paragraph.''. (c) Briefing Requirements.--Subsection (f) of such section is amended to read as follows: ``(f) Annual Briefing.--(1) Not later than January 31 each year, the Secretary shall brief the appropriate committees of Congress on the program under this section during the previous fiscal year, including the following: ``(A) A list of each project funded under this section during such fiscal year, including a short description of each such project. ``(B) The amount of funding provided for each such project. ``(C) The defense acquisition program that each such project supports, including the extent to which such project meets needs identified in its acquisition plan. ``(D) The anticipated timeline for transition for such project, or if such project transitioned during such fiscal year, to what program of record it transitioned. ``(E) Whether the award for the project was made to a small business participating in the Small Business Innovation Research Program or Small Business Technology Transfer Program under section 9 of the Small Business Act (15 U.S.C. 638), a small business under section 3 of that Act (15 U.S.C. 632), or a nontraditional defense contractor under section 2371(a) of title 10, United States Code. ``(F) The degree to which a competitive, merit-based process was used to evaluate and select the performers of the projects selected under this section during such fiscal year. ``(2) In this subsection, the term `appropriate committees of Congress' means-- ``(A) the Committee on Armed Services and the Committee on Small Business and Entrepreneurship of the Senate; and ``(B) the Committee on Armed Services and the Committee on Small Business of the House of Representatives.''. (d) Reestablishment of Program and Definition.--Subsection (g) of such section is amended to read as follows: ``(g) Eligible Technology Defined.--In this section, the term `eligible technology' means the following: ``(1) A technology that has received a Phase II award under the Small Business Innovation Research Program or the Small Business Technology Transfer Program under section 9 of the Small Business Act (15 U.S.C. 638). ``(2) A technology developed by a nontraditional defense contractor (as that term is defined in section 2302(9) of title 10, United States Code). ``(3) A technology developed by the defense laboratories. ``(4) Any other innovative technology (including a dual use technology), as determined by the Secretary.''. (e) Additional Program Flexibility.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall issue additional guidelines for the operation of the Defense Research and Development Rapid Innovation Program under section 1107 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (as amended by this section). The guidance shall include the following: (1) Guidance to Department of Defense personnel on using, to the maximum extent practicable, procedures under the Program for direct award (as described in section 9(r)(4) of the Small Business Act (15 U.S.C. 638(r)(4)) to firms participating in the Small Business Innovation Research Program or Small Business Technology Transfer Program under section 9 of that Act. (2) Guidance and procedures on the authorities in section 9(r)(4) of the Small Business Act that allow a small business concern to submit proposals to the senior acquisition executive, or a designee, at each department, Agency, and component of the Department and separate from a broad agency announcement. | Rapid Innovation Fund Enhancement Act of 2016 This bill amends the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 to require that the Defense Research and Development Rapid Innovation program be coordinated with the senior acquisition executives of the departments, agencies, and components of the Department of Defense (DOD). For FY2017 and each fiscal year thereafter, DOD shall obligate for eligible program technologies a minimum of 1% of the aggregate DOD research, development, test, and evaluation budget available for projects and activities at the level of Advanced Component Development Prototypes and above. DOD shall: (1) provide Congress with annual project briefings, and (2) issue additional program operations guidelines. "Eligible technology" means: a technology that has received a phase II award under the Small Business Innovation Research program or the Small Business Technology Transfer program, a technology developed by a nontraditional defense contractor, a technology developed by the defense laboratories, or any other innovative technology as determined by DOD. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Unemployment Compensation Extension Act of 2009''. SEC. 2. ADDITIONAL EMERGENCY UNEMPLOYMENT COMPENSATION. (a) In General.--Section 4002 of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended by adding at the end the following: ``(d) Further Additional Emergency Unemployment Compensation.-- ``(1) In general.--If, at the time that the amount added to an individual's account under subsection (c)(1) (hereinafter `additional emergency unemployment compensation') is exhausted or at any time thereafter, such individual's State is in an extended benefit period (as determined under paragraph (2)), such account shall be further augmented by an amount (hereinafter `further additional emergency unemployment compensation') equal to the lesser of-- ``(A) 50 percent of the total amount of regular compensation (including dependents' allowances) payable to the individual during the individual's benefit year under the State law; or ``(B) 13 times the individual's average weekly benefit amount (as determined under subsection (b)(2)) for the benefit year. ``(2) Extended benefit period.--For purposes of paragraph (1), a State shall be considered to be in an extended benefit period, as of any given time, if such a period would then be in effect for such State under the Federal-State Extended Unemployment Compensation Act of 1970 if-- ``(A) section 203(d) of such Act-- ``(i) were applied by substituting `6' for `5' each place it appears; and ``(ii) did not include the requirement under paragraph (1)(A) thereof; or ``(B) section 203(f) of such Act were applied to such State-- ``(i) regardless of whether or not the State had by law provided for its application; ``(ii) by substituting `8.5' for `6.5' in paragraph (1)(A)(i) thereof; and ``(iii) as if it did not include the requirement under paragraph (1)(A)(ii) thereof. ``(3) Coordination rule.--Notwithstanding an election under section 4001(e) by a State to provide for the payment of emergency unemployment compensation prior to extended compensation, such State may pay extended compensation to an otherwise eligible individual prior to any further additional emergency unemployment compensation, if such individual claimed extended compensation for at least 1 week of unemployment after the exhaustion of additional emergency unemployment compensation. ``(4) Limitation.--The account of an individual may be augmented not more than once under this subsection.''. (b) Conforming Amendment to Non-Augmentation Rule.--Section 4007(b)(2) of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended-- (1) by striking ``then section 4002(c)'' and inserting ``then subsections (c) and (d) of section 4002''; and (2) by striking ``paragraph (2) of such section)'' and inserting ``paragraph (2) of such subsection (c) or (d) (as the case may be))''. (c) Transfer of Funds.--Section 4004(e)(1) of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended by striking ``Act;'' and inserting ``Act and the Unemployment Compensation Extension Act of 2009;''. (d) Effective Date.--The amendments made by this section shall apply as if included in the enactment of the Supplemental Appropriations Act, 2008, except that no amount shall be payable by virtue of such amendments with respect to any week of unemployment commencing before the date of the enactment of this Act. SEC. 3. 0.2 PERCENT FUTA SURTAX. (a) In General.--Section 3301 of the Internal Revenue Code of 1986 (relating to rate of tax) is amended-- (1) by striking ``through 2009'' in paragraph (1) and inserting ``through 2010'', and (2) by striking ``calendar year 2010'' in paragraph (2) and inserting ``calendar year 2011''. (b) Effective Date.--The amendments made by this section shall apply to wages paid after December 31, 2009. SEC. 4. REPORTING OF FIRST DAY OF EARNINGS TO DIRECTORY OF NEW HIRES. (a) In General.--Section 453A(b)(1)(A) of the Social Security Act (42 U.S.C. 653a(b)(1)(A)) is amended by inserting ``the date services for remuneration were first performed by the employee,'' after ``of the employee,''. (b) Reporting Format and Method.--Section 453A(c) of the Social Security Act (42 U.S.C. 653a(c)) is amended by inserting ``, to the extent practicable,'' after ``Each report required by subsection (b) shall''. (c) Effective Date.-- (1) In general.--Subject to paragraph (2), the amendments made by this section shall take effect six months after the date of enactment of this Act. (2) Compliance transition period.--If the Secretary of Health and Human Services determines that State legislation (other than legislation appropriating funds) is required in order for a State plan under part D of title IV of the Social Security Act to meet the additional requirements imposed by the amendment made by subsection (a), the plan shall not be regarded as failing to meet such requirements before the first day of the second calendar quarter beginning after the close of the first regular session of the State legislature that begins after the effective date of such amendment. If the State has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature. SEC. 5. COLLECTION IN ALL STATES OF UNEMPLOYMENT COMPENSATION DUE TO FRAUD. (a) In General.--Subsection (f) of section 6402 of the Internal Revenue Code of 1986 is amended by striking paragraph (3) and redesignating paragraphs (4) through (8) as paragraphs (3) through (7), respectively. (b) Effective Date.--The amendment made by this section shall apply to refunds payable on or after the date of the enactment of this Act. | Unemployment Compensation Extension Act of 2009 - Amends the Supplemental Appropriations Act, 2008 with respect to the state-established individual emergency unemployment compensation account (EUCA). Requires a further additional Tier-3 period for deposits to an individual's EUCA, using the current formula, if, at the time the amount added to such individual's account under the Act is exhausted or at any time thereafter, the individual's state is in an extended benefit period. Prescribes a formula for determining if a state is in an extended benefit period. Allows the Tier-3 period augmentation to be applied to the individual's EUCA only once. Authorizes a state to pay extended compensation to an otherwise eligible individual before any further additional emergency unemployment compensation (EUC), if such individual claimed extended compensation for at least one week of unemployment after the exhaustion of additional EUC. Amends the Internal Revenue Code to extend from 2009 through 2010 the 6.2% surtax on employers under the Federal Unemployment Tax Act (FUTA). Delays the scheduled 2010 reduction in the surtax to 6% until 2011. Amends title IV part D (Child Support and Establishment of Paternity) of the Social Security Act to require an employer to report to the state Directory of New Hires, in addition to other information, the date services for remuneration were first performed by a newly hired employee. Qualifies the requirement that an employer file new hire reports on a W-4 or equivalent form by adding the phrase "to the extent practicable." Amends the Internal Revenue Code to revise conditions for state collection of unemployment compensation debts resulting from fraud. Repeals the limitation to residents of the state seeking such an offset of the requirement that the Secretary of the Treasury reduce an individual's overpayment of federal income tax to offset any covered unemployment compensation debt the individual owes such state. (Literally, repeals the requirement that the address shown on the federal tax return for the taxable year of the overpayment be an address within the state seeking the offset.) Permits the Secretary to make such an offset regardless of whether the person resides in the state seeking it. |
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